Can the Guaranty and Assumption of Franchisee's Obligations for a Bumble Roofing franchise be modified or amended?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
For value received, Outdoor Living Brands HoldCo LLC, a Delaware limited liability company (the "Guarantor"), located at 2426 Old Brick Road, Glen Allen, Virginia 23060, absolutely and unconditionally guarantees to assume the duties and obligations of Bumble Roofing Franchisor, LLC located at 2426 Old Brick Road, Glen Allen, Virginia 23060 (the "Franchisor"), under its franchise registration in each state where the franchise is registered, and under its Franchise Agreement identified in its 2025 Franchise Disclosure Document, as it may be amended, and as that Franchise Agreement may be entered into with franchisees and amended, modified or extended from time to time. This guarantee continues until all such obligations of the Franchisor under its franchise registrations and the Franchise Agreement are satisfied or until the liability of Franchisor to its franchisees under the Franchise Agreement has been completely discharged, whichever first occurs. The Guarantor is not discharged from liability if a claim by a franchisee against the Franchisor remains outstanding. Notice of acceptance is waived. The Guarantor does not waive receipt of notice of default on the part of the Franchisor. This guarantee is binding on the Guarantor and its successors and assigns.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Bumble Roofing Franchise Disclosure Document, the Guarantor's obligations, specifically those of Outdoor Living Brands HoldCo LLC, which guarantees Bumble Roofing Franchisor, LLC's duties, can be amended. The guarantee extends to the Franchise Agreement as it may be amended, modified, or extended from time to time.
This means that the terms of the guarantee are not fixed and can change over time, potentially impacting the scope of the guarantor's responsibilities. The guarantee remains in effect until all obligations of Bumble Roofing Franchisor, LLC under its franchise registrations and the Franchise Agreement are satisfied or until the liability of the Franchisor to its franchisees under the Franchise Agreement has been completely discharged.
However, the Guarantor is not discharged from liability if a claim by a franchisee against the Franchisor remains outstanding, ensuring continued protection for franchisees even if the Franchise Agreement is altered. This guarantee is binding on the Guarantor and its successors and assigns, providing long-term security for the franchisees of Bumble Roofing.