Is the Guaranty and Undertaking of Obligations for Bumper Man continuing and irrevocable during the Term?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
Principal hereby personally and unconditionally guarantees to Franchisor and its successors and assigns, for the Term and afterward as provided in the Agreement, that Certified Technician will punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement.
Principal represents that each and every representation of Certified Technician made in connection with the Agreement is true, correct and complete in all respects as of the time given and as of the time of the undersigned Principal(s)' execution of this Guaranty.
Principal acknowledges that it is included in the term "Principal" as described in Section 1 of the Agreement and without limiting any guarantee of Franchisee's obligations under the Agreement, makes all covenants, representations, warranties and agreements of Principals set forth in the Agreement and is obligated to individually perform thereunder for so long as he or she qualifies as a Principal and thereafter to the extent expressly provided by the terms of the Agreement, including without limitation the representations, warranties and covenants described in the following sections of the Agreement: Section 10 (Representations, Warranties and Covenants), Section 16 (Transferability of Interest), Section 17 (Restrictive Covenants) and Section 20 (Indemnification).
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the Guaranty and Undertaking of Obligations provided by the Principal to Bumper Man is in effect for the term of the franchise agreement. The Principal personally and unconditionally guarantees to Bumper Man that the Certified Technician (franchisee) will fulfill all obligations outlined in the Franchise Agreement. This obligation extends to Bumper Man's successors and assigns.
The Principal's guarantee includes ensuring that the Certified Technician punctually pays and performs every agreement and covenant detailed in the Franchise Agreement. The Principal also confirms that all representations made by the Certified Technician in connection with the Franchise Agreement are accurate and complete.
Furthermore, the Principal acknowledges their inclusion in the term "Principal" as defined in the agreement and commits to all covenants, representations, warranties, and agreements set forth for Principals. This includes obligations under sections of the agreement related to representations, warranties, covenants, transferability of interest, restrictive covenants, and indemnification. The obligations continue as long as the individual qualifies as a Principal and, even after, to the extent expressly provided by the terms of the Agreement.