Who are the parties that are bound by the guarantee related to the Buns On Fire Franchise Agreement?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
This Guaranty is to be exclusively construed in accordance with and/or governed by the law of the State of Illinois without recourse to Illinois (or any other) choice of law or conflicts of law principles. If, however, any provision of this Guaranty would not be enforceable under the laws of Illinois, and if the business franchised under the Franchise Agreement is located outside of Illinois and the provision would be enforceable under the laws of the state in which the franchised business is located, then the provision (and only that provision) will be interpreted and construed under the laws of that state. Nothing in this Guaranty is intended to invoke the application of any franchise, business opportunity, antitrust, "implied covenant", unfair competition, fiduciary or any other doctrine of law of the State of Illinois or any other state, which would not otherwise apply.
Any litigation arising out of or related to this Guaranty will be instituted exclusively in a court of competent jurisdiction in Cook County, Illinois. The undersigned agree that any dispute as to the venue for this litigation will be submitted to and resolved exclusively by a court of competent jurisdiction situated in Cook County, Illinois. The undersigned hereby waive and covenant never to assert or claim that said venue is for any reason improper, inconvenient, prejudicial or otherwise inappropriate (including, without limitation, any claim under the judicial doctrine of forum non conveniens).
Should any one or more provisions of this Guaranty be determined to be illegal or unenforceable, all other provisions shall nevertheless be effective.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, each of the undersigned has executed this Guaranty effective as of the date of the Franchise Agreement.
Address: Address: Phone Number: Phone Number: Address: Address: Phone Number: Phone Number:
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, the guarantee related to the Franchise Agreement is executed by the undersigned, as indicated by the statement, "IN WITNESS WHEREOF, each of the undersigned has executed this Guaranty effective as of the date of the Franchise Agreement." This means that the individuals who sign the Guaranty are legally bound by its terms. The document also includes spaces for addresses and phone numbers, implying that these individuals are providing their contact information as part of the agreement.
The Guaranty is construed under Illinois law, but with a notable exception. If any provision is unenforceable under Illinois law, and the franchised business is located outside of Illinois where that provision would be enforceable, then the law of the state where the business is located will govern that specific provision. This clause ensures that the Guaranty remains as enforceable as possible, adapting to the legal requirements of the location of the Buns On Fire franchise.
Furthermore, any legal action related to the Guaranty must be initiated in a court within Cook County, Illinois. The signatories waive any objection to this venue, agreeing that it is appropriate and convenient. This stipulation provides clarity and certainty regarding where legal disputes will be resolved. The document also states that if any part of the Guaranty is found to be illegal or unenforceable, the remaining provisions will still be valid, ensuring that the majority of the agreement remains in effect. This comprehensive approach aims to create a legally sound and enforceable guarantee for the Buns On Fire franchise.