factual

Under the Buns On Fire Guaranty, what is the effect of the cessation of liability of any of the undersigned?

Buns_On_Fire Franchise · 2025 FDD

Answer from 2025 FDD Document

The cessation of or release from liability of Franchisee or any of the undersigned shall not relieve any other Guarantors from liability hereunder, under the Franchise Agreement, or under any other agreement(s) between Franchisor and Franchisee, except to the extent that the breach or default has been remedied or moneys owed have been paid.

Source: Item 23 — RECEIPTS (FDD pages 49–200)

What This Means (2025 FDD)

According to the 2025 Buns On Fire Franchise Disclosure Document, the cessation of liability of any of the guarantors does not relieve the other guarantors from their obligations. Specifically, if one guarantor is released from liability, the remaining guarantors are still responsible under the Guaranty, the Franchise Agreement, or any other agreements between Buns On Fire and the franchisee. This remains true unless the breach or default that triggered the guaranty has been resolved, or the money owed has been paid.

This clause protects Buns On Fire by ensuring that the obligations under the franchise agreement are met even if one or more of the guarantors are no longer liable. It means that if a franchisee defaults, Buns On Fire can pursue any or all of the guarantors to recover the owed amounts. The guarantors cannot claim that the release of one guarantor reduces their own liability, ensuring Buns On Fire has recourse to the full extent of the guarantee.

For a prospective Buns On Fire franchisee, this highlights the importance of understanding the full scope of the Guaranty and the potential liabilities involved. If multiple individuals are signing the Guaranty, each should be aware that their obligations are independent of the others, and the release of one does not diminish the responsibility of the rest. Franchisees should seek legal counsel to fully understand the implications of this clause before signing the Franchise Agreement and related documents.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.