Who is the Burneys Sweets More Personal Guaranty enforceable by and against?

According to Burneys Sweets More's 2025 Franchise Disclosure Document, the Personal Guaranty is enforceable by and against the respective administrators, executors, heirs, successors, and assigns of each Guarantor. The death of any Guarantor does not terminate their liability or limit the liability of other Guarantors.

This means that if a Burneys Sweets More franchisee is required to have a personal guarantor as part of their franchise agreement, that guarantor's obligations extend beyond their lifetime. Their estate and heirs would be responsible for fulfilling the obligations outlined in the guaranty, even after the guarantor's death. This ensures that Burneys Sweets More has recourse to recover any outstanding debts or enforce the terms of the franchise agreement, regardless of the guarantor's passing.

For a prospective Burneys Sweets More franchisee, this highlights the importance of carefully considering who they choose as a personal guarantor. The person providing the guaranty should understand the long-term implications and have assets sufficient to cover potential liabilities. It also underscores the need for the guarantor to have a clear understanding of the franchise agreement and the potential financial risks involved. Franchisees should discuss these implications with potential guarantors and seek legal and financial advice to fully understand the obligations and risks associated with the Personal Guaranty.