Under the Carbones Pizzeria Guaranty, what is the definition of 'Franchise Agreement'?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
| The undersigned ("Franchisee") acknowledges that on or about, 202, Franchisee and M & T Pizza Incorporated ("Franchisor") entered into a Franchise Agreement ("Agreement") for the operation of a Carbone's Pizzeria franchise. |
|---|
| To enable the Franchisor to receive automatic payments pursuant to the Agreement, Franchisee authorizes ("Authorization") |
| Franchisor to withdraw funds from and otherwise initiate debit entries to Franchisee's bank account indicated below, and the |
| depository named below ("Depository"), to debit the same to such account. |
| Depository Name: |
| Branch: |
| City State and Zip: |
| Transit/ABA#: |
| Bank Account Name: |
| Bank Account Number: |
| Tax ID for Account: |
| This Authorization is to remain in full force and effect until the underlying obligations of the Agreement have been satisfied in |
| full or expressly released in writing by Franchisor. Franchisee expressly agrees that this Authorization will apply to any and all |
| depositories and bank accounts that Franchisee opens during the term of the Agreement and any renewal terms. Without limiting |
| the above, Franchisee acknowledges and agrees that if Franchisee closes any bank account, Franchisee will: |
| 1) |
| immediately notify Franchisor in writing; |
| 2) |
| open or otherwise establish another bank account; |
| 3) |
| execute and deliver to Franchisor all documents necessary for Franchisor to begin and continue making |
| withdrawals from such bank account/depository by ACH debiting or other electronic means. |
| Franchisee expressly acknowledges and agrees that this Authorization will be the only written authorization needed from |
| Franchisee in order to initiate debit entries/ACH debit originations to Franchisee's bank account(s) established with any |
| depository in the future. |
| Name of Franchisee(s): |
| Signature: Sample - Not for Execution |
| Print Name: |
| Title: |
| Date: |
EXHIBIT C
GUARANTY
IN CONSIDERATION of the [INSERT ONE/DELETE REMAINING ONE] [grant by M & T Pizza Incorporated ("Franchisor") of a Carbone's Pizza franchise to the party named as Franchisee in the Franchise Agreement (the "Franchisee") to which this Guaranty is attached (the "Franchise Agreement")] OR [consent by M & T Pizza Incorporated ("Franchisor") to the assignment of the Franchise Agreement to which this Guaranty is attached (the "Franchise Agreement") to the assignee and party named as the Franchisee in the Franchise Agreement ("Franchisee")], and for other good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby guarantee (jointly and severally with one another and all other guarantors of Franchisee, whether such guaranties are entered into prior to or after the date hereof) to Franchisor and to Franchisor's successors and assigns: (a) the payment of all costs and fees required to be paid to Franchisor or its affiliates by Franchisee, whether such costs and fees are provided for in the Franchise Agreement or under any other agreement between Franchisee and Franchisor or an affiliate of Franchisor, and (b) the performance by Franchisee of all its obligations under all such agreements and u
Source: Item 22 — CONTRACTS (FDD page 30)
What This Means (2025 FDD)
According to Carbones Pizzeria's 2025 Franchise Disclosure Document, the Franchise Agreement, within the context of the Guaranty, refers to the agreement where M & T Pizza Incorporated ("Franchisor") either grants a Carbone's Pizza franchise to a Franchisee or consents to the assignment of an existing Franchise Agreement to a new Franchisee. This agreement outlines the terms and conditions under which the Franchisee operates the Carbone's Pizzeria franchise.
The Guaranty is attached to this Franchise Agreement and serves as a guarantee from another party (the guarantor) to ensure the Franchisee fulfills their financial and operational obligations. This includes the payment of all costs and fees to Carbones Pizzeria or its affiliates, as stipulated in the Franchise Agreement or any other agreement between the Franchisee and Carbones Pizzeria. It also covers the Franchisee's adherence to all obligations outlined in these agreements, as well as compliance with Carbones Pizzeria's manuals and operating procedures.
The guarantor agrees to be individually bound by all covenants, obligations, and commitments of the Franchisee as if they were the Franchisee themselves. This ensures that Carbones Pizzeria has recourse not only to the Franchisee but also to the guarantor, providing an additional layer of security for the franchisor. This is a common practice in franchising to mitigate the risk of franchisee default and ensure brand standards are maintained.