Under the Carbones Pizzeria Guaranty, what does the guarantor guarantee to the Franchisor?
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. |
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| 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 under all manuals and operating procedures of Franchisor's business sys
Source: Item 22 — CONTRACTS (FDD page 30)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, the guarantor ensures specific obligations to M & T Pizza Incorporated, the franchisor. The guarantor commits to (a) the payment of all costs and fees that the franchisee is required to pay to Carbones Pizzeria or its affiliates. This includes payments outlined in the Franchise Agreement or any other agreement between the franchisee and Carbones Pizzeria or its affiliates. (b) the guarantor also ensures the performance by the franchisee of all obligations under all such agreements, including adherence to all manuals and operating procedures of Carbones Pizzeria's business system.
Furthermore, the guarantor agrees to remain individually bound by all covenants, obligations, and commitments of the franchisee as if the guarantor were the franchisee themselves. This means the guarantor is equally responsible for fulfilling the terms of the Franchise Agreement and any other related agreements.
In practical terms, this Guaranty ensures that Carbones Pizzeria has recourse beyond the franchisee in case of financial or operational non-compliance. A prospective franchisee should carefully consider who will act as the guarantor, as this individual or entity takes on significant legal and financial responsibilities. It is also important to understand the full scope of the Franchise Agreement and related documents to be aware of all obligations that the guarantor is guaranteeing.