What must a new Interested Party do regarding a guarantee and indemnity when becoming an Interested Party for a Chatime franchise?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
18 Guarantee and Indemnity
18.1 Interested Party's Guarantee
Franchisee must ensure that:
- (1) Each Interested Party give a guarantee and indemnity on the terms set out in this clause 18, in the form attached as Exhibit 3; and
- (2) Any new Interested Party, upon becoming an Interested Party, sign a guarantee and indemnity in respect of Franchisee's obligations under this Agreement on the then-current terms used by Franchisor.
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to Chatime's 2025 Franchise Disclosure Document, if a new Interested Party becomes involved with a Chatime franchise, they must sign a guarantee and indemnity. This guarantee and indemnity must cover the franchisee's obligations under the Franchise Agreement, and it must be based on the current terms used by Chatime at that time. The specific form for this guarantee and indemnity is attached as Exhibit 3 to the Franchise Agreement.
In simpler terms, this means that if someone becomes an 'Interested Party' (which could be a partner, investor, or other involved individual) after the franchise agreement is already in place, they also need to provide a personal guarantee. This guarantee ensures that the franchisee meets all of their financial and operational responsibilities outlined in the agreement. The new Interested Party is essentially vouching for the franchisee's performance.
This requirement protects Chatime by ensuring that all individuals with a significant stake in the franchise are personally liable for its success and compliance. It also aligns the interests of all Interested Parties with those of the franchisor, encouraging them to work together to uphold the standards and obligations of the franchise agreement. Prospective franchisees should carefully review Exhibit 3 and understand the full scope of the guarantee and indemnity before allowing anyone to become a new Interested Party.