For Checkersrallys franchises in California, what is the potential impact on a franchisee's spouse's marital and personal assets due to the personal guarantee?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
Personal Guarantee: Franchisees and all owners must sign a personal guarantee, making you and your spouse individually liable for your financial obligations under the agreement if you are married. The guarantee will place your and your spouse's marital and personal assets at risk if your franchise fails.
Source: Item 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, franchisees in California, along with their spouses, must sign a personal guarantee. This requirement makes both the franchisee and their spouse individually liable for the financial obligations under the franchise agreement if they are married. Consequently, if the Checkersrallys franchise fails, the personal guarantee places both the franchisee's and their spouse's marital and personal assets at risk. This is explicitly highlighted in the addendum for the state of California.
This personal guarantee means that in the event of financial difficulties or failure of the franchise, Checkersrallys can pursue the personal assets of both the franchisee and their spouse to cover outstanding debts and obligations. These assets could include savings, property, investments, and other valuables. The franchisee and their spouse should carefully consider the potential financial risks and seek legal and financial advice before signing the franchise agreement and personal guarantee.
It is important for prospective franchisees in California to fully understand the implications of the personal guarantee and how it could affect their personal and marital assets. Franchisees should evaluate their financial situation, risk tolerance, and consult with legal and financial professionals to make an informed decision about investing in a Checkersrallys franchise.