factual

If the franchisee for Chicken Guy is an individual, are they personally liable for breaches of the Franchise Agreement?

Chicken_Guy Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (2) If Franchisee is an individual, or a partnership comprised solely of individuals, Franchisee makes the following additional representations and warranties: (a) each individual has executed this Agreement; (b) each individual shall be jointly and severally bound by, and personally liable for the timely and complete performance and a breach of, each and every provision of this Agreement; and (c) notwithstanding any transfer for convenience of ownership, pursuant to Section 19.D., each individual shall continue to be jointly and severally bound by, and personally liable for the timely and complete performance and a breach of, each and every provision of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to the 2025 Chicken Guy Franchise Disclosure Document, if the franchisee is an individual or a partnership comprised solely of individuals, each individual is jointly and severally bound by, and personally liable for, the timely and complete performance and any breach of every provision within the Franchise Agreement. This means that each individual franchisee is fully responsible for upholding the terms of the agreement and can be held personally accountable for any failures to do so.

This personal liability extends throughout the term of the agreement, regardless of any ownership transfers made for convenience. Even if the ownership structure changes, the original individual franchisees remain responsible for the franchise's performance and adherence to the agreement's terms. This provision ensures that Chicken Guy has recourse to the personal assets of the franchisees in case of breaches, offering a layer of security for the franchisor.

For a prospective Chicken Guy franchisee, this clause highlights the significant personal risk involved in signing the Franchise Agreement as an individual or partnership of individuals. It is crucial to fully understand the obligations and potential liabilities before entering into such an agreement. Franchisees should seek legal counsel to review the agreement and assess the potential risks to their personal assets. They should also ensure they have adequate insurance coverage to protect against potential liabilities arising from the operation of the franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.