If married, what does the spouse's signature on the Cicis Guaranty acknowledge?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
By signing below, the undersigned spouse of each Guarantor indicated below, acknowledges and consents to the guaranty given herein by his/her spouse. Such consent also serves to bind the assets of the marital estate to Guarantor's performance of this Guaranty. We confirm that a spouse who signs this Guaranty solely in his or her capacity as a spouse (and not as an owner) is signing merely to acknowledge and consent to the execution of the Guaranty by his or her spouse and to bind the assets of the marital estate as described therein and for no other purpose (including, without limitation, to bind the spouse's own separate property).
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, if a guarantor is married, the spouse's signature on the Guaranty acknowledges and consents to the guaranty provided by their spouse. This consent also binds the assets of the marital estate to the guarantor's performance of the Guaranty. However, a spouse signing solely in their capacity as a spouse is only acknowledging and consenting to the execution of the Guaranty by their spouse and to bind the assets of the marital estate, and not to bind the spouse's own separate property.
This provision ensures that Cicis has recourse to the marital assets in the event the franchisee defaults on their obligations. It is a common practice in franchising to require spousal consent to ensure all available assets are accessible to cover potential liabilities. This requirement protects Cicis by expanding the asset base that can be used to satisfy debts or obligations under the franchise agreement.
Prospective franchisees should be aware of this requirement and discuss it with their spouse and legal counsel to fully understand the implications. It is important to note that the spouse's separate property is not subject to the guaranty, but the marital assets are at risk if the franchisee fails to meet their obligations. Franchisees should carefully consider the financial risks associated with the franchise and ensure they have a clear understanding of their obligations under the franchise agreement and the Guaranty.