factual

What representation does each Guarantor make regarding their marital status in the Cicis Guaranty?

Cicis Franchise · 2025 FDD

Answer from 2025 FDD Document

Each Guarantor represents and warrants that, if no signature appears below for such Guarantor's spouse, such Guarantor is either not married or, if married, is a resident of a state which does not require the consent of both spouses to encumber the assets of a marital estate.

Source: Item 22 — CONTRACTS (FDD pages 64–65)

What This Means (2025 FDD)

According to the 2025 Cicis Franchise Disclosure Document, each guarantor must represent their marital status. Specifically, if the guarantor's spouse does not sign the Guaranty, the guarantor represents and warrants that they are either not married or, if married, reside in a state that does not require spousal consent to encumber marital assets.

This representation is crucial because it affects the enforceability of the Guaranty. If a guarantor falsely represents their marital status, it could potentially invalidate the Guaranty, making it more difficult for Cicis to recover any losses if the franchisee defaults on their obligations. This also protects the spouse's separate property from being subject to the guaranty.

For a prospective Cicis franchisee, this means carefully reviewing the Guaranty and accurately representing their marital status. If married, they should understand their state's laws regarding marital property and spousal consent. If necessary, they should consult with an attorney to ensure they are complying with all applicable legal requirements. Cicis requires this to ensure that the assets of the guarantor are fully available should the franchisee default.

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.