What specific aspects of the Development Agreement are guaranteed by the Cinnaholic Guaranty Agreement?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Until all obligations of Developer to Franchisor have been satisfied, the obligations of the undersigned under this Guaranty shall remain in full force and effect without regard to, and shall not be released, discharged or in any way modified or affected by, any circumstance or condition (whether or not the undersigned shall have any knowledge or notice thereof), including, without limitation, any bankruptcy, insolvency, reorganization, composition, liquidation or similar proceeding, with respect to Developer or its properties or creditors, or any action taken by any trustee or receiver or by any court in any such proceeding. Each of the undersigned specifically waives any rights that may be conferred upon the undersigned as a guarantor or surety under the applicable law of any state. The remedies provided herein shall be nonexclusive and cumulative of all other rights, powers and remedies provided under the Development Agreement or by law or in equity.
The undersigned hereby agree that without the consent of or notice to any of the undersigned and without affecting any of the obligations of the undersigned hereunder, any term, covenant or condition of the Development Agreement may be amended, compromised, released or otherwise altered by Franchisor and the Developer and the undersigned do guarantee and promise to perform all of the obligations of the Developer under the Development Agreement as so amended, compromised, released or altered.
Upon notice from Franchisor that Developer has failed to pay monies due and owing to Franchisor under the Development Agreement, any and each of the undersigned agree to cure the monetary default within five business days from such notice. Upon the death of an undersigned, the estate of such undersigned shall be bound by this Guaranty but only for defaults and obligations hereunder existing at the time of death. The obligations of the surviving undersigned shall continue in full force and effect.
The undersigned expressly acknowledge that the obligations hereunder survive the termination of the Development Agreement.
Franchisor's failure to enforce all or any portion of its rights under this Guaranty shall not constitute a waiver of its ability to do so at any point in the future.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the Guaranty Agreement ensures that the obligations of the Developer to Cinnaholic are fulfilled. This remains in effect until all the Developer's obligations are satisfied, irrespective of any circumstances like bankruptcy or insolvency. The guarantor waives any rights they might have as a guarantor or surety under state law. Cinnaholic's remedies are cumulative and nonexclusive.
The Guaranty Agreement also stipulates that any changes to the Development Agreement, such as amendments or compromises, do not affect the guarantor's obligations. The guarantor continues to guarantee the Developer's obligations even if the agreement is altered. If the Developer fails to pay monies owed to Cinnaholic under the Development Agreement, the guarantor must cure the default within five business days of receiving notice from Cinnaholic.
Furthermore, the Guaranty Agreement specifies that the obligations of the guarantor survive the termination of the Development Agreement. The estate of a deceased guarantor remains bound by the agreement for defaults existing at the time of death, and the obligations of surviving guarantors continue in full force. Cinnaholic's failure to enforce its rights under the Guaranty Agreement does not waive its ability to do so in the future. This ensures Cinnaholic retains its rights to enforce the agreement at any time.