factual

Are spouses required to sign a guaranty for a City Publications franchise?

City_Publications Franchise · 2025 FDD

Answer from 2025 FDD Document

If you are a corporation, partnership, limited liability company or other business entity, your owners must not only personally guarantee your obligations under the Franchise Agreement but also agree to be personally bound by, and personally liable for the breach of, every provision of the Franchise Agreement. This "Guaranty and Assumption of Obligations" is attached to the Franchise Agreement as Exhibit C. Spouses are not required to sign a guaranty.

Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 25–26)

What This Means (2025 FDD)

According to City Publications' 2025 Franchise Disclosure Document, spouses are not required to sign a guaranty. However, if the franchisee is a corporation, partnership, limited liability company, or other business entity, the owners must personally guarantee the obligations under the Franchise Agreement. They must also agree to be personally bound by, and personally liable for the breach of, every provision of the Franchise Agreement. This "Guaranty and Assumption of Obligations" is attached to the Franchise Agreement as Exhibit C.

This means that while the spouse of an individual franchisee is not required to sign a guaranty, the owners of a business entity that is a franchisee must provide a personal guarantee. This is a common practice in franchising, as it ensures that the franchisor has recourse to the personal assets of the business owners in the event of a default or breach of contract.

Prospective franchisees should carefully review Exhibit C of the Franchise Agreement to understand the full scope of the personal guarantee and the obligations it entails. It is also advisable to consult with an attorney to discuss the implications of signing a personal guarantee and to ensure that they are fully aware of their rights and responsibilities.

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.