factual

For Clean Your Dirty Face, who is required to execute a guaranty in the prescribed form?

Clean_Your_Dirty_Face Franchise · 2025 FDD

Answer from 2025 FDD Document

If you are a corporation, limited liability company, or general or limited partnership (collectively, an "Entity"), you agree and represent that:

  • (4) Any person owning an interest in you at any time during this Agreement's term will execute a guaranty in the form we prescribe undertaking personally to be bound, jointly and severally, by all provisions of this Agreement and any ancillary agreements between you and us.

Our current form of guaranty is attached hereto as Exhibit D.

Subject to our rights and your obligations under Section 12, you and your owners agree to sign and deliver to us a revised Exhibit A to reflect any changes in your ownership information;

Source: Item 22 — CONTRACTS (FDD page 54)

What This Means (2025 FDD)

According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, if the franchisee is a corporation, limited liability company, or general or limited partnership (collectively, an "Entity"), any person owning an interest in the entity at any time during the Franchise Agreement's term must execute a guaranty in the form prescribed by Clean Your Dirty Face. This guaranty undertakes that the person will be personally bound, jointly and severally, by all provisions of the Franchise Agreement and any ancillary agreements between the entity and Clean Your Dirty Face. The current form of guaranty is attached to the Franchise Agreement as Exhibit D.

This requirement ensures that Clean Your Dirty Face has recourse to the personal assets of the owners of the franchisee entity, not just the entity's assets, in the event of a breach of the Franchise Agreement. This is a common practice in franchising, as it provides the franchisor with additional security and encourages the owners to actively manage and oversee the franchise operations.

Furthermore, Clean Your Dirty Face requires the franchisee to provide a complete and accurate description of all owners and their interests in the entity as of the effective date of the agreement in Exhibit A. The franchisee and its owners must also sign and deliver a revised Exhibit A to reflect any changes in ownership information. This ensures that Clean Your Dirty Face has up-to-date information on the ownership structure of the franchisee entity and can properly enforce the guaranty provisions.

Prospective Clean Your Dirty Face franchisees should carefully review the form of guaranty (Exhibit D) and understand the full extent of their personal liability under the Franchise Agreement. They should also ensure that they accurately disclose all ownership interests in Exhibit A and promptly update this information if any changes occur.

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.