What is the Crave Guarantor's responsibility regarding the payment of rental and other sums or charges?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
| Crave WM Franchising LLC, a Wyoming limited liability company ("Sublessor"), | |
|---|---|
| executes this Sublease (the "Sublease") herewith between Sublessor and | |
| , a | limited liability |
| company ("Sublessee"), covering certain premises, situated in the City of | in the state of, within the |
| Walmart location located at The undersigned, jointly and | |
| severally (hereinafter referred to individually and collectively as "Guarantor", whether one or | |
| more) hereby jointly and severally guarantee unto Sublessor the payment and performance of (i) all | |
| of the rental and other sums or charges which may ever become due and payable by Tenant under | |
| the Lease, including, without limitation, rental that becomes due and payable by reason of the | |
| exercise of any power to accelerate granted to Sublessor under the Sublease and any damages or | |
| other sums that become payable on account of any default by Sublessee under the Sublease, and (ii) | |
| all of the other obligations, liabilities and duties of Sublessee under the Sublease (the rental, other | |
| sums and charges and other obligations, liabilities and duties described in the foregoing clauses (i) | |
| and (ii) being hereinafter collectively referred to as the "Obligations"). For the purposes hereof, the | |
| term "Sublessee" shall include any assignee of Sublessee, | and the term "Sublease" shall include any |
| amendment of the Sublease effected by Sublessor and Sublessee, with or | without the consent or |
| knowledge of Guarantor. |
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, the Guarantor is responsible for ensuring the payment and performance of all rental and other sums or charges that the Sublessee (tenant) owes under the Sublease agreement. This includes rental payments, any charges, and any other financial obligations. The Guarantor's obligations extend to damages or other sums that become payable due to any default by the Sublessee. This responsibility is joint and several, meaning each guarantor is fully liable for the entire debt.
The Guarantor's responsibility also covers all other obligations, liabilities, and duties of the Sublessee as outlined in the Sublease. Even if the Sublessee's obligations are modified or extended, or if the Sublessor's rights are amended in a bankruptcy or reorganization case, the Guarantor remains obligated to fulfill the original terms of the Guaranty. The Guarantor assumes all risks associated with bankruptcy or reorganization proceedings involving the Sublessee or any other guarantor.
The Guarantor must also cover reasonable attorney's fees and other costs incurred by the Sublessor to enforce the Guaranty. If any payment made by the Sublessee is later reclaimed due to bankruptcy laws or other reasons, the Guarantor is still liable for that amount and must pay it to the Sublessor upon demand. The Guarantor does not have the right of subrogation (the right to pursue the Sublessee for the debt) unless expressly granted in writing by the Sublessor. Any debts the Sublessee owes to the Guarantor are subordinated to this Guaranty, and the Sublessor can require the Guarantor to collect those debts as a trustee for the Sublessor to satisfy the guaranteed obligations.