Where is the current form of guarantee attached in the Cream Franchise Agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
terminated and we are transitioning your Shop | | | operations as permitted under Section 15D or determining whether to do so | |
ATTACHMENT C TO FRANCHISE AGREEMENT
PREMISES AND PROTECTED TERRITORY
| sell any products and services of any kind and in any manner from | your | Shop and/or using the | |
|---|---|---|---|
| Marks, unless we direct you otherwise in connection with our exercise of our option to purchase |
ATTACHMENT D TO FRANCHISE AGREEMENT
GUARANTY AND ASSUMPTION OF OBLIGATIONS
THIS GUARANTY AND ASSUMPTION OF OBLIGATIONS is given by each of the undersigned persons indicated below who have executed this Guaranty (each a "Guarantor") to be effective as of the Effective Date of the Agreement (defined below).
In consideration of, and as an inducement to, the execution of that certain Franchise Agreement (the "Agreement") on this date by Jeni's Splendid Ice Creams Franchise, LLC ("us," "we," or "our"), each Guarantor personally and unconditionally (a) guarantees to us and our successors and assigns, for the term of the Agreement and afterward as provided in the Agreement, that ________________________________________ ("Franchise Owner") will punctually pay and perform each and every undertaking, agreement, and covenant set forth in the Agreem
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the current form of guarantee is included as Attachment D to the Franchise Agreement. This attachment outlines the Guaranty and Assumption of Obligations, which is effective as of the agreement's effective date.
The guarantee is provided by individuals who are executing the Guaranty, referred to as "Guarantors." These guarantors are induced to execute the Franchise Agreement by Jeni's Splendid Ice Creams Franchise, LLC. Each Guarantor personally and unconditionally guarantees to Cream and its successors and assigns that the Franchise Owner will fulfill every undertaking, agreement, and covenant outlined in the Franchise Agreement for the term of the agreement and afterward, as provided in the agreement.
Furthermore, each Guarantor agrees to be personally bound by and personally liable for any breaches of the agreement. This includes monetary obligations, requirements to take or refrain from specific actions, and adherence to non-competition, confidentiality, and transfer requirements. This ensures that Cream has recourse to the personal assets of the guarantors should the franchisee entity fail to meet its obligations under the Franchise Agreement.