Is the Cream Guaranty continuing and irrevocable during the term of the Agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Guarantor consents and agrees that: (1) Guarantor's direct and immediate liability under this Guaranty will be joint and several, both with Franchise Owner and among other guarantors; (2) Guarantor will render any payment or performance required under the Agreement upon demand if Franchise Owner fails or refuses punctually to do so; (3) this liability will not be contingent or conditioned upon our pursuit of any remedies against Franchise Owner or any other person; (4) this liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence which we may from time to time grant to Franchise Owner or to any other person, including the acceptance of any partial payment or performance or the compromise or release of any claims, or any amendment, waiver or restatement to any terms of the Agreement, none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during the term of the Agreement; and (5) at our request, each Guarantor shall present updated financial information to us as reasonably necessary to demonstrate such Guarantor's ability to satisfy the financial obligations of Franchise Owner under the Agreement.
Each Guarantor waives: (i) all rights to payments and claims for reimbursement or subrogation which any Guarantor may have against Franchise Owner arising as a result of the Guarantor's execution of and performance under this Guaranty; and (ii) acceptance and notice of acceptance by us of Guarantor's undertakings under this Guaranty, notice of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed, protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed, and any other notices to which he or she may be entitled.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the Guaranty is continuing and irrevocable during the term of the Agreement. Specifically, the guarantor's liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence granted to the Franchise Owner or any other person. This includes acceptance of partial payment or performance, compromise or release of any claims, or any amendment, waiver, or restatement to any terms of the Agreement. None of these actions will modify or amend the Guaranty.
This means that as a Cream franchisee, the guarantor's obligations remain in effect throughout the term of the franchise agreement, regardless of any changes or concessions made between Cream and the franchisee. The guarantor cannot revoke or terminate their obligations during this period. This ensures Cream has continuous financial security throughout the agreement's duration.
Furthermore, the guarantor consents and agrees to joint and several liability with the Franchise Owner and other guarantors. The guarantor must render any payment or performance required under the Agreement upon demand if the Franchise Owner fails to do so. This liability is not contingent upon Cream pursuing remedies against the Franchise Owner or any other person. The guarantor also waives all rights to payments and claims for reimbursement or subrogation against the Area Developer arising from the Guaranty.