Does the Franchisee's guarantee to Deck Medic extend to successors and assigns of Deck Medic?

According to Deck Medic's 2024 Franchise Disclosure Document, the franchisee's obligations, including financial ones, are guaranteed through the Franchise Owner and Spouse Agreement and Guaranty, attached as Exhibit 1. This agreement ensures that all payments, amounts, fees, charges, and other financial obligations are met by the franchisee. It also guarantees the franchisee's adherence to all terms and conditions outlined in the Franchise Agreement.

While the document specifies that the franchisee's obligations are guaranteed, it does not explicitly state whether this guarantee extends to successors and assigns of Deck Medic. The FDD mentions scenarios involving the death or disability of the franchisee, where the agreement may be transferred to a designated person, heir, or beneficiary. However, it does not clarify if the original guarantee remains in effect if Deck Medic transfers or assigns its rights and obligations to another party.

Therefore, a prospective Deck Medic franchisee should seek clarification from the franchisor regarding whether the franchisee's guarantee extends to successors and assigns of Deck Medic. Understanding the scope and limitations of the guarantee is crucial for assessing the potential liabilities and risks associated with the franchise agreement.