If Dryject enforces the Guaranty Agreement, what costs must the guarantor reimburse to Dryject?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisor is required to enforce this Guaranty Agreement in any judicial or arbitration proceeding or on any appeals, Guarantor must reimburse Franchisor for its enforcement costs.
Enforcement costs include reasonable accountants', attorneys', attorneys' assistants', arbitrators', and expert witness fees, costs of investigation and proof of facts, court costs, filing fees, other litigation expenses and travel and living expenses, whether incurred prior to, in preparation for, or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce this Guaranty Agreement;
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, if Dryject is required to enforce the Guaranty Agreement in any judicial or arbitration proceeding, or on any appeals, the guarantor must reimburse Dryject for its enforcement costs. These enforcement costs include reasonable fees for accountants, attorneys, attorneys' assistants, arbitrators, and expert witnesses.
Furthermore, the guarantor is responsible for the costs of investigation and proof of facts, court costs, filing fees, other litigation expenses, and travel and living expenses. These costs are reimbursable whether they are incurred prior to, in preparation for, or in contemplation of filing any written demand, claim, action, hearing, or proceeding to enforce the Guaranty Agreement.
This means that if a Dryject franchisee defaults on their obligations and Dryject pursues legal action against the guarantor, the guarantor could be responsible for covering a wide range of Dryject's legal and related expenses. It is important for potential guarantors to fully understand the scope of this financial responsibility and to seek independent legal advice before signing the Guaranty Agreement, as acknowledged in the agreement itself.