In the Fat Shack guarantor certificate, what is the required statement from the guarantor?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT B TO DEVELOPMENT AGREEMENT
GUARANTY AND ASSUMPTION OF FRANCHISEE'S OBLIGATIONS
- A. In consideration of, and as an inducement to, the execution of the above Development Agreement ("Development Agreement") by FAT SHACK INC. ("FSI"), each of the undersigned hereby personally and unconditionally:
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- Guarantees to FSI and its successors and assigns, for the term of the Development Agreement, including renewals thereof, that franchisee named on the signature page ("Franchisee") shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Development Agreement; and
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- Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Development Agreement.
- B. Each of the undersigned waives the following:
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- Acceptance and notice of acceptance by FSI of the foregoing undertaking;
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- Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed;
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- Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed;
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- Any right he or she may have to require that any action be brought against Franchisee or any other person as a condition of liability; and
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- Notice of any amendment, modification, deletion or addition of any term or condition of or to any of the obligations hereby guaranteed.
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- Notice of any termination as to future liability of any other guarantor.
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- Any and all other notices and legal or equitable defenses to which he or she may be entitled.
- C. Each of the undersigned consents and agrees that:
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- His or her direct and immediate liability under this guaranty will be joint and several;
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- He or she will render any payment or performance required under the Development Agreement upon demand if Franchisee fails or refuses punctually to do so;
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- His or her liability hereunder will not be contingent or conditioned upon pursuit by FSI of any remedies against Franchisee or any other person; and
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- His or her liability hereunder will not be diminished, relieved or otherwise affected by any amendment, assignment or modification of the Development Agreement or any extension of time,
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, the guarantor must personally and unconditionally guarantee to Fat Shack Inc. and its successors and assigns, for the term of the Development Agreement, including renewals, that the franchisee will punctually pay and perform each undertaking, agreement, and covenant in the Development Agreement. Additionally, the guarantor agrees to be personally bound by, and personally liable for the breach of, each provision in the Development Agreement. This obligation is outlined in the Guaranty and Assumption of Franchisee's Obligations, attached as Exhibit B to the Development Agreement.
Furthermore, the guarantor waives several rights, including acceptance and notice of acceptance by Fat Shack, notice of demand for payment or nonperformance, protest and notice of default, any right to require action against the franchisee, notice of amendments or terminations, and any other legal or equitable defenses. The guarantor also consents and agrees to be jointly and severally liable, to render payment or performance upon demand if the franchisee fails to do so, and that their liability will not depend on Fat Shack pursuing remedies against the franchisee.
This requirement ensures that Fat Shack has recourse to the personal assets of the guarantor should the franchisee, often a business entity, fail to meet its financial and operational obligations. This is a common practice in franchising, particularly when the franchisee is a newly formed entity with limited operating history or assets. Prospective Fat Shack franchisees should carefully review Exhibit B and understand the full extent of the personal guarantee before signing the Development Agreement, as it represents a significant personal financial commitment.