What specific aspects of the Fat Shack Franchise Agreement are the guarantors personally bound by?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. In consideration of, and as an inducement to, the execution of the above Franchise Agreement ("Franchise 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 Franchise 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 Franchise 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 Franchise Agreement, including but not limited to, the terms of the articles and sections pertaining to non-competition during and after the term, confidentiality and the Marks and copyrighted works of FSI.
- 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 Franchise 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
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to the 2025 Fat Shack Franchise Disclosure Document, guarantors are personally bound by specific aspects of the Franchise Agreement. As an inducement for Fat Shack Inc. to enter into the Franchise Agreement, the guarantor agrees to ensure the franchisee punctually pays and performs every obligation outlined in the agreement for its entire term, including renewals.
Specifically, the guarantor agrees to be personally bound by and liable for any breaches of the Franchise Agreement. This includes, but isn't limited to, terms related to non-competition during and after the franchise term, maintaining confidentiality, and protecting Fat Shack's trademarks and copyrighted materials. This means that if the franchisee fails to meet these obligations, the guarantor can be held personally responsible for the resulting damages or required actions.
The guarantor also waives several rights, including the right to receive notice of acceptance of the guaranty, demand for payment, or notice of default. They also waive the right to require Fat Shack to pursue action against the franchisee first. The guarantor consents to joint and several liability, meaning Fat Shack can seek full payment or performance from any guarantor without first pursuing the franchisee. This ensures that Fat Shack has a direct avenue for recourse should the franchisee fail to meet their obligations under the Franchise Agreement.