factual

What does the guarantor of a Floyds 99 franchise agree to be personally bound by?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the "Agreement") by Floyd's 99 Franchising, LLC (the "Franchisor"), each of the undersigned hereby personally and unconditionally:

Guarantees to the Franchisor and its affiliates and their respective successors and assigns, for the term of the Agreement and thereafter as provided in the Agreement, that the Franchisee as that term is defined in the Agreement (the "Franchisee") shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and

Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement.

Each of the undersigned waives the following:

    1. Acceptance and notice of acceptance by the Franchisor and its affiliates of the foregoing undertakings;
    1. Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed;
    1. Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed;
    1. Any right he or she may have to require that any action be brought against the Franchisee or any other person as a condition of liability; and
    1. Any and all other notices and legal or equitable defenses to which he or she may be entitled.

Source: Item 22 — CONTRACTS (FDD pages 57–58)

What This Means (2025 FDD)

According to the 2025 Floyds 99 Franchise Disclosure Document, a guarantor of a franchisee's obligations agrees to be personally bound by each and every provision in the Franchise Agreement. This means the guarantor is on the hook if the franchisee fails to meet any of their obligations outlined in the agreement.

Specifically, the guarantor ensures that the franchisee will punctually pay and perform each undertaking, agreement, and covenant set forth in the agreement for the term of the agreement and thereafter as provided in the agreement. This obligation extends to Floyds 99's affiliates, successors, and assigns.

Furthermore, the guarantor waives several rights, including the right to receive acceptance and notice of acceptance by Floyds 99 and its affiliates, notice of demand for payment, protest and notice of default, and any requirement that action be brought against the franchisee first. They also waive any other legal or equitable defenses they may be entitled to. This signifies a comprehensive and unconditional commitment from the guarantor to ensure the franchisee's compliance with the Franchise Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.