What are the obligations assumed by the guarantor in the Focalpoint Coaching 'GUARANTY AND ASSUMPTION OF OBLIGATIONS'?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the undersigned consents and agrees that: (1) his or her direct and immediate liability under this Guaranty will be joint and several, both with Franchisee and among other guarantors; (2) he or she will render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so; (3) this liability will not be contingent or conditioned upon our pursuit of any remedies against Franchisee or any other person; (4) this liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence which we may at any time and from time to time grant to Franchisee or to any other person, including, without limitation, the acceptance of any partial payment or performance or the compromise or release of any claims (including the release of other guarantors), none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during the term of the Agreement (including extensions), for so long as any performance is or might be owed under the Agreement by Franchisee or its owners, and for so long as we have any cause of action against Franchisee or its owners; and (5) this Guaranty will continue in full force and effect for (and as to) any extension or modification of the Agreement and despite the transfer of any interest in the Agreement or Franchisee, and each of the undersigned waives notice of any and all renewals, extensions, modifications, amendments, or transfers.
Each of the undersigned waives: (i) all rights to payments and claims for reimbursement or subrogation which any of the undersigned may have against Franchisee arising as a result of the undersigned's execution of and performance under this Guaranty; and (ii) acceptance and
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the guarantor assumes several obligations under the Guaranty and Assumption of Obligations. These obligations ensure that Focalpoint Coaching can seek payment or performance directly from the guarantor if the franchisee fails to meet their obligations. The guarantor's liability is joint and several with the franchisee and any other guarantors, meaning Focalpoint Coaching can pursue any guarantor for the full amount owed.
The guarantor is obligated to render any payment or performance required under the Franchise Agreement immediately upon demand if the franchisee fails to do so. This obligation is not contingent on Focalpoint Coaching first pursuing remedies against the franchisee or any other person. The guarantor's liability remains unaffected by any extensions of time, credit, or other indulgences that Focalpoint Coaching may grant to the franchisee, including accepting partial payments or releasing claims. The guaranty remains continuing and irrevocable during the term of the Franchise Agreement, including any extensions, and as long as any performance is owed or any cause of action exists against the franchisee.
The guarantor also waives certain rights, including any rights to payments and claims for reimbursement or subrogation against the franchisee arising from their performance under the Guaranty. Additionally, the guarantor waives notice of acceptance of their undertakings, notice of demand for payment, protest, notice of default, and any other notices to which they may be entitled. This comprehensive waiver ensures that Focalpoint Coaching can enforce the guaranty without providing the guarantor with additional notices or opportunities to contest the obligations.