Does Learningrx require a personal guarantee from the stockholders of a proposed entity transferee?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) the individual proposed transferee, or the stockholders, partners, members, or trustees and beneficiaries of a proposed entity transferee, each execute a personal guarantee, jointly and severally guaranteeing the performance of the proposed transferee's obligations;
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, Learningrx requires either the individual proposed transferee or the stockholders, partners, members, or trustees and beneficiaries of a proposed entity transferee to execute a personal guarantee. This guarantee is to ensure the proposed transferee's obligations are met, and it must be executed jointly and severally.
This requirement means that if a franchisee wishes to transfer their Learningrx franchise to a corporation, partnership, or other entity, Learningrx will require a personal guarantee from the individuals behind that entity. This is a common practice in franchising, as it provides Learningrx with additional security that the obligations of the franchise agreement will be fulfilled, even if the entity transferee fails. The personal guarantee makes the individuals personally liable for the business's debts and obligations.
For a prospective Learningrx franchisee, this condition highlights the importance of carefully considering the structure of their business and the individuals involved if they plan to transfer the franchise in the future. They should be aware that Learningrx will likely require a personal guarantee from the individuals associated with the transferee entity, which could have significant financial implications for those individuals.