factual

What representation does the Developer make regarding the holders of legal or beneficial interest in the Developer, upon which Monicals Pizza relies when entering into the Development Agreement?

Monicals_Pizza Franchise · 2025 FDD

Answer from 2025 FDD Document

Simultaneously with the execution of this Development Agreement, all holders of a legal or beneficial interest in Developer of five percent (5%) or greater shall be required to execute and deliver to Franchisor the Unlimited Guaranty and Assumption of Obligations attached as Exhibit B, through which such holders agree to assume and discharge all of Developer's obligations under this Development Agreement and to be personally liable hereunder for all of the same.

Source: Item 23 — RECEIPTS (FDD pages 46–257)

What This Means (2025 FDD)

According to the 2025 Monicals Pizza Franchise Disclosure Document, all individuals or entities holding a legal or beneficial interest of five percent (5%) or greater in the Developer are required to execute and deliver an Unlimited Guaranty and Assumption of Obligations to Monicals Pizza. This agreement, attached as Exhibit B to the Development Agreement, stipulates that these holders assume and discharge all of the Developer's obligations under the Development Agreement and are personally liable for them.

This requirement ensures that Monicals Pizza has recourse to the personal assets of the individuals or entities with a significant stake in the development company, providing an additional layer of security for Monicals Pizza. By having these individuals or entities guarantee the Developer's obligations, Monicals Pizza reduces its risk in case the Developer fails to meet its commitments under the Development Agreement.

Prospective Monicals Pizza developers should be aware that any investor or entity holding 5% or more of their company will be required to sign this guarantee, making them personally liable for the development obligations. This could impact the developer's ability to attract investors or structure their ownership. The developer should carefully review Exhibit B and understand the full scope of the obligations they and their stakeholders will be assuming.

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.