What is the document referenced as the 'Franchise Agreement' in the Mr. Sandless guarantor agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
| WHEREAS, a Franchise Agreement dated | ("Franchise Agreement"), has |
|---|---|
| been entered into between Mr. Sandless Franchise LLC ("Franchisor") and | |
| (referred to as "Franchisee") for the operation by Franchisee of a Mr. Sandless pursuant to such | |
| Franchise Agreement; and | |
| WHEREAS, the undersigned guarantor desires to guarantee the obligations of Franchisee to | |
| Franchisor; | |
| NOW, THEREFORE, the parties hereto, intending to be legally bound, do hereby agree as follows: | |
| The undersigned, as a person with an interest in a Mr. Sandless franchise, agrees to personally and | |
| unconditionally guarantee the obligations of Franchisee to Franchisor and shall personally be subject to and | |
| bound by all terms, conditions, restrictions and prohibitions contained in the Franchise Agreement | |
| including, without limitation, the confidentiality provisions, covenants, and indemnification provisions | |
| contained in Sections 12, 18 and 19.4, respectively. Further, the undersigned agrees to personally act as | |
| surety for the full and faithful performance of all of the financial obligations, commitments and payments | |
| required of the Franchisee in such Franchise Agreement. The undersigned agrees that Franchisor does not | |
| have to pursue any remedies it may have against the Franchisee or any other individual guarantor; but, | |
| rather, it may proceed directly and primarily against the undersigned with or without joining the Franchisee | |
| or other guarantors as principals or as named parties in any such proceeding. The undersigned is jointly | |
| and severally liable for such obligations, commitments and payments required of the Franchisee. | |
| Guarantor | |
| Address: |
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the Guaranty Agreement references a 'Franchise Agreement' that has been entered into between Mr. Sandless Franchise LLC, as the Franchisor, and the Franchisee. This agreement allows the Franchisee to operate a Mr. Sandless business. The guarantor agrees to guarantee the obligations of the Franchisee to the Franchisor.
The guarantor, by signing the Guaranty Agreement, agrees to be personally bound by all the terms, conditions, restrictions, and prohibitions contained within the Franchise Agreement. This includes, but is not limited to, the confidentiality provisions, covenants, and indemnification provisions outlined in Sections 12, 18, and 19.4 of the Franchise Agreement. The guarantor also acts as surety for the full performance of all financial obligations required of the Franchisee under the Franchise Agreement.
Mr. Sandless does not have to pursue any remedies it may have against the Franchisee before pursuing action against the guarantor. The Franchisor can proceed directly against the guarantor without including the Franchisee in any legal proceedings. The guarantor is jointly and severally liable for all obligations, commitments, and payments required of the Franchisee, meaning they share full responsibility with the Franchisee.