Is a Mr. Sandless franchisee's spouse required to guarantee performance under the agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 1: THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES]
ITEM 1 THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES
To simplify the language in this franchise disclosure document, the term "Mr. Sandless", "we", "us" or "our" refers to Mr. Sandless Franchise LLC, the franchisor. The term "you" or "your" refers to the person who buys the franchise. If the franchisee is a corporation, partnership, limited liability company or other entity, the term "you" includes the principals of the corporation, partnership, limited liability company or other entity unless otherwise stated. If you are married and your spouse is not a partner in the franchise business, certain provisions of our Franchise Agreement will also apply to that spouse.
We are a Pennsylvania limited liability company which was formed on September 8, 2005. Our principal business address is 2970 Concord Rd, Aston, Pennsylvania, 19014. We do business under our operating name, "Mr. Sandless" and its associated design (the "Marks"). Our President, Daniel J. Prasalowicz, is the owner of the Marks and has licensed use of the Marks to us. We engage in business activities outside of our System involving the sale of floor care products online. We are currently the only approved supplier for the Franchise Starter Kit, invoices and after care packs and you must purchase these items from us. We began offering Mr. Sandless franchises in 2006.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 29–30)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, if you are married and your spouse is not a partner in the Mr. Sandless franchise business, certain provisions of the Franchise Agreement will also apply to that spouse. This indicates that while not explicitly stated as a requirement, a spouse may be subject to certain obligations under the agreement.
Additionally, the document includes a standard Guaranty Agreement where a guarantor agrees to personally and unconditionally guarantee the obligations of the franchisee to Mr. Sandless. This agreement makes the guarantor subject to all terms, conditions, restrictions, and prohibitions in the Franchise Agreement, including confidentiality, covenants, and indemnification provisions. The guarantor also acts as surety for all financial obligations of the franchisee and can be pursued directly by Mr. Sandless without first pursuing the franchisee.
Furthermore, if the franchisee is a corporation or limited liability company, all shareholders or members and managers must sign the Guaranty Agreement, agreeing to be bound by the terms and guaranteeing the franchisee's performance. This suggests that in the corporate or LLC context, guarantees are required from all involved parties, which could extend to a spouse if they are a shareholder, member, or manager. A prospective franchisee should clarify with Mr. Sandless under what specific circumstances a spousal guarantee is required.