Who is the 'Guarantor' in the context of the Mr. Sandless Guaranty 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 Guarantor in the Guaranty Agreement is defined as a person with an interest in a Mr. Sandless franchise who agrees to personally and unconditionally guarantee the obligations of the Franchisee to the Franchisor. This individual is bound by all the terms, conditions, restrictions, and prohibitions outlined in the Franchise Agreement. This includes, but is not limited to, confidentiality provisions, covenants, and indemnification provisions detailed in specific sections of the agreement.
The Guarantor acts as surety for the full and faithful performance of all financial obligations, commitments, and payments required of the Franchisee. Mr. Sandless does not have to pursue remedies against the Franchisee or any other guarantor before proceeding directly against the undersigned Guarantor. The Guarantor is jointly and severally liable for the financial responsibilities of the Franchisee.
This requirement ensures that Mr. Sandless has recourse to an individual who is willing to be held personally responsible for the franchisee's performance. This is a common practice in franchising, especially when the franchisee is a corporate entity, to ensure that there is a direct line of accountability. The Guaranty Agreement is included as Attachment 3 to the Mr. Sandless Franchise Agreement.