As a person with an interest in a Mr. Sandless franchise, what does the guarantor agree to do?
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, a guarantor agrees to specific obligations to the Franchisor. As someone with an interest in a Mr. Sandless franchise, the guarantor personally and unconditionally guarantees the franchisee's obligations to Mr. Sandless. This means the guarantor is subject to and bound by all terms, conditions, restrictions, and prohibitions in the Franchise Agreement. These include confidentiality, covenants, and indemnification provisions outlined in Sections 12, 18, and 19.4 of the agreement.
Furthermore, the guarantor acts as surety for the full performance of all financial obligations, commitments, and payments required of the franchisee. Mr. Sandless does not have to pursue remedies against the franchisee or other guarantors before pursuing the guarantor. Mr. Sandless can proceed directly against the guarantor, with or without including the franchisee or other guarantors in any legal proceedings.
The guarantor is jointly and severally liable for the franchisee's obligations, commitments, and payments. This arrangement ensures that Mr. Sandless has recourse to the guarantor's assets should the franchisee fail to meet their obligations. This is a common practice in franchising to provide the franchisor with additional security and assurance that the franchisee will fulfill their contractual and financial responsibilities.