factual

Can the Pearce Bespoke personal guaranty be diminished by any extension of time granted to the franchisee?

Pearce_Bespoke Franchise · 2025 FDD

Answer from 2025 FDD Document

such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which Franchisor may from time to time grant to Franchisee or any other person, including without limitation, the acceptance of any partial payment

or performance, or the compromise or release of any claims, none of which in any way modify or amend this Guaranty, which shall be continuing and irrevocable during and after the terms of the Franchise Documents, as the same may be amended or renewed, until Franchisee's duties and obligations to Franchisor are fully discharged and satisfied.

Source: Item 23 — RECEIPTS (FDD pages 39–172)

What This Means (2025 FDD)

According to Pearce Bespoke's 2025 Franchise Disclosure Document, the personal guaranty is not affected by any extensions of time granted to the franchisee. The guarantor's liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence that Pearce Bespoke may grant to the franchisee. This includes accepting partial payments or performance, or compromising or releasing claims.

This provision ensures that the guarantor remains fully liable for the franchisee's obligations, even if Pearce Bespoke provides the franchisee with some flexibility or leniency in meeting their obligations. The guaranty remains continuing and irrevocable during and after the terms of the Franchise Documents, as they may be amended or renewed, until the franchisee's duties and obligations to Pearce Bespoke are fully discharged and satisfied.

This type of clause is common in franchise agreements to protect the franchisor's interests. It prevents a guarantor from claiming that their obligations are reduced or eliminated because the franchisor showed some flexibility to the franchisee. Prospective Pearce Bespoke franchisees should understand that the personal guaranty is a significant commitment that remains in effect despite any modifications or indulgences granted to the franchisee.

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.