Is a Personal Guaranty required for the Pearce Bespoke Franchise Agreement, and if so, where is it located?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
ATTACHMENT B - PERSONAL GUARANTY OF OWNER/SHAREHOLDER
This Personal Guaranty and Assumption of Obligations (this "Guaranty") is given by the undersigned individuals identified as the owners of Franchisee in Attachment A.
In consideration of, and as an inducement to, the execution of that certain franchise agreement of even date herewith ("Franchise Agreement") by the parties listed as Franchisor and Franchisee in the Franchise Agreement, the undersigned hereby personally and unconditionally, jointly and severally: guaranties to Franchisor and its successors and assigns, for the Term of the Franchise Agreement and, including any renewal thereof, as provided in the Franchise Agreement, that Franchisee shall punctually pay and perform each and every undertaking, agreement and covenant stated in the Agreement and any documents, agreements, and instruments signed with or in connection with the Franchise Agreement (collectively, the "Franchise Documents"); and (2) agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Franchise Documents applicable to the owners of Franchisee.
The undersigned waives:
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- acceptance and notice of acceptance by Franchisor of the foregoing undertakings.
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- notice of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed.
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- protest and notice of default to any party with respect to the indebtedness of non-performance of any obligations hereby guaranteed.
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- any right the undersigned may have to require that an action be brought against Franchisee or any other person as a condition of liability; and
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- any and all other notices and legal or equitable defenses to which the undersigned may be entitled.
The undersigned consents and agrees that:
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, a Personal Guaranty is required as part of the Franchise Agreement. Attachment B of the Franchise Agreement is the Personal Guaranty of Owner/Shareholder.
The Personal Guaranty stipulates that the owners of the Franchisee, as identified in Attachment A, must personally and unconditionally guarantee the Franchisee's obligations under the Franchise Agreement. This includes ensuring that the Franchisee punctually pays and performs every undertaking, agreement, and covenant outlined in the Franchise Agreement and any related documents. The guaranty extends for the entire term of the Franchise Agreement, including any renewals.
By signing the Personal Guaranty, the owners waive several rights, including the right to require that an action be brought against the Franchisee before pursuing the guarantors. They also consent to be personally bound by and liable for any breaches of the Franchise Documents applicable to the owners of the Franchisee. This means that the personal assets of the guarantors are at risk if the Pearce Bespoke franchise fails to meet its financial or operational obligations under the Franchise Agreement.