Who is considered the 'Franchisee' in the Potbelly Sandwich Works Guaranty and Assumption of Obligations?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
| of , 20, by |
|---|
| In consideration of, and as an inducement to, the execution of that certain Franchise |
| Agreement (the "Agreement") on this date by POTBELLY FRANCHISING, LLC ("us," "we," |
| or "our"), each of the undersigned personally and unconditionally (a) guarantees to us and our |
| successors and assigns, for the term of the Agreement (including extensions) and afterward as |
| provided in the Agreement, that |
| ("Franchisee") |
| will |
| punctually pay and perform each and every undertaking, agreement, and covenant set forth in the |
| Agreement (including any amendments or modifications of the Agreement) and (b) agrees to be |
| personally bound by, and personally liable for the breach of, each and every provision in the |
| Agreement (including any amendments or modifications of the Agreement), including |
| (i) monetary obligations, (ii) obligations to take or refrain from taking specific actions and to |
| engage or refrain from engaging in specific activities, including, but not limited to, the non |
Source: Item 22 — CONTRACTS (FDD page 79)
What This Means (2025 FDD)
According to Potbelly Sandwich Works' 2025 Franchise Disclosure Document, the 'Franchisee' in the Guaranty and Assumption of Obligations is the entity that will punctually pay and perform each and every undertaking, agreement, and covenant set forth in the Franchise Agreement. This includes any amendments or modifications to the agreement.
The Guaranty and Assumption of Obligations agreement ensures that the franchisee will meet all obligations outlined in the Franchise Agreement. This agreement is made in consideration of, and as an inducement to, the execution of the Franchise Agreement by Potbelly Franchising, LLC.
Furthermore, the franchisee agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. This includes monetary obligations and obligations to take or refrain from taking specific actions and to engage or refrain from engaging in specific activities, including, but not limited to, the non-competition obligations outlined in the agreement.