How are the terms 'we,' 'us,' and 'our' defined in the Potbelly Sandwich Works franchise agreement?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
| of , 20, by |
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| 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 |
Source: Item 22 — CONTRACTS (FDD page 79)
What This Means (2025 FDD)
According to Potbelly Sandwich Works's 2025 Franchise Disclosure Document, the terms "us," "we," and "our" are defined within the context of the guarantee agreement. Specifically, these terms refer to POTBELLY FRANCHISING, LLC, the franchisor. This definition is crucial for understanding the obligations and rights of each party involved in the franchise agreement, especially concerning the personal guarantee provided by the franchisee's owners.
This definition clarifies to whom the franchisee's owners are providing their personal guarantee. The owners are guaranteeing to Potbelly Franchising, LLC that the franchisee will fulfill all obligations under the franchise agreement. This includes monetary obligations and adherence to specific actions and activities outlined in the agreement.
For a prospective Potbelly Sandwich Works franchisee, this means that the personal guarantee extends to the franchisor, POTBELLY FRANCHISING, LLC, ensuring that the franchisor has recourse directly against the franchisee's owners should the franchisee fail to meet its obligations. This is a standard practice in franchising, as it provides the franchisor with an additional layer of security and commitment from the franchisee.