Is the guarantee for Pump It Up binding on the Guarantor's assigns?

According to Pump It Up's 2025 Franchise Disclosure Document, the guarantee of performance is binding on both the Guarantor and its successors and assigns. This means that the obligations of the Guarantor, FB HOLDINGS, LLC, to assume the duties and obligations of PUMP IT UP HOLDINGS, LLC, extend not only to FB HOLDINGS, LLC, but also to any entity that succeeds or is assigned the rights and responsibilities of FB HOLDINGS, LLC. This provision ensures that the guarantee remains in effect even if the Guarantor's business undergoes changes in ownership or structure.

Specifically, FB HOLDINGS, LLC, located in Phoenix, AZ, absolutely and unconditionally guarantees to assume the duties and obligations of PUMP IT UP HOLDINGS, LLC under its franchise registration and Franchise Agreement. This guarantee remains in effect until all obligations of the Franchisor are satisfied or the liability of the Franchisor to its franchisees has been completely discharged. The Guarantor is not released from liability if a franchisee's claim against the Franchisor remains outstanding, and the Guarantor waives notice of acceptance but does not waive receipt of notice of default on the part of the Franchisor.

For a prospective Pump It Up franchisee, this guarantee provides an additional layer of security. It ensures that there is a responsible party, beyond the Franchisor itself, that is committed to fulfilling the obligations outlined in the Franchise Agreement. This can be particularly important in situations where the Franchisor faces financial difficulties or other challenges that could impact its ability to meet its obligations. The binding nature of the guarantee on successors and assigns further strengthens this security, as it prevents the Guarantor from simply transferring its obligations to another entity to avoid responsibility.