What agreement must Spray Net franchisees ensure their management personnel execute?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT B TO THE FRANCHISE AGREEMENT
PERSONAL GUARANTY
NOTE: IF FRANCHISEE IS A CORPORATION, LIMITED LIABILITY COMPANY OR OTHER BUSINESS ENTITY, THEN EACH INDIVIDUAL/ENTITY WITH AN OWNERSHIP INTEREST IN FRANCHISEE (PRINCIPALS/MEMBERS/SHAREHOLDERS/MANAGERS/ PARTNERS/ETC.) AND THEIR RESPECTIVE SPOUSES MUST EXECUTE THIS FORM OF PERSONAL GUARANTY. IF FRANCHISEE IS AN INDIVIDUAL AND FRANCHISEE'S SPOUSE HAS NOT SIGNED THE FRANCHISE AGREEMENT DIRECTLY, THEN FRANCHISEE'S SPOUSE MUST EXECUTE THIS FORM OF PERSONAL GUARANTY.
ARTICLE I PERSONAL GUARANTY
The undersigned persons (individually and collectively "you") hereby represent to SPRAY-NET INC. (the "Franchisor") that you are all the owners/principals/members/shareholders/managers/partners, as applicable, of the business entity named (the "Franchisee"), as well as their respective spouses, as of the date this Personal Guaranty (the "Personal Guaranty" or "Guaranty") is executed.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, if the franchisee is a corporation, limited liability company, or other business entity, each individual or entity with an ownership interest in the franchisee, including principals, members, shareholders, managers, and partners, along with their respective spouses, must execute a Personal Guaranty. If the franchisee is an individual and their spouse has not signed the Franchise Agreement directly, then the franchisee's spouse must also execute the Personal Guaranty.
This Personal Guaranty is a legal representation to Spray Net Inc. that the signatories are all the owners, principals, members, shareholders, managers, or partners of the franchisee business entity as of the date the Personal Guaranty is executed. This ensures that individuals with a vested interest in the franchisee's business are personally responsible for upholding the franchise agreement.
For a prospective Spray Net franchisee, this means that if you operate your franchise through a business entity like a corporation or LLC, you and all other owners or managers, as well as your spouses, will need to sign a personal guarantee. This is a common practice in franchising, as it provides the franchisor with additional security and recourse in case of default or breach of contract by the franchisee. It's important to carefully review the terms of the Personal Guaranty with legal counsel to understand the full extent of your obligations and potential liabilities.