What exhibit in the Spray Net Franchise Agreement covers 'Personal Guaranty'?
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.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, Exhibit B to the franchise agreement outlines the Personal Guaranty. This exhibit is crucial because it stipulates that if the franchisee is a corporation, limited liability company, or another business entity, each individual or entity with an ownership interest in the franchisee, along with their respective spouses, must execute the Personal Guaranty form. If the franchisee is an individual and their spouse has not directly signed the Franchise Agreement, the spouse must also execute this form.
The Personal Guaranty essentially means that these individuals are personally guaranteeing the obligations of the franchise. This is a common practice in franchising, as it provides the franchisor with additional security, ensuring that there are individuals who are personally liable for the franchise's performance and adherence to the franchise agreement. This personal guarantee can have significant financial implications for the individuals involved, as their personal assets could be at risk if the franchise fails to meet its obligations.
Prospective Spray Net franchisees should carefully review Exhibit B and understand the full extent of their personal obligations before signing the Franchise Agreement. They should also seek legal counsel to fully understand the implications of providing a personal guarantee, as it can have long-term financial consequences. Understanding this exhibit is a critical step in assessing the risks and benefits of investing in a Spray Net franchise.