After a transfer of ownership in a Spray Net franchise, who is required to personally guarantee the Franchisee's obligations?
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, as well as their respective spouses, must execute a personal guaranty. This includes principals, members, shareholders, managers, and partners. If the franchisee is an individual and their spouse has not signed the franchise agreement directly, then the franchisee's spouse must execute a personal guaranty.
This requirement ensures that Spray Net has recourse to the personal assets of the franchisee's owners and their spouses in the event of a default or breach of the franchise agreement. The personal guaranty makes these individuals personally liable for the franchisee's obligations to Spray Net. This is a common practice in franchising, as it provides the franchisor with additional security and encourages the franchisee to operate the business responsibly.
For a prospective Spray Net franchisee, this means that if you own the franchise through a business entity, you and your business partners, along with your respective spouses, will likely need to sign a personal guaranty. This is a significant commitment, as it puts your personal assets at risk. It is important to carefully consider the implications of a personal guaranty before investing in a Spray Net franchise. Franchisees should consult with legal and financial advisors to fully understand the risks and obligations associated with the personal guaranty.