What documents are considered binding under the Americas Best Value Inn Franchise Agreement?
Americas_Best_Value_Inn Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN | SUMMARY | |
|---|---|---|---|
| FRANCHISE AGREEMENT | |||
| o. | Franchisor's option to purchase franchisee's business | None | Not Applicable |
| p. | Death or disability of franchisee | Section 12.(b) | Any transfers occurring upon your death will be considered a "transfer" of your Franchise Agreement and will be subject to the conditions to transfer in section m. |
| q. | Non-competition covenants during the term of the franchise | None | Not Applicable |
| r. | Non-competition covenants after the franchise is terminated or expires | None | Not Applicable |
| s. | Modification of the agreement | Section 11.(c) and 16.(c) | No modifications unless signed by the party against whom enforcement is sought, but we may unilaterally modify our Brand Standards and you will be bound by such modifications. |
| t. | Integration/merger clause | Section 16.(m) | Only the terms of the Franchise Agreement (together with its schedules and exhibits) are binding (subject to state law). |
Source: Item 17 — **RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 59–63)
What This Means (2025 FDD)
According to the 2025 Americas Best Value Inn Franchise Disclosure Document, the only documents considered binding are the terms within the Franchise Agreement itself, along with its schedules and exhibits. This is subject to applicable state law.
This means that any promises, assurances, or representations made outside of the formal Franchise Agreement and the FDD may not be legally enforceable. This is a standard integration or merger clause common in franchise agreements, designed to prevent franchisees from relying on verbal promises or marketing materials that are not explicitly included in the written contract.
For a prospective Americas Best Value Inn franchisee, this highlights the importance of carefully reviewing the entire Franchise Agreement and its attachments. It also underscores the need to ensure that any critical terms or conditions discussed during the negotiation process are incorporated into the final written agreement. Relying on verbal assurances without written confirmation carries significant risk, as these promises may not be legally binding.