How can the Americas Best Value Inn franchise agreement be amended?
Americas_Best_Value_Inn Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Miscellaneous Provisions. This Agreement may not be modified or amended or any term hereof waived or discharged except in writing signed by the party against whom such amendment, modification, waiver or discharge is sought to be enforced. The headings of this Agreement are for convenience and reference only and will not limit or otherwise affect the meaning hereof. This Agreement may be executed in any number of counterparts and sent via email, each of which will be deemed an original but all of which taken together will constitute one and the same instrument.
Source: Item 23 — RECEIPTS (FDD pages 71–223)
What This Means (2025 FDD)
According to the 2025 Americas Best Value Inn Franchise Disclosure Document, the franchise agreement may not be modified or amended unless it is in writing and signed by the party against whom the amendment, modification, waiver, or discharge is sought to be enforced. This requirement ensures that any changes to the original agreement are formally documented and agreed upon by both parties, preventing potential disputes based on verbal agreements or informal understandings.
This provision is standard in franchise agreements to provide clarity and legal certainty. It protects both the franchisee and Americas Best Value Inn by requiring a written record of any changes. This reduces the risk of misunderstandings or disagreements about the terms of the franchise relationship over time.
For a prospective Americas Best Value Inn franchisee, this means that any desired changes to the franchise agreement must be negotiated and documented in writing. It is crucial to ensure that any amendments are properly executed to be legally binding. Franchisees should be aware that verbal agreements or implied understandings will not be enforceable, so all modifications must be formalized in writing and signed by both the franchisee and Americas Best Value Inn.