How can the Baymont Inn Suites agreement be amended or modified?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
ment for the State of Minnesota.
IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date set forth above.
US: BAYMONT FRANCHISE SYSTEMS, INC. YOU:
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE NEW YORK GENERAL BUSINESS LAW
| This Addendum to the Franchise Agreement by and between BAYMONT FRANCHISE SYSTEMS, INC. ("we," "our," or "us") and ("you") is dated, 20 |
|---|
| The following provisions supersede and control any conflicting provisions of the Franchise |
| Agreement: |
| 1. |
| Section 9.3 is amended by adding the following statement immediately after the first sentence |
| of such Section: |
| However, all rights you enjoy and any causes of action arising in your favor from |
| the provisions of Article 33 of the General Business Law of the State of New York |
| and the related regulations shall remain in force; it being the intent of this proviso |
| to satisfy the non-waiver provisions of GBL, Sections 687.4 and 687.5. |
| 2. |
| Section 10 is amended by adding the following statement immediately after the first sentence |
However, no assignment shall be made except to an assignee who, in our good faith
- You acknowledge that, pursuant to Section 1136 of the New York Tax Law, we are obligated to file an annual information return with the New York State Department of Taxation and Finance which identifies, among other things, the "gross sales" of your franchise as you reported such "gross sales" to us. You release any claim against us or our agents relating to our filing of an information return pursuant to Section 1136 of the New York Tax Law.
judgment, is willing and able to assume our obligations under this Agreement.
- No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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of such Section:
set forth above. US: BAYMONT FRANCHISE SYSTEMS, INC. YOU: IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE NORTH DAKOTA FRANCHISE INVESTMENT LAW
| This Addendum to the Franchise Agreement by and between BAYMONT FRANCHISE SYSTEMS, INC. ("we," "our," or "us") and ("you") is dated , 20 |
|---|
| The following provisions supersede and control any conflicting provisions of the Franchise |
| Agreement: |
| 1. |
| Liquidated damages are prohibited by law in the State of North Dakota. |
| 2. |
| The Franchise Agreement will be governed and construed under the laws of the State of North |
| Dakota. Any provision in the Franchise Agreement which designates jurisdiction or venue, or |
| requires you to agree to jurisdiction or venue, in a forum outside of North Dakota, is deleted from |
| any Franchise Agreement issued in the State of North Dakota. Any non-competition covenants |
| contained in the Franchise Agreement shall be subject to the North Dakota laws on franchising. |
| 3. |
| Any provisions in the Franchise Agreement (including but not limited to Section 17.6.4) which |
| require you to waive the right to a jury trial, or exemplary or punitive damages are deleted from |
| any Agreements issued in the State of North Dakota. |
| 4. |
| Section 5 of the Franchise Agreement is revised to provide that a general release shall not be |
| required as a condition to renewal. |
| 5. |
| No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in |
| connection with the commencement of the franchise relationship shall have the effect of (i) |
| waiving any claims under any applicable state franchise law, including fraud in the inducement, |
| or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other |
| person acting on behalf of the franchisor. This provision supersedes any other term of any |
| document executed in connection with the franchise. |
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forth above. US: BAYMONT FRANCHISE SYSTEMS, INC. YOU: IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date set
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE RHODE ISLAND FRANCHISE INVESTMENT ACT
This Addendum to the Franchise Agreement by and between BAYMONT FRANCHISE SYSTEMS, INC. ("we," "our," or "us") and ("you") is dated , 20 Notwithstanding anything to the contrary stated in Section 17.6.1 or elsewhere in the Franchise Agreement, the Franchise Agreement shall be governed by Rhode Island law with respect to any claim enforceable under the Rhode Island Franchise Investment Act.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to the 2025 Baymont Inn Suites Franchise Disclosure Document, the franchise agreement can be amended or modified through addenda, which are specific to certain states or situations. These addenda take precedence over any conflicting provisions in the standard franchise agreement.
For instance, franchisees in New York retain all rights and causes of action arising from Article 33 of the General Business Law of the State of New York, despite any conflicting provisions in the franchise agreement. Similarly, for franchisees in North Dakota, the addendum prohibits liquidated damages, ensures that the Franchise Agreement is governed by North Dakota law, removes any clauses requiring waiver of a jury trial or exemplary/punitive damages, and revises the section on renewal conditions.
In Illinois, the addendum specifies that Illinois law governs the Franchise Agreement and voids any provision designating jurisdiction and venue outside of Illinois, although arbitration may occur outside the state. Furthermore, franchisees cannot waive compliance with the Illinois Franchise Disclosure Act. These addenda ensure that the franchise agreement complies with specific state laws and protects the rights of franchisees within those states. Baymont Inn Suites also uses addenda to modify agreements related to technology and other services.