Who is the Baymont Inn Suites agreement binding upon?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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 MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE LAW
This Addendum to the Franchise Agreement by and between BAYMONT FRANCHISE SYSTEMS, INC. ("we," "our," or "us") and ("you") is dated, 20
GUARANTY
To induce Baymont Franchise Systems, Inc., its successors, assigns, and affiliates ("Company") to consent to the assignment and assumption of the Primary Agreements (as defined in the Assignment and Assumption Agreement (the "Agreement") to which this Guaranty is attached), the undersigned, personally, jointly and severally ("we, "our" or "us") irrevocably and unconditionally (i) warrant to Company that Assignee's representations and warranties in the Agreement and in the Franchise Agreement are true and correct as stated; and (ii) guaranty that all of Franchisee's obligations under the Primary Agreements will be punctually paid and performed, from and after the time Assignee becomes the Franchisee under the Franchise Agreement. Capitalized terms not defined in this Guaranty have the meanings given to them in the Agreement.
Upon the death of an individual guarantor, the estate of the guarantor will be bound by this Guaranty for obligations of Franchisee to Company existing at the time of death, and the obligations of all other guarantors will continue in full force and effect.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the franchise agreement is binding upon Baymont Franchise Systems, Inc. and the franchisee. This is evidenced by the inclusion of signature pages in the addenda to the franchise agreement, which state, "IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date set forth above. US: BAYMONT FRANCHISE SYSTEMS, INC. YOU:" These signature pages appear in addenda for Maryland, Minnesota, Rhode Island, Washington, California, and North Dakota, indicating that both Baymont Franchise Systems, Inc. and the franchisee ('you') must sign the agreement.
Additionally, in the Guaranty agreement, if there is an assignment and assumption of the Primary Agreements, the guarantor(s) personally, jointly, and severally warrant to Baymont Franchise Systems, Inc. that the assignee's representations and warranties in the Agreement and in the Franchise Agreement are true and correct. They also guarantee that all of the franchisee's obligations under the Primary Agreements will be punctually paid and performed from the time the assignee becomes the franchisee. This indicates that in the event of a franchise transfer, the guarantor(s) also become bound to the agreement to ensure the franchisee's obligations are met.
Furthermore, upon the death of an individual guarantor, the estate of the guarantor will be bound by the Guaranty for obligations of the franchisee to the company existing at the time of death, and the obligations of all other guarantors will continue in full force and effect. This means that the obligations under the Guaranty extend beyond the lifetime of the guarantor, ensuring continued financial security for Baymont Inn Suites.