Can the Baymont Inn Suites agreement be executed in counterparts?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
This Guaranty may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the Guaranty agreement associated with the franchise agreement can be executed in counterparts. This means that the Guaranty can be signed in multiple identical copies, which together constitute a single, binding agreement.
For a prospective Baymont Inn Suites franchisee, this offers flexibility in the execution process. Each party involved, such as the franchisor, franchisee, and any guarantors, can sign separate copies of the Guaranty at different times and locations. All signed copies are then assembled to form the complete agreement.
This is a fairly standard practice in franchising and business law, as it simplifies the logistics of obtaining signatures from multiple parties who may be geographically dispersed. The FDD does not specify whether the franchise agreement itself can be executed in counterparts, only the Guaranty.