In the Baymont Inn Suites agreement, what does 'you' refer to in the provisions that apply equally to the Franchise Agreement?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.2.2. Except as expressly stated otherwise in this Agreement, the provisions of the Franchise Agreement governing the following terms shall apply equally to this Agreement: waiver of jury trial; partial invalidity; waivers, modifications, and approvals; choice of law; venue; dispute resolution; and force majeure. For purposes of this Agreement, references to "you" in such provisions shall include Lender.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, in the context of provisions that apply equally to the Franchise Agreement, the term 'you' refers to the Lender. Specifically, this definition applies to provisions regarding waiver of jury trial; partial invalidity; waivers, modifications, and approvals; choice of law; venue; dispute resolution; and force majeure. This clarification ensures that these key legal and procedural aspects of the agreement are equally binding and applicable to both the franchisee and any lender involved in the franchise operation.
This definition is important because it extends the legal obligations and protections outlined in those specific sections of the Franchise Agreement to the lender, not just the franchisee. For example, if there's a dispute, the lender is also subject to the same dispute resolution process as the franchisee. Similarly, the choice of law and venue provisions would apply equally to the lender, ensuring consistency in legal proceedings.
For a prospective Baymont Inn Suites franchisee, this means that any financing obtained for the franchise will also be governed by these specific terms of the Franchise Agreement. It's crucial for franchisees to ensure that their lenders are aware of and understand these provisions, as they will be legally bound by them. This also provides a level of assurance to Baymont Inn Suites that the lender is subject to the same legal framework as the franchisee, promoting consistency and potentially simplifying dispute resolution processes.