What certification regarding ADA compliance is required for a Baymont Inn Suites facility, and who must provide it?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
1.3 ADA Certification. Your architect must certify to us and to you that the Facility's plans and specifications comply with the design requirements of the Americans with Disabilities Act ("ADA"), the Department of Justice Standards for Accessible Design ("ADA Standards") under the ADA, and all codes that apply using the ADA Certification Form for New Construction (Pre-Construction) in Exhibit A. Before we authorize you to open the Facility, you must complete and submit the ADA Certification Form for New Construction (Post-Construction) attached as Exhibit B (Exhibits A and B, collectively, the "Certification"). You must complete the Certification per their instructions and submit to us only after they have been signed by your general contractor, your architect of record or a consulting architect you hire for the Certification. If you cannot obtain the signature of the contractor or such an architect for the Certification, you must sign the Franchisee's Certification of Compliance on the signature page of the Certification. If we determine that the Certification has not been properly completed, or if we have actual knowledge (not constructive or implied knowledge) that the signatures on the Certification are false or fraudulent, we will return the Certification to you with written notice that we will not permit you to open the Facility for business under the System until we receive a properly completed Certification. We may terminate this Agreement under Section 11 if you do not submit the Certification properly completed before you open the Facility under the System, you fail to meet the deadline for completing the Facility specified in this Schedule because you do not submit a properly completed Certification, or if you submit a false or fraudulent Certification. We will delay the Opening Date until you submit the properly completed Certification. We shall not be liable to you or any third party if the Certification is improperly completed or the Facility is not built or operated in compliance with ADA.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, a franchisee's architect must certify that the facility's plans and specifications comply with the design requirements of the Americans with Disabilities Act (ADA) and the Department of Justice Standards for Accessible Design under the ADA. This certification is done using the ADA Certification Form for New Construction (Pre-Construction) in Exhibit A.
Before Baymont Inn Suites authorizes the franchisee to open the facility, the franchisee must complete and submit the ADA Certification Form for New Construction (Post-Construction) attached as Exhibit B. These certifications must be completed per the instructions on the forms and submitted to Baymont Inn Suites only after being signed by the franchisee's general contractor, architect of record, or a consulting architect hired for the certification.
If the franchisee cannot obtain the signature of the contractor or an architect, the franchisee must sign the Franchisee's Certification of Compliance on the signature page of the Certification. Baymont Inn Suites may refuse to allow the franchisee to open the facility if the certification is not properly completed or if they have actual knowledge that the signatures are false or fraudulent. The opening date may be delayed until a properly completed certification is submitted. Failure to submit the certification properly completed before opening the facility, failure to meet the deadline for completing the facility due to not submitting a properly completed certification, or submitting a false or fraudulent certification may result in termination of the Franchise Agreement.
Baymont Inn Suites states that they will not be liable to the franchisee or any third party if the Certification is improperly completed or the Facility is not built or operated in compliance with ADA.