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In the context of the agreement, what does "Facility" refer to regarding a Baymont Inn Suites franchise?

Baymont_Inn_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

The Franchise Agreement. Franchisee and Franchisor entered into that certain franchise, license or membership agreement, dated, 20 (the "Franchise Agreement"), related to a guest lodging facility located at, designated as Unit # (the "Facility"). The Franchise Agreement and certain ancillary agreements related to the Franchise Agreement collectively are referred to as the "Primary Agreements." Pursuant to the Primary Agreements, Franchisee operates the Facility as a ® franchised location. Capitalized terms used and not defined in this Agreement shall have the meanings given to them in the Franchise Agreement.

Source: Item 22 — CONTRACTS (FDD pages 96–97)

What This Means (2025 FDD)

According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the term "Facility" refers to the guest lodging location operated by the franchisee under the franchise agreement. Specifically, it is the physical location designated as a Baymont Inn Suites unit. This definition is crucial in understanding the scope and limitations of the franchise agreement, particularly in relation to transfers, financing, and compliance with brand standards.

The agreement outlines various scenarios where the "Facility" is central to the terms, such as in cases of transfer, where assigning or transferring interest in the facility can trigger specific clauses within the agreement. Similarly, when securing financing, the "Facility" can be used as collateral, subject to certain conditions and the franchisor's consent. This highlights the importance of the physical location to the franchise operation and the franchisor's interest in maintaining control over its use and disposition.

Furthermore, the definition of "Facility" is relevant in the context of potential issues such as condemnation or casualty. If the facility is taken for public use or suffers significant damage, it can impact the franchisee's ability to operate and may trigger specific provisions in the franchise agreement. Therefore, prospective Baymont Inn Suites franchisees should pay close attention to how the term "Facility" is used throughout the agreement, as it defines the physical space where the franchise operates and is subject to various contractual obligations and potential risks.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.