What are the exceptions to Baymont Inn Suites' responsibility to make the SaaS Solution available?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 Our Responsibilities. We shall: (a) use commercially reasonable efforts to make the SaaS Solution available twenty-four (24) hours a day, seven (7) days a week, except for: (i) planned downtime, or (ii) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of nature, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labor strikes, Internet service provider failures or delays, or denial of service attacks; and (b) provide the SaaS Solution only in accordance with applicable laws and government regulationsthat govern the implementation of the SaaS Solution.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites' 2025 Franchise Disclosure Document, Baymont Inn Suites is not responsible for making the SaaS solution available at all times. Baymont Inn Suites will use commercially reasonable efforts to make the SaaS Solution available 24 hours a day, seven days a week, but with some exceptions.
Specifically, Baymont Inn Suites is not responsible for downtime due to planned maintenance. Additionally, Baymont Inn Suites is not liable for any unavailability caused by circumstances beyond their reasonable control. These circumstances include, but are not limited to, acts of nature such as floods, fires, earthquakes, and acts of government. Other circumstances include civil unrest, acts of terror, labor strikes, internet service provider failures or delays, or denial of service attacks.
As a prospective franchisee, it's important to understand these limitations. While Baymont Inn Suites commits to reasonable efforts to maintain the SaaS solution, external factors can disrupt service. Franchisees should have contingency plans for managing operations during potential downtimes caused by these events. This could include alternative systems or manual processes to ensure business continuity.