What must a Baymont Inn Suites franchisee immediately stop doing upon termination?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
amages collected that are attributable to System Assessment Fees will be credited to the Marketing Fund. Liquidated Damages are paid in place of our claims for lost future Recurring Fees under this Agreement. Our right to receive other amounts due under this Agreement is not affected.
- 12.2 Condemnation Payments. In the event a Condemnation is to occur, you will pay us the fees set forth in Section 7 for a period of one year after we receive the initial notice of condemnation described in Section 11.3.2, or until the Condemnation occurs, whichever is longer (the "Notice Period"). You will pay us Liquidated Damages equal to the average daily Royalties and System Assessment Fees for the one-year period preceding the date of your condemnation notice to us multiplied by 365 less the number of days in the Notice Period. This payment will be made within 30 days after Condemnation is completed (when you close the Facility or you deliver it to the condemning authority). You will pay no Liquidated Damages if the Condemnation is completed after the Notice Period expires. For the sake of clarity, you must continue to pay when due the
fees, set forth in this Agreement, including under Section 7, and all other agreements with us or our affiliates pertaining to the Facility until Condemnation is completed.
- 13. Your Duties At and After Termination. When a Termination occurs for any reason whatsoever:
- 13.1 System Usage Ceases. You must comply with the following "de-identification" obligatio
Source: Item 23 — RECEIPTS (FDD pages 97–443)
What This Means (2025 FDD)
According to the 2025 Baymont Inn Suites Franchise Disclosure Document, upon termination of the franchise agreement for any reason, a franchisee must immediately cease using the Baymont Inn Suites System to operate and identify the facility. This includes complying with de-identification obligations.
Specifically, the franchisee is required to remove all signage and other items bearing any Baymont Inn Suites marks. They must also follow the detailed steps outlined in the System Standards Manual or other brand directives for changing the identification of the facility. This involves promptly painting over or removing the facility's distinctive System trade dress, color schemes, and architectural features to ensure it no longer resembles a Baymont Inn Suites property.
Furthermore, the franchisee is prohibited from identifying the facility with any mark or name that is confusingly similar to the Baymont Inn Suites brand. They cannot use the same colors as the System trade dress for signage, printed materials, and painted surfaces. The franchisee must also cease all Internet marketing activities that use any Baymont Inn Suites marks to identify the facility. Failure to comply with these de-identification requirements can result in a royalty payment of $2,000 per day until the de-identification is completed to Baymont Inn Suites' satisfaction. Additionally, the franchisee must cancel any assumed name or equivalent registration that contains the name "Baymont" or any variation thereof or any other Mark and provide evidence of compliance within thirty (30) days after Termination or expiration of the Agreement.