Can a Baymont Inn Suites franchisee take actions that harm the goodwill of the brand?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
bove, there are no other agreements that currently limit our right to use or license the Marks in a manner material to the franchise.
Your right to use the Marks and any other symbols, logos, insignia, trademarks or service marks developed for or with your Baymont hotel is derived solely from the Franchise Agreement and is limited to the conduct of business under and in compliance with the Franchise Agreement and all applicable specifications, standards and operating procedures we prescribe during the term of the Franchise Agreement. Any unauthorized use of the Marks by you will constitute an infringement of our rights in and to the Marks. You may not use the Marks in your corporate name, partnership name, tradename, name of any business entity, legal name, social media profile or handle name, or in any Internet address or domain used to identify a site on the Internet unless otherwise approved by us, but you may use a Mark in an assumed business or trade name filing, provided such filing is the full name of the property, including any secondary designation as set forth in the Franchise Agreement.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 79–80)
What This Means (2025 FDD)
According to the 2025 Baymont Inn Suites Franchise Disclosure Document, a franchisee's right to use the Baymont Inn Suites marks is contingent upon operating the business in compliance with the Franchise Agreement. Any unauthorized use of the marks constitutes an infringement of Baymont Inn Suites' rights. Baymont Inn Suites and its affiliates retain all rights in the marks and associated goodwill, and franchisees are prohibited from contesting their interest in the marks or assisting others in doing so. This underscores the importance of adhering to the franchisor's standards and procedures to maintain the brand's integrity and avoid actions that could harm its reputation.
The franchise agreement stipulates that franchisees must operate their facilities according to the business format, methods, procedures, designs, layouts, standards, and specifications of the Baymont Inn Suites system. This includes maintaining the physical condition of the facility and adhering to operational guidelines. Failure to comply with these standards could lead to a decline in the quality of service and guest experience, which could negatively impact the brand's reputation and goodwill.
Furthermore, the FDD emphasizes the competitive nature of the hospitality industry and the importance of maintaining brand standards to compete effectively. The success of a Baymont Inn Suites franchise depends on various factors, including the facility's condition and the capabilities of the management and service team. By adhering to the franchisor's standards and maintaining a high level of service, franchisees can contribute to the overall success of the Baymont Inn Suites brand and protect its goodwill.