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What does the Baymont Inn Suites Guaranty say about the estate of a deceased guarantor?

Baymont_Inn_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

Upon the death of an individual guarantor, the estate of the guarantor will be bound by this Guaranty for obligations of Franchisee to Company existing at the time of death, and the obligations of all other guarantors will continue in full force and effect.

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

What This Means (2025 FDD)

According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the Guaranty agreement addresses the obligations of a guarantor's estate upon their death. Specifically, if an individual guarantor passes away, their estate remains bound by the Guaranty. This means the estate is responsible for the franchisee's obligations to Baymont Inn Suites that existed at the time of the guarantor's death. This provision ensures that Baymont Inn Suites retains a financial safety net even after the guarantor's death, as the estate must cover the franchisee's debts.

Furthermore, the Guaranty states that the obligations of any other guarantors will remain in full effect. Therefore, the death of one guarantor does not relieve any co-guarantors of their responsibilities under the Guaranty. This is a standard practice in franchising, as it provides the franchisor with continuous and comprehensive financial protection. The continuation of the Guaranty by the remaining guarantors ensures that Baymont Inn Suites's financial interests are safeguarded, regardless of individual circumstances affecting one guarantor.

For a prospective Baymont Inn Suites franchisee, this clause highlights the importance of understanding the full extent of the Guaranty. Individuals considering acting as guarantors should be aware that their estate will be liable for the franchisee's debts to Baymont Inn Suites, even after their death. This could have significant implications for estate planning and asset allocation. Franchisees should also consider the impact on co-guarantors, as their obligations will continue unaffected if one guarantor passes away. It is advisable to seek legal counsel to fully understand the implications of the Guaranty before signing any agreements.

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.