How does Baymont Inn Suites handle waivers or modifications to the franchise agreement?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.2 Waivers, Modifications and Approvals. If we allow you to deviate from this Agreement, we may insist on strict compliance at any time after written notice. Our silence or inaction will not be or establish a waiver, consent, course of dealing, implied modification or estoppel. All modifications, waivers, approvals and consents of or under this Agreement by us must be in writing and signed by our authorized representative to be effective. We may unilaterally revise Schedule C when this Agreement so permits.
- 17.3 Notices. Notices will be effective if in writing and delivered (i) by delivery service, with proof of delivery; (ii) by first class, prepaid certified or registered mail, return receipt requested; (iii) by electronic mail, posting of the notice on our Chain intranet site or by a similar technology; or (iv) by such other means as to result in actual or constructive receipt by the person or office holder designated below, to the appropriate party at its address stated below or as it may otherwise designate by notice. You consent to receive electronic mail from us. Notices shall be deemed given on the date delivered or date of attempted delivery, if refused.
Source: Item 23 — RECEIPTS (FDD pages 97–443)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, any deviation from the franchise agreement allowed by Baymont Inn Suites does not prevent them from demanding strict compliance at any later time, provided they give written notice. The FDD states that Baymont Inn Suites's silence or inaction does not constitute a waiver, consent, implied modification, or estoppel.
For any modification, waiver, approval, or consent to be valid, it must be in writing and signed by an authorized representative of Baymont Inn Suites. This requirement ensures that all changes to the agreement are formally documented and agreed upon by both parties, preventing misunderstandings or disputes based on verbal agreements or assumptions.
Baymont Inn Suites retains the right to unilaterally revise Schedule C of the agreement if the agreement explicitly permits such revisions. All notices related to the franchise agreement must be in writing and can be delivered via delivery service with proof of delivery, first-class prepaid certified or registered mail with return receipt, electronic mail, posting on the Baymont Inn Suites intranet, or any other means that ensures actual or constructive receipt by the designated party. The franchisee consents to receive electronic mail from Baymont Inn Suites, and notices are considered given on the date of delivery or attempted delivery, even if refused.