What happens if Baymont Inn Suites allows a franchisee to deviate from 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.
Source: Item 23 — RECEIPTS (FDD pages 97–443)
What This Means (2025 FDD)
According to the 2025 FDD, if Baymont Inn Suites allows a franchisee to deviate from the franchise agreement, it retains the right to insist on strict compliance with the original terms at any time, provided they give written notice. This means that any leniency or exceptions granted do not permanently alter the agreement. Baymont Inn Suites's silence or inaction does not constitute a waiver, consent, implied modification, or estoppel.
For a prospective franchisee, this clause highlights the importance of adhering to the franchise agreement. Even if Baymont Inn Suites initially permits a deviation, they can reverse this decision with written notice. Franchisees should not assume that temporary allowances become permanent changes to the agreement. This protects Baymont Inn Suites from being bound by informal or undocumented agreements.
All official modifications, waivers, approvals, and consents to the franchise agreement must be documented in writing and signed by an authorized representative of Baymont Inn Suites to be considered valid. This requirement ensures that both parties have a clear record of any changes and prevents misunderstandings or disputes based on verbal agreements or assumptions. Baymont Inn Suites can also revise Schedule C of the agreement unilaterally if the agreement permits it.
This type of clause is common in franchise agreements to protect the franchisor's brand standards and uniformity across all franchise locations. Franchisees should be aware that any deviation from the agreement without formal written consent carries the risk of future enforcement of the original terms.