What law governs the Baymont Inn Suites agreement?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provisions supersede and control any conflicting provisions of the Franchise Agreement:
Illinois law governs the Franchise Agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in the Franchise Agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, the Franchise Agreement may provide for arbitration to take place outside of Illinois.
Franchisees' rights upon termination and non-renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to the 2025 Baymont Inn Suites Franchise Disclosure Document, the franchise agreement is generally governed by Illinois law. However, this is superseded by addenda for franchisees in specific states.
For example, an addendum to the franchise agreement states that for franchises offered and sold under Maryland law, certain provisions will supersede the original agreement. Similarly, for franchisees in Rhode Island, the agreement is governed by Rhode Island law with respect to any claim enforceable under the Rhode Island Franchise Investment Act, overriding any conflicting statements in the franchise agreement.
These addenda also include stipulations that protect franchisees' rights under state laws, such as the Maryland Franchise Registration and Disclosure Law, ensuring that franchisees can bring lawsuits in their state for claims arising under those laws. Additionally, these addenda often contain non-waiver provisions, ensuring that franchisees cannot waive compliance with state franchise laws or disclaim reliance on statements made by the franchisor.