Is Baymont Inn Suites liable for expenses resulting from Mark changes?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.11 Good Will. You will use reasonable efforts to protect, maintain and promote the name "Baymont" or "Baymont by Wyndham" and its distinguishing characteristics, and the other Marks.
You will not permit or allow your officers, directors, principals, employees, representatives, or guests of the Facility to engage in conduct that is unlawful or damaging to the good will or public image of the Chain or System.
- **13.
Your Duties At and After Termination.** When a Termination occurs for any reason whatsoever:
- 13.1 System Usage Ceases. You must comply with the following "de-identification" obligations.
You will immediately stop using the System to operate and identify the Facility.
You will remove all signage and other items bearing any Marks and follow the other steps detailed in the System Standards Manual or other brand directives for changing the identification of the Facility.
You will promptly paint over or remove the Facility's distinctive System trade dress, color schemes and architectural features.
You shall not identify the Facility with a confusingly similar mark or name, or use the same colors as the System trade dress for signage, printed materials and painted surfaces.
Source: Item 23 — RECEIPTS (FDD pages 97–443)
What This Means (2025 FDD)
Based on the 2025 Baymont Inn Suites Franchise Disclosure Document, the franchisor, Baymont Franchise Systems, Inc., is not liable for expenses related to changes of the brand's marks. The FDD stipulates that franchisees are responsible for protecting, maintaining, and promoting the Baymont Inn Suites name and marks.
Specifically, upon termination of the franchise agreement, the franchisee is obligated to cease using the Baymont Inn Suites system and remove all signage and items bearing the brand's marks. The franchisee must also repaint or remove distinctive trade dress, color schemes, and architectural features to de-identify the facility.
These obligations underscore that the franchisee bears the financial responsibility for any changes required to the facility related to brand marks, both during the franchise term in promoting the brand and upon termination when removing the brand's identity from the property. Therefore, a prospective franchisee should be prepared to cover these potential costs.