How should notices be delivered under the Baymont Inn Suites agreement?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.8. Notices. Unless otherwise specifically provided herein, all notices, demands, or other communications given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered (i) by facsimile transmission with confirmation original sent by first class mail, postage prepaid; (ii) by delivery service, with proof of delivery; or (iii) by first class, prepaid certified, or registered mail return receipt requested. Email addresses listed below are included for the convenience of the Parties only and not for the provision of notice under this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to the 2025 Baymont Inn Suites FDD, unless specifically provided otherwise in the agreement, all notices, demands, or other communications must be in writing. These notices are considered duly given if delivered in one of the following ways: by facsimile transmission with confirmation original sent by first class mail with postage prepaid; by a delivery service, with proof of delivery; or by first class, prepaid certified, or registered mail with return receipt requested. Email addresses are listed for convenience only and are not an acceptable method for providing official notice under the agreement.
This stipulation ensures that both Baymont Inn Suites and the franchisee have a verifiable record of sending and receiving important communications. Using certified or registered mail, for example, provides proof that the notice was sent and received, which can be crucial in legal or contractual matters. Similarly, using a delivery service with proof of delivery offers a reliable way to confirm receipt of the notice.
The inclusion of facsimile transmission as an acceptable method, provided it is followed by an original sent via first class mail, suggests a balance between immediacy and formality. While email is commonly used for quick communication, Baymont Inn Suites specifies that it is not a valid method for official notices, highlighting the importance of more secure and verifiable methods for contractual communications. This protects both parties by ensuring clarity and accountability in their interactions.
Prospective Baymont Inn Suites franchisees should be aware of these notice requirements and adhere to them strictly to avoid any misunderstandings or potential breaches of contract. It is essential to maintain accurate records of all notices sent and received, including dates, methods of delivery, and any confirmation receipts. This diligence will help ensure smooth communication and compliance with the franchise agreement throughout the term of the franchise.