What are the 'Primary Agreements' as defined in the Baymont Inn Suites Guaranty?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Three-Party Agreement (the "Agreement") is made and entered into as of, 20 by |
|---|
| and among |
| ("Lender"); |
| ("Franchisee"); and |
| ("Franchisor" or "Company"). |
| Lender, Franchisee, and Franchisor each are referred to as a "Party" and collectively are referred to as the |
| "Parties." |
| RECITALS |
| A. |
| The Franchise Agreement. Franchisee and Franchisor entered into that certain franchise, |
| license or membership agreement, dated, 20 |
| (the "Franchise Agreement"), related to a |
| guest lodging facility located at, designated as Unit # |
| (the "Facility"). The Franchise |
| Agreement and certain ancillary agreements related to the Franchise Agreement collectively are referred to |
| as the "Primary Agreements." Pursuant to the Primary Agreements, Franchisee operates the Facility as a |
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the "Primary Agreements" include the Franchise Agreement and certain ancillary agreements related to the Franchise Agreement. These agreements are central to the operation of a Baymont Inn Suites franchised location.
The Three-Party Agreement excerpt defines the Franchise Agreement as an agreement between the Franchisee and Franchisor related to a guest lodging facility. The franchisee operates the Facility as a Baymont Inn Suites franchised location under the Primary Agreements.
Prospective Baymont Inn Suites franchisees should understand that the Guaranty requires them to ensure the assignee's representations and warranties are correct and that all obligations under the Primary Agreements are met. This includes being aware of all the documents that fall under the definition of "Primary Agreements" as these agreements define the scope of their responsibilities and the franchisor's rights.