What responsibility does a Baymont Inn Suites franchisee have regarding data backup and anti-virus/anti-malware software?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR DATA IS ADEQUATELY BACKED UP AND THAT YOU MAINTAIN CURRENT UPDATED ANTI-VIRUS/ANTI-MALWARE SOFTWARE.
YOU, ON BEHALF OF YOURSELF, YOUR SUCCESSORS AND ASSIGNS, HEREBY WAIVE, RELEASE AND RENOUNCE ALL CLAIMS OR CAUSES OF ACTION THAT YOU MAY HAVE AGAINST US, OUR AFFILIATES, OR OUR OR THEIR OFFICERS, DIRECTORS OR AGENTS, ARISING OUT OF THE PRODUCTS AND/OR SERVICES, UNLESS DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.**
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, franchisees are responsible for ensuring their data is adequately backed up and that they maintain current, updated anti-virus/anti-malware software at all times. This responsibility is emphasized in the context of Baymont Inn Suites not being liable for data loss or virus/malware infections, even if these issues arise from the services they provide.
This requirement means that a prospective Baymont Inn Suites franchisee must proactively implement and maintain systems for regular data backups and up-to-date anti-virus and anti-malware protection. This involves the costs of subscribing to data backup services, purchasing and updating anti-virus software, and potentially hiring IT support to manage these systems. Failing to comply with these requirements could expose the franchisee to significant risks, including data loss, system downtime, and potential legal liabilities related to data breaches.
Baymont Inn Suites may offer assistance with restoring lost data or addressing infected systems as additional services, but the primary responsibility for data protection rests with the franchisee. This is a common practice in franchising, where franchisees are typically responsible for managing their own IT infrastructure and data security, while the franchisor provides guidelines and support.
In summary, a Baymont Inn Suites franchisee must prioritize data backup and anti-virus/anti-malware measures to protect their business operations and sensitive information. The franchisee should budget for these ongoing IT costs and ensure they have the necessary expertise or support to maintain a secure IT environment.