What section of the Baymont Inn Suites Franchise Agreement applies to the Guaranty?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
We acknowledge that the provisions of Section 17 of the Franchise Agreement, including but not limited to Section 17.4 (Remedies) and Section 17.6 (Choice of Law; Venue; Dispute Resolution, including but not limited to Section 17.6.4 (Waiver of Jury Trial)), apply to this Guaranty.
Upon the death of an individual guarantor, the estate of the guarantor will be bound by this Guaranty for obligations of Franchisee to Company existing at the time of death, and the obligations of all other guarantors will continue in full force and effect.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to the 2025 Baymont Inn Suites Franchise Disclosure Document, the Guaranty is addressed in Appendix A of the franchise agreement. Specifically, the document acknowledges that the provisions of Section 17 of the Franchise Agreement, including Section 17.4 (Remedies) and Section 17.6 (Choice of Law; Venue; Dispute Resolution, including Section 17.6.4 (Waiver of Jury Trial)), apply to the Guaranty.
This means that any individual or entity providing a guaranty for the franchisee's obligations is bound by the same legal terms and conditions outlined in Section 17 of the franchise agreement. These include the remedies available to Baymont Inn Suites in case of default, the choice of law governing the agreement, the venue for dispute resolution, and the waiver of a jury trial.
For a prospective Baymont Inn Suites franchisee, this implies that anyone signing a guaranty on their behalf should carefully review Section 17 of the franchise agreement to understand the full extent of their obligations and potential liabilities. The guarantor's estate will also be bound by the Guaranty for obligations existing at the time of death.