In which state and county must litigation be pursued against Baymont Inn Suites?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
GUARANTY OF PERFORMANCE
For value received, WYNDHAM HOTELS & RESORTS, INC., a Delaware corporation, located at 22 Sylvan Way, Parsippany, New Jersey 07054, USA, absolutely and unconditionally guarantees the performance by its indirect subsidiary, BAYMONT FRANCHISE SYSTEMS, INC., a Delaware corporation, with its registered office located at 22 Sylvan Way, Parsippany, New Jersey 07054, USA, as franchisor, of all its obligations in accordance with the terms and conditions of its franchise or license agreements and other agreements issued pursuant to the Baymont Inn & Suites Franchise Disclosure Document and entered into from and after the date hereof as such franchise, license and other agreements shall have been or may hereafter be amended, modified, renewed or extended from time to time. This Guaranty shall continue in force until all such obligations of BAYMONT FRANCHISE SYSTEMS, INC. shall have been satisfied or until such liability of BAYMONT FRANCHISE SYSTEMS, INC. to such franchisees or licensees has been completely discharged, whichever first occur. WYNDHAM HOTELS & RESORTS, INC. shall not be discharged from liability hereunder as long as any such claim by a franchisee or licensee against BAYMONT FRANCHISE SYSTEMS, INC. remains outstanding. Notice of acceptance is waived. Notice of default on the part of BAYMONT FRANCHISE SYSTEMS, INC. is not waived. This Guaranty shall be binding upon WYNDHAM HOTELS & RESORTS, INC., its successors and assigns.
IN WITNESS WHEREOF, WYNDHAM HOTELS & RESORTS, INC. has, by a duly authorized officer, executed this Guaranty of Performance in Parsippany, New Jersey as of the 31st day of March 2025.
WYNDHAM HOTELS & RESORTS, INC. a Delaware corporation
Michele Allen
Chief Financial Officer
ATTEST:
Michael Heistein
Senior Vice President, Legal
EXHIBIT E-1 BAYMONT FRANCHISE SYSTEMS, INC. US OPEN AND OPERATING FACILITIES AS OF 12/31/2024
Source: Item 23 — RECEIPTS (FDD pages 97–443)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document does not specify a particular state or county where litigation must be pursued against Baymont Inn Suites. However, it does state that Wyndham Hotels & Resorts, Inc., located in Parsippany, New Jersey, guarantees the performance of Baymont Franchise Systems, Inc.
The FDD mentions that Baymont Inn Suites is involved in claims, legal and regulatory proceedings, and governmental inquiries arising in the ordinary course of its business. These include breach of contract, fraud, and bad faith claims with franchisees, as well as negligence, breach of contract, fraud, employment, consumer protection, and other statutory claims.
Prospective franchisees should be aware that disputes can arise, and while the FDD does not mandate a specific location for litigation, the presence of Wyndham Hotels & Resorts, Inc. in Parsippany, New Jersey, as the guarantor could be a relevant factor. It would be prudent for potential franchisees to seek legal counsel to understand their rights and obligations regarding dispute resolution and litigation, including where such actions may be initiated or defended.