What is being waived by the guarantor under the Baymont Inn Suites Guaranty?
Baymont_Inn_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
We waive notice of amendment of the Agreements. 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.
Source: Item 22 — CONTRACTS (FDD pages 96–97)
What This Means (2025 FDD)
According to Baymont Inn Suites's 2025 Franchise Disclosure Document, the guarantor is waiving certain notices and rights related to the franchise agreement. Specifically, the guarantor waives notice of any amendments to the agreements. Additionally, the guarantor acknowledges that the provisions of Section 17 of the Franchise Agreement, including remedies and dispute resolution, apply to the Guaranty. This includes a waiver of a jury trial.
In practical terms, this means that Baymont Inn Suites can modify the franchise agreement without directly informing the guarantor, and the guarantor will still be bound by the guaranty. The guarantor also gives up the right to a jury trial in any dispute related to the guaranty, which could impact how such disputes are resolved.
This waiver is a significant consideration for anyone acting as a guarantor, as it limits their rights and increases their potential liability. Prospective guarantors should carefully consider the implications of these waivers and seek legal counsel to fully understand their obligations before signing the Guaranty.