Who are the franchise sellers for the Best Western franchise offering?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, the franchise seller includes the franchisor and any other person acting on behalf of the franchisor. Specifically, the FDD states that franchisees cannot disclaim reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This indicates that multiple parties could be involved in selling the franchise.
This provision is particularly relevant in states with franchise disclosure laws such as California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. In these states, the FDD emphasizes the franchisee's right to rely on statements made by the franchisor or anyone acting on their behalf during the franchise sales process.
Prospective franchisees should be aware that this clause protects their ability to make claims based on representations made by Best Western or its representatives. It prevents franchisees from waiving their rights to claim fraud or misrepresentation based on statements made during the franchise sales process. This protection is crucial for ensuring transparency and accountability in the franchise relationship.