Is the Rider to the Best Western International, Inc. Membership Agreement considered part of the Membership Agreement?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
Agreement.
MEMBER: LICENSOR: [INSERT MEMBER ENTITY], a [INSERT TYPE OF ENTITY] Best Western International, Inc., an Arizona corporation Executed on: Executed on:
RIDER TO THE BEST WESTERN INTERNATIONAL, INC. MEMBERSHIP AGREEMENT FOR USE IN ILLINOIS
This Rider (the "Rider") is made and entered into as of the Effective Date as stated in the Membership Agreement (defined below), by and between Best Western International, Inc., an Arizona nonprofit corporation with its principal business address at 6201 N. 24th Parkway, Phoenix, Arizona 85016 ("we," "us" "our," or "Licensor"), and ___________________________________ ("you," "your," or "Member").
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Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, the Rider to the Membership Agreement is considered part of the Membership Agreement. Specifically, the Rider is annexed to and forms a part of the Membership Agreement. This means that the Rider is legally integrated into the main agreement, and its terms are binding on both Best Western and the member.
This is a standard practice in franchising, especially when state-specific regulations require modifications to the standard agreement. The Riders often address specific legal requirements or clarifications needed for compliance within a particular state. For example, Riders included in the FDD address specific legal requirements in California, Hawaii, Indiana, Michigan, South Dakota, Virginia, Wisconsin, Washington, Minnesota, North Dakota, New York, Illinois, and Maryland.
Prospective Best Western franchisees should carefully review any Rider attached to their Membership Agreement to understand how it modifies the standard terms. This is particularly important because the Rider may contain provisions that protect the franchisee's rights under state franchise laws or address specific issues like governing law, jurisdiction, or waivers. Understanding the Rider is crucial for ensuring full compliance and awareness of all contractual obligations and legal protections.