What agreement are BWI and the Hotel Owner parties to in relation to the Bw Premier Collection franchise?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Background. BWI and Hotel Owner are parties to that certain Distribution Agreement that has been signed at the same time as the signing of this Rider (the "Distribution Agreement") that has been signed concurrently with the signing of this Rider. This Rider is annexed to and forms part of the Distribution Agreement. This Rider is being signed because (a) the Hotel that Hotel Owner will operate under the Distribution Agreement will be located in Minnesota; and/or (b) any of the offering or sales activity relating to the Distribution Agreement occurred in Minnesota.
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to the 2025 Bw Premier Collection FDD, BWI (Best Western International, Inc.) and the Hotel Owner are parties to a Distribution Agreement. This agreement is signed concurrently with a Rider, which becomes part of the Distribution Agreement. The Rider is required if the Hotel Owner is a resident of Rhode Island, the hotel is located in Rhode Island, or any sales activities related to the agreement occurred in Rhode Island. Similar riders are used for hotels located in Washington or Minnesota.
The Distribution Agreement outlines the obligations and responsibilities of both BWI and the Hotel Owner. BWI grants the Hotel Owner a non-exclusive, limited, non-transferable license to use the brand's associated marks, including Best Western, BWR, and the specific brand (BW Premier Collection or BW Signature Collection). BWI also provides digital marketing consultant services, access to online education and training resources, and guest satisfaction surveys.
The Hotel Owner is responsible for maintaining the hotel to BWI's standards, completing renovations as outlined in the Property Improvement Plan (PIP), undergoing a deep-clean program, and maintaining a preventative maintenance program. The Hotel Owner must also comply with quality assurance processes and procedures, achieving a passing QA assessment rating. The agreement specifies that the Hotel Owner and Hotel are jointly and severally liable to BWI for each other's responsibilities and obligations.
The Distribution Agreement includes various miscellaneous terms, such as confidentiality, dispute resolution, and compliance with laws. It states that the agreement represents the entirety of the understanding between the parties and that any amendments must be in writing and signed by both parties. The agreement also specifies that Arizona law and jurisdiction apply for any disputes, although this may be superseded by franchise laws in certain states like Washington and Rhode Island.