What is the definition of 'Rider' in the context of the Bw Premier Collection Distribution Agreement?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
a ENTITY] corporation Executed on: Executed on:
RIDER TO THE BEST WESTERN INTERNATIONAL, INC. DISTRIBUTION AGREEMENT FOR USE IN MINNESOTA
This Rider (the "Rider") is made and entered into as of the Effective Date as stated in the Distribution Agreement (defined below), by and between Best Western International, Inc., an Arizona corporation with its principal business address at 6201 N. 24th Parkway, Phoenix, Arizona 85016 ("we," "us" "our," or "BWI"), and ___________________________________ ("you," "your," or "Hotel Owner").
-
- 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.
-
- Infringement.
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to the 2025 Bw Premier Collection FDD, a 'Rider' is a document that modifies the standard Distribution Agreement to account for specific state laws or circumstances. Several examples are provided for states like Minnesota, New York, North Dakota, Washington and Maryland.
These Riders are signed concurrently with the Distribution Agreement and are annexed to it, becoming a formal part of the agreement. The purpose of a Rider is to address specific legal requirements or conditions within a particular state where the hotel will operate or where the franchise was offered or sold. This ensures that the Bw Premier Collection franchise agreement complies with local regulations.
For a prospective Bw Premier Collection franchisee, it's crucial to understand that the terms of the Distribution Agreement can be modified by a Rider specific to their state. Franchisees should carefully review any Rider attached to their agreement to understand how it alters the standard terms and what additional rights or obligations they may have under state law. The FDD excerpts show that these riders address issues such as franchise law compliance, governing law, consent to jurisdiction, and limitations of claims.