For Bw Premier Collection, what document is this Rider considered a part of?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
INC. DISTRIBUTION AGREEMENT FOR USE IN ILLINOIS
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"). This Rider is part of the Distribution Agreement. This Rider is being signed because (a) the offer to sell or buy the franchise for the Hotel was made in the State of Illinois, and/or (b) the offer to sell or buy the franchise for the Hotel was made outside of the State of Illinois and accepted in the State of Illinois, and/or (c) Hotel Owner is domiciled in the State of Illinois, and/or (d) the franchised Hotel will be located in the State of Illinois.
-
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to the 2025 Bw Premier Collection FDD, the Rider is annexed to and forms part of the Distribution Agreement. Specifically, the FDD includes a Rider to the Best Western International, Inc. Distribution Agreement for use in various states such as Minnesota, New York, North Dakota, and Washington. This rider is signed concurrently with the Distribution Agreement.
This means that the Rider modifies and supplements the terms of the Distribution Agreement, tailoring it to specific state laws or requirements. For a prospective Bw Premier Collection franchisee, this implies that the Distribution Agreement is not a static, one-size-fits-all document but can be adjusted based on the location of the hotel or the franchisee's residency.
For example, the Rider for use in Minnesota adds language to protect the Hotel Owner's right to use licensed marks and to indemnify them from losses arising from claims regarding the use of licensed marks, as required by Minnesota law. Similarly, the Rider for New York addresses governing law and limitations of claims to comply with New York's General Business Law. The Rider for North Dakota addresses liquidated damages on termination. The Rider for Washington addresses conflict of laws.
Therefore, franchisees should pay close attention to any state-specific Riders included in their Distribution Agreement, as these Riders can significantly impact their rights and obligations under the franchise agreement. It is important to understand how these Riders modify the standard terms of the Distribution Agreement and to seek legal counsel to ensure full comprehension of their implications.