What legal compliance obligations do the parties have under the Bw Premier Collection agreement?

According to the 2025 Bw Premier Collection FDD, both Bw Premier Collection and the hotel owner (franchisee) must adhere to several legal and contractual obligations. Each party confirms they have the legal authority to enter into the agreement. Furthermore, both parties agree to comply with all state, federal, and local laws. This includes adhering to all relevant regulations and statutes applicable to their respective operations. The agreement is governed by Arizona law, and any disputes will be resolved in Maricopa County, Arizona.

Bw Premier Collection is obligated to use commercially reasonable efforts to market the hotel on its reservation channels and display relevant hotel information. They must also maintain information security procedures to protect guest data. Additionally, Bw Premier Collection must assess the hotel at least once every twelve months to ensure quality and condition. They also provide digital marketing consultant services and access to online education and training resources.

The hotel owner is obligated to maintain the hotel and provide amenities consistent with its competitive set, complete renovations as outlined in the Property Improvement Plan (PIP), and maintain a preventative maintenance program. The hotel must also comply with all quality assurance processes and maintain a passing QA assessment rating. Additionally, the hotel owner must provide breakfast to guests as determined by the hotel, consistent with its competitive set and guidelines. The hotel owner must also adhere to specific brand standards and operational requirements to maintain compliance with the franchise agreement.

In Washington state, certain legal restrictions apply regarding non-competition covenants and the solicitation of employees. Specifically, non-competition covenants are void and unenforceable against an employee whose annualized earnings are below $100,000 or against an independent contractor whose annualized earnings are below $250,000. Additionally, Bw Premier Collection cannot restrict a franchisee from soliciting or hiring employees of other franchisees or of the franchisor itself. These provisions ensure compliance with Washington state law and protect the rights of employees and independent contractors within the Bw Premier Collection franchise system.