What does 'you' refer to in the context of a Bw Premier Collection Distribution Agreement?
Bw_Premier_Collection Franchise · 2025 FDDAnswer from 2025 FDD Document
The licensor is Best Western International, Inc. ("we", "us", or "our"). "You" means the individual or entity that signs the Distribution Agreement – the "Hotel Owner". If you are a business entity, "you" means both the business entity and its owners. "Premier Hotel" refers to a hotel that is using the Premier Marks (defined below) and is included on our reservations system and "Signature Hotel" refers to a hotel that is using the Signature Marks (defined below) and is included on our reservations system. Together, Premier Hotels and Signature Hotels are referred to as "System Hotels" and the "Hotel" refers to the Premier Hotel or Signature Hotel you will operate under a Distribution Agreement. If we have an agent in your state for service of process, we disclose that agent in Exhibit B.
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 6–9)
What This Means (2025 FDD)
According to Bw Premier Collection's 2025 Franchise Disclosure Document, the term "you" in the context of the Distribution Agreement refers to the "Hotel Owner." Specifically, it is the individual or entity that signs the Distribution Agreement with Best Western International, Inc. If the Hotel Owner is a business entity, "you" encompasses both the business entity and its owners. This definition is crucial for understanding the obligations and rights outlined in the Distribution Agreement, as it clarifies who is bound by the agreement's terms.
This definition is important for prospective franchisees because it clearly identifies who is responsible for fulfilling the obligations outlined in the Distribution Agreement. Whether the franchisee is an individual or a business entity, understanding this definition ensures that all parties involved are aware of their responsibilities and liabilities under the agreement. This clarity helps prevent misunderstandings and potential legal issues down the line.
Furthermore, the FDD specifies that the "Hotel" refers to either the Premier Hotel or Signature Hotel that the franchisee will operate under the Distribution Agreement. This distinction is important because Premier Hotels and Signature Hotels have different brand standards and target different customer segments. Premier Hotels are described as upscale and luxury hotels, while Signature Hotels are upper-midscale. Therefore, the specific obligations and expectations for the franchisee will depend on whether they are operating a Premier Hotel or a Signature Hotel.