For Bw Premier Collection, what is the relationship between the Distribution Agreement and the Rider?
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) you are a resident of the State of Maryland and/or (b) the franchised Hotel will be or is operated in the State of Maryland, and/or (c) the offer to sell the franchise for the Hotel was made in the State or Maryland; and/or (d) the offer to buy the franchise for the Hotel was accepted in the State of Maryland.
Source: Item 23 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to Bw Premier Collection's 2025 Franchise Disclosure Document, the Rider is directly related to the Distribution Agreement. Specifically, the Rider is annexed to and forms a part of the Distribution Agreement. Both are signed concurrently.
The purpose of the Rider is to address specific legal considerations or requirements based on the franchisee's location. For example, if a franchisee is a resident of Maryland, operates a hotel in Maryland, or the franchise offer was made or accepted in Maryland, a specific Rider is included to address the Maryland Franchise Registration and Disclosure Law. Similarly, there are Riders for franchisees in Rhode Island, Illinois, Minnesota, and North Dakota, each addressing specific state laws.
These Riders often include modifications or additions to the Distribution Agreement, such as clauses related to governing law, consent to jurisdiction, limitation of claims, waivers, and disclaimers of reliance. In some cases, the Rider specifies that certain provisions supersede any other terms in documents related to the franchise agreement, ensuring compliance with state-specific franchise laws. This highlights the importance of franchisees understanding the specific Rider applicable to their location and how it modifies the general terms of the Distribution Agreement.