Does the Hawthorn Suites By Wyndham agreement allow for modifications or waivers?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
jpeg)
applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date set forth above.
WE: HAWTHORN SUITES FRANCHISING, INC. YOU:
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE NEW YORK GENERAL BUSINESS LAW
| This Addendum to the Franchise Agreement by and between HAWTHORN SUITES |
|---|
| ("we," "our," or "us") and |
| FRANCHISING, INC. |
| ("you") is dated, 20 |
| The following provisions supersede and control any conflicting provisions of the Franchise Agreement: |
| 1. |
| Section 9.3 is amended by adding the following statement immediately after the first sentence of such |
| Section: |
| However, all rights you enjoy and any causes of action arising in your favor from the |
| provisions of Article 33 of the General Business Law of the State of New York and the |
| related regulations shall remain in force; it being the intent of this proviso to satisfy the |
| non-waiver provisions of GBL, Sections 687.4 and 687.5. |
| 2. |
| Section 10 is amended by adding the following statement immediately after the first sentence of such |
| Section: |
| However, no assignment shall be made except to an assignee who, in our good faith |
| judgment, is willing and able to assume our obligations under this Agreement. |
| 3. |
| You acknowledge that, pursuant to Section 1136 of the New York Tax Law, we are obligated to file |
| an annual information return with the New York State Department of Taxation and Finance which |
| identifies, among other things, the "gross sales" of your franchise as you reported such "gross sales" to us. |
[Remainder of Page Left Blank]
provision supersedes any other term of any document executed in connection with the franchise.
You release any claim against us or our agents relating to our filing of an information return pursuant to
- No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This
Section 1136 of the New York Tax Law.
IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date set forth above. WE: HAWTHORN SUITES FRANCHISING, INC. YOU:
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE NORTH DAKOTA FRANCHISE INVESTMENT LAW
This Addendum to the Franchise Agreement by and between HAWTHORN SUITES FRANCHISING, INC. ("we," "our" or "us") and ("you") is dated, 20 The following provisions supersede and control any conflicting provisions of the Franchise Agreement: 1. Liquidated damages are prohibited by law in the State of North Dakota. 2. The Franchise Agreement will be governed and construed under the laws of the State of North Dakota. Any provision in the Franchise Agreement which designates jurisdiction or venue, or requires you to agree to jurisdiction or venue, in a forum outside of North Dakota, is deleted from any Franchise Agreement issued in the State of North Dakota. Any non-competition covenants contained in the Franchise Agreement shall be subject to the North Dakota laws on franchising. 3. Any provisions in the Franchise Agreement (including but not limited to Section 17.6.4) which require you to waive the right to a jury trial, or exemplary or punitive damages are deleted from any Agreements issued in the State of North Dakota. 4. Section 5 of the Franchise Agreement is revised to provide that a general release shall not be required as a condition to renewal. 5. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise. IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date set forth above. WE: HAWTHORN SUITES FRANCHISING, INC. YOU: North Dakota - 1
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE RHODE ISLAND FRANCHISE INVESTMENT ACT
This Addendum to the Franchise Agreement by and between HAWTHORN SUITES FRANCHISING, INC. ("we," "our," or "us") and ("you") is dated, 20 Notwithstanding anything to the contrary stated in Section 17.6.1 or elsewhere in the Franchise Agreement, the Franchise Agreement shall be governed by Rhode Island law with respect to any claim enforceable under the Rhode Island Franchise Investment Act.
Source: Item 22 — CONTRACTS (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Hawthorn Suites By Wyndham FDD, the franchise agreement can be modified or superseded by addendums, particularly to comply with state laws. For instance, an addendum addresses conflicts with New York General Business Law, ensuring franchisees retain rights and causes of action arising from Article 33 of the law. This addendum specifically states that its provisions supersede any conflicting ones in the original franchise agreement. Similarly, another addendum ensures that no assignment of the agreement can occur unless the assignee is willing and able to assume Hawthorn Suites By Wyndham's obligations.
Furthermore, the FDD includes an addendum to comply with the Minnesota Franchise Investment Law. This addendum modifies specific clauses in the franchise agreement to align with Minnesota law, such as amending language related to injunctive relief and reinforcing that the franchise agreement cannot override any rights provided under Minnesota Statutes, Chapter 80C.
Finally, an addendum addresses Illinois law, stating that Illinois law governs the Franchise Agreement and that any provision designating jurisdiction and venue outside of Illinois is void, although arbitration outside of Illinois is permitted. It also confirms that franchisees cannot waive compliance with the Illinois Franchise Disclosure Act or disclaim reliance on statements made by Hawthorn Suites By Wyndham. These addendums demonstrate that the Hawthorn Suites By Wyndham franchise agreement can be modified to comply with specific state laws, ensuring franchisees' rights are protected under those laws.