Who inserts the 'Effective Date' into the Hawthorn Suites By Wyndham Franchise Agreement?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum to the Franchise Agreement, the Master Information Technology Agreement, Signature Reservation Service Agreement, Hotel Revenue Management Agreement, Three Party Agreement, Lender Notification Agreement, Termination and Release Agreement and Assignment and Assumption 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: Illinois law governs the Franchise Agreement. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in the Franchise Agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, the Franchise Agreement may provide for arbitration to take place outside of Illinois. Franchisees' rights upon termination and non-renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act. In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void. 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:
Source: Item 22 — CONTRACTS (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, the 'Effective Date' for various addenda to the franchise agreement is determined by both Hawthorn Suites Franchising, Inc. and the franchisee. The addenda include a space for the date to be inserted, with the statement that both parties have executed the addendum 'as of the date set forth above.'
Specifically, the FDD includes addenda to the franchise agreement that address specific state laws. These addenda cover states such as Illinois, North Dakota, Rhode Island, New York, Maryland, and Minnesota. Each addendum contains a space for the date, followed by the statement that both Hawthorn Suites Franchising, Inc. and the franchisee have executed the addendum as of that date.
This indicates that the 'Effective Date' is mutually agreed upon and acknowledged by both parties upon signing the addendum. This is a common practice in franchising, ensuring that both the franchisor and franchisee are aware of and agree to the terms from a specific date forward. The inclusion of state-specific addenda highlights the importance of adhering to local laws and regulations, which can vary significantly from state to state.