What law governs the Hawthorn Suites By Wyndham franchise agreements?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
anchisor, 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.
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- Section 17.7 of the Franchise Agreement is deleted in its entirety.
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above. IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date set forth WE: HAWTHORN SUITES FRANCHISING, INC. YOU:
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO ILLINOIS LAW
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:
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE LAW
| 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 set forth in the Franchise Agreement, the following provision shall supersede and apply to all franchises offered and sold under the laws of the State of Maryland:
No release language set forth in Sections 5, 9 or elsewhere in the Franchise Agreement shall relieve us or any other person, directly or indirectly, from liability imposed by the laws concerning franchising of the State of Maryland.
Source: Item 22 — CONTRACTS (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, the franchise agreement is generally subject to the laws of the state where the franchisee is located, although this can be modified by addenda based on specific state laws. For instance, an addendum to the franchise agreement states that Illinois law governs the franchise agreement, and any provision designating jurisdiction and venue outside of Illinois is void, although arbitration may occur outside of Illinois. Similarly, in North Dakota, the franchise agreement will be governed and construed under the laws of North Dakota, and any provision designating jurisdiction or venue outside of North Dakota is deleted.
For franchisees in Rhode Island, the franchise agreement is governed by Rhode Island law with respect to any claim enforceable under the Rhode Island Franchise Investment Act, overriding any conflicting clauses in the standard agreement. In Minnesota, the agreement is subject to Minnesota Statutes, which prevent Hawthorn Suites By Wyndham from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes.
These stipulations are crucial for prospective Hawthorn Suites By Wyndham franchisees as they highlight the importance of understanding the specific legal addenda applicable to their state. Franchisees should consult with a legal professional to fully understand their rights and obligations under both the standard franchise agreement and any state-specific addenda, ensuring compliance and protecting their investment.