May Hawthorn Suites By Wyndham permit deviations from System Standards?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.2 Waivers, Modifications and Approvals. If we allow you to deviate from this Agreement, we may insist on strict compliance at any time after written notice. Our silence or inaction will not be or establish a waiver, consent, course of dealing, implied modification or estoppel. All modifications, waivers, approvals and consents of or under this Agreement by us must be in writing and signed by our authorized representative to be effective. We may unilaterally revise Schedule C when this Agreement so permits.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 78–83)
What This Means (2025 FDD)
According to Hawthorn Suites By Wyndham's 2025 Franchise Disclosure Document, the franchisor may allow franchisees to deviate from the Franchise Agreement; however, Hawthorn Suites By Wyndham retains the right to insist on strict compliance at any time after providing written notice. This means that any initial allowance for deviation does not constitute a permanent waiver of the System Standards.
This clause protects Hawthorn Suites By Wyndham's ability to enforce its standards consistently across all franchise locations. It prevents a franchisee from claiming that past leniency sets a precedent for future non-compliance. The franchisee should be aware that any deviation from the agreement is subject to revocation at any time with written notice from Hawthorn Suites By Wyndham.
For a prospective Hawthorn Suites By Wyndham franchisee, this implies that while there might be room for negotiation or special circumstances, they cannot rely on any verbal agreements or past practices. Any modifications or waivers must be documented in writing and signed by an authorized representative of Hawthorn Suites By Wyndham to be legally binding. This ensures that both parties are clear about their obligations and rights under the Franchise Agreement.