Regarding the Hawthorn Suites By Wyndham agreement, can the agreement be executed in counterparts?

According to the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, the Guaranty agreement pertaining to the franchise agreement may be executed in one or more counterparts. This means that the parties to the Guaranty agreement can sign different copies of the same document, and each signed copy will have the same legal effect as if all parties had signed a single copy. This flexibility can be particularly useful when the parties are located in different geographic locations, making it impractical to gather everyone in one place to sign a single document.

For a prospective Hawthorn Suites By Wyndham franchisee, this provision simplifies the execution process of the Guaranty, as it allows for a more convenient signing process. Each party can sign a separate copy of the Guaranty and return it, without needing to coordinate a single signing event. This can expedite the overall process of finalizing the franchise agreement and moving forward with the establishment of the Hawthorn Suites By Wyndham franchise.

It is important to note that while the Guaranty can be executed in counterparts, all counterparts together constitute one and the same instrument. This means that all signed copies must be identical in content to ensure that the agreement is valid and enforceable. Franchisees should ensure that they receive a complete and accurate copy of the Guaranty, including all counterparts, for their records.