Is the Hawthorn Suites By Wyndham service agreement the entire agreement between the parties?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
d you shall participate in, the Service as described in both Exhibits A and B. In addition to the descriptions in Exhibits A and B, we will provide the Service in accordance with any Remote Sales Service Policies ("RSS Policies"), as they may be set forth in System Standards and updated from time to time. Within ten (10) days after the Effective Date, your primary representative (described below) and our representative shall meet and confer to determine the terms under which we shall provide the Service (the "Initial Meeting"). You will establish the reference room rate for the Facility upon which all other rates are based ("Rate of the Day"). In addition, you will establish the parameters under which we are authorized to offer rooms or services at the Facility to third parties in connection with potential stays (including, but not limited to the discount off Rate of the Day, group size limits, amenities, packages or other incentives). You retain ultimate and sole control over all decisions to accept, or not to accept, all sales at the Facility. The Service shall begin the day on which you provide us, in writing, with all information that we reasonably request during the Initial Meeting and the authorizations for Service described in Exhibit A (the "Commencement Date").
Subject to the foregoing, by entering into this Agreement, you explicitly (i) agree to abide by the RSS Policies, (ii) authorize us to access, as necessary, your room rates, inventory and other Facility information in our Reservation System, your Facility's property management system, your Facility's food and beverage system (if applicable), any extranets that the Facility maintains with OTAs, and all third party sales response and tracking systems (e.g. Lanyon, HotelPlanner), (iii) authorize us to offer for sale to third parties room and other services at the Facility within certain parameters pre-authorized by you, and (iv) authorize us to accept non-contract reservations from third parties for rooms and other services at the Facility within certain parameters pre-authorized by you without advance notice to you.
Source: Item 23 — RECEIPTS (FDD pages 92–402)
What This Means (2025 FDD)
According to the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, the Signature Reservation Services Agreement covers the call transfer and omni-channel service provided to handle reservations. The agreement outlines specific terms and conditions for the service.
The agreement specifies that the franchisee agrees to abide by the RSS Policies and authorizes Hawthorn Suites By Wyndham to access necessary information in their reservation system, property management system, food and beverage system, and third-party sales response systems. Hawthorn Suites By Wyndham is authorized to offer rooms for sale within pre-authorized parameters and accept non-contract reservations without advance notice. However, Hawthorn Suites By Wyndham will not enter into any contracts on the franchisee's behalf, and the franchisee remains solely responsible for contracting with third parties and sales outside the pre-authorized parameters.
The agreement also states that Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and their affiliates are not parties to any contracts the franchisee enters into with third parties and have no liability for events arising from those agreements. The franchisee is responsible for third-party guests, and the indemnification obligations in the Franchise or Membership Agreement apply during the term of the Signature Reservation Services Agreement.
Furthermore, the document states that any disputes arising under this agreement will be resolved in accordance with the dispute resolution procedures under the franchisee's franchise or membership agreement with Hawthorn Suites By Wyndham or its affiliate. This agreement begins when Hawthorn Suites By Wyndham countersigns it and continues until the expiration or termination of the franchise or membership agreement. Hawthorn Suites By Wyndham has the right to terminate the agreement at any time without cause with thirty days' written notice and can amend, cancel, or replace the service with thirty days' written notice.