Who must sign a waiver to the Hawthorn Suites By Wyndham agreement to make it effective?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
To induce Hawthorn Suites Franchising, Inc., its successors, assigns and affiliates ("you") to sign the franchise agreement, the undersigned, jointly and severally ("we," "our," or "us"), irrevocably and unconditionally (i) warrant to you that representations and warranties in the Agreements are true and correct as stated, and (ii) guaranty that Franchisee's obligations under the Agreements, including any amendments, will be punctually paid and performed. "Franchise Agreement" means the franchise agreement to which this Guaranty is attached pertaining to the Unit indicated above, and the ancillary agreements to the Franchise Agreement (such ancillary agreements and the Franchise Agreement, collectively, the "Agreements"). "Franchisee" means the party designated as the Franchisee in the Franchise Agreement.
Upon default by Franchisee and notice from you we will immediately make each payment and perform or cause Franchisee to perform each unpaid or unperformed obligation of Franchisee under the Agreements. Without affecting our obligations under this Guaranty, without notice to us, you may extend, modify or release any indebtedness or obligation of Franchisee, or settle, adjust, or compromise any claims against Franchisee. We waive notice of amendment of the Agreements. We acknowledge that the provisions of Section 17 of the Franchise Agreement, including but not limited to Section 17.4 (Remedies) and Section 17.6 (Choice of Law; Venue; Dispute Resolution, including but not limited to Section 17.6.4 (Waiver of Jury Trial)), apply to this Guaranty.
Upon the death of an individual guarantor, the estate of the guarantor will be bound by this Guaranty for obligations of Franchisee to you existing at the time of death, and the obligations of all other guarantors will continue in full force and effect.
This Guaranty may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
Source: Item 23 — RECEIPTS (FDD pages 92–402)
What This Means (2025 FDD)
According to the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, a Guaranty must be signed to induce Hawthorn Suites Franchising, Inc. to sign the franchise agreement. The undersigned, referred to as "we," "our," or "us," jointly and severally, must (i) warrant that representations and warranties in the Agreements are true and correct as stated, and (ii) guaranty that Franchisee's obligations under the Agreements, including any amendments, will be punctually paid and performed.
This Guaranty ensures that the Franchisee's obligations, including payments and performance, are met. The definition of "Franchise Agreement" includes the franchise agreement pertaining to the specific Unit and any ancillary agreements. The term "Franchisee" refers to the party designated as such in the Franchise Agreement.
The Guaranty specifies that upon default by the Franchisee and notice from Hawthorn Suites By Wyndham, the guarantors are obligated to immediately fulfill the Franchisee's unpaid or unperformed obligations under the Agreements. The guaranty also states that Hawthorn Suites By Wyndham may extend, modify, or release any debt or obligation of the Franchisee without affecting the guarantors' obligations and without notice to them. The guarantors waive notice of any amendments to the Agreements and acknowledge that the dispute resolution provisions of the Franchise Agreement apply to the Guaranty. The estate of a deceased guarantor remains bound by the Guaranty for the Franchisee's obligations existing at the time of death, and the obligations of other guarantors continue in full force.