Under the Hawthorn Suites By Wyndham franchise agreement, what does 'you' refer to?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
To simplify the language in this Disclosure Document, "we," "us," "our" or "HSF" means Hawthorn Suites Franchising, Inc., the franchisor. "You" means the person or entity acquiring a franchise. If the franchisee is a corporation, partnership or other entity, "you" includes the franchisee's owners. We use the terms "licensee" and "franchisee" and "licensor" and "franchisor" interchangeably.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 9–17)
What This Means (2025 FDD)
According to the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, the term 'you' is defined to clarify who the agreement applies to. Specifically, 'you' refers to the individual or business entity that is acquiring the franchise. This means that whether a person or a registered company is entering into the agreement with Hawthorn Suites By Wyndham, they are considered 'you' within the context of the document.
Furthermore, the definition extends to include the owners of the franchisee if the franchisee is a corporation, partnership, or other entity. This is a common practice in franchising to ensure that the obligations and responsibilities outlined in the franchise agreement apply not only to the business itself but also to the individuals who control it. This provision aims to prevent individuals from shielding themselves from liability by operating under a corporate structure.
Hawthorn Suites By Wyndham also clarifies that the terms 'licensee' and 'franchisee' are used interchangeably, as are 'licensor' and 'franchisor.' This means that throughout the document, these terms can be considered equivalent, avoiding any potential confusion about the roles and responsibilities of each party. This is a standard legal drafting technique to ensure consistency and clarity in the franchise agreement.