How must waivers under the Hawthorn Suites By Wyndham agreement be documented to be 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.
Source: Item 23 — RECEIPTS (FDD pages 92–402)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, any waivers related to the Hawthorn Suites By Wyndham franchise agreement must be documented in writing. Specifically, the guaranty agreement includes a clause where guarantors acknowledge that Hawthorn Suites Franchising, Inc. may modify or release any obligations of the franchisee without notice to the guarantors, and the guarantors waive notice of any amendments to the agreements. This implies that any modifications or waivers to the franchise agreement must be documented in writing to be effective and enforceable.
This requirement ensures that all parties are fully aware of their rights and obligations under the franchise agreement. It also provides a clear record of any changes made to the agreement, which can be helpful in resolving disputes. For a prospective Hawthorn Suites By Wyndham franchisee, this means carefully reviewing all documents related to the franchise agreement, including any waivers or modifications, and ensuring that they are properly documented and signed by all parties involved.
The documentation of waivers protects both the franchisor and the franchisee by providing a clear and unambiguous record of any changes to the original agreement. This reduces the risk of misunderstandings or disputes arising from verbal agreements or undocumented changes. Franchisees should pay close attention to any clauses related to waivers or modifications and seek legal advice if they are unsure of their rights or obligations.
In summary, the Hawthorn Suites By Wyndham franchise agreement requires that all waivers and modifications be documented in writing to be effective. This protects both the franchisor and the franchisee by providing a clear record of any changes to the original agreement and reducing the risk of disputes.