Can Surestay Hotel By Best Western condition its agreement to an amendment or waiver?
Surestay_Hotel_By_Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.6.1 No change, termination, or attempted waiver or cancellation of any provision of this Agreement will bind us unless it is in writing, specifically designated as an amendment or waiver, and signed by one of our officers. We may condition our agreement to any amendment or waiver on receiving from you, in a form satisfactory to us, an estoppel and general release of claims that you may have against us, the Entities, and related parties.
Source: Item 23 — Receipts (FDD pages 88–286)
What This Means (2025 FDD)
According to Surestay Hotel By Best Western's 2025 Franchise Disclosure Document, the brand can condition its agreement to any amendment or waiver. Specifically, Surestay Hotel By Best Western may require a franchisee to provide an estoppel and general release of claims in a form satisfactory to them before agreeing to an amendment or waiver. This release of claims would cover any potential legal actions the franchisee might have against Surestay Hotel By Best Western, its entities, and related parties.
This provision gives Surestay Hotel By Best Western significant leverage when considering changes to the franchise agreement. By requiring a release of claims, they can protect themselves from potential lawsuits arising from the amendment or waiver itself, or from past issues.
For a prospective franchisee, this means that any negotiation for changes to the franchise agreement could involve giving up legal rights. It is crucial to fully understand the implications of any estoppel and general release of claims before signing it. A franchisee should seek legal counsel to review the terms and ensure they are not unknowingly waiving valuable rights or claims against Surestay Hotel By Best Western. This is a fairly common practice in franchising, as franchisors want to avoid future litigation when making changes to existing agreements.