Who is considered the Franchisee in the Guaranty of Surestay Hotel By Best Western Franchise Agreement?
Surestay_Hotel_By_Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
For value received, Best Western International, Inc., located at 6201 N. 24th Parkway, Phoenix, Arizona 85016 (the "Guarantor"), absolutely and unconditionally guarantees to assume the duties of SureStay, Inc., located at 6201 N. 24th Parkway, Phoenix, Arizona 85016 (the "Franchisor") under its franchise registration in each state where its franchise is registered or exempt from registration, as applicable, and under its Franchise Agreement as identified in its 2025 Franchise Disclosure Document, as it may be amended, and as that Franchise Agreement may be entered into with franchisees and amended, modified or extended, from time to time. This guaranty continues until all such obligations of the Franchisor under the franchise registration or franchise exemption (as applicable) and Franchise Agreement are satisfied or until liability of the Franchisor under the Franchise Agreement has been completely discharged, whichever first occurs. Guarantor is not discharged from liability if a claim by the franchisee against the Franchisor remains outstanding. Notice of acceptance is waived. The Guarantor does not waive receipt of notice of default on the part of the Franchisor. This guarantee is binding on the Guarantor and on its successors and assigns.
Source: Item 23 — Receipts (FDD pages 88–286)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, the Guaranty of Performance outlines the roles of the 'Guarantor' and the 'Franchisor' in relation to the 'franchisee.' In this agreement, Best Western International, Inc. serves as the Guarantor, assuming the duties of SureStay, Inc., which is the Franchisor. The agreement pertains to the Franchise Agreement entered into with franchisees.
The Guaranty of Performance ensures that Best Western International, Inc. will fulfill the obligations of SureStay, Inc. under the franchise registration and the Franchise Agreement. This guarantee remains in effect until all obligations of SureStay, Inc. are met or the liability of SureStay, Inc. under the Franchise Agreement is completely discharged.
This arrangement provides a level of security for the franchisee, as Best Western International, Inc. provides an assurance that the obligations of SureStay, Inc. will be met. The agreement specifies that the Guarantor is not discharged from liability if a claim by the franchisee against the Franchisor remains outstanding, further protecting the franchisee's interests.