What constitutes a waiver of rights under the Surestay Hotel By Best Western agreement?
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.
- 17.6.2 Any waiver by us of a breach of any provision of this Agreement, or of any breach of any other requirement or policy of ours, shall not operate or be construed as a waiver of any subsequent breach thereof. Any delay by us of enforcement of obligations shall not be deemed to be a waiver of our or the Entities' right to enforce the obligation.
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, a waiver of any provision within the franchise agreement must be in writing to be binding. Specifically, any change, termination, attempted waiver, or cancellation of any provision must be explicitly designated as an amendment or waiver and signed by one of Surestay Hotel By Best Western's officers. This requirement ensures that any modifications or waivers are formally documented and authorized by the company.
Surestay Hotel By Best Western may also require a franchisee to provide an estoppel and general release of claims against them, their entities, and related parties as a condition for agreeing to an amendment or waiver. This protects Surestay Hotel By Best Western from potential future claims related to the waived provision.
Furthermore, any past waiver of a breach by Surestay Hotel By Best Western does not act as a waiver for any future breaches. Similarly, any delay in enforcing obligations will not be considered a waiver of their right to enforce that obligation or the Entities' right. This ensures that Surestay Hotel By Best Western retains the right to enforce all terms of the agreement in the future, regardless of any previous leniency.