What is the relationship between the Franchise Agreement and the Rider for a Surestay Hotel By Best Western franchise?
Surestay_Hotel_By_Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
Y, INC. FRANCHISE AGREEMENT FOR USE IN ILLINOIS
This Rider (the "Rider") is made and entered into as of the Effective Date as stated in the Franchise Agreement (defined below), by and between SureStay, Inc., an Arizona corporation with its principal business address at 6201 N. 24th Parkway, Phoenix, Arizona 85016 ("we," "us" "our," or "Franchisor"), and ______ ("you," "your," or "Franchisee").
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- Background. We and you are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. This Rider is being signed because (a) the offer to sell or buy the franchise for the Hotel was made in the State of Illinois, and/or (b) the offer to sell or buy the franchise for the Hotel was made outside of the State of Illinois and accepted in the State of Illinois, and/or (c) you are domiciled in the State of Illinois, and/or (d) the franchised Hotel will be located in the State of Illinois.
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- Governing Law/Consent to Jurisdiction. The following language is added to the end of Section 17.2 of the Franchise Agreement:
However, Illinois law will apply to claims arising under the Illinois Franchise Disclosure Act and the parties submit to the jurisdiction and venue of the state and federal courts of competent jurisdiction in Illinois for claims arising under the Illinois Franchise Disclosure Act
- Waiver of Jury Trial. The following language is added to the end of Section 17.3 of the Franchise Agreement:
However, the waiver jury trial in this Section shall not apply to the extent prohibited by Section 705/41 of the Illinois Franchise Disclosure Act of 1987 or Illinois Regulations at Section 260.609.
- Limitation of Claims.
Source: Item 23 — Receipts (FDD pages 88–286)
What This Means (2025 FDD)
According to the 2025 Surestay Hotel By Best Western Franchise Disclosure Document, the Rider is an integral part of the Franchise Agreement. The Rider is signed concurrently with the Franchise Agreement and is annexed to it, forming a complete contractual understanding between Surestay Hotel By Best Western and the franchisee.
The purpose of the Rider is to address specific legal and regulatory requirements based on the franchisee's location. For instance, separate Riders are included for franchisees operating in or residing in states like Washington, New York, Minnesota, Maryland, Illinois, and Rhode Island. These Riders modify certain sections of the standard Franchise Agreement to ensure compliance with local franchise laws.
Specifically, the Riders often include additional clauses or modifications related to aspects such as releases, governing law, consent to jurisdiction, waivers of jury trials, limitations of claims, and termination conditions. In the event of any conflict between the standard Franchise Agreement and the Rider, the provisions of the Rider, which are tailored to the specific state's laws, will prevail. This ensures that the Surestay Hotel By Best Western franchise operates in accordance with local regulations, providing a legally sound framework for both the franchisor and the franchisee.