What is the scope of the release provided by the franchisee in the Surestay Hotel By Best Western agreement?
Surestay_Hotel_By_Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
ture partner | $ 75 | $ 175 |
RIDER TO THE SURESTAY, INC. FRANCHISE AGREEMENT FOR USE IN NEW YORK
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 concurrently with the signing of this Rider (the "Franchise Agreement"). This Rider is annexed to and forms part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the Hotel that you will operate under the Franchise Agreement was made in the State of New York, and/or (b) you are a resident of New York and will operate the Hotel in New York.
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- Releases. The following language is added to the end of Sections 13.2.3.4 and 17.9 of the Franchise Agreement:
- , provided, however, that to the extent required by Article 33 of the General Business Law of the State of New York, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of the proviso that the non-waiver provisions of GBL 687 and 687.5 be satisfied.
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- Our Transfer.
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, a rider to the franchise agreement is used in New York, which modifies the release provided by the franchisee.
Specifically, the rider states that the standard release clauses in Sections 13.2.3.4 and 17.9 of the franchise agreement are modified to ensure that franchisees in New York retain all rights and causes of action available to them under Article 33 of the General Business Law of the State of New York. This is to comply with the non-waiver provisions of GBL 687 and 687.5, which protect franchisees' rights under New York law.
This modification means that while franchisees generally provide a release of claims as part of the franchise agreement, New York franchisees retain their statutory rights under New York's General Business Law. This ensures that Surestay Hotel By Best Western franchisees in New York cannot waive certain legal protections afforded to them under New York franchise law.