factual

What section of the Franchise Agreement for Surestay Hotel By Best Western is modified by this Rider?

Surestay_Hotel_By_Best_Western Franchise · 2025 FDD

Answer from 2025 FDD Document

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").

    1. 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.
    1. Our Transfer. The following language is added to the end of Section 13.1 of the Franchise Agreement:

However, to the extent required by applicable law, no assignment will be made except to an assignee who, in our good faith judgment, is willing and able to assume our obligations under this Agreement.

  1. Termination by You. The following language is added to the end of Section 14.0 of the Franchise Agreement:

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").

    1. Releases. The following language is added to the end of Subsection 13.2.3.4 (entitled "Change of Ownership Transfer") and Section 17.9 (entitled "General Release") of the Franchise Agreement:

However, such general release will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law.

  1. Insolvency. The following language is added to the end of Section 14.2.6 of the Franchise Agreement:

; termination upon insolvency might not be enforceable under federal insolvency law (11 U.S.C. Sections 101 et seq.), but we and you agree to enforce this provision to the maximum extent the law allows.

  1. Governing Law/Consent to Jurisdiction. The following language is added to the end of Section 17.2 of the Franchise Agreement:

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").

    1. Releases. The following language is added to the end of Section 13.2.3.4 of the Franchise Agreement:
    • ; however, any release required as a condition of renewal and/or assignment/transfer will not apply to the extent prohibited by the Minnesota Franchises Law.
    1. Infringement. The following language is added to the end of Section 9.4 of the Franchise Agreement:

To the extent required by Minnesota Stat. Sec. 80C.12, Subd. 1(g), we will protect your right to use the Marks and indemnify you from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the Marks.

  1. Termination. The following is added to the end of Sections 14.1, 14.2, and 14.3 of the Franchise Agreement:

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").

    1. 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

  1. 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.

  1. Limitation of Claims. The following language is added as a new Section 17.19 of the Franchise Agreement:

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").

    1. Addition of Paragraphs. The following is added to the end of the Franchise Agreement:

In recognition of the requirements by the Washington Franchise Investment Protection Act and the Rules and Regulations promulgated thereunder (the "Act"), the Franchise Agreement of SureStay, Inc. shall be modified as follows:

In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.

RCW 19.100.180 may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.

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 specific sections of the Franchise Agreement modified by the Rider depend on the state in which the franchise is located. For franchisees in New York, the Rider modifies Sections 13.1, 13.2.3.4, 14.0 and 17.9 of the Franchise Agreement.

For Maryland franchisees, the Rider modifies Subsections 13.2.3.4, Sections 14.2.6, and 17.2 and 17.9 of the Franchise Agreement. For Minnesota franchisees, the Rider modifies Sections 9.4, 14.1, 14.2, 14.3 and 13.2.3.4 of the Franchise Agreement. For Illinois franchisees, the Rider modifies Sections 17.2, 17.3, and adds a new Section 17.19 to the Franchise Agreement. Finally, for Washington franchisees, the Rider adds paragraphs to the end of the Franchise Agreement, noting that the Washington Franchise Investment Protection Act may supersede the agreement in areas of termination and renewal.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.