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In the context of The Standardx franchise, what is the impact of a 'suspension of operations' on the calculation of 'Average Monthly Revenue'?

The_Standardx Franchise · 2025 FDD

Answer from 2025 FDD Document

Notwithstanding the foregoing, if "Average Monthly Revenues" as determined pursuant to any part of (a) through (c) above has been materially and negatively impacted during the preceding twelve (12) full calendar month period by a disruption in Hotel operations resulting from Force Majeure, casualty, suspension of operations (whether or not consented to by Hyatt), renovation of the Hotel, or any other similar circumstances, "Average Monthly Revenue" shall be determined by reference to the most recent twelve (12) full calendar month period preceding termination during which the Hotel performance was not so impacted.

Source: Item 18 — OTHER INCOME (LOSS), NET (FDD pages 187–399)

What This Means (2025 FDD)

According to The Standardx's 2025 Franchise Disclosure Document, a 'suspension of operations' can impact the calculation of 'Average Monthly Revenue.' Specifically, if the Average Monthly Revenues have been materially and negatively impacted during the preceding twelve full calendar month period by a disruption in Hotel operations resulting from a suspension of operations, the Average Monthly Revenue will be determined by referencing the most recent twelve full calendar month period preceding termination during which the Hotel performance was not so impacted.

This means that if a The Standardx hotel experiences a suspension of operations that significantly reduces its revenue, the calculation of Average Monthly Revenue will not be based on that period of reduced performance. Instead, the calculation will revert to a prior 12-month period when the hotel's performance was not affected by such disruptions. This adjustment aims to provide a more accurate representation of the hotel's typical revenue-generating capacity.

For a prospective The Standardx franchisee, this provision offers a degree of protection. If unforeseen circumstances lead to a suspension of operations and a subsequent dip in revenue, the franchisee's financial obligations or any calculations tied to Average Monthly Revenue (such as liquidated damages) will be based on a more representative period of normal operation. This can be particularly beneficial in situations where factors beyond the franchisee's control temporarily hinder the hotel's performance. However, it is important to note that this adjustment only applies if the impact is deemed 'material and negative,' so minor disruptions may not trigger this recalculation.

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.