Does the assigning party remain financially responsible for the assigned obligations in the case of any assignment of the Crowne Plaza agreement?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
10.6 Assignment and Subcontracting.
(a) Eligible Participant may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under this Agreement to an Eligible Participant Affiliate. AT&T may, without Eligible Participant's consent but upon notice to Eligible Participant, assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations.
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to the 2025 Crowne Plaza FDD, in the event of an assignment of rights and obligations under the agreement, the assigning party remains financially responsible for the performance of the assigned obligations. This condition applies specifically to the agreement between an Eligible Participant and AT&T, outlining the terms under which either party may assign their rights and obligations. AT&T may assign its rights and obligations to an AT&T Affiliate with notice to the Eligible Participant. Similarly, an Eligible Participant can assign its rights and obligations to an Eligible Participant Affiliate with notice to AT&T.
This clause ensures that even if a party assigns its responsibilities to another entity, the original party remains accountable for ensuring those obligations are fulfilled. This provides a layer of security and continuity for the other party involved in the agreement. For a Crowne Plaza franchisee, this means that if AT&T assigns its obligations to another provider, AT&T remains responsible for ensuring those obligations are met.
However, it's important to note that this specific clause applies to the agreement between Eligible Participants and AT&T, and not necessarily to the franchise agreement between Crowne Plaza (Holiday Hospitality Franchising, LLC) and its franchisees. The FDD does not explicitly state whether Holiday Hospitality Franchising, LLC remains financially responsible if they assign their rights, duties, or obligations under the franchise agreement. A prospective franchisee should seek clarification from Crowne Plaza regarding their financial responsibilities after assignment.