Can the Delta Hotels By Marriott agreement be executed in multiple counterparts?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
15.1 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and all of which constitute one and the same instrument. Delivery of an electronic signature or an executed signature page by electronic transmission is as effective as delivery of an original signed counterpart. Each party hereto waives any defenses to the enforceability of the terms of this Agreement based on the foregoing forms of signature.
Source: Item 11 — FINANCING OF THE HOTEL (FDD pages 259–279)
What This Means (2025 FDD)
According to the 2025 Delta Hotels By Marriott Franchise Disclosure Document, the agreement can be executed in any number of counterparts. This means that the agreement does not require all parties to sign the same physical document. Each counterpart is considered an original, and all counterparts together constitute a single agreement.
Delta Hotels By Marriott also states that delivering a signature electronically is as effective as delivering an original signed counterpart. This allows for flexibility in the signing process, as parties can sign and transmit the signature page electronically rather than having to physically exchange documents. This can expedite the agreement process, especially when parties are geographically separated.
Delta Hotels By Marriott specifies that each party waives any defenses to the enforceability of the terms of the agreement based on electronic signatures. This provides assurance that the use of electronic signatures will not be a basis for challenging the validity of the agreement. This is a fairly standard clause in modern franchise agreements, reflecting the widespread acceptance and use of electronic signatures in business transactions.