Can the Delta Hotels By Marriott agreement be modified, amended, or superseded orally?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
This Letter Agreement (a) sets forth the entire agreement between the parties pertaining to the subject matter of this Letter Agreement, (b) is governed by and construed under the laws of the State of Maryland, which laws will prevail in the event of any conflict of law, (c) is not assignable by Franchisee without the consent of Marriott, (d) is binding upon and inures to the benefit of the parties and their permitted successors and assigns, and (e) may be executed in counterparts, all of which constitute one and the same instrument. Delivery of an executed signature page by electronic transmission is as effective as an original signed counterpart. Upon execution by Franchisee and Marriott of a franchise agreement for the Hotel, this Letter Agreement shall automatically terminate and be superseded by the provisions of the franchise agreement.
Source: Item 6 — Obligations of Franchisee.** Franchisee agrees to the following: (FDD pages 363–513)
What This Means (2025 FDD)
Based on the 2025 Delta Hotels By Marriott Franchise Disclosure Document, the Letter Agreement between the franchisee and Marriott includes a clause addressing the entirety of the agreement. Specifically, it states that the Letter Agreement sets forth the entire agreement between the parties regarding the subject matter within the agreement.
This clause explicitly defines the scope of the agreement, indicating that all terms and conditions are contained within the written document. This is a standard provision to prevent disputes based on verbal understandings or promises made outside the written contract.
For a prospective Delta Hotels By Marriott franchisee, this means that any modifications, amendments, or waivers to the Letter Agreement must be documented in writing to be valid and enforceable. Oral agreements or understandings will not be recognized, providing clarity and legal certainty for both parties. This clause helps to ensure that all obligations and rights are clearly defined and agreed upon in writing, reducing the risk of misunderstandings or disagreements in the future.