What is the applicant warranting when submitting the application for a Delta Hotels By Marriott franchise?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
In connection with processing and evaluating the application, Franchisor and its affiliates may rely on each of the following representations, warranties, acknowledgments and agreements and all information provided by us or on our behalf in connection with this application (collectively, the "Application").
1. The undersigned, jointly and severally, represent and warrant that:
- (b) All of the information contained in the Application is true, correct, complete and not misleading through omission of material information, as of the date hereof.
- (c) Applicant has authority to submit the Application and to enter into an area development agreement or franchise agreement with Franchisor with respect to each hotel identified herein (each an "Agreement" and collectively the "Agreements"). Neither the Application nor the execution of each Agreement will conflict with any obligations of Applicant to other parties. Franchisor has not induced Applicant to terminate or breach any agreement with respect to the hotel or hotels that are the subject of the Application.
- (d) Applicant has legal control over the site for each hotel (to the extent specified above), as set forth in the Application, through fee ownership, leasehold, or a purchase contract.
- (e) Applicant has received a Franchise Disclosure Document for each brand under which Applicant seeks to operate a hotel, is familiar with the franchise system(s) under which Applicant seeks to operate hotels, and understands the requirements for each such system as described in each respective brand's Franchise Disclosure Document.
- (f) Neither Applicant, nor any entity of which Applicant has held the position of general partner, managing member or beneficial owner, is or has been (i) a defendant in civil litigation alleging fraud, deceit or similar claims; (ii) convicted of a criminal offense or the subject of a pending criminal proceeding (other than minor traffic offenses); (iii) the subject of a petition for protection under any bankruptcy or similar insolvency laws; (iv) a defaulting party in a foreclosure proceeding; or (v) the subject of disciplinary action with respect to the suspension or revocation of a professional or gaming license; and all of the information contained in the Application is true, correct, complete and not misleading through omission of material information, as of the date hereof.
- (g) Neither Applicant nor any affiliate of Applicant (i) has any claims against Franchisor or any of Franchisor's affiliates or (ii) is a Competitor or a Restricted Person, as such terms are defined in the Agreements (see the form agreements attached to the FDD).
Source: Item 23 — RECEIPTS (FDD pages 134–251)
What This Means (2025 FDD)
According to the 2025 FDD, when submitting an application for a Delta Hotels By Marriott franchise, the applicant represents and warrants several key points to MIF, L.L.C. These include confirming that all information provided in the application is true, correct, complete, and not misleading. This encompasses all materials and information provided by the applicant or on their behalf related to obtaining the franchise.
Furthermore, the applicant warrants that they have the authority to submit the application and enter into an area development agreement or franchise agreement with Delta Hotels By Marriott, ensuring that neither the application nor the execution of any agreement will conflict with their obligations to other parties. They also confirm that Delta Hotels By Marriott has not induced them to terminate or breach any existing agreements related to the hotel. The applicant must also demonstrate legal control over the site for each hotel, whether through fee ownership, leasehold, or a purchase contract.
Additionally, the applicant acknowledges having received the Franchise Disclosure Document for each brand they seek to operate under, confirming their familiarity with the franchise systems and understanding the requirements outlined in each brand's FDD. They also warrant that neither they nor any related entity has been involved in civil litigation alleging fraud, criminal offenses, bankruptcy proceedings, foreclosure, or disciplinary actions related to professional or gaming licenses. Finally, the applicant confirms that they and their affiliates have no claims against Delta Hotels By Marriott and are not considered a competitor or restricted person as defined in the franchise agreements.
These representations and warranties are crucial for Delta Hotels By Marriott to assess the applicant's suitability and financial stability, ensuring a transparent and legally sound franchising process. Prospective franchisees should carefully review these warranties to ensure they can fully comply with these requirements before submitting their application, as any misrepresentation could have significant legal and financial consequences.