For Delta Hotels By Marriott, what condition must be met for each provision of the Amendment to the Agreement to be effective?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
f the Illinois Franchise Disclosure Act, then such provisions of the Act will apply.
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- Section 24.1 ("Governing Law, Arbitration, and Jurisdiction") of the Agreement is supplemented by the following:
- C. If any of the provisions of this Section 24.l of the Agreement are inconsistent with the provisions of Section 705/4 or 705/41 of the Illinois Franchise Disclosure Act, then such Illinois law will apply to the extent such law is constitutional and the jurisdictional requirements of the Illinois Franchise Disclosure Act (as amended) are met, provided that the Agreement may provide for arbitration in a forum outside of Illinois.
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- Section 24.4 ("WAIVER OF PUNITIVE DAMAGES") and Section 24.5 ("WAIVER OF JURY TRIAL") of the Agreement are supplemented by the following:
If any of the provisions of this Section of the Agreement are inconsistent with the provisions of Section 705/41 of the Illinois Franchise Disclosure Act, then such provisions of the Act will apply to the extent such law is constitutional and the jurisdictional requirements of the Illinois Franchise Disclosure Act (as amended) are met.
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- Section 26.2 ("Additional Franchisee Acknowledgments and Representations") of the Agreement is supplemented by the following:
- F. If any of the acknowledgments in this Section 26.2 of the Agreement are inconsistent with the provisions of Section 705/41 of the Illinois Franchise Disclosure Act, then such Illinois law will apply to the extent such law is constitutional and the jurisdictional requirements of the Illinois Franchise Disclosure Act (as amended) are met.
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- Each provision of this Amendment to the Agreement will be effective only to the extent that the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently with respect to each such provision and without reference to this Amendment to the Agreement.
Source: Item 17 — , "Renewal, Termination, Transfer, and Dispute Resolution," is amended by the addition of the following paragraph(s) at the conclusion of the Item: (FDD pages 279–288)
What This Means (2025 FDD)
According to the 2025 FDD, for franchisees in Illinois, each provision of the Amendment to the Agreement with Delta Hotels By Marriott will be effective only if the jurisdictional requirements of the Illinois Franchise Disclosure Act are independently met for each provision. This means that the applicability and enforcement of each amended section are contingent upon compliance with Illinois franchise law, without relying on the amendment itself to establish jurisdiction.
Similarly, for franchisees in Hawaii, each provision of the Amendment to the Agreement that relates to the Hawaii Franchise Investment Law will be effective only to the extent that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently for each provision. This ensures that the amendment's provisions are valid and enforceable under Hawaii law, separate from the amendment's existence.
For franchisees in Washington, each provision of the Amendment to the disclosure document will be effective only to the extent that the jurisdictional requirements of the Washington Franchise Investment Protection Act are met independently for each provision. This means that the enforceability of any amended term depends on whether it independently complies with Washington's franchise laws.
For franchisees in Rhode Island and Virginia, the effectiveness of each provision within the amendment is contingent upon meeting the jurisdictional requirements of their respective franchise investment acts independently, without reference to the amendment itself. This ensures that the amendments comply with state-specific franchise laws and are enforceable within those jurisdictions.