In the covenant not to sue, who are considered the 'Assignor Parties' for Delta Hotels By Marriott?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Covenant not to Sue. Effective as of the Assignment Effective Date, Assignor, on behalf of itself and its Affiliates and subsidiaries and their respective current and former owners, officers, directors, shareholders, partners, employees, predecessors, successors, attorneys, agents, representatives, and assigns and all other Persons acting on their behalf or claiming under any of them (collectively, the "Assignor Parties"), hereby covenants not to bring any suit, action, or proceeding, or make any demand or Claim of any type, against Franchisor, its Affiliates and subsidiaries, and their respective current and former officers, directors, shareholders, partners, employees, predecessors, successors, attorneys, agents, representatives, and assigns (collectively, the "Franchisor Parties") with respect to, relating to, or in connection with the Assignor Released Claims, as defined below.
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 Delta Hotels By Marriott's 2025 Franchise Disclosure Document, the 'Assignor Parties' in the covenant not to sue include several entities and individuals connected to the assignor. Specifically, this encompasses the assignor themselves, along with their affiliates and subsidiaries.
Furthermore, the definition extends to the current and former owners, officers, directors, shareholders, partners, employees, predecessors, successors, attorneys, agents, representatives, and assigns of the assignor, their affiliates, and subsidiaries. It also includes all other persons acting on behalf of or claiming under any of these individuals or entities.
This broad definition ensures that the covenant not to sue covers a wide range of parties potentially related to the assignor, preventing them from bringing any claims against Delta Hotels By Marriott and its related parties (the 'Franchisor Parties') regarding the 'Assignor Released Claims'. This is a standard legal practice to protect the franchisor from future litigation arising from the transferred franchise.