Does the definition of 'Agreement' for Delta Hotels By Marriott include amendments?

According to Delta Hotels By Marriott's 2025 Franchise Disclosure Document, the definition of "Agreement" includes any amendments. Specifically, the "Agreement" means the Franchise Agreement, including all exhibits and attachments, and any amendments that may be made to it. This means that any changes or modifications to the original agreement will also be considered part of the overall agreement between Delta Hotels By Marriott and the franchisee.

This definition is important for prospective franchisees because it clarifies that the terms and conditions of the franchise relationship are not static. The agreement can be modified over time through written amendments. Franchisees need to pay close attention to any amendments made to the agreement, as these changes will be binding and could affect their rights and obligations.

Delta Hotels By Marriott also specifies in Section 27.7 that the agreement may only be amended in a written document that has been duly executed by the parties and may not be amended by conduct manifesting assent, and each party is put on notice that any individual purporting to amend this Agreement by conduct manifesting assent is not authorized to do so. This protects both the franchisor and franchisee from implied amendments or informal changes to the agreement, ensuring that all modifications are documented and agreed upon in writing.