Does Delta Hotels By Marriott enter into oral agreements regarding franchises?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
- 27.6 Entire Agreement. This Agreement and the Marriott Agreements are fully integrated and contain the entire agreement between the parties as it relates to this franchise, the Hotel and the Approved Location and, subject to Section 26.1.C., supersede and extinguish all prior statements, agreements, promises, assurances, warranties, representations and understandings, whether written or oral, by any Person.
Nothing in this Agreement is intended to require Franchisee to waive reliance on any representations made in the Disclosure Document.
- 27.7 Amendments. This 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.
Source: Item 23 — RECEIPTS (FDD pages 134–251)
What This Means (2025 FDD)
According to the 2025 Delta Hotels By Marriott Franchise Disclosure Document, the franchise agreement represents the entire agreement between the involved parties. Specifically, the document states that the franchise agreement supersedes any prior agreements, whether written or oral. Furthermore, the FDD states that Delta Hotels By Marriott franchise agreements can only be amended through a written document that has been executed by all parties.
This implies that Delta Hotels By Marriott does not recognize oral agreements as binding. This clause protects both the franchisee and franchisor by ensuring that all agreements are documented and agreed upon in writing, reducing the risk of misunderstandings or disputes based on verbal claims.
Prospective franchisees should be aware that any promises or representations made during the negotiation process that are not explicitly included in the written franchise agreement are not legally binding. It is essential for franchisees to ensure that all important terms and conditions are documented in the written agreement before signing.