What are some examples of confidential information provided by Delta Hotels By Marriott to the franchisee?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
whole or in part, any documentation, software or other confidential information, knowledge, or know-how associated with the Services provided under this Agreement which may be communicated or provided to Franchisee, or of which Franchisee may be apprised, by virtue of Franchisee's operation under this Agreement, or otherwise make the same available to any unauthorized person. Franchisee shall divulge such information only to such of Franchisee's employees or agents as must have access to it in order to operate the Hotel; all other persons shall be deemed "unauthorized" for purposes of this Agreement. All such information, including without limitation, aggregated, anonymized market data and recommendations by Franchisor regarding rates, pricing, inventory, room allocations and rate allocations, is confidential and provided by Franchisor to Franchisee solely for the purposes of operating the Hotel, and Franchisee expressly acknowledges that such information shall not be used or considered in any respect by the Franchisee in reaching decisions for any other hotels owned, operated or franchised by the Franchisee. Franchisee further acknowledges that it will not divulge to Franchisor any confidential information, including business strategies or pricing, about non-Marriott properties that Franchisee owns, operates, or franchises. The information that is the subject of this Section 2 shall be deemed "Confidential Information" for purposes of the Franchise Agreement. The obligations of Franchisee under this Section 2 shall survive the termination of this Agreement.
Source: Item 7 — Franchisor reserves the right to challenge the applicability of any law that declares provisions in the Agreement void or unenforceable. (FDD pages 288–363)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Delta Hotels By Marriott provides franchisees with confidential information critical for operating their hotels. This information includes documentation, software, knowledge, and know-how associated with the services provided under the Franchise Agreement. Franchisees gain access to this information through their operation under the agreement.
Specifically, Delta Hotels By Marriott considers aggregated, anonymized market data and recommendations regarding rates, pricing, inventory, room allocations, and rate allocations as confidential. This data is provided solely for the purpose of operating the Delta Hotels By Marriott hotel. Franchisees are expressly prohibited from using this information for any other hotels they may own, operate, or franchise.
The Franchise Agreement emphasizes that franchisees must limit the distribution of this confidential information to only those employees or agents who require access to it for hotel operations. All other individuals are deemed unauthorized. The franchisee's obligations to protect this information survive the termination of the Franchise Agreement, highlighting the enduring importance of maintaining confidentiality.