Is failure to comply with the Standards a curable default for a Delta Hotels By Marriott franchise?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE OR OTHER AGREEMENT | SUMMARY1 | |
|---|---|---|---|
| g. | "Cause" defined-curable defaults | Section 19.2 | You have 30 days to cure: failure to |
| timely start and complete | |||
| construction/conversion, | |||
| renovation/repair, or open the hotel; | |||
| failure to pay amounts due; default of | |||
| any other agreement(s) entered into | |||
| between us and you; if you or any | |||
| owner, officer, director, or employee is | |||
| convicted of a serious crime or is | |||
| engaged in conduct that may adversely | |||
| affect the hotel, the system, any | |||
| Company Brand Hotel or us, and such | |||
| person is not terminated from its | |||
| relationship with you; failure to | |||
| comply with the Standards; or any | |||
| other breach of the franchise | |||
| agreement or other agreements | |||
| between us and you that is not listed in | |||
| Section 19.1 (including, without | |||
| limitation, failure to procure and | |||
| maintain required insurance; failure to | |||
| indemnify us; or failure to comply | |||
| with condemnation/casualty | |||
| provisions). |
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 111–120)
What This Means (2025 FDD)
According to Delta Hotels By Marriott's 2025 Franchise Disclosure Document, failure to comply with the Standards is considered a curable default. This means that if a franchisee fails to meet the brand's operational or quality standards, they will be given an opportunity to correct the issue and avoid termination of the franchise agreement.
The FDD specifies that a franchisee has 30 days to cure a failure to comply with the Standards. This cure period allows the franchisee time to address the non-compliance, implement corrective measures, and demonstrate to Delta Hotels By Marriott that they are committed to meeting the required standards. The Standards cover a wide range of operational aspects, including service protocols, facility maintenance, and brand representation.
It is important for prospective Delta Hotels By Marriott franchisees to understand the specific requirements outlined in the Standards and to ensure they have the resources and capabilities to consistently meet them. Failure to do so could lead to a notice of default and the need to take corrective action within the specified timeframe. While the default is curable, repeated or egregious violations could still jeopardize the franchise agreement. Therefore, franchisees should prioritize compliance with the Standards to maintain a positive relationship with Delta Hotels By Marriott and ensure the long-term success of their business.