In the Delta Hotels By Marriott FDD, what is included in the definition of 'Loss'?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
"Loss" means any cost, damage, disbursement, expense, liability, loss, deficiency, diminution in value, obligation, penalty or settlement of any kind or nature, including without limitation interest or other carrying costs, penalties, legal, accounting and other professional fees and expenses incurred in the investigation, collection, prosecution and defense of actions or claims and amounts paid in settlement, that may be imposed on or otherwise incurred or suffered by the specified person.
Source: Item 6 — Obligations of Franchisee.** Franchisee agrees to the following: (FDD pages 363–513)
What This Means (2025 FDD)
According to Delta Hotels By Marriott's 2025 Franchise Disclosure Document, the term 'Loss' is comprehensively defined within the context of obligations of the franchisee. It encompasses a wide array of potential financial detriments that the franchisee might incur. This definition is crucial as it sets the stage for understanding the financial responsibilities and potential liabilities that Delta Hotels By Marriott franchisees may face during their operation.
Specifically, 'Loss' includes any cost, damage, disbursement, expense, liability, loss, deficiency, diminution in value, obligation, penalty, or settlement. This broad categorization ensures that various types of financial burdens are covered under the agreement. The definition extends to include interest or other carrying costs and penalties, highlighting that the financial impact of a 'Loss' is not limited to the initial cost but can also include associated financial charges.
Furthermore, the definition explicitly incorporates legal, accounting, and other professional fees and expenses incurred during the investigation, collection, prosecution, and defense of actions or claims. This aspect is particularly important for prospective franchisees, as it indicates that they may be responsible for covering the costs of legal and professional services related to any claims or actions. Finally, 'Loss' also includes amounts paid in settlement, emphasizing that any settlements reached in disputes or claims are also considered part of the franchisee's potential financial obligations under the agreement with Delta Hotels By Marriott.