Are the recitals to the Delta Hotels By Marriott agreement considered an integral part of the agreement?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
o ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Hotel and [ORGANIZATION NAME] pertaining to the Room Night Commitment and event. [ORGANIZATION NAME] acknowledges and agrees that it has entered into this agreement exclusively with Hotel, and not Marriott International, Inc. or any of its subsidiaries or affiliates. Hotel is an independent franchisee o
Source: Item 6 — Obligations of Franchisee.** Franchisee agrees to the following: (FDD pages 363–513)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Delta Hotels By Marriott franchise agreement includes an "ENTIRE AGREEMENT" clause. This clause specifies that the written agreement between the hotel and the organization constitutes the complete agreement regarding the room night commitment and event. It also clarifies that the organization enters the agreement solely with the hotel, not with Marriott International, Inc., or its affiliates. The agreement explicitly states that the hotel is an independent franchisee.
This "ENTIRE AGREEMENT" clause has significant implications for prospective Delta Hotels By Marriott franchisees. It means that any prior discussions, promises, or representations not included in the final written agreement are not legally binding. Franchisees must ensure that all essential terms and conditions are clearly documented in the agreement to avoid future disputes or misunderstandings.
Furthermore, the clause reinforces the franchisee's independent status, highlighting that they are responsible for fulfilling the agreement's obligations. Marriott International is not a party to the agreement between the hotel and the organization, which limits Marriott's direct liability or involvement in disputes arising from the agreement. This arrangement places the onus on the franchisee to manage their contractual relationships effectively and uphold their commitments.