What right does a Delta Hotels By Marriott participant waive by signing the Participation Agreement?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (a) The Customer Agreement and the Pricing Schedules described in Section 4 are incorporated herein by reference. Participant shall be bound by the terms and conditions of the Customer Agreement and by all current or future amendments thereto, all of which are incorporated herein by reference, as they relate to Participant's purchase of Services under this Participation Agreement without the necessity of further action or notice by AT&T. Participant hereby consents to and waives notice of any such amendments (including, without limitation, any amendments extending the term of the Customer Agreement, or adding, deleting, or modifying and Pricing Schedule.) The Customer Agreement has been pre-negotiated by and between AT&T and Customer, and only Customer may enter into amendments or modifications to the Customer Agreement.
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- Participant may request a copy of the relevant portions of Customer Agreement directly from Marriott. AT&T shall have no obligation to provide Participant a copy of the Customer Agreement including any Pricing Schedule.
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 Delta Hotels By Marriott FDD, a participant in the AT&T services program waives the right to receive notice of any amendments to the Customer Agreement between AT&T and Marriott. This includes amendments that extend the term of the Customer Agreement or modify any pricing schedules.
In practical terms, this means a Delta Hotels By Marriott franchisee will be bound by any changes AT&T and Marriott agree to regarding the services, pricing, or terms, without necessarily being informed beforehand. The franchisee consents to these changes in advance by entering the Participation Agreement. This waiver is significant because it gives Marriott the flexibility to adjust the terms of the AT&T services without needing to individually notify each participating franchisee.
This arrangement is in place because the Customer Agreement is pre-negotiated between AT&T and Marriott, and only Marriott has the authority to make amendments or modifications to it. The franchisee's role is limited to purchasing services under the existing terms and any subsequent amendments. While the franchisee can request a copy of the relevant portions of the Customer Agreement from Marriott, AT&T has no obligation to provide it.
Delta Hotels By Marriott franchisees should carefully consider the implications of this waiver, as it could lead to unexpected changes in service terms or pricing. It is advisable to maintain open communication with Marriott to stay informed about any potential modifications to the Customer Agreement that could affect their operations.