When submitting an application to Delta Hotels By Marriott, what does the applicant acknowledge and agree to by signing?
Delta_Hotels_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
t are the subject of the Application.
(d) Applicant has legal control over the site for each hotel (to the extent specified above), as set forth in the Application, through fee ownership, leasehold, or a purchase contract.
(e) Applicant has received a Franchise Disclosure Document for each brand under which Applicant seeks to operate a hotel, is familiar with the franchise system(s) under which Applicant seeks to operate hotels, and understands the requirements for each such system as described in each respective brand's Franchise Disclosure Document.
(f) Neither Applicant, nor any entity of which Applicant has held the position of general partner, managing member or beneficial owner, is or has been (i) a defendant in civil litigation alleging fraud, deceit or similar claims; (ii) convicted of a criminal offense or the subject of a pending criminal proceeding (other than minor traffic offenses); (iii) the subject of a petition for protection under any bankruptcy or similar insolvency laws; (iv) a defaulting party in a foreclosure proceeding; or (v) the subject of disciplinary action with respect to the suspension or revocation of a professional or gaming license; and all of the information contained in the Application is true, correct, complete and not misleading through omission of material information, as of the date hereof.
(g) Neither Applicant nor any affiliate of Applicant (i) has any claims against Franchisor or any of Franchisor's affiliates or (ii) is a Competitor or a Restricted Person, as such terms are defined in the Agreements (see the form agreements attached to the FDD).
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- Applicant acknowledges and agrees that:
(a) Applicant is submitting this Application either as the person or entity that will sign one or more Agreements, or as the person or entity that will control the proposed franchisee or area developer for each hotel, as applicable.
(b) Franchisor reserves the right to approve or deny this Application with respect to one or more hotels, in its sole discretion. Applicant will not acquire any rights by virtue of the submission of the Application whether or not Franchisor approves the Application. Any expenses incurred by or on behalf of Applicant in connection with this Application or any approval of this Application (including without limitation any costs of constructing, renovating or operating the proposed hotel(s)) are at Applicant's sole risk and are not being made in reliance on any action of Franchisor.
(c) Franchisor does not enter into oral agreements or understandings with respect to franchises or matters pertaining to the grant of a franchise.
Source: Item 23 — RECEIPTS (FDD pages 134–251)
What This Means (2025 FDD)
According to the 2025 Delta Hotels By Marriott Franchise Disclosure Document, as an applicant, you acknowledge and agree to several conditions when submitting your application. You confirm that you are either the person or entity that will sign the franchise agreement or the one controlling the franchisee or area developer. Delta Hotels By Marriott retains the right to approve or deny your application for one or more hotels at their discretion, and submitting the application does not grant you any rights, regardless of approval.
You bear the sole risk for any expenses incurred during the application process, including construction, renovation, or operation costs, and these costs are not reliant on any action by Delta Hotels By Marriott. You also acknowledge that Delta Hotels By Marriott does not enter into oral agreements regarding franchises, meaning no unwritten understandings exist concerning your application or any potential franchise.
Furthermore, you agree that Delta Hotels By Marriott may operate or grant others the right to operate similar hotels or businesses at any location, including those near your proposed site, without providing you any exclusive territorial rights. You also acknowledge that Delta Hotels By Marriott has not participated in the preparation of any financial information you provide and makes no representations about its accuracy. If a Franchise Agreement is established but its effective date doesn't align with the first day of a Marriott accounting period, you may be responsible for all amounts due for the entire accounting period, excluding royalty fees and marketing fund contributions.