Embassy_Suites 2025 FDD FAQ
3272 questions and answers from the Embassy_Suites 2025 Franchise Disclosure Document.
Showing all 3272 questions
aggregated_summary
What is the estimated total initial investment range for an Embassy Suites franchise, excluding real estate costs, market study, insurance, interest, and costs of improvements under a conversion, re-licensing or change of ownership license?
aggregated_summary
How much in other receivables due from Hilton affiliates did Embassy Suites settle in 2024, 2023, and 2022, respectively, and how were these settlements presented in the statements of cash flows?
aggregated_summary
What are the required actions for a franchisee seeking a Permitted Transfer that requires notice and consent from Embassy Suites?
aggregated_summary
What was the total number of Embassy Suites franchise transfers across all states in 2024?
aggregated_summary
What was the total number of Embassy Suites franchise transfers in California from 2022 to 2024?
aggregated_summary
comparative
What is the auditor's responsibility regarding the detection of material misstatements in Embassy Suites' financial statements due to fraud versus error?
comparative
Besides Embassy Suites, what other Hilton brands are listed as options on the application form?
comparative
How does the definition of 'Brand' for Embassy Suites differ from the definition for 'Embassy Suites by Hilton'?
comparative
Does the definition of 'Brand' for Embassy Suites include hotels that are branded as 'Canopy'?
comparative
Does the definition of 'Brand' for Embassy Suites include hotels that are branded as 'Hilton Garden Inn'?
comparative
Does the definition of the 'Brand' for Embassy Suites include hotels that are simply branded as 'Hilton'?
comparative
For the Embassy Suites financial performance results detailed in Item 19, which years are being compared?
comparative
How does the Franchise Application Fee for a new Embassy Suites development or conversion in Item 5 relate to the payment timing specified in Item 7?
comparative
How do the initial fees for an Embassy Suites franchise in Item 5 compare to the ongoing fees described in Item 6?
comparative
In which of the listed states did zero Embassy Suites franchise transfers occur in all three years (2022, 2023, and 2024)?
comparative
How do the ongoing fees for an Embassy Suites franchise in Item 6 compare to the estimated initial investment detailed in Item 7?
comparative
How is the 'Opening Date' defined differently for the eforea spa compared to the Embassy Suites hotel itself?
comparative
How does the potential for development incentives for Embassy Suites franchisees mentioned in Item 10 relate to the initial fees outlined in Item 5?
comparative
What is the relationship between the initial fees for an Embassy Suites franchise in Item 5 and the estimated initial investment detailed in Item 7?
comparative
Is there a predecessor international franchisor entity listed for the Canopy brand, similar to the one listed for Embassy Suites?
comparative
condition
If an Embassy Suites franchisee acquires OnQ hardware from a non-preferred third party, what additional payment is required?
condition
If an Embassy Suites franchisee operates an eforea spa, what purchasing obligations to Hilton Supply Management LLC (HSM) are they subject to?
condition
Under what condition is an Embassy Suites franchisee prohibited from moving or performing maintenance on Authorized Equipment?
condition
conditional
Does Embassy Suites have the ability to modify or change the 'Chain Code' for the Brand, and if so, under what conditions?
conditional
Is access to the Reservation Service for Embassy Suites hotels conditional on compliance with the Franchise Agreement?
conditional
According to the California Addendum, can an Embassy Suites Franchise Agreement require litigation, arbitration, or mediation to be conducted in a forum other than the State of California?
conditional
According to California law, under what conditions might a covenant not to compete extending beyond the expiration or termination of the Embassy Suites Franchise Agreement be unenforceable?
conditional
According to FA §13.2 (11), what specific action related to being owned or controlled by a Sanctioned Person can lead to termination of the Embassy Suites franchise?
conditional
According to FA §13.2 (12), does the information disclosed have to directly involve Embassy Suites for it to adversely affect gaming licenses?
conditional
According to FA §13.2 (15), is there any exception to the rule that becoming a competitor leads to termination of the Embassy Suites franchise?
conditional
According to FA §13.2 (16), does the termination of any of Your Hotel Agreements based on a breach by your Affiliates lead to termination of the Embassy Suites franchise?
conditional
According to FA §13.2 (16), does the termination of any of Your Hotel Agreements based on a breach by you lead to termination of the Embassy Suites franchise?
conditional
According to FA §13.2 (9), does attempting to defraud Embassy Suites lead to termination of the franchise?
conditional
According to FA §13.2 (9), does concealing revenues for the Embassy Suites franchise lead to termination?
conditional
According to FA §13.2 (8), does the conduct of any Affiliate of the Embassy Suites franchisee that adversely reflects on the business lead to termination?
conditional
According to FA §13.2 (8), does the conduct of any employee of the Embassy Suites franchisee's Management Company that adversely reflects on the business lead to termination?
conditional
According to FA §13.2 (8), does the conduct of any Equity Owner with a controlling Equity Interest of the Embassy Suites franchisee that adversely reflects on the business lead to termination?
conditional
According to FA §13.2 (9), does maintaining false books and records of accounts for the Embassy Suites franchise lead to termination?
conditional
According to FA §13.2 (9), what specific actions related to defrauding Embassy Suites can lead to termination of the franchise?
conditional
According to FA §13.2 (9), does submitting false reports to Embassy Suites lead to termination of the franchise?
conditional
According to the Embassy Suites FDD, under what conditions are additional software programs licensed to the Customer?
conditional
According to the Illinois addendum, what governing law applies to the Embassy Suites Franchise Agreement, considering the Illinois Franchise Disclosure Act?
conditional
According to Item 19, under what conditions can financial performance information differing from that included in Item 19 be given for Embassy Suites?
conditional
According to the Microsoft Participation Agreement, what happens if Embassy Suites violates the U.S. export jurisdiction laws?
conditional
According to the New York Franchise Sales Act addendum, under what condition will Embassy Suites assign its rights under the Franchise Agreement?
conditional
According to the Embassy Suites Shared Facilities Addendum, what happens if the franchisee fails to comply with the transfer provisions?
conditional
According to the Embassy Suites Shared Facilities Addendum, what happens if the shared facilities fail to meet system standards?
conditional
According to the Virginia Retail Franchise Act addendum, what constitutes 'reasonable cause' for Embassy Suites to cancel a franchise agreement in Virginia?
conditional
Where must any action related to the Embassy Suites Guaranty be brought if the U.S. District Court for the Eastern District of Virginia lacks subject matter jurisdiction?
conditional
For Embassy Suites, what agreement takes precedence in the event of a conflict between the TSP Agreement and the HITS Agreement?
conditional
Is Embassy Suites allowed to rent, lease, lend, or host products under the Microsoft Participation Agreement?
conditional
Is allowing the removal and future replacement of Network Authorized Equipment a condition for an Embassy Suites customer under the TSP Agreement?
conditional
What annual Gross Room Revenue threshold requires an Embassy Suites hotel to participate in the 'Premier Model' RMCC service?
conditional
Can the Embassy Suites application process be completed via paper application, and if so, under what conditions?
conditional
Besides HSS and preferred providers, under what conditions can an Embassy Suites acquire business computer systems from other vendors?
conditional
Besides revenue, what other factor might require an Embassy Suites hotel to participate in the 'Premier Model' RMCC service?
conditional
Is the 'Brand' definition for Embassy Suites consistent across all franchise agreements?
conditional
Is the 'Brand' definition for Embassy Suites limited to hotels operating under a specific geographic region?
conditional
What certifications does the Embassy Suites franchisor provide to the lender in the franchisor estoppel, subject to the lender's acknowledgement?
conditional
Can Embassy Suites change the Chain Code for the Brand at any time?
conditional
What is Embassy Suites' condition for consenting to the Shared Facilities Arrangement?
conditional
What condition must an Embassy Suites franchisee meet to be excused from termination due to failure to operate during an Event of Force Majeure?
conditional
What conditions must be met for an Embassy Suites franchisee to receive the Incentive disbursement?
conditional
What conditions must be met for the principal amount of the Embassy Suites Development Incentive Note to be disbursed?
conditional
What conditions must be met for a subsequent holder of the loan ('Assignee') to be recognized by Embassy Suites?
conditional
What are the conditions that would require a new Embassy Suites franchisee to participate in the ResMax program?
conditional
What is the consequence for an Embassy Suites franchisee if they fail to construct comparable facilities after consent for Shared Facilities is withdrawn?
conditional
What is the consequence if an Embassy Suites franchisee fails to procure or construct comparable facilities after consent is withdrawn for shared facilities?
conditional
What is the consequence if the Franchisor deems conditions in the transfer provisions of the Franchise Agreement relevant to the Assumption for an Embassy Suites franchise?
conditional
In the context of a mezzanine loan for an Embassy Suites franchise, can the Lead Lender designate a different party to represent all lenders?
conditional
What criteria might Embassy Suites consider when electing to reduce the Franchise Application Fee related to a hotel's market position?
conditional
What criteria might Embassy Suites consider when electing to reduce the Franchise Application Fee related to incentives for development?
conditional
What criteria might Embassy Suites consider when electing to reduce the Franchise Application Fee related to property size?
conditional
For Embassy Suites, is the customer required to sign Joinder Agreements to obtain products from Microsoft and Insight Direct USA?
conditional
Is an Embassy Suites customer's participation and cooperation with HSS in HSS's Total Solution Program a condition of the TSP Agreement?
conditional
For CV deals, what condition must be met before the right to operate an Embassy Suites Hotel under the Brand becomes effective?
conditional
What is the deadline for an Embassy Suites franchisee in Minnesota to provide notice to Embassy Suites of a trademark infringement claim to be eligible for indemnification?
conditional
What is the dependency for the franchisor to determine the timeframe for a lender to cure defaults after assuming the Embassy Suites Franchise Agreement?
conditional
What is the dependency between Gross Rooms Revenue and Monthly Program and Royalty Fees for an Embassy Suites franchise in the event of a fire or other insured casualty?
conditional
For Embassy Suites, what is the dependency between the hotel's operating period and the calculation method for 'Hotel's Average Monthly Royalty Fees'?
conditional
What is the dependency for the lender to pay a processing fee equal to the permitted transfer fee in the Embassy Suites Franchise Agreement?
conditional
What is the effect of the eforea Spa Amendment on the existing Embassy Suites Franchise Agreement?
conditional
What is the effect on the Existing Comfort Letter if the loan referenced in it has been paid in full for an Embassy Suites franchise?
conditional
What is the effect of the Lender being or coming into possession of the Hotel before the Waiver Notice is effective for an Embassy Suites franchise?
conditional
What is the effect of Lender's failure to timely cure all defaults in connection with the Assumption of an Embassy Suites franchise?
conditional
What is the effect of the Waiver Notice on the Franchisor's ability to exercise remedies against the Franchisee under the Embassy Suites Franchise Agreement?
conditional
For the efficiency and consistency of distribution programs, can Embassy Suites require that the rates and prices I advertise through certain distribution channels be the same as or better than the rates and prices I advertise through other distribution channels?
conditional
In the event of a conflict of laws for an Embassy Suites franchise in Washington, which legal provisions take precedence?
conditional
Is the execution of the HITS Agreement a condition for the Embassy Suites customer under the TSP Agreement?
conditional
To what extent are transfer fees collectable for an Embassy Suites franchise transfer in Washington?
conditional
For Embassy Suites, what factors can cause HSS to increase or decrease the Proprietary Software Maintenance cost?
conditional
What factors does Embassy Suites consider when determining if a hotel brand competes with the System?
conditional
Does the Embassy Suites FDD guarantee that a franchisee will achieve the same room rates, occupancy rates, or index performance as the New Generation Comparable Hotels?
conditional
Does the Embassy Suites FDD Item 6 specify if any of the listed fees are subject to local or state taxes?
conditional
Does the Embassy Suites Franchise Agreement's provision for termination upon bankruptcy have any potential issues under federal bankruptcy law?
conditional
What must an Embassy Suites franchise applicant include if the application is not completed or supporting documentation is not attached?
conditional
Is an Embassy Suites franchise applicant required to pay a Property Improvement Plan (PIP) fee, and if so, under what conditions?
conditional
What is the Franchise Application Fee for a new development or conversion of an Embassy Suites franchise, and how does it change based on the number of guest rooms or suites?
conditional
For an Embassy Suites franchise, what are the consequences if the franchisee uses software other than the Proprietary Software and Certified Third Party Software on the Authorized Equipment without written approval from the HSS Information Technology Department?
conditional
For an Embassy Suites franchise, what is the deadline for providing a qualified and experienced Management Company, if applicable?
conditional
For an Embassy Suites franchise, what happens if the franchisor provides notice that automatic extensions of the Construction Commencement Date, Renovation Commencement Date, Construction Work Completion Date, or Renovation Work Completion Date no longer apply?
conditional
For an Embassy Suites franchise, what happens if there is a default under the Hotel #2 Agreement?
conditional
For an Embassy Suites franchise, if the agreement terminates before Hotel Work begins and the franchisee operates a similar facility at the Hotel Site within one year, how are Liquidated Damages calculated?
conditional
For an Embassy Suites franchise, if termination occurs after Hotel Work begins but before the Opening Date (excluding Force Majeure), how are Liquidated Damages calculated?
conditional
For an Embassy Suites franchise, if termination occurs after the Opening Date but before the second anniversary, what is the formula for calculating Liquidated Damages?
conditional
For an Embassy Suites franchise, how are Liquidated Damages calculated if there are fewer than 60 months remaining in the Term on the date of termination?
conditional
For an Embassy Suites franchise, what is the process for agreeing on the Gross Rooms Revenue amount with the insurer in the event of a fire or other insured casualty?
conditional
For an Embassy Suites franchise purchased in Washington, where will arbitration or mediation take place?
conditional
For an Embassy Suites franchise sold in Washington, if there are inconsistencies between the Franchise Disclosure Document or Franchise Agreement and the Washington Franchise Investment Protection Act, which provisions prevail?
conditional
For an Embassy Suites franchise, how is the termination fee calculated if termination occurs after the second anniversary of the Opening Date but before the final sixty calendar months of the Term?
conditional
For an Embassy Suites franchise, what is the timeframe a franchisee has to retain a substitute Management Company if the approved Management Company becomes a Competitor, resigns, is terminated, or becomes unsuitable?
conditional
For an Embassy Suites franchise in Washington, what limitations exist regarding the enforceability of provisions that restrict the statute of limitations period or rights under the Washington Franchise Investment Protection Act?
conditional
Is an Embassy Suites franchisee obligated to purchase hotel furniture, furnishings, fixtures, finishes, equipment, supplies, food and beverage supplies, and hotel services from Hilton Supply Management LLC (HSM)?
conditional
For Embassy Suites franchisees, what happens to the terms and conditions of the TSP Agreement upon HSS's Refresh of Network Authorized Equipment?
conditional
Are Embassy Suites franchisees required to use the MeetingBroker lead distribution platform, and if so, under what conditions?
conditional
Can the franchisor or its affiliates own, operate, or franchise competitive guest lodging facilities within an Embassy Suites Restricted Area?
conditional
What may the Franchisor do if the Lender fails to timely execute and deliver the Assumption Agreement for an Embassy Suites franchise?
conditional
What happens to capitalized terms in the eforea Spa Amendment for an Embassy Suites, if not amended?
conditional
What happens to the eforea spa operation if the Embassy Suites Franchise Agreement is terminated?
conditional
What happens to the Existing Comfort Letter if the new letter agreement is with the same lender for an Embassy Suites franchise?
conditional
What happens after the Franchisor confirms that Lender is not a Sanctioned Person for an Embassy Suites franchise?
conditional
What happens if either the Embassy Suites Agreement or the [Brand #2] Agreement is terminated regarding the Shared Facilities Addendum?
conditional
What happens if an Embassy Suites customer is in default of any agreement with HDOC HSS or any of their affiliates?
conditional
What happens if Embassy Suites elects to purchase Authorized Equipment?
conditional
What happens if an Embassy Suites franchisee does not comply with changes made to the System?
conditional
What happens if an Embassy Suites franchisee fails to provide the rest of the information within the specified time?
conditional
What happens if the Embassy Suites franchisee and franchisor are unable to reach an agreement for the purchase or lease of the Marketed Interest within the 60-day Period?
conditional
What happens if an Embassy Suites franchisee transfers a controlling equity interest without simultaneously transferring a controlling interest in the [Brand #2] Hotel?
conditional
For Embassy Suites, what happens if a Gross Receipts Tax is imposed on the franchisor or its affiliates based on payments made by the franchisee?
conditional
What happens if a proposed Transfer results in a change of Control of the Franchisee, the Hotel, or the Hotel Site for an Embassy Suites franchise?
conditional
For Embassy Suites, what happens if there is a conflict between the HSS agreement and any Order Document?
conditional
What happens if the underpayment discovered during an Embassy Suites audit is willful or exceeds 5% of the total amount owed?
conditional
What happens to the license to use the Marks for an Embassy Suites franchise if HIH transfers the Marks or licenses to other affiliates?
conditional
What is Hilton's intended course of action if the plaintiff in the *AAAA Property Partners LLC v. Hilton Franchise Holding LLC* case serves the suit, and how might this impact Embassy Suites?
conditional
For Embassy Suites, can HSS require the Customer to use additional Proprietary Software and Certified Third Party Software?
conditional
Can HSS terminate the Equipment License for an Embassy Suites location at any time?
conditional
For Embassy Suites, if the agreement is an Amendment and Restatement, what happens to the Original Agreement upon the Effective Date of the new agreement?
conditional
If an Embassy Suites agreement terminates due to an unapproved transfer to a competitor, what is the consequence regarding damages?
conditional
If applicable, what must an Embassy Suites customer complete regarding conversion and rebranding?
conditional
If applicable, what happens to the Existing Comfort Letter when the loan referenced in it has been paid in full for an Embassy Suites franchise?
conditional
If applicable, how many months before the Opening Date must an Embassy Suites franchisee provide a qualified and experienced management company?
conditional
If applicable, what is the 'Renovation Commencement Date' for an Embassy Suites franchise and where is it specified?
conditional
If my Embassy Suites application is approved subject to certain requirements, what happens if I fail to meet those requirements?
conditional
If Embassy Suites approves an application subject to certain requirements, what happens if those requirements are not met?
conditional
If the Construction Commencement Date is not met for an Embassy Suites hotel, what are the potential consequences?
conditional
If the Construction Work Completion Date is not met for an Embassy Suites hotel, what are the potential consequences?
conditional
If an Embassy Suites customer purchases authorized equipment from a retailer other than the Preferred Provider, what is required before use?
conditional
If the Embassy Suites Customer does not sign the Order Document within 90 days, what must the Customer do to ensure the pricing remains in effect?
conditional
For Embassy Suites, if both a Franchise Agreement and a Management Agreement exist, which agreement's terms are incorporated into 'this Agreement'?
conditional
If an Embassy Suites Franchise Agreement requires a release of claims, what claims may the release be required to exclude under the California Addendum?
conditional
If an Embassy Suites franchise is terminated on or after the Opening Date but before the second anniversary of the Opening Date, what is the termination fee, expressed as a formula?
conditional
If an Embassy Suites franchisee chooses to participate in the Advance Purchase Program, are they required to offer digital payments to guests?
conditional
If an Embassy Suites franchisee fails to meet the standards after the franchisor withdraws consent to shared facilities, what must the franchisee do to avoid termination?
conditional
If the franchisee fails to pay amounts due to Embassy Suites, what additional condition might the franchisor impose to cure the default?
conditional
If an Embassy Suites franchisee increases the proposed number of rooms/suites after the Franchise Application is approved, what additional obligation is triggered?
conditional
If an Embassy Suites franchisee opens an eforea branded spa and signs the Spa Amendment, what additional trademarks and service marks are included in the Marks?
conditional
If an Embassy Suites franchisee participates in the Advance Purchase Program and offers digital payments, is the Advance Purchase Fee waived?
conditional
If an Embassy Suites franchisee purchases the Guest Messaging Service from HSS, is there a fee associated with this service?
conditional
If Embassy Suites grants a Restricted Area Provision, can they operate another Brand hotel within the Restricted Area after the Restrictive Period ends?
conditional
If Embassy Suites grants a Restricted Area Provision, does it prevent them from operating a hotel under the same Chain Code but a different name?
conditional
If Hilton requires Embassy Suites franchisees to purchase a particular brand or model of supplies or equipment that is available only from one source, may Hilton derive revenue as a result of those purchases?
conditional
If an Embassy Suites hotel initially has 250 guest rooms and later expands to 320, how much additional License Fee does the customer owe?
conditional
If I increase the proposed number of rooms/suites after my Embassy Suites Franchise Application is approved, do I need to pay an additional fee?
conditional
If an individual owns a minority interest in a Competing Brand, but is an officer of that brand, are they considered a 'Competitor' of Embassy Suites?
conditional
If Lender acquires possession and/or ownership of the Embassy Suites Hotel as the result of an Acquisition, when will Lender be deemed to have assumed the Franchise Agreement?
conditional
If the Lender is acting as an administrative agent for Embassy Suites, what type of successor administrative agent is acceptable for assignment without Franchisor's consent?
conditional
If the lender is not a bank, can any of its officers or directors own equity interest in the Embassy Suites franchisee?
conditional
If the lender is a bank, does it represent that it owns any equity interest in the Embassy Suites franchisee?
conditional
If Lender does not deliver the Waiver Notice to Franchisor under Subparagraph 2(a), what happens to the Embassy Suites Franchise Agreement?
conditional
If the Lender or its designee comes into possession of the Embassy Suites Hotel before the Waiver Notice is effective, is the Lender responsible for fees owed to the Franchisor?
conditional
If the lender directly transfers the loan to a trustee in a securitization, what two conditions must be met for Embassy Suites to recognize the trustee as the 'Lender'?
conditional
If the Lender transfers the Loan to a trustee in a securitization, what notice requirements must the Lender fulfill to the Franchisor for Embassy Suites?
conditional
If the Loan is transferred to a subsequent holder (Assignee), what conditions must be met for the Franchisor to accept the notice of transfer for Embassy Suites?
conditional
If operating an eforea spa, does Embassy Suites provide a team member to offer suggestions for spa operation improvements?
conditional
If a prior lender comfort letter exists for an Embassy Suites franchise, what is the effect of the new letter agreement if it's with the same lender?
conditional
If Embassy Suites provides at least 60 days' notice that automatic extensions will end for New Development or Conversion projects, what must a franchisee do to request any further extension?
conditional
If a receiver is appointed to operate an Embassy Suites hotel at the request of the Lender, can the franchisor require the receiver to enter into a receiver agreement?
conditional
If Embassy Suites refuses to renew a franchise, is the franchisee entitled to compensation for inventory, supplies, equipment, fixtures, and furnishings?
conditional
If I sign an Embassy Suites Franchise Agreement, am I guaranteed a Restricted Area?
conditional
If the 'Standards' for Embassy Suites change, does that affect the definition of the 'Brand'?
conditional
If Embassy Suites terminates the Franchise Agreement in Minnesota, what damages is the franchisee liable for?
conditional
If there is an existing comfort letter, does the lender agree that the existing comfort letter is null and void under the Embassy Suites agreement?
conditional
If there is an existing comfort letter, does the lender certify to the Embassy Suites franchisor that no claim exists under it?
conditional
If there are multiple lenders for a mezzanine loan related to an Embassy Suites franchise, what presumption does the Franchisor make regarding notice and actions?
conditional
If a transfer qualifies as a Permitted Transfer under both Subsection 12.2.1.1 and 12.2.1.2 of the Embassy Suites agreement, which subsection's provisions control?
conditional
If I withdraw my Embassy Suites application before it's approved, is the $7,500 processing fee deducted from my refund?
conditional
If Embassy Suites withdraws consent to the use of Shared Facilities, what action must the franchisee take to avoid termination?
conditional
How does the Illinois Franchise Disclosure Act affect the Embassy Suites Franchise Agreement with respect to Illinois franchisees?
conditional
How does the Illinois Franchise Disclosure Act affect the governing law, jurisdiction, venue, choice of law, and waiver of jury trials provisions in the Embassy Suites Franchise Agreement for Illinois licensees?
conditional
What are the implications if an individual or entity provides services as a consultant to a Competing Brand of Embassy Suites?
conditional
What laws govern the required signatures for the Embassy Suites Application Letter, depending on how the applicant is established or resides?
conditional
How are Liquidated Damages calculated for an Embassy Suites franchise if the termination occurs after the second anniversary of the Opening Date but before the final 60 months of the Term?
conditional
In Michigan, is Embassy Suites required to compensate a franchisee if they refuse to renew a franchise?
conditional
In Michigan, under what circumstances does the compensation requirement upon non-renewal NOT apply to Embassy Suites?
conditional
Is Microsoft liable for products provided by third-party vendors to Embassy Suites franchisees?
conditional
Does the number of hotels owned by a Competing Brand affect its status as a 'Competitor' to Embassy Suites?
conditional
Is Embassy Suites obligated to provide the services of a Spa Performance Director to franchisees?
conditional
Can the online booking platform fee for group events at Embassy Suites be refunded or adjusted?
conditional
When is participation in the 'Foundation Audit' required for an Embassy Suites hotel regarding RMCC?
conditional
What is the permitted transfer fee for the Embassy Suites franchise agreement?
conditional
What are the potential financial consequences for an Embassy Suites customer if they fail to meet HSS's timeline for the Refresh of Network Authorized Equipment?
conditional
When is the Property Improvement Plan included as an exhibit in the Embassy Suites franchise agreement?
conditional
Does Embassy Suites provide its Standards and specifications for business computer systems, and if so, under what conditions?
conditional
Can Embassy Suites reduce the Franchise Application Fee based on the number of hotels operated by a franchisee?
conditional
Regarding Item 17(v) in the Embassy Suites Franchise Agreement, where does the agreement require venue to be limited to, unless the franchisor sues the franchisee where their Hotel is located?
conditional
What representation does the lender make regarding equity interest in the franchisee in the Embassy Suites lender estoppel and release agreement if the lender is a bank?
conditional
What representation does the lender make regarding equity interest in the franchisee in the Embassy Suites lender estoppel and release agreement if the lender is NOT a bank?
conditional
What representations and warranties does the lender make if the loan originated at an earlier date in the Embassy Suites lender estoppel and release agreement?
conditional
What is the required action for the franchisee (or affiliate) to maintain Embassy Suites' consent for shared facilities?
conditional
Are all the services and programs offered by Embassy Suites optional for franchisees?
conditional
What is the significance of the plaintiff not having served the suit in *AAAA Property Partners LLC v. Hilton Franchise Holding LLC* regarding the potential impact on Embassy Suites?
conditional
Is there a processing fee for permitted transfers that require notice and consent under the Embassy Suites agreement, and can it be waived?
conditional
Is the TSP Agreement contingent on the Embassy Suites customer making all other payments to HSS's Preferred Providers?
conditional
In the Embassy Suites TSP Agreement, if HSS provides equipment instead of a Preferred Provider, what protections and limitations does HSS have?
conditional
Under California law, is a covenant not to compete enforceable for an Embassy Suites franchise if it extends beyond the expiration or termination of the Franchise Agreement?
conditional
Under what circumstance does the Embassy Suites FDD require a franchisee to disclose the ownership structure of an affiliate fee owner or lessor/sublessor of the hotel or hotel site?
conditional
Under what circumstance does Embassy Suites reserve the right to withdraw consent for the Shared Facilities Arrangement?
conditional
Under what circumstances might Embassy Suites agree to give franchisees certain specific territorial restrictions?
conditional
Under what circumstances will the completion date be extended automatically for New Development projects for an Embassy Suites franchise?
conditional
Under what circumstances must an Embassy Suites franchisee repay the Incentive?
conditional
Under what circumstances will an Embassy Suites franchisee be required to reimburse inspection and audit costs?
conditional
Under what circumstances might the franchisor extend the 'Additional Period' for a lender seeking to complete an Acquisition of an Embassy Suites franchise?
conditional
Under what circumstances is Franchisor's consent not required for the assignment of the letter agreement by the Lender for Embassy Suites?
conditional
Under what circumstances can Hilton initiate actions for temporary remedies or injunctive relief related to the Embassy Suites franchise agreement, and where can these actions be brought?
conditional
Under what circumstances would Hilton Worldwide Franchising LP be the relevant Hilton franchise holding company for an Embassy Suites franchise?
conditional
Under what circumstances can HSS increase or decrease the Proprietary Software Maintenance cost for an Embassy Suites franchise?
conditional
Under what circumstances is HSS or the Preferred Provider NOT obligated to provide equipment maintenance for Embassy Suites?
conditional
Under what circumstances can HSS terminate the Equipment License for an Embassy Suites location immediately?
conditional
Under what circumstances will HSS's obligations under the agreement NOT apply to an Embassy Suites franchisee?
conditional
Under what circumstances, if the primary court lacks jurisdiction, can an action related to the Embassy Suites franchise agreement be brought in a court whose jurisdiction includes New York, New York?
conditional
Under what circumstances is the lender permitted to assign the letter agreement without Embassy Suites' consent?
conditional
Under what circumstances does the Microsoft product warranty not apply to Embassy Suites franchisees?
conditional
Under what circumstances might Embassy Suites offer other types of financing?
conditional
Under what circumstances might the Property Improvement Plan (PIP) fee be waived or applied differently for an Embassy Suites franchise?
conditional
Under what circumstances related to bankruptcy might the termination provision in the Embassy Suites Franchise Agreement not be enforceable?
conditional
Under what circumstances related to liability does the exception to the Embassy Suites franchisee's indemnity obligation not apply?
conditional
Under what circumstances might a release of claims executed by an Embassy Suites franchisee require the exclusion of claims arising under the California Franchise Investment Law and the California Franchise Relations Act?
conditional
Under what circumstances might Embassy Suites require mandatory training or participation in additional programs for franchisees?
conditional
Under what circumstances is Embassy Suites required to compensate a franchisee upon non-renewal?
conditional
Under what circumstances is the ResMax program required for an Embassy Suites franchise?
conditional
Under what circumstances might Embassy Suites seek actual damages instead of the Liquidated Damages described in Subsection 13.4?
conditional
Under what circumstances will the start date be extended automatically for New Development projects for an Embassy Suites franchise?
conditional
Under what circumstances might subparagraph 2(a) regarding Lender's Election to Waive Assumption of Franchise Agreement be deleted from the Embassy Suites Franchise Agreement?
conditional
Under what circumstances can Embassy Suites withdraw its consent for the Shared Facilities Arrangement?
conditional
Under what condition is the clause regarding the Existing Comfort Letter applicable to an Embassy Suites franchise?
conditional
Under what condition is Embassy Suites' consent for the Hotel and the '[Insert Hotel #2]' Hotel to jointly utilize shared facilities contingent?
conditional
Under what condition can an Embassy Suites customer elect to not provide maintenance services through the agreement for certain pieces of Authorized Equipment?
conditional
Under what condition does the Embassy Suites Franchise Agreement require venue to be limited to Fairfax County, Virginia?
conditional
Under what condition is an Embassy Suites franchisee afforded access to the Reservation Service?
conditional
Under what condition might an Embassy Suites franchisee be charged fees associated with opening site visits?
conditional
Under what condition is an Embassy Suites franchisee NOT required to pay liquidated damages or a termination fee after terminating the franchise agreement due to casualty?
conditional
Under what condition is an Embassy Suites franchisee not required to pay liquidated damages or a termination fee after termination of the agreement?
conditional
Under what condition will HSS have no further obligation to provide software maintenance services to an Embassy Suites franchisee?
conditional
Under what condition is an initial fee due for an Embassy Suites franchise?
conditional
Under what condition will the 'Marks' for an Embassy Suites franchise include the 'eforea' trademarks and service marks?
conditional
Under what condition are minor redecoration and minor structural changes at an Embassy Suites hotel NOT considered significant changes?
conditional
Under what condition regarding hotel work and operation at the Hotel Site after termination would an Embassy Suites franchisee be required to pay Liquidated Damages?
conditional
Under what condition related to multiple letter agreements will Embassy Suites only be obligated to provide one notice of default?
conditional
Under what condition is the Restricted Area Map included as an exhibit in the Embassy Suites franchise agreement?
conditional
Under what conditions, besides the standard refresh cycle, might Embassy Suites require a Guest Internet Access system refresh?
conditional
Under what conditions can the Construction Commencement Date, Renovation Commencement Date, Construction Work Completion Date, or Renovation Work Completion Date be automatically extended for an Embassy Suites franchise (ND/CV and Pre-Opening COO)?
conditional
Under what conditions can Equity Interests be transferred within Fund Entities or to Future Funds for an Embassy Suites franchise?
conditional
Under what conditions can Equity Interests be transferred within Fund Entities or to Future Funds according to the Embassy Suites agreement?
conditional
Under what conditions does the Embassy Suites franchise agreement stipulate that a termination fee will be charged if the agreement is terminated by the franchisor?
conditional
Under what conditions must an Embassy Suites franchisee accept the franchisor's offer for the Marketed Interest?
conditional
Under what conditions can an Embassy Suites franchisee in Washington waive their rights under the Washington Franchise Investment Protection Act?
conditional
Under what conditions will Hilton Franchise Holding LLC disburse the principal amount of the Development Incentive Note to an Embassy Suites maker?
conditional
Under what conditions might Hilton require an Embassy Suites franchisee to purchase FF&E and supplies from an approved supplier?
conditional
Under what conditions might an Embassy Suites hotel be required to participate in the Service Quality Improvement Program?
conditional
For Embassy Suites, under what conditions will HSS supply the Customer with Updates to the Proprietary Software and PEP?
conditional
Under what conditions is the 'Intermediate Model' RMCC service required for an Embassy Suites hotel?
conditional
Under what conditions can a lender obtain an 'Additional Period' to cure a default related to physical standards or other non-monetary defaults for an Embassy Suites franchise?
conditional
Under what conditions will Embassy Suites offer a guarantor its standard form termination of guaranty agreement, releasing the guarantor from future obligations?
conditional
Under what conditions can Embassy Suites reject a notice of loan transfer to a trustee?
conditional
Under what conditions related to existing comfort letters does the lender need to certify information to the Embassy Suites franchisor?
conditional
Under what conditions might Embassy Suites require an estoppel and general release of claims from a franchisee in order to agree to an amendment or waiver of the franchise agreement?
conditional
Under what conditions can Embassy Suites suspend obligations to a franchisee, including removing the hotel's listing from directories and advertising?
conditional
Under the Embassy Suites franchise agreement, what constitutes a valid and reasonable basis for Embassy Suites to deny consent to a Change of Ownership Transfer?
conditional
Under the Embassy Suites franchise agreement, what happens if a Gross Receipts Tax is imposed on payments made by the franchisee?
conditional
Under the New York Franchise Sales Act addendum, can the franchisee terminate the Embassy Suites agreement upon any grounds available by law?
conditional
Under the Embassy Suites Shared Facilities Arrangement, what happens if a new franchise agreement executed in connection with a transfer does not contain the provisions set forth in the Addendum?
conditional
Under what specific circumstance regarding hotel work and subsequent agreements does the Embassy Suites franchise agreement stipulate that a section concerning liquidated damages is intentionally deleted?
conditional
cross_section
How does the business experience of the individuals listed in Item 2 relate to the franchisee's ability to manage ongoing fees as described in Item 6 for Embassy Suites?
cross_section
How does the business experience of the individuals listed in Item 2 relate to the franchisee's ability to recover the estimated initial investment detailed in Item 7 for Embassy Suites?
cross_section
How does the business experience of the individuals listed in Item 2 relate to the franchisee's obligations under the franchise agreement as outlined in Item 9 for Embassy Suites?
cross_section
How does the business experience of the individuals listed in Item 2 relate to the franchisor's ability to provide effective support and guidance to Embassy Suites franchisees, considering the potential for development incentives in Item 10?
cross_section
How does the business experience of the individuals listed in Item 2 relate to the franchisor's assistance provided as described in Item 11 for Embassy Suites?
cross_section
How does the business experience of the individuals listed in Item 2 relate to the potential for development incentives offered to Embassy Suites franchisees as described in Item 10?
cross_section
Considering the lack of financing offered by Embassy Suites in Item 10, how might a franchisee's initial investment costs in Item 7 be affected?
cross_section
Considering the litigation described in Item 3, how might this affect the franchisor's ability to enforce the franchise agreement and the franchisee's obligations as outlined in Item 9 for Embassy Suites?
cross_section
Considering the litigation described in Item 3, how might this affect the franchisor's ability to enforce the franchise agreement and the franchisee's obligations as outlined in Item 9, considering the restrictions on sources of products and services in Item 8 for Embassy Suites?
cross_section
Considering the litigation described in Item 3, how might this affect the franchisor's ability to enforce the franchise agreement and the franchisee's obligations as outlined in Item 9, considering the potential for development incentives in Item 10 for Embassy Suites?
cross_section
Considering the restrictions on sources of products and services for Embassy Suites in Item 8, what recourse does a franchisee have if the franchisor's assistance in Item 11 is inadequate?
cross_section
Where can I find the quality assurance fees for an Embassy Suites franchise?
cross_section
How does the franchisor's assistance provided to Embassy Suites franchisees in Item 11 relate to the estimated initial investment detailed in Item 7?
cross_section
How does the franchisor's assistance provided to Embassy Suites franchisees in Item 11 relate to the franchisee's obligations to adhere to standards as described in Item 9?
cross_section
How does the franchisor's assistance provided to Embassy Suites franchisees in Item 11 relate to the ongoing fees as described in Item 6?
cross_section
How does the franchisor's assistance provided to Embassy Suites franchisees in Item 11 relate to the potential for development incentives offered to Embassy Suites franchisees as described in Item 10?
cross_section
How does the franchisor's assistance provided to Embassy Suites franchisees in Item 11 relate to the restrictions on sources of products and services for Embassy Suites hotels in Item 8?
cross_section
Given the lack of financing options in Item 10, how might an Embassy Suites franchisee leverage the franchisor's assistance in Item 11 to secure financing or manage initial investment costs in Item 7?
cross_section
Given the lack of financing options in Item 10, how might an Embassy Suites franchisee leverage the franchisor's assistance in Item 11 to improve their profitability and manage ongoing fees as described in Item 6?
cross_section
Given the lack of financing options in Item 10, how might an Embassy Suites franchisee leverage the potential for development incentives in Item 10 to reduce their initial investment costs and improve their financial outlook?
cross_section
Given the lack of financing options in Item 10, how might an Embassy Suites franchisee leverage the potential for development incentives in Item 10 to reduce their initial investment costs and improve their financial outlook, considering the franchisor's assistance in Item 11?
cross_section
What is the impact of the franchisor's assistance provided to Embassy Suites franchisees in Item 11 on the franchisee's ability to manage ongoing fees as described in Item 6?
cross_section
What is the impact of the lack of franchisor financing for Embassy Suites in Item 10 on the franchisee's ability to benefit from the franchisor's assistance provided as described in Item 11?
cross_section
What is the impact of the lack of franchisor financing for Embassy Suites in Item 10 on the franchisee's ability to comply with the restrictions on sources of products and services outlined in Item 8?
cross_section
What is the impact of the lack of franchisor financing for Embassy Suites in Item 10 on the franchisee's ability to comply with the franchisee's obligations outlined in Item 9?
cross_section
What is the impact of the lack of franchisor financing for Embassy Suites in Item 10 on the franchisee's ability to manage ongoing fees as described in Item 6?
cross_section
What is the impact of the lack of franchisor financing for Embassy Suites in Item 10 on the franchisee's ability to recover the estimated initial investment detailed in Item 7?
cross_section
What is the impact of the litigation described in Item 3 on the franchisee's ability to benefit from the franchisor's assistance provided as described in Item 11 for Embassy Suites?
cross_section
What is the impact of the litigation described in Item 3 on the franchisee's ability to manage ongoing fees as described in Item 6 for Embassy Suites?
cross_section
What is the impact of the litigation described in Item 3 on the franchisee's ability to recover the estimated initial investment detailed in Item 7 for Embassy Suites?
cross_section
What is the impact of the litigation described in Item 3 on the franchisor's ability to enforce the restrictions on sources of products and services for Embassy Suites hotels in Item 8?
cross_section
What is the impact of the non-exclusive territory granted to Embassy Suites franchisees in Item 12 on the franchisor's assistance provided as described in Item 11?
cross_section
What are the implications of the litigation described in Item 3 for potential Embassy Suites franchisees, considering the franchisor's assistance outlined in Item 11?
cross_section
What are the implications of the non-exclusive territory granted to Embassy Suites franchisees in Item 12 for the franchisee's marketing and advertising obligations as described in Item 9?
cross_section
How does the lack of an exclusive territory for Embassy Suites franchisees in Item 12 affect the franchisee's obligations related to competition as mentioned in Item 9?
cross_section
How does the lack of franchisor financing for Embassy Suites in Item 10 affect the franchisee's ability to meet the estimated initial investment costs outlined in Item 7?
cross_section
How does the litigation involving Hilton Franchise Holding LLC described in Item 3 potentially impact the financial incentives offered to Embassy Suites franchisees as mentioned in Item 10?
cross_section
How does the litigation involving Hilton Franchise Holding LLC described in Item 3 potentially affect the franchisor's ability to provide the assistance outlined in Item 11 to Embassy Suites franchisees?
cross_section
How does the litigation involving Hilton Franchise Holding LLC described in Item 3 relate to the franchisee's obligations under the franchise agreement as outlined in Item 9?
cross_section
How does the non-exclusive territory for Embassy Suites franchisees in Item 12 affect the potential for competition and the need for advertising and marketing, as it relates to franchisee obligations in Item 9?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect their ability to attract customers and generate sufficient revenue to cover the estimated initial investment costs outlined in Item 7?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect their ability to compete with other hotels and generate sufficient revenue to cover ongoing fees as described in Item 6?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect their ability to compete with other hotels and generate sufficient revenue to cover the estimated initial investment costs outlined in Item 7, considering the franchisor's assistance in Item 11?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect their ability to compete with other hotels and generate sufficient revenue to cover the estimated initial investment costs outlined in Item 7, considering the restrictions on sources of products and services in Item 8?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect the franchisee's ability to negotiate favorable terms with suppliers, considering the restrictions in Item 8?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect the franchisee's ability to generate revenue, considering the estimated initial investment in Item 7?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect the franchisee's ability to recover the initial fees paid as described in Item 5?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect the franchisee's ability to benefit from the franchisor's assistance provided as described in Item 11?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect the franchisee's ability to manage ongoing fees as described in Item 6?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect the franchisee's ability to recover the estimated initial investment detailed in Item 7?
cross_section
How does the non-exclusive territory granted to Embassy Suites franchisees in Item 12 affect their obligations regarding competition as described in Item 9?
cross_section
What obligations does an Embassy Suites franchisee have under Item 9 that are related to the standards for building, designing, furnishing, equipping, and supplying their hotels as described in Item 8?
cross_section
What is the relationship between the franchisee's obligations in Item 9 and the potential for development incentives offered by Embassy Suites as described in Item 10?
cross_section
What is the relationship between the franchisee's obligations in Item 9 and the restrictions on sources of products and services for Embassy Suites hotels in Item 8?
cross_section
What is the relationship between the initial fees for an Embassy Suites franchise in Item 5 and the franchisee's obligations under the franchise agreement as outlined in Item 9?
cross_section
What is the relationship between the initial fees for an Embassy Suites franchise in Item 5 and the ongoing fees as described in Item 6?
cross_section
What is the relationship between the initial fees for an Embassy Suites franchise in Item 5 and the potential for development incentives offered to Embassy Suites franchisees as described in Item 10?
cross_section
What is the relationship between the initial fees paid by an Embassy Suites franchisee in Item 5 and the estimated initial investment costs outlined in Item 7, considering the potential for development incentives in Item 10?
cross_section
What is the relationship between the initial fees paid by an Embassy Suites franchisee in Item 5 and the ongoing fees they are obligated to pay as described in Item 6, considering the franchisor's assistance in Item 11?
cross_section
What is the relationship between the initial fees paid by an Embassy Suites franchisee in Item 5 and the ongoing fees they are obligated to pay as described in Item 6, considering the restrictions on sources of products and services in Item 8?
cross_section
What is the relationship between the initial fees paid by an Embassy Suites franchisee in Item 5 and the ongoing fees they are obligated to pay as described in Item 6, considering the potential for development incentives in Item 10?
cross_section
What is the relationship between the litigation described in Item 3 and the franchisee's obligations under the franchise agreement as outlined in Item 9 for Embassy Suites?
cross_section
What is the relationship between the litigation described in Item 3 and the potential for development incentives offered to Embassy Suites franchisees as described in Item 10?
cross_section
What is the relationship between the restrictions on sources of products and services for Embassy Suites hotels in Item 8 and the franchisee's obligations to maintain standards as outlined in Item 9?
cross_section
How does the requirement to build, design, furnish, equip and supply Embassy Suites hotels according to standards in Item 8 relate to the estimated initial investment in Item 7?
cross_section
How do the restrictions on sources of products and services for Embassy Suites hotels in Item 8 impact the franchisee's ability to control costs as estimated in Item 7?
cross_section
How do the restrictions on sources of products and services in Item 8 for Embassy Suites hotels impact the franchisee's ability to negotiate pricing and potentially reduce the estimated initial investment costs outlined in Item 7?
cross_section
How do the restrictions on sources of products and services in Item 8 for Embassy Suites hotels impact the franchisee's ability to control costs and potentially reduce ongoing fees as described in Item 6?
cross_section
How do the restrictions on sources of products and services in Item 8 for Embassy Suites hotels impact the franchisee's ability to customize their offerings and potentially attract a wider range of customers, considering the non-exclusive territory in Item 12?
cross_section
How do the restrictions on sources of products and services in Item 8 for Embassy Suites hotels impact the franchisee's ability to customize their offerings and potentially attract a wider range of customers, considering the non-exclusive territory in Item 12 and the franchisee's obligations in Item 9?
cross_section
How do the restrictions on suppliers for Embassy Suites hotels in Item 8 relate to the franchisee's obligation to adhere to standards as detailed in Item 9?
cross_section
What is the role of Hilton in fulfilling the franchisor's obligations under the Embassy Suites franchise agreement as described in Item 11, considering the restrictions on product and service sources outlined in Item 8?
cross_section
What is the total cost of initial fees for an Embassy Suites franchise, combining the application fee from Item 5 and any other applicable initial fees mentioned in other items?
cross_section
What is the total estimated initial investment for an Embassy Suites (176 Suites) including the franchise application fee mentioned in Item 5 and the property improvement plan fee mentioned in Item 7?
cross_section
definition
What does 'Brand' mean in the context of the Embassy Suites Restricted Area Provision?
definition
What does 'Other Businesses' mean in the context of the Embassy Suites Franchise Agreement?
definition
What is prohibited regarding competition for an Embassy Suites franchisee or their affiliates, as defined by STR, LLC?
definition
What is a 'Restricted Area' for an Embassy Suites franchise?
definition
What is a 'Restricted Area Provision' for an Embassy Suites franchise?
definition
edge_case
According to the amendment in Item 17(h), under what circumstance related to bankruptcy might the Embassy Suites Franchise Agreement's termination provision be unenforceable?
edge_case
According to the Embassy Suites FDD, what happens if a customer attaches or uses third-party equipment, software, and/or interfaces that have not been certified or approved by HSS?
edge_case
According to the Embassy Suites franchise agreement, can a franchisee claim a waiver of the agreement's terms based on the franchisor's failure to enforce strict compliance or due to a custom or practice that differs from the agreement's written terms?
edge_case
According to the Embassy Suites franchise agreement, what happens if a provision is deemed unenforceable, void, or voidable?
edge_case
According to the Rhode Island Addendum to the Embassy Suites Franchise Agreement, what happens to any provision in the Franchise Agreement that designates the governing law as a state other than Rhode Island?
edge_case
What is the effect of Hilton Franchise Holding LLC setting off amounts from the principal amount of the Embassy Suites Development Incentive Note prior to disbursement?
edge_case
In the event of a fire at an Embassy Suites hotel, what revenue is the basis for calculating the Monthly Program and Royalty Fees?
edge_case
In the event of a fire or other insured casualty at an Embassy Suites hotel, what happens if the franchisee and insurer cannot agree on the value of the Gross Rooms Revenue claim?
edge_case
In the event of a fire or other insured casualty at an Embassy Suites hotel, how are the Monthly Program and Royalty Fees calculated?
edge_case
In the event of a fire or other insured casualty that reduces Gross Rooms Revenue at an Embassy Suites location, how are the Monthly Fees determined and paid?
edge_case
What fees and costs is an Embassy Suites Customer responsible for if they fail to meet HSS's timeline for the Refreshment Program, including order dates for equipment and software?
edge_case
For an Embassy Suites franchise, what is the minimum period after termination that a franchisee must wait before operating a similar facility at the Hotel Site to avoid triggering Liquidated Damages under section 13.4.1.1?
edge_case
For Embassy Suites franchises in Maryland, what aspects of the Franchise Agreement may be superseded by Maryland law according to the addendum to the Disclosure Document?
edge_case
For Embassy Suites franchises in Maryland, can a franchisee waive claims under state franchise law or disclaim reliance on statements made by the franchisor through any statement, questionnaire, or acknowledgment?
edge_case
For Embassy Suites franchises in Maryland, does the General Release under Section 16.8 of the Franchise Agreement release the franchisor from liability under the Maryland Franchise Registration and Disclosure Law?
edge_case
What happens to the Embassy Suites Development Incentive Note if the Franchise Agreement terminates before the hotel opens and the principal amount hasn't been disbursed?
edge_case
For Embassy Suites, what happens to franchise deposits if the franchise application is not approved?
edge_case
What happens if an audit of an Embassy Suites franchise reveals an overpayment?
edge_case
What happens if an Embassy Suites customer fails to schedule regular preventive maintenance in accordance with standard HSS procedures?
edge_case
For Embassy Suites, what happens if the Customer uses or installs any third party software other than Certified Software on the Authorized Equipment?
edge_case
What happens if the Franchise Agreement for an Embassy Suites hotel terminates or a Transfer occurs before the principal of the Development Incentive Note is forgiven or repaid?
edge_case
What happens to the Monthly Program and Royalty Fees for an Embassy Suites franchise if there is a fire or other insured casualty?
edge_case
Is an Embassy Suites hotel operated under a different Chain Code considered part of the same 'Brand'?
edge_case
If I am a franchisee with whom Embassy Suites has previously dealt, does that guarantee a waiver or negotiation of the Franchise Application Fee?
edge_case
If a customer of Embassy Suites modifies Proprietary Software without HSS's or its designee's involvement, is HSS obligated to provide equipment maintenance?
edge_case
If an Embassy Suites hotel does not adhere to the 'Standards', is it still considered part of the 'Brand'?
edge_case
If an Embassy Suites hotel is operated under a brand name that includes the word 'Hilton' but is not 'Embassy Suites by Hilton', is it considered part of the Embassy Suites 'Brand'?
edge_case
If there is a reduction of Gross Rooms Revenue due to a fire at an Embassy Suites hotel, what is the basis for calculating the Monthly Program and Royalty Fees?
edge_case
If there is a reduction of Gross Spa Revenue due to a fire at an Embassy Suites hotel, what is the basis for calculating the Monthly Program and Royalty Fees?
edge_case
Does Embassy Suites have any liability to the franchisee for expenses incurred if the hotel opening is not authorized due to the franchisee's non-compliance with the franchise agreement?
edge_case
What are the potential consequences for an Embassy Suites franchisee if the franchisor's right to use the 'Embassy' trademark is challenged?
edge_case
Does Embassy Suites have the right to participate in negotiating the value of a Gross Rooms Revenue claim with the insurer?
edge_case
In what specific situations might Embassy Suites waive part of the Franchise Application Fee?
edge_case
Under what circumstances will the obligation to repay the principal of the Embassy Suites Development Incentive Note cease?
edge_case
Under what condition will HSS have no obligation to provide Proprietary Software Maintenance services to an Embassy Suites franchisee?
edge_case
Under what conditions can HIH terminate the license agreement with the franchisor regarding the Embassy Suites trademarks?
edge_case
Under what conditions might Embassy Suites require a general release of claims from a franchisee as part of an amendment or waiver?
edge_case
Under what conditions can Embassy Suites require a third-party guaranty as a condition of curing a default related to payment?
edge_case
Under what specific circumstances might Embassy Suites occasionally grant a Restricted Area Provision for a Change of Ownership or Re-licensing?
edge_case
In Virginia, what happens if a default or termination ground in the Embassy Suites Franchise Agreement does not meet the definition of 'reasonable cause' under the Virginia Retail Franchising Act?
edge_case
exception
According to FA §13.2 (7), does the Embassy Suites franchisee's failure to operate due to an Event of Force Majeure automatically lead to termination?
exception
According to the Embassy Suites FDD, what law might supersede the Franchise Agreement's provision requiring application of New York laws?
exception
According to the product use rights agreement for Embassy Suites, under what circumstances are franchisees permitted to reverse engineer, de-compile, or disassemble products or fixes?
exception
According to the Rhode Island addendum, how is Item 17(h) of the Embassy Suites Franchise Disclosure Document amended regarding termination due to insolvency or bankruptcy?
exception
Besides the franchisee, who else can enforce the obligations outlined in the Embassy Suites franchise agreement?
exception
What California code voids a waiver of rights under the Franchise Investment Law if you renew or transfer your Embassy Suites franchise?
exception
What are the criteria that would exclude an Embassy Suites hotel from being considered a 'Comparable Hotel'?
exception
Does the definition of 'Competitor' for Embassy Suites include franchisees of competing brands?
exception
Does the definition of 'Competitor' for Embassy Suites include managers of competing brand hotels?
exception
Does the definition of 'Competitor' for Embassy Suites include minority interest owners in competing brands under certain conditions?
exception
Does the 'Entire Agreement' clause in the Embassy Suites franchise agreement disclaim representations made in the franchise disclosure document furnished to the franchisee?
exception
Does the exclusion of liability for certain damages apply to Embassy Suites' liability for violation of Microsoft's intellectual property rights?
exception
In the Embassy Suites franchise agreement, what condition excuses the franchisee from paying liquidated damages if the failure to complete Hotel Work was the result of Force Majeure?
exception
When must an Embassy Suites franchisee report the theft or loss of Personal Information, and what type of Personal Information is excluded from this reporting requirement?
exception
Is an Embassy Suites franchisee required to operate their hotel 24 hours a day, and are there any exceptions?
exception
Can an Embassy Suites franchisee waive claims under applicable state franchise law, including fraud in the inducement, through any statement, questionnaire, or acknowledgment signed in connection with the commencement of the franchise relationship?
exception
Does the general release language in the Embassy Suites Franchise Agreement relieve the franchisor from liability imposed by the Minnesota Franchise Investment Law?
exception
Does the general release language in Subsection 16.8 of the Embassy Suites Franchise Agreement relieve the franchisor from liability under the Maryland Franchise Registration and Disclosure Law?
exception
Is HSS obligated to provide maintenance, support, or Help Desk services for Certified Third Party Software used by Embassy Suites franchisees?
exception
If a claim against Embassy Suites is based on vicarious liability, can the franchisee rely on the exception to the indemnity obligation?
exception
If an entity manages a Competing Brand hotel, but is not the exclusive manager, are they considered a 'Competitor' of Embassy Suites?
exception
Will Embassy Suites normally grant a Restricted Area Provision for a Change of Ownership or Re-licensing?
exception
Is Embassy Suites permitted to reverse engineer, de-compile, or disassemble products or fixes under the Microsoft Participation Agreement?
exception
What protects an Embassy Suites franchisee's right to use the Marks if HIH terminates the license agreement with the franchisor?
exception
Regarding the Embassy Suites franchise agreement, is the franchisee required to waive their right to a trial by jury?
exception
Regarding Embassy Suites franchise agreements, does subsection 16.2.2 concerning jurisdiction and venue waive any rights conferred upon the franchisee by the Illinois Franchise Disclosure Act?
exception
Does Embassy Suites require a market study for prospective franchisees converting existing hotels?
exception
For Embassy Suites, does the restriction on opening Restricted Brands apply to a chain or group of four (4) or more hotels, motels, or inns that the franchisor or its Affiliates own, operate, acquire, lease, manage, franchise, license, or join through a merger, acquisition or marketing agreement?
exception
For Embassy Suites, does the restriction on opening Restricted Brands apply to gaming-oriented hotels or facilities using the Restricted Brands?
exception
For Embassy Suites, does the restriction on opening Restricted Brands apply to hotels that were already open, under construction, or approved for development as of the Effective Date?
exception
For Embassy Suites, does the restriction on opening Restricted Brands apply to shared ownership properties (commonly known as 'vacation ownership' or 'time share ownership' or similar real estate properties) under the Restricted Brands?
exception
Can any of the Service Quality Improvement Program requirements be waived for an Embassy Suites hotel, and if so, under what circumstances?
exception
What specific types of fees are excluded from the Lender's responsibility if they possess the Embassy Suites Hotel before the Waiver Notice is effective?
exception
Does Subsection 16.2.2 of the Embassy Suites Franchise Agreement, concerning jurisdiction and venue, waive any rights conferred upon the franchisee by the Illinois Franchise Disclosure Act?
exception
In which territories does Hilton Worldwide Manage Limited (HWML) NOT offer Embassy Suites franchises?
exception
Are there any exceptions to the Lender's responsibility for fees owed to the Franchisor if they possess the Embassy Suites Hotel before the Waiver Notice is effective?
exception
Under what circumstances will HSS have no obligation to provide software maintenance services to Embassy Suites?
exception
Under what circumstances are HSS's obligations excluded for Embassy Suites franchisees regarding errors or defects?
exception
Under what circumstances, if any, is Embassy Suites permitted to rent, lease, lend, or host Microsoft products according to the Microsoft Participation Agreement?
exception
Under what circumstances does the Illinois Franchise Disclosure Act allow a person acquiring an Embassy Suites franchise to enter into a settlement agreement or execute a general release regarding a lawsuit?
exception
Under what circumstances is an individual or entity NOT considered a 'Competitor' of Embassy Suites?
exception
Under what circumstances is an individual or entity NOT considered a 'Competitor' of Embassy Suites, even if they are involved with a Competing Brand?
exception
Under what circumstances is Microsoft's liability not limited to direct damages up to the amount paid for the product when dealing with Embassy Suites?
exception
Under what condition does the release in the lender agreement for Embassy Suites not relieve the released parties from liability?
exception
Under what condition will Embassy Suites waive the processing fee for a Permitted Transfer?
exception
Under the Embassy Suites franchise agreement, do all parties waive the right to punitive or exemplary damages in disputes, except for the right of the franchisor or an indemnified party to be indemnified against such damages paid to a third party?
exception
Under Section 16.8 of the Embassy Suites Franchise Agreement, what type of liability, specifically related to Maryland Franchise Law, is NOT released by the General Release?
exception
Under what specific conditions can a release or waiver of rights signed by an Embassy Suites franchisee in Washington include rights under the Washington Franchise Investment Protection Act?
exception
Does the waiver of punitive or exemplary damages in disputes with Embassy Suites limit the right of an indemnified party to be indemnified against the payment of punitive or exemplary damages to a third party?
exception
In Washington, can Embassy Suites enforce a release or waiver of rights that includes rights under the Washington Franchise Investment Protection Act?
exception
factual
Is the $2,500 fee for the Digital Floor Plan for an Embassy Suites hotel refundable?
factual
Can the $7,500 processing fee be waived or reduced when refunding the Franchise Application Fee for an Embassy Suites franchise?
factual
What is the Accelerated track of the Hilton Core Sales Skills program for Embassy Suites designed for?
factual
According to the Embassy Suites agreement, what constitutes the 'Construction Commencement Date' for the hotel?
factual
According to the Embassy Suites agreement, on what equipment is the software permitted to be used?
factual
According to the Embassy Suites agreement, where can I find the definition of terms used in the agreement?
factual
According to the Embassy Suites agreement, what must happen before any hotel work commences?
factual
According to the Embassy Suites agreement, can a publicly traded equity interest be transferred without notice or consent?
factual
According to the Embassy Suites agreement, what is the relationship between Embassy Suites and Hilton Worldwide?
factual
According to the agreement, who has the right to all recoveries made as a result of disputes regarding the use of the Marks or System for an Embassy Suites franchise?
factual
According to the Embassy Suites agreement, what section covers condemnation and casualty events?
factual
According to the amendment, what representation regarding independent investigation does the Embassy Suites franchisee make?
factual
According to the Embassy Suites application, what agreements must the execution of a Franchise Agreement not conflict with?
factual
According to the Embassy Suites application, what must an applicant do if there is a change in any information provided in the application?
factual
According to the Embassy Suites application checklist, what information does Hilton Franchise Holding LLC rely on when considering an application?
factual
According to the application form, what information is required for the 'Location' field when applying for an Embassy Suites franchise?
factual
According to the Embassy Suites application, which state's laws govern the application?
factual
According to the auditor, what level of assurance is provided regarding the accuracy of Embassy Suites' financial statements?
factual
According to the auditor's opinion, do the financial statements of Hilton Franchise Holding LLC, which includes Embassy Suites, present fairly the company's financial position, results of operations, and cash flows?
factual
According to the California Addendum, what California codes provide rights to Embassy Suites franchisees concerning nonrenewal and termination of the Franchise Agreement?
factual
According to the California addendum, what code voids a waiver of rights under the Franchise Relations Act for an Embassy Suites franchise?
factual
According to the California Franchise Investment Law addendum, does the California Department of Business Oversight review or approve Embassy Suites' websites?
factual
According to the California Franchise Investment Law, what must be delivered with the Embassy Suites disclosure document?
factual
According to this disclaimer, does FranChimp.com make any warranties about the completeness of the information regarding Embassy Suites?
factual
According to the disclosure document, what should be reported if the Embassy Suites disclosure document is not delivered on time?
factual
According to the eforea Spa Amendment, what does 'you' or 'your' refer to in the context of an Embassy Suites franchise?
factual
According to Exhibit K, what details about the hotel operating under an Embassy Suites franchise agreement should be inserted in the letter agreement?
factual
According to Exhibit K, what is the expected closing date that needs to be inserted in the document related to an Embassy Suites franchise?
factual
According to Exhibit K, if the lender for an Embassy Suites franchise is not a bank, what additional information needs to be included in the letter agreement?
factual
According to Exhibit K, if there are multiple lenders for an Embassy Suites franchise, what are the alternative ways to handle communication and rights under the letter agreement?
factual
According to Exhibit K, what information should be inserted in the 2nd page header of the document related to an Embassy Suites franchise?
factual
According to Exhibit K, what information about the mortgage loan related to the Embassy Suites franchise should be included in the letter agreement?
factual
According to FA §13.2 (10), what constitutes a Transfer of interest that is not in compliance with the Embassy Suites Franchise Agreement?
factual
According to FA §13.2 (11), what does it mean for an Embassy Suites franchisee, their Affiliate or any Guarantor to become a Sanctioned Person?
factual
According to FA §13.2 (14), what constitutes a threat or danger to public health or safety resulting from the construction, maintenance, or operation of an Embassy Suites hotel?
factual
According to FA §13.2 (15), where can the exception to the rule about becoming a competitor be found in the Embassy Suites Franchise Agreement?
factual
According to FA §13.2 (9), what actions constitute maintaining false books and records of accounts for an Embassy Suites franchise?
factual
According to FA §13.2 (7), what constitutes contesting the ownership of the System for an Embassy Suites franchise?
factual
According to FA §13.2 (8), what specific conduct is considered likely to adversely reflect upon the reputation of an Embassy Suites hotel?
factual
According to Embassy Suites, what factors are considered when determining if a transaction should be accounted for as a business combination versus an asset acquisition?
factual
According to Embassy Suites' fair value measurements, what constitutes an 'observable input'?
factual
According to the Embassy Suites FDD, where can the accounting methods for calculating Monthly Fees be specified?
factual
According to the Embassy Suites FDD, what accounting principles must management adhere to when preparing financial statements?
factual
According to the Embassy Suites FDD, what is the address of Columbus Hotel Partnership, LLC in Columbus, OH?
factual
According to the Embassy Suites FDD, what is the address of the Embassy Suites location associated with Kingston Resort Owner, LLC in Myrtle Beach, South Carolina?
factual
According to the Embassy Suites FDD, what is the address of the Embassy Suites location operated by REHN Invetments LLC in Chicago-O'Hare/Rosemont, Illinois?
factual
According to the Embassy Suites FDD, besides the online version, what other format may the Hilton Franchise Application be provided in?
factual
According to the Embassy Suites FDD, what is considered a 'Permitted Transfer'?
factual
According to the Embassy Suites FDD, which entity is associated with the Embassy Suites located at 670 Verdae Boulevard, Greenville, South Carolina?
factual
According to the Embassy Suites FDD, which entity operated the Embassy Suites location at 10 East Rivercenter Boulevard, Covington, Kentucky 41011?
factual
According to the Embassy Suites FDD, which entity operated the Embassy Suites location at the Southwest quadrant of Highway 90 and Highway 6 in Sugar Land, Texas?
factual
According to the Embassy Suites FDD, which entity operates the Embassy Suites located at Boston at Logan Airport, MA?
factual
According to the Embassy Suites FDD, which entity operates the Embassy Suites location in Chicago-Schaumburg/Woodfield, Illinois?
factual
According to the Embassy Suites FDD, which exhibit lists franchised hotels that were terminated, canceled, not renewed, or had changes in controlling interest during 2024?
factual
According to the Embassy Suites FDD, where can I find the schedule that details information related to the ownership structure of an affiliate fee owner or lessor/sublessor of the hotel or hotel site?
factual
According to the Embassy Suites FDD, what happens to the liquidated damages provisions in the Franchise Agreement?
factual
According to the Embassy Suites FDD, where can the Hilton Franchise Application be completed?
factual
According to the Embassy Suites FDD, if a state is not listed as having a franchise administrator or agent for service of process, does that mean Embassy Suites is required to appoint an agent for service of process in that state to comply with franchise laws?
factual
According to the Embassy Suites FDD, what information is disclosed regarding the ownership structure of an affiliate fee owner or lessor/sublessor of the hotel or hotel site?
factual
According to the Embassy Suites FDD, what items are amended to state that the Franchise Agreement provides for liquidated damages?
factual
According to the Embassy Suites FDD, what is the location of the CPX CANTON AIRPORT, LLC in Akron Canton Airport, OH?
factual
According to the Embassy Suites FDD, how many days does the customer have to pay HSS's invoice for out-of-pocket expenses and additional charges?
factual
According to the Embassy Suites FDD, what are the parts included in the Hilton Franchise Application?
factual
According to the Embassy Suites FDD, what percentage of equity ownership must be disclosed for each hotel listed as owned and/or operated by the applicant and its equity owners?
factual
According to the Embassy Suites FDD, what has been pledged as collateral for the term of the debt agreements?
factual
According to the FDD, what is the primary identifier for an Embassy Suites hotel to be considered part of the 'Brand'?
factual
According to the FDD, who is responsible for the management and operation of an Embassy Suites Hotel?
factual
According to the FDD, is there a technology listed that is specifically not applicable to the Embassy Suites brand?
factual
According to the Embassy Suites FDD, what type of property is the Authorized Equipment considered?
factual
According to the Embassy Suites FDD, until what month and year did Christopher J. Nassetta serve as Chief Executive Officer and President of the former franchising entities?
factual
According to the financial statement audit, what auditing standards were used for the Embassy Suites audit?
factual
According to Embassy Suites' financial statements, what accounting principles are they prepared in accordance with?
factual
According to the financial statements for Embassy Suites, for which years were the statements of comprehensive income and member's equity and cash flows audited?
factual
According to the Embassy Suites Franchise Agreement amendment, what happens to capitalized terms not amended in Section 2?
factual
According to the Embassy Suites Franchise Agreement, who is considered the 'Franchisor'?
factual
According to the Embassy Suites franchise agreement, what constitutes the basis for calculating liquidated damages upon premature termination of the agreement?
factual
According to the Embassy Suites Franchise Agreement, what constitutes 'Construction Work' for the development of the Hotel?
factual
According to the Embassy Suites franchise agreement, what constitutes damage to the image or reputation of the franchisor that could lead to termination?
factual
According to the Embassy Suites franchise agreement, what constitutes Liquidated Damages, and are they considered a penalty?
factual
According to the Embassy Suites franchise agreement, what constitutes Liquidated Damages and how are they viewed?
factual
According to the Embassy Suites franchise agreement, what constitutes a material breach related to the use of Marks?
factual
According to the Embassy Suites franchise agreement, what constitutes a material breach related to the use of Marks and the System?
factual
According to the Embassy Suites franchise agreement, what is the duration of the 'Lender's Cure Period'?
factual
According to the Embassy Suites Franchise Agreement, where may Embassy Suites elect to bring an action against the franchisee?
factual
According to the Embassy Suites Franchise Agreement, where can I find the specific requirements for what constitutes 'under construction' for my hotel?
factual
According to the Embassy Suites franchise agreement, what is the franchisee acknowledging regarding their decision to enter into the agreement?
factual
According to the Embassy Suites franchise agreement, can a franchisee or their design professional use the brand's standards, manual, or approved plans for any project other than their franchised Embassy Suites hotel?
factual