For Embassy Suites, what action by the customer deems the Letter Agreement to have been automatically amended?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon HSS' receipt of a copy of this Letter Agreement signed by a duly authorized representative of Customer, the Agreement will be deemed to have been automatically amended to incorporate the items of this Letter Agreement. Customer agrees that Customer's delivery to HSS by facsimile transmission of this Letter Agreement will be deemed to be as effective for all purposes as hand delivery of the manually executed Letter Agreement and that the terms of this Letter Agreement will be binding upon Customer without the necessity of any further action by HSS. This Letter Agreement will be effective as of the date inserted by Customer below.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the Letter Agreement between the Customer and Hilton Systems Solutions, LLC (HSS) will be automatically amended once HSS receives a copy of the Letter Agreement that has been signed by an authorized representative of the Customer. This Letter Agreement confirms the Customer's request to acquire additional software and/or services to add options, features and/or systems to the Information System.
This means that the Customer's signature on the Letter Agreement is a critical step in the process. Once HSS receives the signed copy, the existing Hilton Information Technology System Agreement is automatically updated to include the new items outlined in the Letter Agreement. The terms of the Letter Agreement become binding on the Customer without any further action needed from HSS.
Furthermore, the FDD states that delivering the Letter Agreement to HSS via facsimile transmission is considered as effective as delivering the manually executed Letter Agreement by hand. This provision streamlines the amendment process, allowing for quicker implementation of the new additions to the Information System. The Letter Agreement becomes effective as of the date inserted by the Customer on the document.