Is the 'Brand' definition for Embassy Suites consistent across all franchise agreements?

According to Embassy Suites's 2025 Franchise Disclosure Document, the definition of "Brand" can vary depending on the specific agreement and whether an eforea spa is involved. For a standard Embassy Suites hotel, "Brand" refers to the name used to identify the chain of hotels operated under the same Chain Code and Standards. Specifically, the brand name can be either "Embassy Suites" or "Embassy Suites by Hilton". This definition explicitly excludes Hilton Worldwide, its Affiliates, and any other brands that include "Embassy," "Suites," or "Hilton" as part of their name. This ensures clarity and prevents confusion with other Hilton-affiliated brands.

However, if the franchisee also operates an eforea spa in connection with the hotel, the definition of "Brand" expands. In this case, "Brand" means the brand name set forth in the Addendum for the hotel, as well as the brand name "eforea" for the spa. This is detailed in the eforea Spa Amendment to the Franchise Agreement, which modifies the original agreement to include the spa operation. The amendment also updates other definitions, such as "Hotel," to include the eforea spa and any approved land for additions or facilities.

This variation in the definition of "Brand" highlights the importance of carefully reviewing the specific franchise agreement and any related amendments. Prospective franchisees should pay close attention to the Addendum and any additional agreements, such as the eforea Spa Amendment, to fully understand the scope of the license being granted and the specific brand names they are authorized to use. This ensures compliance with the franchise agreement and avoids potential disputes over brand usage.