What claims are excluded from the general release provided by the Embassy Suites franchisee?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.8 General Release. With the exception of claims related to representations contained in the franchise disclosure document for the Brand, you, on your own behalf and on behalf of, as applicable, your officers, directors, managers, employees, heirs, administrators, executors, agents and representatives and their respective successors and assigns hereby release, remise, acquit and forever discharge us and our Affiliates and our and their respective officers, directors, employees, managers, agents, representatives and their respective successors and assigns from any and all actions, claims, causes of action, suits, rights, debts, liabilities, accounts, agreements, covenants, contracts, promises, warranties, judgments, executions, demands, damages, costs and expenses, whether known or unknown at this time, of any kind or nature, absolute or contingent, existing at law or in equity, on account of any matter, cause or thing
whatsoever that has happened, developed or occurred relating to this Agreement or the relationship between you and us on or before the Effective Date of this Agreement. This release will survive the termination of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the general release provided by a franchisee does not include claims related to representations contained in the franchise disclosure document for the brand. This means that while franchisees generally release Embassy Suites and its affiliates from various potential claims and liabilities, they retain the right to make claims based on the information presented in the FDD itself. This is a standard protection for franchisees, ensuring they can hold the franchisor accountable for the accuracy of the information provided during the franchise sales process.
This exclusion is significant because the FDD contains crucial information that prospective franchisees rely on when making their investment decisions. These documents include details about initial investment costs, ongoing fees, obligations, and the performance history of existing franchises. If a franchisee believes that Embassy Suites misrepresented information in the FDD, this clause ensures they are not barred from pursuing legal action based on those misrepresentations.
It is important for prospective Embassy Suites franchisees to carefully review the FDD and any related documents with legal counsel before signing any agreements. This review should focus on identifying any potential discrepancies or misrepresentations that could form the basis of a future claim. Understanding this exclusion in the general release allows franchisees to protect their rights and interests in the event of disputes with the franchisor.