In the context of the Embassy Suites franchise agreement, what does 'Released Parties' collectively refer to?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
fully and forever releases, discharges, and agrees to indemnify, defend, and hold harmless Franchisor, its predecessors, successors and assigns and each of their respective former and present officers, employees, directors, shareholders, partners, members, parents, subsidiaries, affiliates, alter egos, representatives, agents, and attorneys (collectively, the "Released Parties"), from any and all Claims, demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorney's fees, expenses, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity, or otherwise, whether now known or suspected which have existed, may or do exist ("Released Claims"), based on any facts, events, or omissions occurring before the execution of this letter agreement which arise out of, concern, pertain, or relate in any way to the Franchise Agreement [IF APPLICABLE: or the Existing Comfort Letter].
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the term "Released Parties" encompasses a broad range of individuals and entities associated with the franchisor. Specifically, it includes the Franchisor (Hilton Franchise Holding LLC), its predecessors, successors, and assigns.
Furthermore, the definition extends to the former and present officers, employees, directors, shareholders, partners, members, parents, subsidiaries, affiliates, alter egos, representatives, agents, and attorneys of the Franchisor. This comprehensive list ensures that a wide array of individuals and entities connected to the Embassy Suites brand are protected under the release and indemnification clauses within the franchise agreement.
This definition is important because the franchisee agrees to release, discharge, indemnify, defend, and hold harmless all of these "Released Parties" from various claims and liabilities. This release covers a wide range of potential issues, including demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorney's fees, expenses, damages, judgments, orders, and liabilities. The release applies to both known and unknown claims that may arise from events occurring before the execution of the letter agreement and relate to the Franchise Agreement.