What cooperation is Embassy Suites required to provide HSS regarding software problems?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
ses or installs any third party software other than Certified Software on the Authorized Equipment or uses equipment that is not Authorized Equipment, HSS will have no further obligations to provide any software maintenance services to Customer hereunder.
3. Software Maintenance.
- (a) Customer acknowledges and understands that HSS is unable to modify the Certified Third Party Software. HSS does not provide support the Certified Third Party Software In the event Customer notifies HSS of any condition which Customer believes constitutes a breach of any warranty provided by a third party vendor or a defect in Certified Third Party Software, HSS will, upon Customer's request, provide reasonable cooperation and assistance in notifying such third party vendor of such condition and in urging such third party vendor to correct such condition.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to Embassy Suites's 2025 Franchise Disclosure Document, when a franchisee notifies HSS (the software maintenance provider) of a condition believed to be a defect in Certified Third Party Software, Embassy Suites is required to provide reasonable cooperation and assistance, upon request, in notifying the third-party vendor of the issue and urging them to correct it. However, HSS is unable to modify the Certified Third Party Software and does not provide support for it.
For Proprietary Software and PEP (presumably another software), Embassy Suites must provide HSS with all information, data, and other required materials necessary for HSS to reproduce any problem identified by the franchisee. Additionally, the franchisee must maintain a modem and dial-up telephone line, along with a mutually acceptable electronic communication capability, to facilitate HSS's remote maintenance services.
Embassy Suites is also responsible for telephone toll charges incurred while receiving maintenance and support. If HSS cannot resolve the problem remotely, they will dispatch service personnel to the franchisee's site at HSS's standard rates and charges. However, HSS is not obligated to maintain or repair software other than the Proprietary Software or PEP, or to repair or replace expendable components. It is important for prospective franchisees to understand these support parameters and potential costs associated with software maintenance and on-site services.