Where can I find the 'Effective Date' of my Embassy Suites Franchise Agreement?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
dently investigated the risks of operating the Hotel and a spa under the Brand, including current and potential market conditions and competitive factors and risks, and have made an independent evaluation of all such matters and reviewed our Franchise Disclosure Document, if applicable.
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- Original Document. This Amendment may be executed in any number of counterparts, and delivered by facsimile or other electronic transmission, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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- Authority. Franchisee represents and warrants that the individual signing this Amendment on its behalf has the necessary authority and legal capacity to execute this instrument and represent Franchisee.
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- Effect. The terms of this Amendment are expressly made subject to and are governed by the Franchise Agreement. Except as specifically amended by this Amendment, the Franchise Agreement shall continue in full force and effect. In the event of a conflict between the terms of the Franchise Agreement and this Amendment, this Amendment shall control.
IN WITNESS WHEREOF the parties have executed this Amendment as indicated below to take effect as of the Effective Date.
[INSERT FRANCHISEE ENTITY], a HILTON FRANCHISE HOLDING LLC, [INSERT TYPE OF ENTITY] a Delaware limited liability company Executed: Executed:
EXHIBIT E
U.S. GUARANTY OF FRANCHISE AGREEMENT
Insert Hotel Name
[THE BRACKETED LANGUAGE IS INSERTED FOR A SITE RELATED GUARANTY WITH TENANT-IN-COMMON (TIC) OWNERSHIP]
| THIS U.S. GUARANTY | OF FRANCHISE AGREEMENT ("Guaranty") is executed as of [Date] | ||
|---|---|---|---|
| ("Effective Date") by, | a[jointly, severally, | ||
| individually and collectively] | ("Guarantor"), in favor of HILTON FRANCHISE HOLDING | LLC, a Delaware | |
| limited liability company | confirm Franchisor entity, as consideration of and as an | ||
| ("Franchisor") | |||
| inducement to Franchisor to execute the franchise agreement with | an Effective Date of [Date] | (referred to | |
| in | collectively, along with all applicable amendments, addenda, riders, supplemental | ||
| this Guaranty | |||
| agreements and assignments, | as the "Franchise | Agreement") between | Franchisor and |
| , | a | ("Franchisee"). Capitalized | |
| terms not otherwise defined in this Guaranty shall have the same meaning as in the Franchise | |||
| Agreement. |
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the 'Effective Date' of the franchise agreement is referenced in several contexts. Exhibit D-3, the Eforea Spa Amendment to Franchise Agreement, states that the amendment is made as of '[INSERT DATE]' which is also referred to as the 'Effective Date'.
Additionally, the Franchise Agreement document itself indicates that it is dated as of the Effective Date. The U.S. Guaranty of Franchise Agreement also mentions the 'Effective Date' in relation to the execution of the guaranty.
Furthermore, the document notes that certain obligations, such as those related to fees and charges from a former franchise agreement, are tied to the Effective Date of the new agreement. Similarly, renovation commencement dates and work completion dates are calculated from the Effective Date. Therefore, franchisees should carefully note the Effective Date as it triggers various obligations and deadlines under the agreement.