Does the Embassy Suites franchise agreement allow for signing in counterparts and conducting transactions by electronic means?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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- This Addendum may be executed in 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.
[INSERT FRANCHISEE ENTITY], HILTON FRANCHISE HOLDING LLC, a [INSERT TYPE OF ENTITY] a Delaware limited liability company Title: Authorized Signatory Executed on: Executed on:
EXHIBIT D-1
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the franchise agreement addendum may be executed in counterparts and delivered by facsimile or other electronic transmission. This means that the parties can sign separate copies of the same document, and these copies, when taken together, constitute a single, binding agreement. Further, these signatures can be transmitted electronically, such as via fax or email. This applies specifically to the eforea Spa Amendment and the Shared Facilities Arrangement Addendum.
This flexibility can streamline the signing process, especially when the parties are geographically separated. It allows for quicker execution of the agreement, as original signatures and physical delivery are not required. This is a fairly standard practice in modern franchising, as it accommodates the fast pace of business and technological advancements.
However, it's important for prospective Embassy Suites franchisees to understand that while electronic signatures and counterpart execution are permitted, all other terms and conditions of the franchise agreement remain in full force and effect. Franchisees should carefully review the entire agreement and any addenda to fully understand their rights and obligations.