factual

Does the Embassy Suites franchise agreement bind the successors and assigns of the parties involved?

Embassy_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (b) Franchisor may assign this Guaranty without in any way affecting Guarantor's liability. This Guaranty will inure to the benefit of Franchisor and its Affiliates and their successors and assigns and will bind Guarantor and Guarantor's heirs, executors, administrators, successors, and assigns.

Source: Item 22 — CONTRACTS (FDD page 97)

What This Means (2025 FDD)

According to the 2025 Embassy Suites Franchise Disclosure Document, the franchise agreement's terms regarding successors and assigns are detailed within the context of a Guaranty. Specifically, the Guaranty provided by individuals or entities to support the franchisee's obligations can be assigned by Embassy Suites without affecting the Guarantor's liability.

This Guaranty extends to the benefit of Embassy Suites, its affiliates, and their successors and assigns. Simultaneously, it binds the Guarantor, their heirs, executors, administrators, successors, and assigns. This means that if Embassy Suites transfers its rights or obligations under the franchise agreement, the benefits of the Guaranty transfer as well, and the Guarantor's obligations remain in place for their successors.

For a prospective Embassy Suites franchisee, this clause ensures that the obligations under the franchise agreement, particularly those backed by a Guaranty, remain enforceable even if the original parties undergo changes through assignment, inheritance, or other means. It provides Embassy Suites with a continued security interest, while also ensuring that the Guarantor and their successors understand their ongoing responsibilities. This is a fairly standard practice in franchising, as it protects the franchisor's interests over the long term, regardless of changes in ownership or structure on either side.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.