Does the Embassy Suites franchise agreement require all notices to be in writing?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
16.7 Notices. All notices under this Agreement must be in writing.
16.7.1 Principal Legal Correspondent ("PLC"). You must designate a single Person to be your duly authorized representative to issue and receive notices as described in Subsection 16.7.2.
Your designee will be your PLC under this Agreement.
You may have only one PLC.
The notice address for your PLC may not be a P.O. Box, and the notice address for your PLC may not be the same as the Hotel address.
The notice address for your PLC will be set forth initially on the Addendum to this Agreement.
If you want to change the person designated as your PLC, or the address or email for notice to your PLC, you may do so at any time by sending a notice to us in accordance with Subsection 16.7.3 or as otherwise directed by us.
- 16.7.2 Notices of Default and Termination, or Threatened Litigation.
Any notice from you or from us declaring default of a provision of this Agreement, or potential or final termination of this Agreement, must be delivered in person, or by prepaid overnight courier delivery service, or by prepaid overnight United States mail, or by prepaid certified United States mail, return-receipt requested, if overnight delivery is not available to the notice address.
We will send notices under this Subsection only to your PLC.
You must send notices to us under this Subsection as follows: Hilton Franchise Holding LLC, Attention: General Counsel, 7930 Jones Branch Drive, Suite 1100, McLean, VA 22102.
Notice sent under this Subsection will be deemed effective on the earlier of: (a) receipt, or first refusal of delivery; (b) one (1) day after posting, if sent by overnight commercial delivery service or overnight United States Mail; or (c) three (3) days after placement in United States certified mail, return receipt requested.
- 16.7.3 Other Notices: If a Party wishes to send a notice to the other Party regarding any issue other than those issues specified in Subsection 16.7.2, the Party may send the notice by any method described in Subsection 16.7.2, or by email.
You may send notices under this Subsection to us to: Legal.Development@hilton.com or such other email address as we may periodically designate by notice to you.
You may periodically designate additional Persons to receive other types of notices from us by the methods we periodically specify.
We may send notices to you under this Subsection to the email address designated for your PLC, or to the email address for other persons you designate for these notices.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, all notices under the franchise agreement must be in writing. This requirement ensures a clear record of communication between Embassy Suites and its franchisees, which can be crucial for legal and operational purposes.
The agreement also specifies how certain types of notices must be delivered. Notices regarding default, termination, or threatened litigation must be delivered in person, by prepaid overnight courier, or by certified U.S. mail with return receipt requested. Embassy Suites will send these notices only to the franchisee's Principal Legal Correspondent (PLC). The franchisee must send such notices to Hilton Franchise Holding LLC at a specified address.
For other notices not related to default or termination, the franchisee may send the notice by any method described above, or by email to a specified email address. Embassy Suites may send these other notices to the email address designated for the franchisee's PLC or to other persons the franchisee designates for such notices. This multi-channel approach to notice ensures that important communications are documented and received promptly, while also providing flexibility for routine matters.