What must an Embassy Suites franchisee do with all goods and materials containing the Marks upon termination or expiration of the Franchise Agreement?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
13.6 Your Obligations on Termination or Expiration. On termination or expiration of this Agreement, you will immediately:
13.6.1 pay all sums due and owing to us or any of our Affiliates, including any expenses incurred by us in obtaining injunctive relief for the enforcement of this Agreement;
13.6.2 cease operating the Hotel as a System Hotel and cease using the System;
13.6.3 cease using the Marks, the Trade Name, and any confusingly similar names, marks, trade dress systems, insignia, symbols, or other rights, procedures, and methods.
You will deliver all goods and materials containing the Marks to us and we will have the sole and exclusive use of any items containing the Marks.
You will immediately make any specified changes to the location as we may reasonably require for this purpose, which will include removal of the signs, custom decorations, and promotional materials;
13.6.4 cease representing yourself as then or formerly a System Hotel or affiliated with the Brand or the Network;
13.6.5 return all copies of the Manual and any other Proprietary Information to us;
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee must deliver all goods and materials containing the Marks to Embassy Suites. Embassy Suites will then have sole and exclusive use of any items containing the Marks. The franchisee must also cease using the Marks, the Trade Name, and any confusingly similar names, marks, trade dress systems, insignia, symbols, or other rights, procedures, and methods.
This requirement ensures that upon termination or expiration, the franchisee no longer benefits from or represents the Embassy Suites brand. This is standard practice in franchising to protect the brand's integrity and prevent confusion in the marketplace. The franchisee is also required to cease operating the hotel as a System Hotel and cease using the System.
In addition to surrendering materials with the Marks, the franchisee must make any specified changes to the location as Embassy Suites may reasonably require for this purpose, which will include removal of the signs, custom decorations, and promotional materials. The franchisee must also cease representing themselves as then or formerly a System Hotel or affiliated with the Brand or the Network and return all copies of the Manual and any other Proprietary Information to Embassy Suites.