Is HSS able to modify the Certified Third Party Software used by Embassy Suites?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Customer acknowledges and understands that HSS is unable to modify the Certified Third Party Software.
HSS does not provide support the Certified Third Party Software In the event Customer notifies HSS of any condition which Customer believes constitutes a breach of any warranty provided by a third party vendor or a defect in Certified Third Party Software, HSS will, upon Customer's request, provide reasonable cooperation and assistance in notifying such third party vendor of such condition and in urging such third party vendor to correct such condition.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to the 2025 FDD, HSS is unable to modify the Certified Third Party Software used by Embassy Suites hotels. The FDD specifies that HSS will provide maintenance and support for its Proprietary Software and PEP (presumably a related software product), but this explicitly excludes any maintenance or support for Certified Third Party Software. If a franchisee encounters an issue with Certified Third Party Software, HSS will offer reasonable assistance in contacting the third-party vendor to address the problem.
This arrangement means that Embassy Suites franchisees must rely on the original third-party vendors for any modifications, updates, or technical support related to the Certified Third Party Software. This is a common practice in franchising, where franchisors often integrate third-party software but do not take on the responsibility of modifying or directly supporting it. The franchisee may need to establish a direct relationship with these third-party vendors to ensure proper functionality and support.
The FDD also states that customers may be required to execute a separate license agreement directly with one or more third-party software providers in connection with Certified Third Party Software not licensed from HSS. It is important for prospective franchisees to understand the terms and conditions of these separate license agreements, as they will govern the use and support of the software. Additionally, franchisees must accept all patches, bug fixes, updates, version upgrades, maintenance, and service packs from HSS or the relevant Preferred Provider that are deemed necessary by HSS for the proper function and security of the Software. Failure to accept these updates may result in performance or security issues for which HSS is not responsible.
Embassy Suites franchisees should be aware that HSS reserves the right to make changes and substitutions in the components of the Information System. However, HSS makes no representations or warranties as to any Certified Third Party Software, any Authorized Equipment, or any Services provided by any Preferred Provider and will have no liability whatsoever for the terms and conditions thereof. Therefore, it is crucial for franchisees to carefully review the warranties and support agreements provided by the third-party vendors of the Certified Third Party Software to understand their rights and responsibilities.