Can HSS make changes to the software provided to the Embassy Suites franchisee?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer also acknowledges and agrees that HSS may, at its discretion, make changes in, and substitutions of, the Software.
Any new or additional Software made available to Customer by HSS is licensed to Customer under the terms of this Agreement.
Customer acknowledges and agrees that Customer may be required to purchase some enhancements, improvements, updates, and/or modifications to the Proprietary Software and PEP which Customer will be charged for separately by HSS, as well as additional hardware and/or software in order to utilize certain major upgrades or enhancements.
Any changes, improvements, additions, and/or modifications to any of the Proprietary Software or PEP which are licensed by HSS to Customer, and all proprietary rights therein, including without limitation, all Intellectual Property Rights, will be HSS's sole and exclusive property, and all such software will be subject to the terms and conditions of the Agreement.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to Embassy Suites's 2025 Franchise Disclosure Document, HSS has the discretion to make changes to the software provided to the franchisee. Specifically, HSS may make changes in, and substitutions of, the Software. Any new or additional Software made available to Customer by HSS is licensed to Customer under the terms of this Agreement. However, the franchisee cannot modify the software.
This means that while Embassy Suites franchisees must use the software as provided, HSS retains control over its evolution. This is a fairly standard practice in franchising, where franchisors need to maintain uniformity and control over their systems.
Embassy Suites franchisees may be required to purchase enhancements, improvements, updates, and/or modifications to the Proprietary Software and PEP which Customer will be charged for separately by HSS, as well as additional hardware and/or software in order to utilize certain major upgrades or enhancements. Any changes, improvements, additions, and/or modifications to any of the Proprietary Software or PEP which are licensed by HSS to Customer, and all proprietary rights therein, including without limitation, all Intellectual Property Rights, will be HSS's sole and exclusive property, and all such software will be subject to the terms and conditions of the Agreement.