Does HSS have the right to make changes to the software provided to Embassy Suites franchisees?
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.
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 right to make changes to the software provided to franchisees. Specifically, HSS may make changes in, and substitutions of, the software at its discretion. Any new or additional software made available to the franchisee by HSS is licensed under the terms of the franchise agreement. This applies to the proprietary software.
However, HSS is unable to modify the Certified Third Party Software. HSS will supply franchisees with access to any standard enhancements, improvements, updates, and/or modifications to the Proprietary Software and PEP generally made available by HSS as options or new releases to its Customers which are not charged for separately by HSS as options or new releases. These updates become the property of HSS and are subject to the terms of the agreement.
Embassy Suites franchisees may be required to purchase some enhancements, improvements, updates, and/or modifications to the Proprietary Software and PEP, and may also need to purchase additional hardware and/or software to utilize certain major upgrades or enhancements. HSS also reserves the right to increase or decrease the Proprietary Software Maintenance cost on an annual basis to reflect increases or decreases in such costs and the addition or construction of additional guest rooms (or suites) by Customer for Customer's Hotel.
HSS may bar Customer's access to the Information System and may temporarily or permanently remove any or all data or other files if HSS determines in its sole discretion that it is necessary or advisable in order to protect in any way and for any reason the Information System.