If the 'Standards' for Embassy Suites change, does that affect the definition of the 'Brand'?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Embassy Suites, as that name is used to identify the chain of hotels operated under the same Chain Code and Standards. The Brand does not mean Hilton Worldwide, its Affiliates, or any other brands, product lines, or chains of hotels that include the words "Embassy," "Suites," or "Hilton" as any part of their brand name.
"Standards" means all standards, specifications, requirements, criteria, and policies that have been and are in the future developed and compiled by us for use by you in connection with the design, construction, renovation, refurbishment, appearance, equipping, furnishing, supplying, opening, operating, maintaining, marketing, services, service levels, quality, and quality assurance of System Hotels, including the Hotel, and for hotel advertising and accounting, whether contained in the Manual or set out in this Agreement or other written communication. The Standards do not include any personnel policies or procedures that we may, at our option, make available to you.
9.2.1.1 The Hotel will be initially known by the Trade Name set forth in the Addendum. We may change the Trade Name, the Brand name and/or any of the Marks (but not the Principal Mark), or the way in which any of them (including the Principal Mark) are depicted, at any time at our sole option and at your expense. You may not change the Trade Name without our specific prior written consent.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the brand name is linked to the 'Standards' of the hotel chain. Specifically, the FDD defines the Embassy Suites brand as the chain of hotels operated under the same Chain Code and Standards. This means that the 'Standards' are integral to the definition of what constitutes an Embassy Suites hotel.
For a prospective franchisee, this definition implies that adherence to the current 'Standards' is crucial for maintaining the brand identity of their hotel. If Embassy Suites modifies its 'Standards' in the future, franchisees will be obligated to adapt their hotel operations to comply with these changes. Failure to meet the updated 'Standards' could potentially lead to a breach of the franchise agreement and impact the hotel's standing within the Embassy Suites system.
The FDD also defines 'Standards' broadly as all specifications, requirements, criteria, and policies developed by Embassy Suites for various aspects of the hotel. These aspects include design, construction, renovation, appearance, equipping, operating, marketing, and quality assurance. Given this comprehensive scope, changes to the 'Standards' could have wide-ranging implications for franchisees, affecting everything from the physical appearance of the hotel to its service levels and marketing strategies.
It is important to note that Embassy Suites retains the right to modify the Trade Name, the Brand name, and/or any of the Marks (but not the Principal Mark) at any time at its sole option and at the franchisee's expense. This reinforces the franchisor's control over the brand's identity and standards, and highlights the franchisee's obligation to adapt to these changes.