What is the non-refundable processing fee that an Embassy Suites franchisee must submit with offering documents for securities?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
nce to you, generally within thirty (30) days after the date of Closing;
12.2.2.4 you conclude to our satisfaction, or provide adequate security for, any suit, action, or proceeding pending or threatened against you, us or any of our Affiliates with respect to the Hotel, which may result in liability on the part of us or any of our Affiliates;
12.2.2.5 you, Transferee and/or Equity Owner(s) of Transferee, submit to us all information related to the Transfer that we require;
12.2.2.6 Transferee meets our then-current business requirements for new
franchisees; and
12.2.2.7 Transferee agrees to indemnify, hold harmless, and defend us and our Affiliates against any inquiry, investigation, suit, action, or proceeding arising out of or in connection with any fees or costs charged to patrons or guests by you.
12.3 Public Offering or Private Placement.
- 12.3.1 Any offering by you of Securities requires our review if you use the Marks, or refer to us or this Agreement in your offering. All materials required by any Law for the offer or sale of those Securities must be submitted to us for review at least sixty (60) days before the date you distribute those materials or file them with any governmental agency, including any materials
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to Embassy Suites's 2025 Franchise Disclosure Document, if a franchisee plans to offer securities and uses the Embassy Suites marks or refers to the franchise agreement in their offering, they must first submit all offering materials to Embassy Suites for review at least 60 days before distributing the materials or filing them with any government agency.
To initiate this review process, the franchisee must submit a non-refundable processing fee of $5,000 along with the offering documents. Additionally, the franchisee is responsible for covering any further costs that Embassy Suites incurs while reviewing these documents, including reasonable attorney's fees.
Embassy Suites retains the right to approve any descriptions of the franchise agreement, the relationship between the franchisee and Embassy Suites, or any use of the Embassy Suites marks within the franchisee's prospectus, offering memorandum, or other communications related to the sale of securities. However, Embassy Suites's review of these documents does not constitute an endorsement of any statements within them, including financial projections, nor does it guarantee compliance with any laws.