What is the purpose of the 'WHEREAS' clauses in the eforea Spa Amendment for an Embassy Suites?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS EFOREA SPA AMENDMENT TO FRANCHISE AGREEMENT ("Amendment") is made and entered into by and between HILTON FRANCHISE HOLDING LLC, a Delaware limited liability company ("we," "us," or "our") and the franchisee entity ("you," or "your") set forth in the Addendum attached to the franchise agreement dated [INSERT DATE] ("Franchise Agreement") as of [INSERT DATE] ("Effective Date").
WHEREAS, the Franchise Agreement permits you to operate the Hotel as a [INSERT] Brand hotel ("Hotel"); you have applied to operate an eforea spa ("eforea spa") in connection with the operation of the Hotel; we are willing to accept such application and grant a license to you to use the Brand in the operation of an eforea spa at the Hotel Site pursuant to the Franchise Agreement as amended by this Amendment.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the 'WHEREAS' clauses in the eforea Spa Amendment to the Franchise Agreement serve to establish the context and purpose of the amendment. These clauses outline the existing agreement between Hilton Franchise Holding LLC and the franchisee, acknowledging that the franchisee is permitted to operate a hotel under a specific brand.
Specifically, the 'WHEREAS' clauses state that the franchisee has applied to operate an eforea spa in connection with the operation of the hotel. Furthermore, they indicate that Hilton is willing to accept this application and grant a license to the franchisee to use the brand in the operation of the eforea spa at the hotel site, contingent upon the Franchise Agreement being amended by this specific amendment.
In essence, these clauses provide a clear understanding of the intent and agreement between both parties: the franchisee's desire to add a spa and Hilton's willingness to allow it under specific, amended terms. This sets the stage for the legally binding terms and conditions outlined in the subsequent sections of the amendment.