What software is HSS obligated to maintain or repair for Embassy Suites franchisees?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer Responsibilities.
HSS has no obligation to maintain or repair any software other than the Proprietary Software or PEP, nor to repair or replace any expendable or consumable components such as ribbons, paper, toner cartridges, print wheels, drums, batteries, or diskettes.
- B. The first monthly payment will be invoiced in advance of the shipment date to the Hotel (the date of shipment being the "Start Date") of the Authorized Equipment purchased which will operate Proprietary Software to be maintained. For the avoidance of doubt, HSS has no obligation to provide Customer with maintenance, support or Help Desk services for any Certified Third Party Software; maintenance support and services for Certified Third Party Software is to be provided by the applicable Preferred Provider pursuant to the applicable Master Agreement. The Proprietary Software and PEP maintenance and support offered by HSS is described in Schedule A.
- (b) With respect to the Proprietary Software and PEP, provided Customer has paid all software maintenance and other fees and satisfied all other obligations under this Agreement, HSS will supply Customer 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.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, HSS is only obligated to maintain and support the Proprietary Software and PEP (presumably, a software program) for Embassy Suites franchisees. This excludes any maintenance and support for Certified Third Party Software.
HSS will provide franchisees with access to standard enhancements, improvements, updates, and modifications to the Proprietary Software and PEP, provided the franchisee has paid all software maintenance and other fees and satisfied all other obligations under the agreement. These updates are generally made available to HSS customers and are not charged separately. Any such enhancements become the sole property of HSS and are subject to the terms and conditions of the agreement.
Embassy Suites franchisees should understand that HSS is unable to modify the Certified Third Party Software and does not provide support for it. If a franchisee believes there is a breach of warranty or a defect in the Certified Third Party Software, HSS will offer reasonable assistance in notifying the third-party vendor and urging them to correct the issue.
If an Embassy Suites franchisee uses any software other than that provided by HSS, without written approval from the HSS Information Technology Department, HSS has no obligation to provide any software maintenance services. Similarly, if a franchisee uses or installs any third-party software other than Certified Software on the Authorized Equipment, or uses equipment that is not Authorized Equipment, HSS will not be obligated to provide software maintenance services.