Under the Embassy Suites franchise agreement, what documents are included in the collective definition of "Franchise Agreement"?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
HILTON FRANCHISE HOLDING LLC, a Delaware limited liability company [IF NEEDED:, successor-by merger to SELECT DOUBLETREE FRANCHISE LLC, a Delaware limited liability company, EMBASSY SUITES FRANCHISE LLC, a Delaware limited liability company, HILTON FRANCHISE LLC, a Delaware limited liability company, HAMPTON INNS FRANCHISE LLC, a Delaware limited liability company, HILTON GARDEN INNS FRANCHISE LLC, a Delaware limited liability company, HOMEWOOD SUITES FRANCHISE, LLC, a Delaware limited liability company, HLT ESP FRANCHISE LLC, a Delaware limited liability company OR SELECT HLT EXISTING FRANCHISE HOLDING LLC, a Delaware limited liability company, successor-in-interest to [DT Doubletree Hotel Systems, Inc. [ES, HAM, HWS Promus Hotels, Inc. [HFS, HGI, CI, WAC Hilton Inns, Inc.] SELECT FOR CANADA: HILTON WORLDWIDE FRANCHISING LP, a limited partnership formed under the laws of England and Wales] ("Franchisor") and, a ("Franchisee") are parties to a franchise agreement dated, including all amendments, riders, supplemental agreements and assignments (collectively, "Franchise Agreement"). Franchisee operates [ will operate ] the [INSERT brand ] hotel [ to be ] located at ("Hotel") under the terms of the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 97–305)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, the term "Franchise Agreement" encompasses several documents. It includes the primary franchise agreement itself, along with all amendments, riders, supplemental agreements, and any assignments related to it. This comprehensive definition ensures that all binding agreements and modifications are considered part of the overall contractual relationship between Embassy Suites and the franchisee.
For a prospective Embassy Suites franchisee, this means that all these documents collectively define their rights and obligations. Franchisees must carefully review not only the initial franchise agreement but also any subsequent changes or additions to fully understand their responsibilities and the terms under which they operate their Embassy Suites hotel. This also means that if the agreement is ever transferred to another party, the new party will also be subject to all of these documents.
This broad definition is typical in franchising, as it allows franchisors like Embassy Suites to adapt the franchise agreement over time through amendments and supplemental agreements without having to execute an entirely new contract. However, it places a responsibility on the franchisee to maintain accurate records of all documents that constitute the Franchise Agreement to ensure compliance and protect their investment.