Is Embassy Suites By Hilton bound by promises or representations not included in the Agreement or FDD?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.11.2 neither we nor our representatives have made any promises, representations or agreements other than those provided in the Agreement or in our franchise disclosure document provided to you in connection with the offer of this Agreement, if applicable, and you acknowledge that you are not relying on any promises, representations or agreements about us or the franchise not expressly contained in this Agreement in making your decision to sign this Agreement;
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, franchisees are acknowledging that Embassy Suites By Hilton is only bound by the promises, representations, and agreements within the franchise agreement and the franchise disclosure document.
Specifically, prospective Embassy Suites By Hilton franchisees must acknowledge that they are not relying on any promises, representations, or agreements about the franchise that are not expressly contained in the agreement when making the decision to sign the agreement. This means that any verbal promises or assurances made by the franchisor's representatives that are not written into the franchise agreement or FDD are not legally binding.
This type of clause is standard within franchise agreements to protect the franchisor from claims based on misunderstandings or undocumented promises. It reinforces the importance of conducting thorough due diligence and ensuring that all material terms and conditions are clearly documented in the franchise agreement. It is important for prospective franchisees to seek legal counsel to review the franchise agreement and disclosure document before signing.