What claims are excluded from the general release provided by the Embassy Suites By Hilton franchisee?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.8 General Release. With the exception of claims related to representations contained in the franchise disclosure document for the Brand, you, on your own behalf and on behalf of, as applicable, your officers, directors, managers, employees, heirs, administrators, executors, agents and representatives and their respective successors and assigns hereby release, remise, acquit and forever discharge us and our Affiliates and our and their respective officers, directors, employees, managers, agents, representatives and their respective successors and assigns from any and all actions, claims, causes of action, suits, rights, debts, liabilities, accounts, agreements, covenants, contracts, promises, warranties, judgments, executions, demands, damages, costs and expenses, whether known or unknown at this time, of any kind or nature, absolute or contingent, existing at law or in equity, on account of any matter, cause or thing
whatsoever that has happened, developed or occurred relating to this Agreement or the relationship between you and us on or before the Effective Date of 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, the general release provided by the franchisee does not apply to claims related to representations made within the franchise disclosure document itself. This means that while franchisees generally release Embassy Suites By Hilton from various claims and liabilities related to the franchise agreement, they retain the right to pursue claims based on misrepresentations or omissions in the FDD. This protection ensures that franchisees can hold Embassy Suites By Hilton accountable for the accuracy and completeness of the information provided in the disclosure document.
This exclusion is significant for prospective franchisees because it provides a legal avenue to address any discrepancies or misleading information discovered in the FDD. Franchisees are encouraged to carefully review the FDD and seek legal counsel to understand their rights and obligations. If a franchisee believes that the FDD contains false or misleading information that induced them to invest in the franchise, this exclusion allows them to pursue legal remedies against Embassy Suites By Hilton.
It is important to note that this exclusion is specifically tied to the representations within the FDD. Other claims, such as those arising from operational disputes or breaches of contract, may still be subject to the general release. Therefore, franchisees should be aware of the scope and limitations of this exclusion and seek legal advice to determine the best course of action in any given situation. Furthermore, some states like Maryland and North Dakota have addenda that further modify the general release to protect franchisees under their state franchise laws.