What documents are included in the 'Agreement' for an Embassy Suites By Hilton franchise?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Agreement" means this Franchise Agreement, including any exhibits, attachments and addenda.
INFORMATION TECHNOLOGY SYSTEM AGREEMENT
THIS INFORMATION TECHNOLOGY SYSTEM AGREEMENT ("Agreement") is entered into as of %HotelApprovedDate% (the "Effective Date") by and between Hilton Systems Solutions, LLC ("HSS") and %LegalEntity% ("Customer"), each of which is a "Party" and both of which are, collectively, the "Parties". This Agreement includes all of its attachments, exhibits, schedules and Order Documents as well as all other documents expressly incorporated into it by reference.
- 1.1 Use of Relationship Agreement. The provisions of this Agreement will be deemed to include all of the terms, requirements, covenants and conditions contained in either (i) the Customer's Franchise Agreement; or (ii) the Customer's Management Agreement, (the "Relationship Agreement"), with such modifications as are necessary to make them applicable to this Agreement and the Parties as if set out in full in this Agreement. In the event that both a Customer's Franchise Agreement and Customer's Management Agreement exist, without prejudice to Article 7 (Precedence and Interpretation) then only the terms, requirements, covenants and conditions contained in the Customer's Franchise Agreement will be deemed to be incorporated into this Agreement.
| I received a disclosure document dated March 30, 2025, that included the following Exhibits: | | | |----------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------|--| | Exhibit D | Franchise Agreement and Addendum | | | Exhibit D-1 | State Addenda to Franchise Agreement | | | Exhibit D-3 | Eforea Spa Amendment | | [IF APPLICABLE EXHIBIT
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, the Franchise Agreement includes any exhibits, attachments, and addenda.
Additionally, the Information Technology System Agreement incorporates all attachments, exhibits, schedules, and Order Documents, along with other documents expressly referenced within it. The Information Technology System Agreement also includes all terms, requirements, covenants, and conditions contained in either the Customer's Franchise Agreement or the Customer's Management Agreement. If both agreements exist, the Franchise Agreement terms take precedence.
Furthermore, Exhibit D of the disclosure document includes the Franchise Agreement and its addendum, while Exhibit D-1 lists state addenda to the Franchise Agreement. Other exhibits, such as the Eforea Spa Amendment (Exhibit D-3), Shared Facilities Addendum, Property Improvement Plan, and Restaurant Brand Amendment, may also be included if applicable.