Where can I find the Effective Date of the Embassy Suites By Hilton franchise agreement?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
eement is deleted in its entirety and replaced with the following:
- 16.11.1 you have independently investigated the risks of operating the Hotel and a spa under the Brand, including current and potential market conditions and competitive factors and risks, and have made an independent evaluation of all such matters and reviewed our Franchise Disclosure Document, if applicable.
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- Original Document. This Amendment may be executed in any number of counterparts, and delivered by facsimile or other electronic transmission, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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- Authority. Franchisee represents and warrants that the individual signing this Amendment on its behalf has the necessary authority and legal capacity to execute this instrument and represent Franchisee.
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- Effect. The terms of this Amendment are expressly made subject to and are governed by the Franchise Agreement. Except as specifically amended by this Amendment, the Franchise Agreement shall continue in full force and effect. In the event of a conflict between the terms of the Franchise Agreement and this Amendment, this Amendment shall control.
IN WITNESS WHEREOF the parties have executed this Amendment as indicated below to take effect as of the Effective Date.
[INSERT FRANCHISEE ENTITY], a [INSERT TYPE OF ENTITY] HILTON FRANCHISE HOLDING LLC, a Delaware limited liability company Executed: Executed:
EXHIBIT E
U.S. GUARANTY OF FRANCHISE AGREEMENT
Insert Hotel Name
[THE BRACKETED LANGUAGE IS INSERTED FOR A SITE RELATED GUARANTY WITH TENANT-IN-COMMON (TIC) OWNERSHIP]
| THIS U.S. GUARANTY | OF FRANCHISE AGREEMENT ("Guaranty") is executed as of [Date] | ||
|---|---|---|---|
| ("Effective Date") by, | a[jointly, severally, | ||
| individually and collectively] | ("Guarantor"), in favor of HILTON FRANCHISE HOLDING | LLC, a Delaware | |
| limited liability company | confirm Franchisor entity, as consideration of and as an | ||
| ("Franchisor") | |||
| inducement to Franchisor to execute the franchise agreement with | an Effective Date of [Date] | (referred to | |
| in | collectively, along with all applicable amendments, addenda, riders, supplemental | ||
| this Guaranty | |||
| agreements and assignments, | as the "Franchise | Agreement") bet |
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, the effective date of the franchise agreement can be found in several exhibits and addenda, depending on the specific agreement type and any amendments. For instance, the U.S. Guaranty of Franchise Agreement uses an effective date, as does the Eforea Spa Amendment to Franchise Agreement. Additionally, the Technology Service Provider (TSP) Agreement states that the effective date will be the date signed by Hilton Supply Management (HSS).
Specifically, the U.S. Guaranty of Franchise Agreement identifies the effective date as the date the guaranty is executed. Similarly, the Eforea Spa Amendment to Franchise Agreement specifies that it is made and entered into as of a certain date, which is referred to as the "Effective Date." This date is where the franchisee has applied to operate an eforea spa in connection with the operation of the Hotel.
For the TSP Agreement, the "Effective Date" is defined as the date signed by HSS. This agreement also notes that references to "this Agreement" in incorporated provisions should be construed to include the TSP Agreement itself, with provisions being reasserted and re-acknowledged as of the effective date. Therefore, a franchisee should refer to the specific agreement, amendment, or guaranty to determine the relevant effective date, as it may vary depending on the document and the parties involved.