To whom should an Embassy Suites By Hilton franchisee send notices of default and termination?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
r the terms of this Agreement. You also may not claim damages by way of set-off, counterclaim or defense for our withholding of consent. Your sole remedy for the claim will be an action or proceeding to enforce the provisions of this Agreement by specific performance or by declaratory judgment.
- 16.7 Notices. All notices under this Agreement must be in writing.
- 16.7.1 Principal Legal Correspondent ("PLC"). You must designate a single Person to be your duly authorized representative to issue and receive notices as described in Subsection 16.7.2. Your designee will be your PLC under this Agreement. You may have only one PLC. The notice address for your PLC may not be a P.O. Box, and the notice address for your PLC may not be the same as the Hotel address. The notice address for your PLC will be set forth initially on the Addendum to this Agreement. If you want to change the person designated as your PLC, or the address or email for notice to your PLC, you may do so at any time by sending a notice to us in accordance with Subsection 16.7.3 or as otherwise directed by us.
- 16.7.2 Notices of Default and Termination, or Threatened Litigation. Any notice from you or from us declaring default of a provision of this Agreement, or potential or final termination of this Agreement, must be delivered in person, or by prepaid overnight courier delivery service, or by prepaid overnight United States mail, or by prepaid certified United States mail, return-receipt requested, if overnight delivery is not available to the notice address. We will send notices under this Subsection only to your PLC.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, a franchisee must send formal notices regarding default, termination, or threatened litigation to Hilton Franchise Holding LLC. The notice must be directed to the attention of the General Counsel at 7930 Jones Branch Drive, Suite 1100, McLean, VA 22102.
The FDD specifies acceptable methods for delivering these critical notices. Franchisees must use in-person delivery, prepaid overnight courier, prepaid overnight U.S. mail, or prepaid certified U.S. mail with return receipt requested (if overnight delivery is unavailable). The method of delivery impacts when the notice is considered effective. It's deemed effective upon receipt or first refusal of delivery, one day after posting for overnight services, or three days after placement in certified U.S. mail with return receipt requested.
For other general notices outside of default or termination, Embassy Suites By Hilton franchisees can use any of the methods above or send an email to Legal.Development@hilton.com, or another email address that Embassy Suites By Hilton may designate. Embassy Suites By Hilton may also specify additional individuals to receive other types of notices. Embassy Suites By Hilton may send these other notices to the email designated for the franchisee's Principal Legal Correspondent (PLC) or to other designated individuals.
It is important for prospective Embassy Suites By Hilton franchisees to understand these notice requirements, as they govern how official communications are handled, especially concerning critical issues like default or termination of the franchise agreement. Failing to adhere to the specified methods and addresses could impact the validity and timeliness of such notices, potentially affecting the franchisee's rights and obligations.