Must all notices under the Embassy Suites By Hilton agreement be in writing?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
You must send notices to us under this Subsection as follows: Hilton Franchise Holding LLC, Attention: General Counsel, 7930 Jones Branch Drive, Suite 1100, McLean, VA 22102.
Notice sent under this Subsection will be deemed effective on the earlier of: (a) receipt, or first refusal of delivery; (b) one (1) day after posting, if sent by overnight commercial delivery service or overnight United States Mail; or (c) three (3) days after placement in United States certified mail, return receipt requested.
- 16.7.3 Other Notices: If a Party wishes to send a notice to the other Party regarding any issue other than those issues specified in Subsection 16.7.2, the Party may send the notice by any method described in Subsection 16.7.2, or by email.
You may send notices under this Subsection to us to: Legal.Development@hilton.com or such other email address as we may periodically designate by notice to you.
You may periodically designate additional Persons to receive other types of notices from us by the methods we periodically specify.
We may send notices to you under this Subsection to the email address designated for your PLC, or to the email address for other persons you designate for these notices.
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, all notices under the franchise agreement must be in writing. This requirement ensures a clear record of communication between Embassy Suites By Hilton and the franchisee, which can be crucial for legal and operational purposes.
For notices regarding default, termination, or threatened litigation, the franchisee or Embassy Suites By Hilton must deliver these in person, via prepaid overnight courier, or via prepaid overnight or certified U.S. mail with return receipt requested if overnight delivery isn't available. Embassy Suites By Hilton will send these notices only to the franchisee's Principal Legal Correspondent (PLC). The franchisee must send these notices to Hilton Franchise Holding LLC's General Counsel at a specified address. These notices are effective upon receipt, first refusal of delivery, one day after posting for overnight services, or three days after placement in certified U.S. mail.
For other notices, a party can use the methods described above or send the notice by email. The franchisee can send these notices to Legal.Development@hilton.com or another email address designated by Embassy Suites By Hilton. Embassy Suites By Hilton can send these notices to the email address designated for the franchisee's PLC or to other designated persons. This multi-channel approach provides flexibility while maintaining a written record. The franchisee must designate a single PLC, whose notice address cannot be a P.O. Box or the same as the hotel address, and changes to the PLC or their contact information must be communicated as per the outlined procedures.