What is the role of the Applicant in the Embassy Suites By Hilton franchise application process?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
This franchise application letter ("Application Letter") is provided to Hilton Franchise Holding LLC ("Franchisor"), a subsidiary of Hilton Worldwide Holdings Inc. ("Hilton Worldwide"), authorized to consider and process an application for a franchise to operate a hotel under the Brand at the Location in the United States ("Hotel"). The present or future subsidiaries and affiliates of Hilton Worldwide are collectively referred to as "entities" ("Entities"). Applicant understands that Franchisor is relying on the information provided in this application and all documents submitted by Applicant and co-owners and their agents, advisers and representatives in connection with or in support of the application, including, but not limited to, this Application Letter (together, the "Application"). Applicant agrees to supply such additional information, statements or data as may be requested by Franchisor. Applicant represents, warrants, and undertakes to Franchisor and the Entities, that:
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- All information contained in the Application is true, correct and complete as of the date of this Application Letter. Applicant will promptly inform Franchisor of any change in any of the information provided in the Application.
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- Both Applicant and the undersigned have the authority to make the Application and to enter into a franchise agreement ("Franchise Agreement") for the proposed Hotel at the Location. Neither the making of this Application nor the execution of a Franchise Agreement will conflict with nor put Applicant in breach of the terms of any agreements to which Applicant, its affiliates or the undersigned are a party or by which Applicant or its affiliates are bound. Neither Applicant nor its affiliates have been induced by Hilton Worldwide to terminate or breach any agreement with respect to theLocation.
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- Certain information concerning Franchisor's system for the Brand, including the Disclosure Document (if required under applicable law), the manual and the Franchise Agreement (together, the "Franchise Information"), has been made available to Applicant. Applicant is generally familiar with the Franchise Information and its requirements and is applying for the form of Franchise Agreement provided. Applicant undertakes to treat the manual which it may receive from Franchisor as confidential. Applicant acknowledges and agrees that the Franchise Information is the property of Hilton Worldwide and/or the Entities, and that Applicant obtains no right, title or interest in or to any of the Franchise Information. Applicant agrees not to use the Franchise Information unless and until a Franchise Agreement is entered into and then in accordance with the terms and conditions of the Franchise Agreement.
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- Applicant acknowledges that Hilton Worldwide and the Entities do not enter into oral agreements or understandings with respect to the Franchise Agreement, and as that of the date of this Application Letter there are no oral agreements or understandings between Applicant and Hilton Worldwide or the Entities with respect to the proposed Franchise Agreement.
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- Applicant authorizes credit agencies/bureaus, financial institutions, companies and individuals to disclose to Hilton Worldwide any and all information for the purpose of Hilton Worldwide and the Entities completing any necessary credit and/or background investigations in connection with this Application and execution of any Franchise Agreement.
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- Applicant, jointly and severally if applicable, agrees to indemnify and defend Hilton Worldwide and the Entities and their respective officers, directors, employees, agents, representatives, and assignees (collectively, the "Hilton Worldwide Indemnitees") against, and to hold them harmless from, all losses in connection with the Application and the Location, including breach of any representations, warranties or undertakings contained herein and all claims, demands, suits, causes of action, liabilities, losses or otherwise, directly or indirectly incurred (including legal and accounting fees and expenses), and including claims as a result of Franchisor processing the Application and/or approving a Franchise Agreement. Each Hilton Worldwide Indemnitee shall have the right independently to take any action it may deem necessary in its sole discretion to protect and defend itself against any threatened action subject to Applicant's indemnification, without regard to the expense, forum or other parties that may be involved. Each Hilton Worldwide Indemnitee shall have sole and exclusive control over the defense of any such action (including the right to be represented by counsel of its choosing) and over the settlement, compromise or other disposition thereof. Hilton Worldwide may rely on any information, statement or notice from the Applicant pertaining to the Location or Franchise Agreement without having to investigate or ascertain the accuracy of any fact or allegation in the information, statement ornotice.
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- This Application Letter may be executed in counterparts, each of which shall be deemed an original. This Application Letter must be signed by an authorized signatory for the Applicant (see Guidelines for Submitting a Franchise Application for requiredsignatories).
If the Application is approved, Applicant must provide any additional information requested, meet any additional requirements and sign the Franchise Agreement within the time period Franchisor specifies, and all other ancillary documents within the time period designated by Franchisor, failing which Franchisor may terminate the proposed hotel project and retain the Franchise Application Fee.
ORGANIZATIONAL CHART
INSTRUCTIONS: Please attach a full organizational chart for the Applicant entity (and Applicant's affiliate that will lease or sublease the Hotel or the Hotel Site to Applicant, if applicable) showing all direct and indirect equity owners up to the ultimate individual owners (but excluding public shareholders or passive investors in an institutional investment fund). For each equity owner, please describe the type of interest held in the entity (e.g.,shareholder, general partner, limited partner, manager, member, trustee, etc.) and show the percentage of ownership of each equity owner.
Source: Item 23 — RECEIPTS (FDD pages 97–304)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton FDD, the Applicant plays a crucial role throughout the franchise application process. The Applicant is responsible for ensuring that all information provided in the application is true, correct, and complete as of the application date. Furthermore, the Applicant must promptly inform Embassy Suites By Hilton of any changes to this information. The Applicant confirms they have the authority to make the application and enter into a franchise agreement, and that doing so will not breach any existing agreements. The Applicant also acknowledges they were not induced by Hilton Worldwide to terminate any agreements related to the location.
The Applicant confirms they have been given access to the Franchise Information, including the Disclosure Document, manual, and Franchise Agreement, and are generally familiar with its requirements. The Applicant agrees to treat the manual as confidential and acknowledges that the Franchise Information remains the property of Hilton Worldwide. The Applicant also acknowledges that Embassy Suites By Hilton does not enter into oral agreements and that no such agreements exist as of the application date.
The Applicant authorizes Hilton Worldwide to conduct credit and background investigations and agrees to indemnify Hilton Worldwide against any losses connected to the application or location. The Applicant must also ensure the Application Letter is signed by an authorized signatory. If the application is approved, the Applicant must provide any additional information requested, meet additional requirements, and sign the Franchise Agreement and other ancillary documents within the specified time periods. Failure to comply may result in termination of the project and forfeiture of the Franchise Application Fee.
In summary, the Applicant's role involves providing accurate information, agreeing to various terms and conditions, and fulfilling obligations throughout the application process to secure a franchise agreement with Embassy Suites By Hilton. The applicant also needs to provide a full organizational chart for the applicant entity showing all direct and indirect equity owners up to the ultimate individual owners.