Under what conditions can Embassy Suites By Hilton withhold consent to the opening of the hotel?
Embassy_Suites_By_Hilton Franchise · 2025 FDDAnswer from 2025 FDD Document
you have complied with all the terms and conditions of this Agreement and the Hotel is ready to open. We will use reasonable efforts within fifteen (15) days after we receive your notice to visit the Hotel and to conduct other investigations as we deem necessary to determine whether to authorize the opening of the Hotel, but we will not be liable for delays or loss occasioned by our inability to complete our investigation and to make this determination within the fifteen (15) day period. If you fail to pass our initial opening site visit, we may, in our sole business judgment, charge you reasonable fees associated with any additional visits.
- 6.4.3 We shall be entitled to withhold our consent to the opening of the Hotel until:
- 6.4.3.1 your architect, general contractor or other certified professional provides us with a certificate stating that the as-built premises comply with all Laws relating to accessibility/accommodations/facilities for those with disabilities;
- 6.4.3.2 you have complied with all the terms and conditions in this Agreement;
- 6.4.3.3 your staff has received adequate training and instruction in the manner
we require;
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites By Hilton Franchise Disclosure Document, Embassy Suites By Hilton is entitled to withhold consent to the opening of the hotel under specific conditions. These conditions include instances where the franchisee's architect, general contractor, or another certified professional has not provided a certificate confirming that the premises comply with all laws related to accessibility and accommodations for individuals with disabilities.
Embassy Suites By Hilton may also withhold consent if the franchisee has not complied with all the terms and conditions outlined in the franchise agreement. This encompasses various obligations the franchisee must fulfill to meet Embassy Suites By Hilton's standards and requirements. Additionally, if the franchisee's staff has not received adequate training and instruction in the manner that Embassy Suites By Hilton requires, consent to open the hotel can be withheld.
Furthermore, Embassy Suites By Hilton can withhold consent if the franchisee has not received authorization to open the hotel from the relevant governmental authority in the jurisdiction where the hotel is located, assuming such authorization is applicable. Finally, consent can be withheld if the franchisee has not paid all fees and charges owed to Embassy Suites By Hilton or its affiliates. In addition to these specific conditions, Embassy Suites By Hilton retains the right to withhold approval whenever consent or approval is required in the agreement, exercising its business judgment while considering the long-term interests of the overall system, unless the provision specifically indicates otherwise.