factual

Under what state's laws will the Embassy Suites By Hilton Application be governed and construed?

Embassy_Suites_By_Hilton Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. This Application shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its choice of law principles.

Source: Item 23 — RECEIPTS (FDD pages 97–304)

What This Means (2025 FDD)

According to Embassy Suites By Hilton's 2025 Franchise Disclosure Document, the application will be governed by and construed in accordance with the laws of the State of New York. This means that any legal disputes arising from the application process will be subject to New York law, regardless of the applicant's location. However, this is without regard to its choice of law principles.

For a prospective Embassy Suites By Hilton franchisee, this clause is important because it establishes the legal framework for the application process. If any disagreements or legal issues arise during the application phase, New York law will be used to interpret the application and resolve the dispute. This could have implications for how the application is interpreted and what rights and obligations the applicant and Embassy Suites By Hilton have.

It is common for franchise agreements to specify a governing law, as this provides clarity and predictability in the event of a legal dispute. Franchisees should be aware of the implications of the chosen governing law and consider seeking legal advice to understand their rights and obligations under that jurisdiction. The fact that the application is governed by New York law does not necessarily mean that all disputes will be resolved in New York courts, but it does mean that New York law will be applied.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.