Can the Springhill Suites By Marriott agreement be amended by conduct manifesting assent?
Springhill_Suites_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.6 Amendments. This Agreement may only be amended in a written document that has been duly executed by the parties and may not be amended by conduct manifesting assent, and each party is put on notice that any individual purporting to amend this Agreement by conduct manifesting assent is not authorized to do so.
Source: Item 11 — FINANCING OF THE HOTEL (FDD pages 265–285)
What This Means (2025 FDD)
According to the 2025 Springhill Suites By Marriott Franchise Disclosure Document, the franchise agreement can only be amended through a written document that has been duly executed by all parties involved.
Specifically, the FDD states that the agreement "may not be amended by conduct manifesting assent." This means that any actions or behaviors that might imply agreement to a change in the contract terms are not sufficient to legally amend the agreement.
The document explicitly puts each party on notice that any individual who attempts to amend the agreement through conduct is not authorized to do so. This provision aims to ensure that all amendments are clear, documented, and formally agreed upon, preventing potential misunderstandings or disputes over contract terms. This requirement for written amendments is a common practice in franchising to maintain clarity and enforceability of the franchise agreement.