factual

Can a Springhill Suites By Marriott arbitration proceeding be conducted on a class-wide basis?

Springhill_Suites_By_Marriott Franchise · 2025 FDD

Answer from 2025 FDD Document

Any arbitration proceeding under this Agreement will be conducted on an individual (not a class-wide) basis and will not be consolidated with any other arbitration proceedings to which Franchisor is a party, except that Franchisor may join any management company operating the Hotel, any owner under an owner agreement related to the Hotel, and any guarantor of any obligations with respect to the Hotel in any such proceeding.

Source: Item 16 — FINANCING OF THE HOTEL (FDD pages 206–257)

What This Means (2025 FDD)

According to Springhill Suites By Marriott's 2025 Franchise Disclosure Document, any arbitration proceeding under the Franchise Agreement will be conducted on an individual basis, explicitly not on a class-wide basis. This means that a franchisee cannot join with other franchisees to bring a single, collective arbitration claim against Springhill Suites By Marriott. Each franchisee must pursue their claims individually.

However, Springhill Suites By Marriott retains the right to join certain related parties in any arbitration proceeding. Specifically, Springhill Suites By Marriott may include any management company operating the hotel, any owner under an owner agreement related to the hotel, and any guarantor of obligations related to the hotel in the arbitration. This clause ensures Springhill Suites By Marriott can consolidate related disputes into a single proceeding when it is the franchisor's interest.

The FDD specifies that this restriction on class-wide arbitration is a condition of the franchise agreement. This is a fairly common practice in franchising, as franchisors often prefer to handle disputes on an individual basis to avoid the potential for large, class-action lawsuits or arbitrations. Prospective franchisees should consider this when evaluating the dispute resolution process outlined in the franchise agreement.

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.