What is the franchisee responsible for ensuring regarding compliance at the Springhill Suites By Marriott hotel?
Springhill_Suites_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
l construction and operation of the Hotel, including zoning, access, sign, building permits and fire requirements and, if requested, will certify that it has obtained all such permits and certifications.
E. Compliance. Franchisee will ensure that the Hotel complies with Applicable Law, the Standards and the Design Criteria, including the fire protection and life safety Standards (even if such Standards exceed local code requirements).
F. Franchisee's Responsibilities. Franchisee is responsible for the entire cost of constructing, equipping, supplying and furnishing the Hotel as a System Hotel.
G. Site Visits. During construction, Franchisor's representatives may visit the job site at any time to observe the work, and Franchisee, its contractors and subcontractors will cooperate fully with any such site visits. Upon request, Franchisee will submit photos showing the progress of construction to Franchisor. Franchisor may submit any deficiencies or discrepancies to Franchisee, and Franchisee will promptly correct such items.
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- Opening Date. Without Franchisor's prior approval, Franchisee will not advertise, promote or operate the Hotel as a System Hotel until:
A. the Hotel has been completed in accordance with the Plans, the Standards and the Marriott Agreements, as determined by Franchisor in its sole discretion. Franchisor may require Franchisee to deliver an architect's certification that the Hotel has been completed in accordance with the Plans and a copy of the certificate of occupancy for the Hotel;
B. Franchisee delivers a certificate from its licensed architect, engineer or recognized expert consultant on Accessibility Requirements in the form attached to this Exhibit C as Attachment Two;
C. Franchisee has installed all FF&E, Electronic Systems and other items and equipment for opening the Hotel as a System Hotel, including Fixed Asset Supplies and Inventories, and all is in working order;
D. Franchisee has employed a general manager and department managers, and they have successfully completed Franchisor's training programs;
E. Franchisee and its Affiliates have paid all amounts due Franchisor and its Affiliates;
- F. Franchisee has complied with the insurance requirements of this Agreement;
G. Franchisee has retained Franchisor and paid Franchisor the then-current testing and inspection fee to test and inspect the fire protection and life safety systems of the Hotel, and such testing and inspection verifies the Hotel complies with Franchisor's fire protection and life safety Standards and the fire protection and life safety systems of the Hotel are operational.
Source: Item 16 — FINANCING OF THE HOTEL (FDD pages 206–257)
What This Means (2025 FDD)
According to the 2025 Springhill Suites By Marriott FDD, the franchisee is responsible for ensuring compliance with various laws, standards, and design criteria. Specifically, the franchisee must ensure that the hotel complies with all Applicable Laws, the Standards set by Springhill Suites By Marriott, and the Design Criteria, including fire protection and life safety standards, even if those standards exceed local code requirements. This encompasses obtaining all necessary permits and certifications for the lawful renovation and operation of the hotel, such as zoning, access, sign, and building permits, as well as meeting fire requirements.
This requirement has significant implications for prospective franchisees. It means they must stay informed about and adhere to all relevant federal, state, and local laws and regulations, as well as the specific standards and design criteria established by Springhill Suites By Marriott. This includes not only the initial construction or renovation phase but also the ongoing operation of the hotel. Franchisees may need to engage with legal counsel, architects, engineers, and other experts to ensure full compliance.
Furthermore, franchisees must provide notice to Springhill Suites By Marriott of any legal actions or issues. Within seven days of receipt, the franchisee must notify Springhill Suites By Marriott and provide copies of any claim involving the hotel, the franchisee, or Springhill Suites By Marriott, any judgment, order, or other decree related to the hotel or franchisee, or any inspection reports and warnings about a material failure to meet health or life safety requirements or any other material violation of Applicable Law related to the Hotel or Franchisee. This ensures that Springhill Suites By Marriott is aware of any potential legal or compliance issues that could affect the brand or the operation of the hotel.
Compliance with these requirements is critical, as failure to comply can result in penalties, legal action, or even termination of the franchise agreement. Springhill Suites By Marriott retains the right to inspect the hotel to ensure compliance and can take action if the franchisee is found to be in violation of any applicable laws, standards, or design criteria. Therefore, prospective franchisees must carefully review and understand all compliance requirements outlined in the Franchise Agreement and related documents.