factual

Can an owner of a Springhill Suites By Marriott hotel pledge the Franchise Agreement as collateral?

Springhill_Suites_By_Marriott Franchise · 2025 FDD

Answer from 2025 FDD Document

Owner and each Interestholder in Owner may grant a lien or other security interest in the Hotel or the revenues of the Hotel, or pledge Ownership Interests in Owner or a Control Affiliate as collateral for the financing of the Hotel. If any Person exercises its rights under such lien, security interest or pledge, Franchisor will have the rights under Section 8.1 of this Agreement and Section 19.1 of the Franchise Agreement. Owner will not pledge this Agreement as collateral or grant a security interest in this Agreement.

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, an owner is not allowed to pledge the Franchise Agreement as collateral or grant a security interest in the agreement. However, the owner and each interest holder in the owner may grant a lien or other security interest in the hotel or the revenues from the hotel. They can also pledge ownership interests in the owner or a control affiliate as collateral for financing the hotel.

If a person exercises their rights under a lien, security interest, or pledge, Springhill Suites By Marriott retains specific rights as outlined in Section 8.1 of the agreement and Section 19.1 of the Franchise Agreement. This means that while franchisees can use the hotel's assets or their ownership interests to secure financing, the Franchise Agreement itself cannot be used as collateral.

This restriction protects Springhill Suites By Marriott by preventing the transfer of the franchise to an unapproved party through a foreclosure or similar action. It ensures that the brand maintains control over who operates a Springhill Suites By Marriott hotel and that any potential new owner meets their standards and qualifications. This is a fairly standard clause in franchise agreements, as franchisors want to carefully control who is associated with their brand.

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.