Can a party seek
Springhill_Suites_By_Marriott Franchise · 2025 FDDAnswer from 2025 FDD Document
ding.
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- Any party to or beneficiary of this Guaranty may, without waiving any rights, seek from a court having jurisdiction any interim or provisional relief that may be necessary to protect its rights or property (including, without limitation, any aspect of the System, or any reason concerning the safety of the Hotel or the health and welfare of any of the Hotel's guests, invitees or employees).
C. Jurisdiction. Guarantor expressly and irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Maryland for the purpose of any Disputes that are not required to be subject to arbitration under Section 10.B. So far as is permitted under Maryland law, this consent to personal jurisdiction will be self-operative.
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- Costs of Enforcement. Guarantor agrees to pay all costs, including reasonable legal fees, incurred by Franchisor and its Affiliates to enforce or protect any rights or to collect any amounts due under this Guaranty or any other Marriott Agreement.
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- WAIVER OF PUNITIVE DAMAGES. EACH OF GUARANTOR AND, BY ACCEPTANCE OF THIS GUARANTY, FRANCHISOR ABSOLUTELY, IRREVOCABLY AND UNCONDITIONALLY WAIVES THE RIGHT TO CLAIM OR RECEIVE PUNITIVE DAMAGES IN ANY DISPUTE RELATED TO THIS GUARANTY, THE RELATIONSHIP OF THE PARTIES OR ANY ACTIONS OR OMISSIONS IN CONNECTION WITH ANY OF THE ABOVE, OTHER THAN FRANCHISOR'S RIGHTS AND REMEDIES RELATED TO FRANCHISOR'S INTELLECTUAL PROPERTY.
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- WAIVER OF JURY TRIAL. EACH OF GUARANTOR AND, BY ACCEPTANCE OF THIS GUARANTY, FRANCHISOR ABSOLUTELY, IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY DISPUTE RELATED TO THIS GUARANTY, THE RELATIONSHIP OF THE PARTIES OR ANY ACTIONS OR OMISSIONS IN CONNECTION WITH THE ABOVE.
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- Counterparts. This Guaranty may be executed in any number of counterparts, each of which will be deemed an original and all of which constitute one and the same instrument. Delivery of an electronic signature or an executed signature page by electronic transmission is as effective as delivery of an original signed counterpart.
Source: Item 3 — Obligations of Guarantor. (FDD pages 257–265)
What This Means (2025 FDD)
According to Springhill Suites By Marriott's 2025 Franchise Disclosure Document, under the Guaranty agreement, any party to or beneficiary of the Guaranty may seek interim or provisional relief from a court with jurisdiction to protect its rights or property without waiving any rights. This includes aspects of the Springhill Suites By Marriott system, the safety of the hotel, or the health and welfare of any of the hotel's guests, invitees, or employees.
However, the document also states that each guarantor and Springhill Suites By Marriott waive the right to claim or receive punitive damages in any dispute related to the Guaranty, the relationship of the parties, or any actions or omissions in connection with the Guaranty. This waiver does not extend to Springhill Suites By Marriott's rights and remedies related to its intellectual property.
Furthermore, any disagreement, controversy, or claim relating to the Guaranty will be referred to and finally settled by arbitration under the Commercial Arbitration Rules of the American Arbitration Association, except for claims for indemnification or actions for injunctive or other equitable relief. The arbitral tribunal cannot award punitive, consequential, or exemplary damages, except for those related to misuse of Springhill Suites By Marriott's Intellectual Property.