{"field_label":"Terms and Conditions","field_name":"","field_required":"0","field_prints":"1","field_select_type":"Informational text","field_placeholder":"","field_options":"","field_instructions":"<p>In connection with Franchisor's evaluation of this application, Franchisor and its affiliates may rely on each of the following representations,\u00a0 warranties, acknowledgments and agreements and all information provided by us or on our behalf in connection with this application (collectively, the \u201cApplication\u201d).<\/p>\n<ol><li>The undersigned, jointly and severally, represent and warrant that:\n<ol><li>All information contained in the Application is true, correct, complete and not misleading through omission of material information, as of the date hereof.<\/li>\n<li>The undersigned has authority to submit the Application and enter into a franchise agreement with Franchisor (\u201cFranchise Agreement\u201d). Neither the Application nor the execution of the Franchise Agreement will conflict with any obligations of the undersigned to other parties. Franchisor has not induced the undersigned to terminate or breach any agreement with respect to the hotel that is the subject of the Application.<\/li>\n<li>The undersigned has legal control over the site, as set forth in the Application, through fee ownership, leasehold, or purchase contract.<\/li>\n<li>The undersigned is familiar with the\u00a0{{brand}} system and its requirements as described in the Franchise Disclosure Document. Franchisor has provided the Franchise Disclosure Document to the undersigned.<\/li>\n<li>Neither the undersigned, nor any entity of which the undersigned has held the position of general partner, managing member or beneficial owner, is or has been (i) a defendant in civil litigation alleging fraud, deceit or similar claims; (ii) convicted of a criminal offense or the subject of a pending criminal proceeding (other than minor traffic offenses); (iii) the subject of a petition for protection under any bankruptcy or similar insolvency laws; (iv) a defaulting party in a foreclosure proceeding; or (v) the subject of disciplinary action with respect to the suspension or revocation of a professional or gaming license.<\/li>\n<li>Neither the undersigned nor any affiliate of the undersigned (i) has any claims against Franchisor or any of Franchisor's affiliates or (ii) is a Competitor or a Restricted Person, as such terms are defined in the Franchise Agreement (see Exhibit G to the applicable Franchise Disclosure Document).<\/li>\n<\/ol><\/li>\n<li>The undersigned acknowledges and agrees that:\n<ol><li>Franchisor reserves the right to approve or deny this Application, in its sole discretion. The undersigned will not acquire any rights by virtue of the submission of the Application whether or not Franchisor approves the Application. Any expenses incurred by or on behalf of the undersigned in connection with this Application or any approval of this Application (including without limitation any costs of constructing, renovating or operating the hotel) are at the undersigned's sole risk and are not being made in reliance on any action of Franchisor.<\/li>\n<li>Franchisor does not enter into oral agreements or understandings with respect to franchises or matters pertaining to the grant of a franchise. Accordingly, there are no agreements or understandings whatsoever between the undersigned and Franchisor with respect to the Application or any franchise.<\/li>\n<li>An Application Fee will be paid to Franchisor no earlier than 16 days after the undersigned has received a Franchise Disclosure Document. The fee may be invested, commingled with other funds of Franchisor or otherwise used by Franchisor, as it deems appropriate in its discretion. Franchisor will not enter into a Franchise Agreement with the undersigned unit it receives full payment of the Application Fee.<\/li>\n<li>If the Application is approved, the Application Fee will not be refunded.\u00a0 If the undersigned and Franchisor have not executed a Franchise Agreement within six (6) months of the date of approval of the Application, Franchisor shall have the right to withdraw its approval.\u00a0 If Franchisor denies the Application, it shall have no liability to the undersigned and will retain Ten Thousand Dollars ($10,000) of the Application Fee plus Franchisor\u2019s costs.<\/li>\n<li><strong>If the Application is approved, such approval is conditioned on the undersigned retaining legal control over the specific site described in the Application. If at any time prior to execution of the Franchise Agreement, the undersigned loses legal control over such site, any approval of the Application shall no longer be effective. In such event, Franchisor shall have no liability to the undersigned and the Application Fee will not be refunded and Franchisor will withdraw its approval. If the undersigned subsequently regains legal control over such site or over a different site, a new Application must be submitted. <\/strong><\/li>\n<li>Whether or not Franchisor approves the Application, the undersigned does not have any exclusive territorial rights. Franchisor and its affiliates may operate or grant others the right to operate the same brand of hotel or other lodging facilities and other businesses at any location including locations proximate, adjacent or adjoining the site specified above. Franchisor may consider applications from other applicants for any sites without liability to the undersigned.<\/li>\n<li>If Franchisor approves the Application, the undersigned will not have any right to use any of Franchisor's trademarks, the\u00a0{{brand}} System or any other proprietary marks or systems of Franchisor unless and until Franchisor and the undersigned execute a Franchise Agreement and Franchisor authorizes the opening of the hotel\u00a0as a\u00a0{{brand}} hotel, as described in the\u00a0Franchise Agreement.<\/li>\n<li>Any financial information provided by the undersigned in connection with this Application (including the proposed financing and debt structure) will be prepared by the undersigned or their advisors. We acknowledge and agree that Franchisor (i) has not participated in the preparation of that information, and (ii) is not ratifying or approving or making any representations as to the accuracy of that information, or the attainability of any projections.<\/li>\n<li>Franchisor has the right to conduct its own feasibility study and due diligence investigation with respect to the proposed hotel or conversion, and the undersigned's and its affiliates' qualifications to operate such hotel. Such study and due diligence will include, but not be limited to, contacting persons at the hotel or involved in the development of the hotel, operators of other hotels in the market, employees of other hotels operated by the undersigned and its affiliates and other franchisors of hotel brands who have agreements with the undersigned and its affiliates. Franchisor shall have no liability to the undersigned or its affiliates with regard to such study and investigation.<\/li>\n<\/ol><\/li>\n<\/ol><p>The undersigned, jointly and severally, hereby indemnifies and agrees to defend Franchisor and its affiliates and Franchisor's directors, officers, employees and agents and to hold them harmless from all losses, liabilities, costs, damages and expenses (including legal and accounting fees and expenses) consequently, directly or indirectly incurred and arising from, as a result of or in connection with the Application, including the breach of any representation or warranty contained in the Application. Franchisor shall have the right to take any action it may deem necessary in its sole discretion to protect and defend itself against any threatened action covered by this indemnification without regard to the expense, forum or other parties that may be involved. Franchisor may, in its sole discretion, have sole and exclusive control over the defense of any such action (including the right to be represented by counsel of its choosing) and over the settlement, compromise or other disposition thereof.<\/p>\n<p>The undersigned will immediately inform Franchisor (i) of any material change in any information contained in the Application and (ii) if the undersigned learns that as of the date of this Application that any representation or warranty is untrue. If the undersigned is executing this Application on behalf of a separate legal entity that has not yet been formed but will be controlled by the undersigned, the undersigned commits to provide all information and documentation related to such separate entity to Franchisor upon its formation and will immediately advise Franchisor of any changes in any information provided in Section III of this Application. The terms of this application letter will survive approval or disapproval of the Application.<\/p>\n<p>This application letter will be governed by the law of the State of Maryland without reference to the conflict of laws principles thereof.<\/p>\n<p>This application letter may be executed in several counterparts, each of which shall be deemed an original but which together shall constitute one and the same instrument.<\/p>\n<p>By clicking on the \u201cSign\u201d checkbox below, entering my complete name and\u00a0today\u2019s date, I acknowledge and agree that: (a) I have chosen to submit my application and signature electronically, and (b) I have read the application and all of the exhibits and attachments thereto in their entirety.\u00a0 I further represent and warrant that all of the information in this application and all of the information that I will submit as part of the application process are true and complete to the best of my knowledge and belief.<\/p>","field_pre_populate":"","field_destination":"","field_destination_field":"","field_prepopulate":""}