Contract analysis

1. Underpaid Royalties, Marketing Fund Contributions, and Technology Fees: The Complaint alleges that, across twenty-two (22) franchised hotel properties and over a period of approximately thirty-eight (38) months (from January 2019 through February 2022), Defendants systematically understated Gross Room Revenue and failed to remit the full amount of royalties under FLA § 4.1, marketing fund contributions under FLA §

2. Contractual Late-Payment Interest: Pursuant to FLA § 4.7, any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month, compounded monthly, from the date such payment was due until the date of actual payment. Applying this contractual interest rate to the estimated underpayments over the relevant time periods for each of the twenty-two properties, the accrued contractu

3. Liquidated Damages Upon Termination (FLA § 15.3): Pursuant to FLA § 15.3, in the event of termination of a Franchise License Agreement due to franchisee default, the franchisee shall pay to the franchisor, as liquidated damages and not as a penalty, an amount equal to three times (3×) the trailing-twelve-month royalties attributable to the terminated property. This provision applies to each of the twenty-two prope

4. Summary of Damages: The total amount in controversy is stated as approximately $150,000,000.00 for purposes of this Civil Cover Sheet. The actual damages sought may increase or decrease based upon the results of discovery, including the accounting sought in Count IX, and the forensic examination of Defendants' books and records. Plaintiff further reserves the right to seek prejudgment interest on all amounts award

Section 18.2 of each FLA provides that the Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. All claims asserted in the Complaint arise under Florida common law and Florida statutory law. Subject Matter Jurisdiction: The Circuit Court of the Seventeenth Judicial Circuit has subject matter jurisdiction over this action pursu