Does the Atwell Suites agreement create rights for any third-party beneficiaries, and if so, who are they?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
11.12 Third Party Beneficiary. Except for the rights of the HotelKey Indemnitees and IHG Indemnitees to receive indemnification as set forth in Section 9.0 (Indemnification), the Parties do not intend to create rights for any person as a third party beneficiary of this Agreement.
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- THIRD PARTY BENEFICIARIES. Customer and Company hereby expressly acknowledge and agree that this Agreement is for the sole exclusive benefit of the parties hereto and the Hotels, and no other third party is intended to or will have any rights hereunder, except that Customer and Company recognize and acknowledge that the Bottlers are third party beneficiaries of this Agreement.
19.8 No Third Party Beneficiaries. Our respective Affiliates and any Third Parties we use in providing the Services are third party beneficiaries of the Agreement and each of them may enforce its provisions as if it was a party hereto.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the franchise agreement generally does not intend to create rights for third-party beneficiaries. However, there are specific exceptions to this general rule.
Specifically, the HotelKey Indemnitees and IHG Indemnitees have rights to receive indemnification as outlined in Section 9.0 of the agreement. This means that these parties are entitled to compensation for losses or damages under the terms specified in the indemnification section.
In another agreement, our respective Affiliates and any Third Parties we use in providing the Services are third party beneficiaries of the Agreement and each of them may enforce its provisions as if it was a party hereto. Also, Bottlers are third party beneficiaries of the agreement.