How does the Atwell Suites agreement define 'Next-Gen Payments Solution'?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
The Next-Gen Payments Solution replaces the secure payment solution previously in use by IHG and Hotel and is supported by key third party providers including FreedomPay, Inc. ("FreedomPay"), Oracle Corporation ("Oracle"), Hewlett-Packard, Inc. ("HPI"), Hewlett-Packard Financial Services Company ("HPFS"), Fiserv, Inc. ("Fiserv," together with FreedomPay, Oracle, HPI, and HPFS, the "Third Party Providers"). Hotel desires to procure from IHG, and IHG desires to provide to Hotel, the Next-Gen Payments Solution, pursuant to the terms of this Agreement, that will consist of hardware, software, and services including those provided by the Third Party Providers.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the 'Next-Gen Payments Solution' is defined within the context of the agreement between IHG (the franchisor) and the hotel (the franchisee). The Next-Gen Payments Solution replaces the previous secure payment system used by IHG and the Hotel. It is supported by third-party providers, including FreedomPay, Inc., Oracle Corporation, Hewlett-Packard, Inc., Hewlett-Packard Financial Services Company, and Fiserv, Inc.
The agreement outlines that IHG will provide the Next-Gen Payments Solution to the Hotel, which includes hardware, software, and services provided by the aforementioned third-party providers. The hotel is granted a limited, personal, revocable, nonexclusive, and non-transferable right to access and use the Next-Gen Payments Solution solely for its internal business operations, subject to the terms and conditions of the agreement, including compliance with the Third Party Terms outlined in attachments.
The agreement also places restrictions on how the Atwell Suites franchisee can use the Next-Gen Payments Solution. The franchisee cannot transmit the solution to any third party, use it in a service bureau arrangement, copy or sublicense it, create derivative works, reverse engineer it, bypass security features, input unlawful materials, remove proprietary notices, or use it in any way that infringes intellectual property rights. The franchisee is responsible for testing the solution, ensuring proper usage by personnel, accurately entering information, and reporting any errors to IHG. The franchisee is also responsible for all taxes resulting from the Next-Gen Payments Solution.