Does any agreement between IHG and another party provide any benefit to the Atwell Suites licensee?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
This License is exclusively for the benefit of the parties hereto, and it may not give rise to liability to a third party. No agreement between IHG and anyone else is for the benefit of Licensee.
From time to time, IHG or an Affiliate of IHG may enter into an Enabling Agreement with a Service Provider to provide optional Hardware, Software, and Services that are not included in the Core Services or the Additional Required Services ("Optional Services").
As determined by IHG, Licensee may receive the benefits of the negotiated terms, conditions, and pricing for the Optional Services obtained by IHG in the Enabling Agreements with Service Providers, and may obtain the Optional Services, by entering into an Order Form and/or a Participation Agreement.
The Core Services, Additional Required Services, and any Optional Services are provided subject to and in accordance with the supplemental terms set forth in Schedule 4 (Supplemental Terms) attached hereto (the "Supplemental Terms").
IHG may unilaterally modify or add to any component of the Supplemental Terms upon ten (10) days written notice to Licensee.
Licensee acknowledges that the Supplemental Terms are based in part upon the terms and conditions contained in the Enabling Agreements.
From time to time by mutual agreement, IHG will enable Licensee's access to new or enhanced technologies for use at the Hotel under a test, evaluation, pilot, proof of concept, or other temporary use arrangement ("Proof of Concept Projects").
Licensee will provide feedback to IHG on such Proof of Concept Projects so that the technologies may be further developed, refined, and enhanced to better serve Licensee and the IHG Portfolio Brands.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, generally, no agreement between IHG (the franchisor) and another party is intended to benefit the franchisee. Specifically, the license agreement states that it is exclusively for the benefit of the parties involved (IHG and the franchisee) and does not create liability to any third party.
However, Atwell Suites franchisees may receive benefits from agreements IHG (or an IHG affiliate) has with service providers to provide optional hardware, software, and services that are not included in the core or additional required services. As determined by IHG, the franchisee may receive the benefits of negotiated terms, conditions, and pricing for these optional services obtained by IHG in these enabling agreements with service providers. To obtain these optional services, the franchisee must enter into an order form or a participation agreement.
These optional services are subject to supplemental terms set forth in Schedule 4 of the license agreement, which IHG can modify with ten days' written notice to the franchisee. These supplemental terms are based on the terms and conditions in the enabling agreements between IHG and the service providers. IHG may also allow franchisees to access new or enhanced technologies for use at the hotel under temporary arrangements for testing and evaluation, known as Proof of Concept Projects. Franchisees participating in these projects are expected to provide feedback to IHG to help further develop and refine these technologies.