Does the Atwell Suites agreement include any representations or warranties beyond those expressly stated in the agreement?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.2 Disclaimer. IHG is not the licensor or provider of any third party solutions made available to Hotel under this Agreement and offers no warranties on the third party solutions. In agreeing to the Third Party Terms, Hotel is relying solely on the warranties of the Third Party Providers, if any, expressly passed through to Hotel under the Third Party Terms. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 7.0, IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NETWORK CONNECTIVITY, AVAILABILITY, SOFTWARE, HARDWARE, SYSTEMS, OR TRANSACTION PROCESSING OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY PASS-THROUGH WARRANTY MADE BY A THIRD PARTY PROVIDER OF SERVICES, ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS ARE PROVIDED "AS IS" AND "WHERE IS".
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 FDD, Atwell Suites' license agreement aims to limit warranties to those explicitly stated within the agreement. Specifically, IHG (InterContinental Hotels Group), the franchisor, disclaims all other warranties, whether expressed or implied, related to network connectivity, software, hardware, systems, transaction processing, merchantability, quality, or fitness for a particular purpose. This disclaimer extends to third-party solutions provided to the hotel, where Atwell Suites franchisees must rely solely on the warranties provided by those third parties, if any.
This means that as an Atwell Suites franchisee, you are primarily relying on the "AS IS" condition of the services and support materials provided, unless a third-party provider offers a warranty that is explicitly passed through to you. It is crucial for potential franchisees to understand that IHG does not guarantee the performance or reliability of the technology, systems, or services used in the hotel's operation beyond what is expressly written in the agreement.
However, it's important to note that these disclaimers may be superseded or amended by state-specific laws. For example, amendments for franchisees in Hawaii, Maryland, and North Dakota state that the general release language in the license does not relieve IHG from liability imposed by state franchising laws. Therefore, franchisees should carefully review the specific amendments applicable to their state to understand the full scope of their rights and protections.
Prospective Atwell Suites franchisees should seek legal counsel to fully understand the implications of these warranty disclaimers and how they interact with state laws. Understanding these limitations is essential for assessing the risks and responsibilities associated with operating an Atwell Suites franchise.