Does the Atwell Suites agreement specify any geographic limits regarding advertising or promotion?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
hotels, all as specified in this License or as designated from time to time by IHG. The Brand System at present includes, but is not limited to:
- (7) access through IHG to brand marketing services and distribution marketing services including global advertising and publicity and other marketing programs and materials;
D. Maintenance of Standards.
IHG will seek to maintain high standards of quality, cleanliness, appearance, design and service at all hotels using the Brand System so as to promote, protect and enhance the public image and reputation of the Atwell Suites™ name and to increase the demand for services offered by the Brand System.
- 6.1 Customer grants Company the exclusive rights to advertise, market and promote Beverages at the Hotels and/or in connection with the Hotels.
These rights include a Beverage-exclusive license to use, subject to Section 5 above, Customer's trademarks on a royalty free basis to promote Company's Beverages in promotions, including joint promotions with Company's other customers.
- 6.2 NO COMPETITIVE ADVERTISING. Except as otherwise permitted under the terms of this Agreement, Customer will not depict, advertise, promote or merchandise any Competitive Beverages anywhere in or in association with the Hotels.
Customer will not enter into any agreement or relationship whereby any Competitive Beverages are associated in any advertising or promotional activity of any kind with Customer, the Hotels, or any of the trademarks of Customer.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
The 2025 Atwell Suites Franchise Disclosure Document does not explicitly specify geographic limits regarding advertising or promotion for franchisees. However, the document does state that Atwell Suites's Brand System includes brand marketing services and distribution marketing services including global advertising and publicity and other marketing programs and materials. Also, Atwell Suites will seek to maintain high standards of quality, cleanliness, appearance, design and service at all hotels using the Brand System.
One section of the FDD states that the customer grants the company exclusive rights to advertise, market, and promote beverages at the hotels and/or in connection with the hotels. These rights include a beverage-exclusive license to use, subject to Section 5 above, the customer's trademarks on a royalty-free basis to promote the company's beverages in promotions, including joint promotions with the company's other customers. The customer will not enter into any agreement or relationship whereby any Competitive Beverages are associated in any advertising or promotional activity of any kind with Customer, the Hotels, or any of the trademarks of Customer.
While the FDD excerpts do not provide explicit geographic limitations on advertising, it is important for a potential franchisee to discuss advertising parameters, marketing strategies, and any potential geographic restrictions with Atwell Suites during their due diligence. Understanding these aspects will help a franchisee to effectively plan their marketing efforts and ensure compliance with the franchise agreement.