Is Atwell Suites allowed to 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?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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)
According to the 2025 Atwell Suites Franchise Disclosure Document, Atwell Suites is generally prohibited from entering into agreements that associate Competitive Beverages with the brand. Specifically, Atwell Suites cannot depict, advertise, promote, or merchandise any Competitive Beverages anywhere in or in association with the Hotels. Furthermore, Atwell Suites is restricted from entering into any agreement or relationship that would allow Competitive Beverages to be associated with any advertising or promotional activity involving Atwell Suites, the Hotels, or Atwell Suites' trademarks. This is to maintain the exclusive rights granted to the beverage provider selected by Atwell Suites.
However, there are exceptions to this rule. Competitive Beverages may be served at individual events or functions at any Hotel if the party booking the event requires it as a condition of booking. In such cases, the Competitive Beverages must be confined to the event area, and any advertisements for them must be minimal and not suggest any association with Atwell Suites or the Hotel. Additionally, third-party tenants renting space at the Hotel who have existing agreements to serve Competitive Beverages are also exempt, provided the beverages are only available within their leased space and advertising is similarly limited.
These restrictions and exceptions are important for prospective franchisees to understand. While Atwell Suites is granted exclusive rights to advertise, market, and promote its chosen Beverages at the Hotels, franchisees must also be aware of the circumstances under which Competitive Beverages may be present. Franchisees should ensure they understand the specific requirements for managing events and third-party tenant relationships to avoid breaching the franchise agreement. Additionally, franchisees should be aware of the approved renditions of Company brands, trademarks and/or logos on menus and merchandise at point of order at each Hotel.