What constitutes the 'Agreement' as defined in the Atwell Suites FDD?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- CONSTRUCTION/ SEVERABILITY. This Agreement and any accompanying documents constitute negotiated agreements between the parties, and the fact that one party or its counsel, or the other, will have drafted this Agreement, any document or particular provision hereof will not be considered in the construction or interpretation of this Agreement, the documents or any provision hereof. If any term or provision of this Agreement is found to be void or contrary to law, such term or provision will be deemed severable, but only to the extent necessary to bring this Agreement within the requirements of law, from the other terms and provisions hereof, and the remainder of this Agreement will be given effect as if the parties had not included the severed term herein, but only if each party continues to receive relatively the same benefits that it negotiated under this Agreement.
-
- THIRD PARTY BENEFICIARIES. Customer and Company hereby expressly acknowledge and agree that this Agreement is for the sole exclusive benefit of the parties hereto and the Hotels, and no other third party is intended to or will have any rights hereunder, except that Customer and Company recognize and acknowledge that the Bottlers are third party beneficiaries of this Agreement.
-
- PRIVACY AND SECURITY REQUIREMENTS. To the extent that either party collects, accesses, or processes the Personal Information (as defined below) of consumers in connection with the performance of this Agreement, each party represents and warrants that it shall comply with (i) all applicable international, federal, state, provincial and local laws, rules, regulations, directives and governmental requirements currently in effect and as they become effective relating in any way to the privacy, confidentiality, and/or security of protected personal information, as defined by applicable law (referred to herein as "Personal Information"), including, but not limited to, data protected under applicable state and federal data privacy law(s) and the California Consumer Privacy Act, as
amended or replaced from time to time; (ii) all applicable industry standards concerning privacy, data protection, confidentiality or information security including, if applicable, the Payment Card Industry Data Security Standard ("PCI DSS"); and (iii) applicable provisions of each party's respective written requirements, currently in effect and as they become effective relating in any way to the privacy, confidentiality, and/or security of Personal Information or applicable privacy policies, statements or notices (collectively, "Privacy and Security Requirements").
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the 'Agreement' refers to the negotiated agreements between the parties involved, along with any accompanying documents. The FDD specifies that the drafting of the agreement by one party or their counsel will not influence its construction or interpretation. Additionally, if any part of the agreement is deemed void or contrary to law, it will be considered severable to the extent necessary to comply with legal requirements, without affecting the remaining provisions, provided that each party continues to receive relatively the same benefits they negotiated under the agreement. This clause ensures that the agreement remains enforceable and that the interests of both parties are protected as much as possible under the law.
Furthermore, the Atwell Suites agreement explicitly states that it is for the sole and exclusive benefit of the parties involved and the hotels, clarifying that no other third party is intended to have any rights under the agreement. However, the agreement does recognize that Bottlers are third-party beneficiaries. This provision is crucial for defining the scope and beneficiaries of the agreement, preventing unintended claims from external parties, and outlining the specific exceptions where third parties do have rights.
The Atwell Suites agreement also addresses privacy and security requirements, particularly concerning the handling of personal information. It mandates that each party must comply with all applicable international, federal, state, provincial, and local laws, rules, and regulations related to privacy, confidentiality, and security of protected personal information. This includes adherence to industry standards like the Payment Card Industry Data Security Standard (PCI DSS) and each party's written privacy and security requirements. This emphasis on data protection highlights the importance of safeguarding consumer information and maintaining compliance with evolving privacy laws, which is a critical aspect of operating a franchise in today's environment.