What is the definition of 'Agreement' in the context of the Atwell Suites FDD?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT G-10
HPI JOINDER AGREEMENT
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- Hotel acknowledges and agrees that the terms and conditions of the Equipment Refresh and Integration Services Agreement entered into by and between Six Continents Hotels, Inc. and HP Inc. (as amended) (the "Agreement") are hereby incorporated herein and shall be binding on the Hotel and HP and shall govern the Products and Services purchased hereunder. The capitalized terms used in this Joinder without definition shall have the meanings ascribed to them in the Agreement.
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- The Parties acknowledge and agree that the terms and conditions of the Agreement are hereby incorporated into this Joinder Agreement and shall be binding on the Hotel, HP, and IHG and shall govern the Products and Services purchased hereunder.
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- Joinder Agreement Term. Unless earlier terminated in accordance with the Agreement, this Joinder Agreement shall commence on the Joinder Effective Date and shall continue thereafter for a period of forty-eight (48) months following installation and Acceptance of the Products and Services provided hereunder.
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- Provision of Products and Services. HP shall provide to Hotel the Products and Services identified in an order document signed by Hotel (the "Order Document") in accordance with the terms of this Joinder Agreement and the delivery schedule se
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the term "Agreement" is defined within the context of the HPI Joinder Agreement, specifically referring to the Equipment Refresh and Integration Services Agreement between Six Continents Hotels, Inc. and HP Inc., including any amendments made to it. This agreement's terms and conditions are incorporated into the HPI Joinder Agreement, making them binding on the Atwell Suites hotel, HP, and IHG, and governing the products and services purchased under it.
This means that when an Atwell Suites franchisee enters into an HPI Joinder Agreement, they are also agreeing to the terms of the separate Equipment Refresh and Integration Services Agreement between Six Continents Hotels and HP Inc. The HPI Joinder Agreement ensures that the hotel adheres to the stipulations set forth in the original agreement concerning equipment, refresh services, and integration services provided by HP.
The Joinder Agreement remains in effect for a period of 48 months following the installation and acceptance of the products and services, unless terminated earlier according to the terms outlined in the overarching Agreement. HP is obligated to provide the products and services as detailed in an order document signed by the hotel, aligning with the Joinder Agreement's terms and the specified delivery schedule. Therefore, the 'Agreement' is a critical component that defines the relationship and obligations concerning equipment and services provided to Atwell Suites hotels through HP.