What documents must an Atwell Suites franchisee follow regarding card transactions?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Bank is not responsible for, and has no liability to you in any way with respect to, Non-Bank Card transactions or Non-Bank Services.
See Section 16.1 for additional details.
2 Services And Third Party Services
- 2.1 The Services. The term "Services" means the activities we undertake to authorize, process, and settle Card transactions undertaken by Cardholders at your Locations, and all other equipment, products, and services we provide under the Agreement. Subject to Card Organization Rules, Services may be performed by Servicers, only Processor, our Affiliates, our agents, or our service providers. You may use the Services only for your own proper business purposes and only in accordance with the Agreement. You may not use the Services for personal, household, or non-commercial purposes.
- 2.2 Exclusivity. During the term of the Agreement, you will use us as your exclusive provider of all Services within the United States of America except with respect to POS terminal transactions initiated at parking, spa, gift shop, restaurant, bars, and lounge locations.
- 2.3 Service Records. We will retain legible copies of all transaction records in accordance with Applicable Law and Card Organization Rules. You must provide all Sales Drafts, Credit Drafts, and other transaction records requested by us within the time limits established by Card Organization Rules. We will provide all transaction records requested by you, to the extent such requests are reasonable, within the time limits established by Card Organization Rules.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites FDD, the franchisee must adhere to an agreement with a bank for processing card transactions. The term "Services" in this agreement encompasses the bank's activities in authorizing, processing, and settling card transactions made by cardholders at the Atwell Suites locations. The franchisee is permitted to use these services strictly for their business operations and in accordance with the agreement, explicitly prohibiting any personal or non-commercial use.
Atwell Suites franchisees are required to use the bank as their exclusive service provider for all card transaction services within the United States, with specific exceptions carved out for POS terminal transactions initiated at parking, spa, gift shop, restaurant, bars, and lounge locations. This exclusivity clause ensures that the franchisee is primarily reliant on the bank for these services, streamlining transaction processing and potentially offering negotiated rates or integrated systems.
The bank retains copies of all transaction records in compliance with applicable laws and card organization rules. The Atwell Suites franchisee is obligated to provide all sales drafts, credit drafts, and other transaction records when requested by the bank within the timeframes set by card organization rules. Conversely, the bank is required to provide transaction records requested by the franchisee, provided such requests are reasonable and within the same established time limits. This reciprocal arrangement ensures transparency and accountability in transaction processing, allowing both parties to maintain accurate records and resolve any discrepancies efficiently.