Does Atwell Suites have exclusive rights to advertise beverages at the Hotels?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: Receipts]
- 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)
According to the 2025 Atwell Suites Franchise Disclosure Document, Atwell Suites, as the Company, secures exclusive rights to advertise, market, and promote beverages at the hotels. This encompasses a beverage-exclusive license to utilize the customer's trademarks on a royalty-free basis, subject to specific conditions, to promote the company's beverages, including joint promotions with the company's other customers.
However, the agreement strictly prohibits competitive advertising. The customer, or franchisee, is restricted from depicting, advertising, promoting, or merchandising any competitive beverages within or in association with the hotels. Furthermore, franchisees are barred from entering into agreements that associate competitive beverages with the hotels or the franchisee's trademarks in any advertising or promotional activities.
This arrangement ensures that Atwell Suites maintains control over beverage advertising within its hotels, potentially boosting revenue from preferred beverage partnerships. Franchisees must be aware of these restrictions to avoid conflicts and ensure compliance with the franchise agreement. This clause is designed to protect Atwell Suites' beverage-related marketing strategies and revenue streams.