In the Atwell Suites FDD, what information is required when a hotel representative signs the document?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee represents and warrants to IHG that the entities and persons signing this License on behalf of Licensee are duly authorized to do so and to bind Licensee to enter into and perform this License. Licensee further represents and warrants to IHG that Licensee and the entities and persons signing this License on behalf of Licensee have obtained all necessary approvals and that their execution, delivery and performance of this License will not violate, create a default under or breach any charter, bylaws, agreement or other contract, license, permit, order or decree to which they are a party or to which they are subject or to which the Hotel is subject. If Licensee has not already done so prior to the execution of this License, Licensee agrees to submit to IHG by the date specified by IHG all of the documents and information that IHG required or requested in the license application and in connection with the licensing process. Licensee acknowledges that its breach of the representations and warranties in this paragraph; its failure to comply with IHG's requirements for the submission of information and documents; or any omission or misrepresentation of any material fact in the information or documents submitted to IHG in connection with the license application and/or the licensing process will constitute a material breach of Licensee's obligations under this License.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the Licensee must represent and warrant to IHG (InterContinental Hotels Group) that the individuals signing the license agreement on behalf of the Licensee are duly authorized to do so and can legally bind the Licensee to the terms of the agreement. This means Atwell Suites requires assurance that the person signing has the authority to make such commitments for the hotel.
Furthermore, the Licensee must also represent and warrant that they have obtained all necessary approvals for the agreement and that their execution, delivery, and performance of the license will not violate any existing agreements, charters, bylaws, contracts, licenses, permits, orders, or decrees to which they, the hotel, or the Licensee are subject. This ensures that the Atwell Suites franchise agreement does not conflict with any prior legal obligations or restrictions that could impede the hotel's ability to operate under the Atwell Suites brand.
Additionally, if the Licensee has not already provided all required documents and information requested by IHG during the license application process, they must submit these by the date specified by IHG. Failure to comply with these requirements or any misrepresentation of material facts in the submitted information will constitute a material breach of the Licensee's obligations under the license agreement. This provision emphasizes the importance of transparency and accuracy in the information provided to Atwell Suites during the franchising process.