Is an Atwell Suites franchisee allowed to resell the Services to any Third Party?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
The license granted to Hotel to the software embedded in the Products and Secure Switching and granted to Hotel in its agreement with IHG is limited to facilitating the sale of Hotel's products and services and does not include any other rights of any type.
FreedomPay owns all Remaining Rights. "Remaining Rights" means, except for the limited license granted to Hotel, all other rights in the software, including but not limited to, improvements, modifications, alterations, additions and deletions to any trademark, logo, copyright or other notices, legends, symbols, labels, displays, sounds, other media or characteristics on or in the FreedomPay Technology on the Products.
- 3.2.
Restrictions.
Hotel will only use the goods and services for its own business purposes and will not license, sell, resell, rent, lease, transfer, distribute or otherwise commercially exploit or make the goods and services available to any third party for any purpose or in any manner not authorized by IHG or FreedomPay.
Hotel may not disassemble, decompile or reverse engineer any FreedomPay technology and shall not permit or enable any third party to do so.
Hotel will use commercially reasonable efforts to prevent unauthorized access to or use of the goods or services and will notify FreedomPay immediately if it becomes aware of any unauthorized access to or use of the goods or services by any person and hereby permits IHG and FreedomPay to monitor the use of the goods and services by Hotel to confirm Hotel's compliance with this Participation Agreement and to assess the quality of the goods and services.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites FDD, franchisees (referred to as "Hotel" in this context) are specifically restricted from reselling the goods and services associated with the franchise to third parties. The license granted to the franchisee for the software embedded in the products is limited to facilitating the sale of the Hotel's products and services. It does not include any rights to license, sell, resell, rent, lease, transfer, distribute, or otherwise commercially exploit the goods and services to any third party without authorization from IHG (InterContinental Hotels Group) or FreedomPay.
This restriction means that an Atwell Suites franchisee must use the goods and services solely for their own business operations related to the franchised hotel. They cannot act as a distributor or reseller of these services to other businesses or individuals. This limitation is in place to protect the integrity of the Atwell Suites brand and maintain control over the distribution and use of its proprietary systems and services.
The franchisee is also prohibited from disassembling, decompiling, or reverse engineering any FreedomPay technology, ensuring that the technology remains proprietary and protected. Furthermore, the franchisee must actively prevent unauthorized access to or use of the goods or services and promptly report any such incidents to FreedomPay. IHG and FreedomPay are permitted to monitor the franchisee's use of the goods and services to ensure compliance with the agreement and assess the quality of service.
These restrictions are typical in franchise agreements to maintain brand consistency and protect intellectual property. Prospective Atwell Suites franchisees should understand these limitations and ensure they are comfortable operating within these guidelines. Non-compliance could lead to breach of contract and potential termination of the franchise agreement.