Is GIAC obligated to provide a guaranty to an Atwell Suites franchisee?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Guarantor(s) will provide the Guaranty.
- D. In granting this non-exclusive license, IHG has relied upon the business skill, financial capacity, and character of Licensee and the Guaranty to be provided by the Guarantor(s).
Source: Item 10 — FINANCING (FDD page 75)
What This Means (2025 FDD)
According to the 2025 Atwell Suites FDD, while IHG relies on a guaranty to be provided, GIAC (presumably InterContinental Hotels Group PLC) is not explicitly stated as the guarantor. Instead, the FDD indicates that "Guarantor(s) will provide the Guaranty," and IHG relies on this guaranty when granting the license. This implies that the guaranty is a requirement for the franchisee to fulfill, but the specific entity providing the guaranty is not predetermined as GIAC.
The FDD states that IHG relies on the "business skill, financial capacity, and character of Licensee and the Guaranty to be provided by the Guarantor(s)." This highlights the importance of the guaranty in IHG's decision to grant a franchise license. The language suggests that the guarantor could be the licensee themselves or another entity, depending on the specific circumstances and agreement with IHG.
Prospective Atwell Suites franchisees should clarify with IHG during the franchise application process who is expected to provide the guaranty. It is important to understand the specific requirements and implications of the guaranty, including the obligations and liabilities of the guarantor. This will ensure that the franchisee is fully aware of the financial and legal commitments involved in obtaining an Atwell Suites franchise.