Does the limitation of liability in Section 6 of the Atwell Suites agreement limit the Eligible Participant's responsibility for the payment of all properly due charges?

According to the 2025 Atwell Suites FDD, the limitations outlined in Section 6 of the agreement do not limit the Eligible Participant's responsibility for paying all charges that are properly due under the agreement. This means that even with the liability limitations in place, an Atwell Suites franchisee is still responsible for paying all the charges they owe according to the franchise agreement.

This provision ensures that Atwell Suites franchisees cannot use the liability limitations in Section 6 as a way to avoid paying their financial obligations to the franchisor. These obligations could include franchise fees, marketing contributions, or other charges outlined in the agreement.

For a prospective Atwell Suites franchisee, this means understanding all the fees and charges they will be responsible for under the franchise agreement. It also means that they cannot rely on the liability limitations in Section 6 to avoid paying these charges if they are properly due. It is important to carefully review the franchise agreement and seek legal counsel to fully understand the financial obligations and the limitations of liability.