What are the limitations on advertising Competitive Beverages served at an Atwell Suites hotel during an event or by a third-party tenant?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
nor will any single or partial exercise of any right hereunder preclude any other or further exercise thereof or of any other rights. This Lease constitutes the entire agreement of the parties and supersedes all prior oral and written agreements between the parties governing the subject matter of this Lease; provided, however, that if Company and Equipment Lessee have entered into an agreement into which this Lease is incorporated, to the extent that any of the terms in this Lease conflict with the terms set forth in that agreement, the terms of that agreement will control. No agreement will be effective to amend this Lease unless such agreement is in writing and signed by the party to be charged thereby. Any notices permitted or required by this Lease will be in writing and mailed by certified mail or hand delivered, addressed to the respective addresses of the parties. All claims, actions or suits arising out of the Lease will be litigated in courts in either the State of Georgia or in the state of Equipment Lessee's principal place of business. Each party hereby consents to the jurisdiction of any local, state or federal court located within the State of Georgia and/or the state of Equipment Lessee's principal place of business. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA. Time is of the essence to each and all of the provisions of this Lease. 15. OTHER TERMS. Equipment Lessee represents and warrants that it the essence to each and all of the provisions of this Lease
EXHIBIT E ADDITIONAL TERMS
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- Notwithstanding anything in this Agreement to the contrary, Competitive Beverages may be served at individual events or functions at any Hotel if the party booking the event or function requires as a condition of booking the event that Competitive Beverages be served. In such case, Competitive Beverages may be made available only in connection with and during such event or function; provided, however, that: (i) such Competitive Beverages are sold or made available only within the area being used for the event or function, (ii) any advertisements for such Competitive Beverages at the relevant Hotel will be reasonable under the circumstances and generally de minimis in nature (preferably, only within the booked space) and will not suggest that such Competitive Beverages are associated in any manner with Customer or the Hotel.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, there are specific limitations on advertising Competitive Beverages at Atwell Suites hotels, particularly during events or by third-party tenants.
For events or functions held at the hotel, if the party booking the event requires Competitive Beverages as a condition of booking, these beverages may be served, but only within the area used for the event and only during the event itself. Advertisements for these Competitive Beverages must be reasonable and minimal, preferably confined to the booked space, and must not suggest any association with the Customer (franchisee) or the Atwell Suites hotel itself. The financial responsibility for all expenses related to serving Competitive Beverages, including equipment, falls on either the Customer or the party booking the event. The Atwell Suites hotel is expected to make commercially reasonable efforts to minimize the serving of Competitive Beverages.
Similarly, if a third-party tenant rents or leases space at the Atwell Suites hotel and serves Competitive Beverages (or is required to do so by an agreement with a Competitive Beverage supplier), this is permitted, but only within the tenant's leased space. Any advertising for these Competitive Beverages must be reasonable and minimal, ideally within the tenant's space, and must not imply any association with the Customer or the hotel. These leased areas of third-party tenants are excluded from the scope of the agreement, allowing them to serve Competitive Beverages without breaching the franchise agreement, provided they adhere to the advertising and location restrictions.
These stipulations ensure that while Atwell Suites franchisees must primarily promote the Company's Beverages, there are allowances for Competitive Beverages under specific, controlled circumstances, preventing the franchisee from being penalized due to external demands or pre-existing tenant agreements, while still protecting the brand's beverage exclusivity as much as possible.