How are notices, approvals, agreements, or other communications required or permitted to be given under the Atwell Suites Agreement?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
In any case where any notice, approval, agreement or other communication is required or permitted to be given under this Agreement, such notice, approval, agreement or communication shall be in writing and deemed to have been duly given and delivered (a) if delivered in person, on the date of such delivery; or (b) if sent by overnight express or registered or certified mail (with return receipt requested), on the date of receipt of such mail.
Such notice or other communication shall be sent to (i) with respect to HotelKey, at the address set forth in the preamble, (ii) with respect to Hotel, the address(es) set forth in the Hotel Agreement, and (iii) with respect to IHG, at the address set forth in Section 11.9 (IHG Contracting Entity; Governing Law) below.
A Party may update its notice address from time to time by notifying the other Parties in writing in accordance with this section.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites FDD, any required or permitted notice, approval, agreement, or other communication must be in writing. It is considered duly given and delivered either on the date of personal delivery or on the date of receipt if sent by overnight express, registered, or certified mail with a return receipt requested.
The notice or communication should be sent to HotelKey at the address in the preamble of the agreement, to the Hotel at the addresses in the Hotel Agreement, and to IHG at the address in Section 11.9 of the agreement. Any party can update their notice address by notifying the other parties in writing as per this section.
For Atwell Suites franchisees, this means that all official communications with the franchisor must be documented in writing and sent via specific methods to ensure proof of delivery. It is important to keep records of all such communications, including dates and delivery confirmations, as they may be critical for legal or contractual purposes. Franchisees should also promptly update their address with the franchisor if it changes to ensure they receive all important notices.