Regarding the Atwell Suites Addendum to Merchant Processing Application and Agreement for New Properties, what is the significance of the 'Addendum Effective Date'?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum to Merchant Processing Application and Agreement for New Properties ("Addendum") is entered into between FDS Holdings, Inc. ("First Data" or "Processor"), Bank of America, N.A. ("Bank") (collectively with First Data, "Servicers", "us", "our" or "we"), and the undersigned client ("Client", "you", or "your") as of the date signed by First Data and Client ("Addendum Effective Date"). Capitalized terms used but not defined in this Addendum are defined in the Terms and Conditions or elsewhere in the Agreement.
1 Background
- 1.1 Client has been referred to First Data in connection with a Merchant Services Referral Agreement between First Data and Six Continents Hotels, Inc. ("IHG") dated October 16, 2014 (as amended from time-to-time, "IHG Agreement") pursuant to which IHG refers hotels and other establishments that are either owned, franchised, or operated by IHG or its Affiliates ("Service Recipients") to First Data for payment card processing services and other Services.
- 1.2 This Addendum, along with the Merchant Processing Application and Agreement ("Application"), Fee Schedule attached as Exhibit A ("Fee Schedule"), General Terms and Conditions attached as Exhibit B ("Terms and Conditions"), the Your Payments Acceptance Guide, and any other Schedules or other Contract Documents, as modified from time to time, collectively are the "Agreement" for Client's receipt of the Services.
- 1.3 This Addendum is part of the Agreement and modifies the Agreement, but does not affect the IHG Agreement.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, the 'Addendum Effective Date' is the date when both FDS Holdings, Inc. (First Data or Processor) and the client (the franchisee) sign the Addendum to Merchant Processing Application and Agreement for New Properties. This date marks when the agreement between these parties becomes effective. The agreement outlines the terms under which Atwell Suites franchisees will process payment card transactions.
This Addendum is part of a larger agreement that includes the Merchant Processing Application and Agreement, the Fee Schedule (Exhibit A), the General Terms and Conditions (Exhibit B), the Your Payments Acceptance Guide, and any other Schedules or Contract Documents. All these documents, as modified over time, collectively form the complete agreement governing the franchisee's receipt of services. The Addendum itself modifies the main agreement but does not impact the IHG Agreement (Merchant Services Referral Agreement between First Data and Six Continents Hotels, Inc.).
For a prospective Atwell Suites franchisee, the 'Addendum Effective Date' is crucial because it signifies the start of the legal obligations and rights related to payment processing. It is the point from which the terms and conditions outlined in the Addendum and the broader agreement become binding. This includes understanding the fees, terms of service, and responsibilities for handling card transactions. Franchisees should carefully review all associated documents to fully understand their obligations from this date forward.