Regarding Curated Solutions for Atwell Suites, does IHG offer any warranties on the services provided?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Disclaimer. IHG is not the licensor or provider of any of the Curated Solutions made available to Licensee hereunder and offers no warranties on any Services. In agreeing to the Supplemental Terms or Participation Agreement (as applicable), Licensee is relying solely on the Service Provider's warranties, if any, expressly passed through to Licensee under such Supplemental Terms or Participation Agreement. IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR THE SERVICES, NETWORK CONNECTIVITY, AVAILABILITY, SOFTWARE, HARDWARE, OR SYSTEMS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY PASS-THROUGH WARRANTY MADE BY A SERVICE PROVIDER OF SERVICES, ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS MADE AVAILABLE BY A SERVICE PROVIDER OF SERVICES, ARE PROVIDED "AS IS" AND "WHERE IS".
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, IHG does not provide warranties for the Curated Solutions made available to the franchisee. Instead, any warranties applicable to these services are provided by the Service Provider, and the franchisee's recourse lies solely with those warranties, if any, that are expressly passed through under the Supplemental Terms or Participation Agreement. IHG explicitly disclaims all warranties, whether expressed or implied, related to the services, network connectivity, availability, software, hardware, or systems, including those concerning merchantability, satisfactory quality, and fitness for a particular purpose.
This means that as an Atwell Suites franchisee, you are relying on the Service Provider's warranties for the Curated Solutions, not IHG's. It is crucial to carefully review the Supplemental Terms or Participation Agreement to understand the scope and limitations of any warranties provided by the Service Provider. This disclaimer extends to all support materials, data, software, and other items provided by the Service Provider, which are offered "AS IS" and "WHERE IS".
This lack of warranty from IHG places the responsibility on the franchisee to assess the reliability and suitability of the Curated Solutions. Before agreeing to the Supplemental Terms or Participation Agreement, a prospective Atwell Suites franchisee should conduct thorough due diligence on the Service Providers and their warranties. Understanding these terms is essential for managing expectations and potential risks associated with the Curated Solutions.
Furthermore, IHG's disclaimer of warranties means that Atwell Suites franchisees cannot hold IHG liable for any issues arising from the performance, quality, or availability of the Curated Solutions. Franchisees must address any concerns directly with the Service Providers, based on the terms of their agreements. This underscores the importance of carefully evaluating the Service Providers and their offerings before committing to the Curated Solutions.