Is Atwell Suites responsible for determining whether a franchisee is a Group Member?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) Waiver of Liability. We are not responsible for determining whether you are a Group Member.
We shall not have any liability to you in connection with any of our acts and omissions under this Section 2.6, regardless of whether you are or are not a Group Member.
You waive all claims, suits, and causes of action against us, and all related losses, related to our acts and omissions under this Section 2.6.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, Atwell Suites is not responsible for determining whether a franchisee is a Group Member. The FDD states that Atwell Suites is not liable to the franchisee regarding any actions or inactions related to Section 2.6 of the agreement, regardless of whether the franchisee is or is not a Group Member. The franchisee also waives all claims against Atwell Suites related to actions and omissions under Section 2.6.
This means that Atwell Suites franchisees cannot hold the franchisor accountable for any issues arising from the determination of their status as a Group Member or any related actions taken by Atwell Suites. This could have implications for how fees are assessed, collected, and remitted, as these processes may depend on the franchisee's relationship with a Group Owner.
Prospective franchisees should carefully consider the implications of this lack of responsibility and conduct their own due diligence to understand how their potential status as a Group Member might affect their franchise agreement and operations. It would be prudent to seek legal counsel to fully understand the risks and responsibilities associated with this provision.