Does SCH provide any warranties beyond those described in Exhibit A for Atwell Suites, and if so, what are they?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
or not copyrightable or patentable, developed for Client by SCH or utilized solely for Client while performing Services for Client pursuant to this Agreement, shall be the sole and exclusive property of SCH. Client is hereby granted a limited, revocable, nonexclusive license to use and employ such work product within the Client's business during the term of this Agreement.
9. Client Representative.
The following individual _________________________ shall represent the Client during the performance of this Agreement with respect to the services and deliverables as defined herein and shall have the authority to execute written modifications or additions to this contract pursuant to Section 15.
10. Taxes.
Any and all taxes, except income taxes of SCH, imposed or assessed by reason of this contract or its performance, including but not limited to sales or use taxes, shall be paid by Client. Client and SCH specifical
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 FDD, SCH warrants to Atwell Suites clients that the analysis, data, and services delivered will be of the kind and quality described in Exhibit A and will be performed by qualified personnel. However, SCH makes no other warranties beyond this.
Specifically, SCH provides no other warranties, whether written, oral, or implied, including any warranty of fitness for a particular purpose or merchantability. This means that Atwell Suites franchisees cannot expect any guarantees that the services will meet their specific needs or be suitable for resale.
Furthermore, SCH is not liable for special or consequential damages, including damages related to the client's revenue or profits, whether in contract or tort, even if SCH was aware of the possibility of such damages. If this limitation of damages is held unenforceable, SCH's liability is limited to $100 as liquidated damages. This significantly limits the potential financial recovery for an Atwell Suites franchisee in case of any issues with the services provided by SCH.
This disclaimer and limitation of liability are common in franchise agreements. Prospective Atwell Suites franchisees should carefully consider the implications of these limitations and seek legal advice to understand their rights and obligations.