What is the scope of the right granted to an Atwell Suites hotel to use the Next-Gen Payments Solution?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
2.0 SERVICE FRAMEWORK.
- 2.1 Next-Gen Payments Solution.
During the Term, IHG will provide to Hotel the Next-Gen Payments Solution pursuant to the terms of this Agreement.
- 2.2 Right to Use the Next-Gen Payments Solution.
During the Term, IHG hereby grants Hotel a limited, personal, revocable, nonexclusive, and non-transferable right to access and use the Next-Gen Payments Solution solely for the internal business purposes of Hotel and subject to the terms of this Agreement, including the Third Party Terms.
- 2.3 Restrictions on Use.
Except as expressly permitted by this Agreement, Hotel shall not, and shall not permit any third party to: (a) transmit the Next-Gen Payments Solution to any third party or third party network, or permit any third party to access or use the Next-Gen Payments Solution; (b) use the Next-Gen Payments Solution, or any data derived from the Next-Gen Payments Solution, in a service bureau, time-sharing, multiple CPU, or multiple user arrangement; (c) copy, reproduce, store, sell, assign, pledge, sublicense, convey, transfer, redistribute, transmit, grant other rights in, or permit any unauthorized use of the Next-Gen Payments Solution; (d) prepare derivative works or incorporate the Next-Gen Payments Solution, in whole or part, into any other system or work; (e) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Next-Gen Payments Solution, in whole or in part; (f) bypass or breach any security device or protection used by the Next-Gen Payments Solution or access or use the Next-Gen Payments Solution other than by an authorized user through the use of his or her own then valid access credentials; (g) input, upload, transmit, or otherwise provide to or through the Next-Gen Payments Solution, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code; (h) remove, delete, alter, or obscure any warranties or disclaimers, or any Intellectual Property Rights notices from the Next-Gen Payments Solution, including any copy thereof; (i) access or use the Next-Gen Payments Solution in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other rights of any third party, or that violates any applicable Law; or (j) otherwise access or use the Next-Gen Payments Solution beyond the scope of the authorization granted under this Agreement, including the Third Party Terms.
- 2.4 Third Party Terms.
Hotel shall comply with the terms and conditions set forth in Attachment 1 (Third Party Terms – FreedomPay) and Attachment 2 (Third Party Terms – HPFS) to this Agreement (collectively, the "Third Party Terms").
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, IHG grants Atwell Suites hotels a limited right to use the Next-Gen Payments Solution. This right is personal, revocable, nonexclusive, and non-transferable. The hotel can only access and use the solution for its internal business purposes, and it must adhere to the terms outlined in the franchise agreement, including any third-party terms.
Several restrictions are placed on the use of the Next-Gen Payments Solution. The hotel cannot transmit the solution to any third party or allow third-party access. It is prohibited from using the solution in a service bureau, time-sharing, or multiple-user arrangement. The hotel cannot copy, reproduce, sell, sublicense, or transfer the solution. Creating derivative works, reverse engineering, or attempting to access the source code is also forbidden. Furthermore, franchisees must not bypass security measures, input harmful code, or violate intellectual property rights.
Atwell Suites hotels must comply with the terms and conditions set by third-party providers like FreedomPay and HPFS, as detailed in the agreement's attachments. The hotel is responsible for ensuring its personnel use the Next-Gen Payments Solution correctly and for reporting any software errors or failures to IHG. The hotel is also responsible for procuring and maintaining all necessary hardware, software, and data communication systems required to connect to the FreedomPay system. Failure to comply with these terms may result in disallowance of certain benefits and potential fees for mitigation efforts by IHG.