Which sections of the Atwell Suites Agreement survive termination or expiration of the agreement?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
| 11.8 Survival. The provisions contained in this Agreement that by their context are intended to survive termination | |||||||
|---|---|---|---|---|---|---|---|
| or expiration will survive, including Sections 4.0 (Confidential Information); 5.0 (Data, Privacy, and Security); 6.0 | |||||||
| (Intellectual Property); | 7.0 | (Disclaimer of Warranties); | 9.0 | (Indemnification); | 10.0 | (Damages); and | 11.0 |
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, certain provisions within the agreement are designed to remain in effect even after the agreement terminates or expires. These include sections addressing confidential information, data privacy and security, intellectual property, disclaimers of warranties, indemnification, damages, and miscellaneous provisions.
Specifically, Section 4.0 pertains to confidential information, ensuring that franchisees continue to protect sensitive business data even after the franchise relationship ends. Section 5.0 covers data, privacy, and security, which is crucial for maintaining customer trust and complying with legal requirements related to data protection. Section 6.0 deals with intellectual property, safeguarding Atwell Suites' trademarks, logos, and other proprietary assets.
Additionally, Section 7.0 involves the disclaimer of warranties, limiting Atwell Suites' liability for certain aspects of the business. Section 9.0 outlines indemnification, specifying which party is responsible for covering losses or damages in particular situations. Section 10.0 addresses damages, defining how any monetary losses will be handled. Finally, Section 11.0 encompasses miscellaneous provisions, which may include clauses related to governing law, dispute resolution, and other general legal terms.
These sections are designed to provide ongoing protection and clarity for both Atwell Suites and its franchisees, even after the formal agreement has ended. Franchisees should carefully review these sections to understand their continuing obligations and rights.