For Atwell Suites, which sections survive the expiration or termination of the agreement?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
The provisions of this Section 10 will survive termination and expiration of this Lease.
Company will indemnify Customer and the owner and operator of each Participating System Hotel and their respective affiliates and each of their respective officers, agents, employees, directors, shareholders, affiliates, successors, and assigns (hereinafter the "PSH Indemnified Parties" against, and hold PSH Indemnified Parties wholly harmless from, any and all claims, actions, suits, proceedings, demands, damages, and liabilities of whatever nature, and all costs and expenses, including without limitation PSH Indemnified Parties' reasonable attorneys' fees and expenses, relating to or in any way arising out of (a) any act or omission of Company resulting in any loss or damage to or sustained by the PSH
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, Section 10 of the agreement, which is not further specified, contains provisions that survive the termination and expiration of the lease. This means that even after the franchise agreement ends, certain obligations and rights outlined in Section 10 will continue to be in effect.
Specifically, Atwell Suites will indemnify the Customer, the owner and operator of each Participating System Hotel, their affiliates, officers, agents, employees, directors, shareholders, successors, and assigns (collectively referred to as "PSH Indemnified Parties"). This indemnification covers any claims, actions, suits, proceedings, demands, damages, and liabilities, as well as all costs and expenses, including reasonable attorneys' fees, that arise from any act or omission of Atwell Suites. This indemnification is tied to Atwell Suites' failure to comply with all the terms and conditions of the lease, ensuring that the PSH Indemnified Parties are protected from losses or damages resulting from Atwell Suites' non-compliance.
This survival clause is a standard practice in franchising to ensure that certain responsibilities and protections remain in place even after the formal agreement has ended. It provides a level of security for both parties, particularly concerning liabilities and obligations that may extend beyond the term of the agreement. Prospective Atwell Suites franchisees should carefully review Section 10 to fully understand the scope of these surviving provisions and their implications.