After termination of the Atwell Suites agreement, who is responsible for chargebacks, fees, and other amounts associated with transactions?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) You shall continue to bear total responsibility for all Chargebacks, fees, and other amounts (including all Servicers Fees and Third Party Based Fees) associated with transactions submitted by you or by any assignee or transferee of the Agreement not previously approved by us, and for all activity under your Merchant Account, until all such Servicers Fees, Third Party Based Fees, Chargebacks, and other amounts have been paid in full (and regardless of whether such transactions were submitted and such activity occurred before or after termination).
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, after the termination of the franchise agreement, the franchisee remains responsible for all financial obligations related to transactions processed during the term of the agreement. Specifically, the franchisee is liable for all chargebacks, fees, and other amounts, including Servicers Fees and Third Party Based Fees, associated with transactions they submitted. This responsibility extends to transactions submitted by any assignee or transferee of the agreement not previously approved by Atwell Suites.
This obligation continues until all such fees, chargebacks, and other amounts are paid in full, regardless of whether the transactions occurred before or after the termination date. This means that even after ceasing operations as an Atwell Suites franchisee, the former franchisee must still address any financial discrepancies or disputes that arise from past transactions.
This provision protects Atwell Suites from financial losses due to unresolved transactions after a franchise agreement ends. For a prospective franchisee, this highlights the importance of maintaining accurate records and managing transactions diligently to minimize potential liabilities that could persist even after the franchise is terminated. It also underscores the need to understand and comply with all transaction-related terms and conditions outlined in the franchise agreement to avoid potential financial repercussions.