factual

When the terms 'include' or 'includes' are used in the Atwell Suites license agreement, how should these terms be interpreted?

Atwell_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

The Brand System includes all elements which are designed to identify "Atwell Suites™" hotels to the public or are designed to be associated with those hotels or to contribute to such identification or association and all elements which identify or reflect the quality standards and business practices of such

hotels, all as specified in this License or as designated from time to time by IHG. The Brand System at present includes, but is not limited to:

Source: Item 23 — Receipts (FDD pages 99–486)

What This Means (2025 FDD)

Based on the 2025 Atwell Suites Franchise Disclosure Document, the term "includes" is used to provide examples and is not intended to be exhaustive. Specifically, the Brand System is described as encompassing various elements that identify Atwell Suites hotels to the public, contribute to their identification, or reflect quality standards and business practices.

The FDD states that the Brand System "includes all elements which are designed to identify 'Atwell Suites™' hotels to the public or are designed to be associated with those hotels or to contribute to such identification or association and all elements which identify or reflect the quality standards and business practices of such hotels, all as specified in this License or as designated from time to time by IHG." The document further clarifies that "The Brand System at present includes, but is not limited to" certain elements.

This means that the items specifically listed in the license agreement are examples of what the Brand System includes, but the Brand System is not limited to only those items. IHG may designate additional elements to be part of the Brand System over time. For a prospective franchisee, this implies that the Atwell Suites brand standards and requirements may evolve, and they should be prepared to adapt to these changes.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.