Under the Atwell Suites agreement, what are the acceptable methods for delivering notices?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
In any case where any notice, approval, agreement or other communication is required or permitted to be given under this Agreement, such notice, approval, agreement or communication shall be in writing and deemed to have been duly given and delivered (a) if delivered in person, on the date of such delivery; or (b) if sent by overnight express or registered or certified mail (with return receipt requested), on the date of receipt of such mail.
Such notice or other communication shall be sent to (i) with respect to HotelKey, at the address set forth in the preamble, (ii) with respect to Hotel, the address(es) set forth in the Hotel Agreement, and (iii) with respect to IHG, at the address set forth in Section 11.9 (IHG Contracting Entity; Governing Law) below.
A Party may update its notice address from time to time by notifying the other Parties in writing in accordance with this section.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites's 2025 Franchise Disclosure Document, any required or permitted notice, approval, agreement, or other communication must be in writing. The notice is considered duly given and delivered (a) on the date of delivery if delivered in person; or (b) on the date of receipt if sent by overnight express or registered or certified mail with return receipt requested.
The notice must be sent to HotelKey at the address in the preamble, to the Hotel at the addresses in the Hotel Agreement, and to IHG at the address in Section 11.9 (IHG Contracting Entity; Governing Law). A party can update its notice address by notifying the other parties in writing according to this section.
For Atwell Suites franchisees, this means that all formal communications with the franchisor must be documented and sent via specific methods to ensure proof of delivery and receipt. It is important to keep records of all notices sent and received, including dates and methods of delivery, as these could be critical in resolving disputes or demonstrating compliance with the franchise agreement. The franchisee should also ensure that Atwell Suites always has the franchisee's current contact information.