Under what circumstances is FreedomPay not liable for failing to fulfill its obligations to an Atwell Suites hotel?

According to Atwell Suites' 2025 Franchise Disclosure Document, FreedomPay outlines specific situations where they will not be held liable for failing to meet their obligations. One key instance is when the Atwell Suites hotel itself imposes security or other measures that restrict FreedomPay's access to necessary equipment. This means that if the hotel's own security protocols or operational procedures hinder FreedomPay's ability to perform its services, FreedomPay will not be held responsible for any resulting failures.

Additionally, FreedomPay is not liable for failing to fulfill obligations (except payment obligations) due to force majeure events. These events include acts of God, acts of war, or failures of utility or communications infrastructure. The events must be beyond the reasonable control of the non-performing party. This clause protects FreedomPay from liability when external, uncontrollable events prevent them from meeting their contractual duties.

These limitations of liability are important for prospective Atwell Suites franchisees to understand. It highlights the need for franchisees to ensure their own security measures and operational procedures do not impede FreedomPay's ability to provide services. Franchisees should also be aware that FreedomPay's responsibility is limited during events outside of their control, such as natural disasters or widespread infrastructure failures. Understanding these conditions can help franchisees better assess the risks and responsibilities associated with using FreedomPay's services.