factual

Under what circumstances will the Reserve Account for an Atwell Suites franchise be fully funded immediately?

Atwell_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (a) Timing. The Reserve Account shall be fully funded: (i) immediately in instances of fraud, suspected fraud, the occurrence of an Event of Default, or any party providing notice of termination of the Agreement; or (ii) upon three days' notice if required for any other reason.

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

What This Means (2025 FDD)

According to Atwell Suites's 2025 Franchise Disclosure Document, the Reserve Account must be fully funded immediately under specific circumstances. These circumstances include instances of fraud, suspected fraud, the occurrence of an Event of Default, or if any party provides notice of termination of the License Agreement.

This immediate funding requirement serves as a protective measure for Atwell Suites, ensuring funds are readily available to cover potential losses or liabilities arising from the franchisee's actions or business operations under those adverse conditions. An 'Event of Default' typically covers serious breaches of the franchise agreement, such as failure to meet brand standards, non-payment of fees, or other significant violations.

For a prospective Atwell Suites franchisee, this means understanding the conditions that trigger immediate funding of the Reserve Account is crucial. Franchisees should be aware that actions leading to fraud, default, or termination can have immediate financial consequences, requiring them to deposit the full Reserve Account amount without delay. This highlights the importance of adhering to the franchise agreement and maintaining ethical and compliant business practices to avoid triggering these conditions.

Beyond immediate funding, the FDD also specifies that the Reserve Account can be funded with three days' notice for any other reason. The Reserve Account may be funded by debits to the Settlement Account, collection of payments otherwise due to the franchisee, or a letter of credit.

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.