exception

Under what condition related to the IHG Agreement would an Atwell Suites franchisee NOT be entitled to Termination Assistance Services?

Atwell_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

Upon expiration or termination of the IHG Agreement: (a) you may terminate the Agreement without penalty; and (b) you are entitled to receive Termination Assistance Services, unless the IHG Agreement is terminated by us for cause (in which case, we may choose whether to provide Termination Assistance Services in our discretion).

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

What This Means (2025 FDD)

According to Atwell Suites' 2025 Franchise Disclosure Document, an Atwell Suites franchisee's entitlement to Termination Assistance Services is contingent upon the circumstances surrounding the termination of the IHG Agreement. Specifically, if the agreement between the Processor and Six Continents Hotels, Inc. ("IHG") is terminated by the company 'for cause,' the franchisee may not be entitled to Termination Assistance Services. In such instances, the company retains the discretion to decide whether or not to provide these services.

This condition introduces an element of uncertainty for prospective Atwell Suites franchisees. While the expiration or termination of the IHG Agreement generally allows the franchisee to terminate their agreement without penalty and receive Termination Assistance Services, this benefit is not guaranteed if the termination is due to a cause initiated by the company. The term 'for cause' is not defined in this section, which leaves room for interpretation and could potentially lead to disputes.

Prospective franchisees should seek clarification from Atwell Suites regarding what constitutes 'cause' for termination of the IHG Agreement. Understanding the specific reasons that could lead to a 'for cause' termination is crucial for assessing the risks associated with the franchise agreement. Franchisees should also inquire about the nature and extent of the Termination Assistance Services, to fully understand the potential benefits they might be foregoing in the event of a 'for cause' termination.

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.