Under the Atwell Suites Dispensing Equipment Lease, what is the definition of 'Equipment Lessee'?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Company hereby leases to the PSH Owner of each Corporate Hotel (referred to as "Equipment Lessee" in this Exhibit D) all beverage dispensers provided to Equipment Lessee ("Equipment"), subject to the terms and conditions set forth in this Lease.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, the 'Equipment Lessee' is defined as the PSH Owner of each Corporate Hotel. This definition is specifically used within Exhibit D, which pertains to the Dispensing Equipment Lease. Atwell Suites leases beverage dispensers to the PSH Owner, who is then referred to as the 'Equipment Lessee' throughout the terms and conditions of the lease.
This means that the individual or entity that owns the hotel property where the Atwell Suites franchise is located is the party responsible for adhering to the terms of the Dispensing Equipment Lease. This includes responsibilities such as proper use of the equipment, maintenance, and compliance with any regulations related to food safety and equipment operation. The Equipment Lessee is also the party to whom Atwell Suites provides the beverage dispensers.
For a prospective Atwell Suites franchisee, understanding this definition is crucial because it clarifies who is legally bound by the terms of the Dispensing Equipment Lease. If the franchisee does not own the hotel property, they need to ensure that the PSH Owner is aware of and agrees to the terms of the lease, as the owner will be the Equipment Lessee. This arrangement ensures that Atwell Suites has a direct contractual relationship with the property owner regarding the dispensing equipment.