Under what geographic limitations do the 'Hotels' referenced in the Atwell Suites FDD operate?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
A. The Hotel.
The Hotel comprises all structures, facilities, appurtenances, furniture, fixtures, equipment, entry and exit rights, parking, pools, landscaping and other areas from time to time located on the land identified by Licensee to IHG in anticipation of this License, or located on any land from time to time approved by IHG for additions, signs or other facilities. The Hotel must include the facilities listed on Attachment "A" hereto. No change in the number of approved guest rooms or suites and no other significant change in the Hotel or in the manner in which the Hotel rooms and services are offered to the public (including timesharing and condominium hotel projects and other projects not involving short term stays by transient guests) may be made without IHG's written approval. Licensee represents that it is entitled to possession of the Hotel during the entire License Term without restrictions that would interfere with anything contemplated in this License. Throughout this License, the words "room" and "guest room" are intended to include the word "suites" unless otherwise indicated.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites FDD, the hotel's operation is tied to a specific location identified by the Licensee and approved by IHG. The hotel comprises all the structures, facilities, and areas on the land approved by IHG. The Licensee must have possession of the Hotel during the entire License Term without restrictions. Any changes to the number of guest rooms or significant changes to the Hotel require IHG's written approval.
The Atwell Suites license agreement can be subject to state-specific amendments. For example, the FDD includes amendments for Atwell Suites hotels issued in Maryland and Minnesota, addressing aspects like bankruptcy law, liability, and termination rights. These amendments highlight that the standard franchise agreement is adapted to comply with local regulations, which could impact how the franchise operates within those states.
IHG aims to maintain consistent standards across all Atwell Suites hotels to uphold the brand's image. While these standards apply broadly, IHG can make limited exceptions based on local conditions or special circumstances. This flexibility suggests that while Atwell Suites strives for uniformity, it also recognizes the need to adapt to the specific requirements and challenges of different locations. The brand system also includes a worldwide hotel distribution of Brand System hotels, global market coverage, and a recognized presence on the internet.