If Best Western upgrades the software, can a Best Western Member be charged an upgrade fee?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Best Western has provided or will provide access to computer software that is to be used by the Property to access Best Western supporting applications ("Software"). Software programs are copyrighted by Best Western or licensed to Best Western by third parties. Member agrees to use the Software only for reservation communications with Best Western's reservations systems and with other Members, and for other business purposes relating to the operation of the Property as a Best Western® branded hotel. Member shall not copy, allow to be copied, or disclose any of the Software programs. Member will abide with all licensing and use terms and conditions of any Software provided. Such terms are available upon request.
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- Software may be upgraded by Best Western or its designee from time to time, and Member may be charged an upgrade fee.
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- In the event of failure or interruption of reservation services, it is a Member's responsibility to participate in the troubleshooting process. Best Western shall, in its sole and absolute discretion, make all final problem determinations and may dispatch technical resources as needed to achieve problem resolution.
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- All Software shall be deleted or returned upon demand of Best Western or upon resignation by Member, cancellation or termination of this Agreement, whichever is sooner. Failure to do so will result in a charge for the cost of the Software to the Property's Best Western account.
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- Member hereby assumes all risks and liabilities, whether covered by insurance or not, for loss or damage to or destruction of any Software. Member shall replace, at its expense, any Software which is lost, damaged, or destroyed.
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, Best Western may upgrade the software used by members and charge a fee for the upgrade. The software programs are copyrighted by Best Western or licensed to them by third parties. Members are required to use the software only for reservation communications with Best Western's reservation systems, with other members, and for other business purposes related to operating the property as a Best Western branded hotel. Members cannot copy or disclose any of the software programs and must abide by all licensing and use terms. The specific terms are available upon request.
This means that as a Best Western franchisee, you may incur additional costs for software upgrades implemented by Best Western. It is important to factor in potential software upgrade fees when assessing the overall cost of operating a Best Western franchise. You should request and carefully review the software licensing and use terms to understand the scope of permitted uses and any restrictions.
Furthermore, in the event of a failure or interruption of reservation services, the member is responsible for participating in the troubleshooting process. Best Western has the sole discretion to make all final problem determinations and may dispatch technical resources as needed to resolve the issue. All software must be deleted or returned upon demand of Best Western or upon resignation, cancellation, or termination of the Membership Agreement. Failure to do so will result in a charge for the cost of the software to the property's Best Western account. The member assumes all risks and liabilities for loss or damage to the software and must replace any lost, damaged, or destroyed software at their own expense.