What is a Best Western Member prohibited from doing with the computer software provided by Best Western?
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 provides its members with access to computer software for specific business purposes. Members are explicitly restricted in how they can use this software. Specifically, a Best Western member is not allowed to copy or allow the software to be copied, nor are they permitted to disclose any of the software programs to third parties. The software must be used exclusively for reservation communications with Best Western's reservation systems and other members, as well as for other business operations related to the Best Western branded hotel.
This restriction is significant for prospective franchisees because it underscores the proprietary nature of Best Western's software. It highlights that the software is either copyrighted by Best Western or licensed to them by third parties, and franchisees must adhere to strict licensing and usage terms. These terms are available upon request, indicating that franchisees should proactively seek and understand these terms to avoid any violations.
Furthermore, Best Western retains the right to upgrade the software and may charge an upgrade fee to the member. Upon termination or resignation of the agreement, the member is obligated to delete or return all software to Best Western. Failure to comply with this requirement will result in a charge for the cost of the software to the property's Best Western account. Additionally, the member assumes all risks and liabilities for any loss, damage, or destruction of the software and is responsible for replacing it at their own expense.
These stipulations emphasize the importance of proper software management and security for Best Western members. Franchisees must ensure they comply with all usage terms, protect the software from unauthorized access or damage, and promptly address any software-related issues to avoid potential penalties or service interruptions.