Who is responsible for loss or damage to Best Western equipment furnished in conjunction with the affiliation?

According to Best Western's 2025 Franchise Disclosure Document, the member is responsible for loss or damage to Best Western software. Specifically, the FDD states that the member assumes all risks and liabilities, whether covered by insurance or not, for loss or damage to or destruction of any Software. The member must replace, at its own expense, any software that is lost, damaged, or destroyed. This includes software provided to access Best Western supporting applications.

This means that if a Best Western franchisee loses, damages, or destroys any software provided by Best Western, they are responsible for the cost of replacing it. This responsibility exists regardless of whether the loss or damage is covered by insurance.

This is a fairly standard clause in franchise agreements, as franchisors need to protect their proprietary software and ensure that franchisees take responsibility for the equipment necessary to operate the business. Prospective franchisees should ensure they have adequate insurance coverage or take precautions to protect the software provided by Best Western.