What sections of the Distribution Agreement address a Bw Premier Collection franchisee's obligations regarding trademarks and proprietary information?

According to Bw Premier Collection's 2025 Franchise Disclosure Document, a franchisee's obligations regarding trademarks and proprietary information are detailed in Sections 2(h), 3(o), and 3(hh) of the Distribution Agreement. These obligations are further discussed in Items 13 and 14 of the disclosure document. This means that as a Bw Premier Collection franchisee, you must adhere to the stipulations outlined in these sections to properly use and protect the brand's trademarks and confidential information.

These sections likely cover the proper use of the "Best Western®," "BW Premier Collection®" and "Best Western Rewards®" marks, as well as guidelines for protecting proprietary information related to the Bw Premier Collection system. Franchisees should carefully review these sections to understand their responsibilities in maintaining the integrity of the brand and safeguarding sensitive business data. Failure to comply with these obligations could result in penalties or termination of the Distribution Agreement.

It is important to note that the Distribution Agreement does not obligate Bw Premier Collection to protect the franchisee's right to use the Licensed Marks or to defend against infringement claims. Additionally, franchisees are not required to notify Bw Premier Collection of similar trademark uses or claims, and if they do, Bw Premier Collection is not obligated to take action. The agreement also does not grant control over administrative proceedings or litigation involving the Licensed Marks to either party, nor does it require Bw Premier Collection to participate in the franchisee's defense or provide indemnification in case of unfavorable proceedings. Franchisees have no rights if Bw Premier Collection requires them to modify or discontinue using a Licensed Mark. This highlights the importance of franchisees understanding their own responsibilities and potential risks related to trademark use.

Prospective franchisees should carefully review Items 13 and 14 of the FDD, along with Sections 2(h), 3(o), and 3(hh) of the Distribution Agreement, to fully understand their obligations and the franchisor's responsibilities regarding trademarks and proprietary information. Understanding these aspects is crucial for protecting both the Bw Premier Collection brand and the franchisee's investment.