What are some examples of non-curable defaults that could lead to the termination of a Crowne Plaza franchise agreement?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section In | Summary | |
|---|---|---|---|
| Agreement | |||
| a. Length of the license term (Note 1) | License: 11.A | The term begins on the Effective Date and expires 20 years from date Hotel opens in the Brand System for a new development; 10 or more years from date Hotel opens in the Brand System for a conversion; and 10 or more years from Effective Date for a change of ownership or re-licensing. | |
| b. Renewal or | Not applicable (see | The License does not provide for | |
| extension of term | License: 11.A) | renewal or term extensions. | |
| c. Requirements for you to renew or extend | Not applicable (see License: 11.A) | The License does not provide for renewal or term extensions. If we agree to Re-license, you may be asked to sign a contract with materially different terms and conditions than your original contract. | |
| d. Termination by you | Not applicable | ||
| e. Termination by | License: Not | MTSA may be terminated by IHG Tech | |
| Holiday without | applicable | for convenience on 90 days’ prior | |
| Cause | MTSS: 10.1 | written notice to the licensee. | |
| f. Termination by Holiday with Cause (Notes 2 and 3) | License: 11.B, 11.C, 13.J and Attachment B MTSS: 10.3 | Holiday may terminate with cause. You pay liquidated damages if Holiday terminates under Paragraphs 11.B, 11.C, or 13.J. Termination may occur for failure to perform “The Work”. See Notes 2 and 4 and Exhibit B. | |
| g. "Cause" defined – | License: 11.B, | Any default other than those listed in | |
| defaults which can | “h” below. | ||
| be cured (Note 3) | See Note 2. | ||
| h. "Cause" defined – non-curable defaults | License: 10, 11.C and Attachment B | Non-curable defaults: bankruptcy; non- dismissed judgments exceeding $50,000; trademark misuse, or if you contest Holiday's ownership of trademarks; loss of possession of the property; dissolution of the licensee entity; failure to identify or operate the Hotel as a Brand System Hotel; violation of Licensor’s proprietary | |
| Provision | Section In Agreement | Summary rights; |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 87–91)
What This Means (2025 FDD)
According to Crowne Plaza's 2025 Franchise Disclosure Document, certain non-curable defaults can lead to the termination of the franchise agreement. These defaults, as outlined in Item 17, include situations such as bankruptcy, having non-dismissed judgments exceeding $50,000, or engaging in trademark misuse, especially if the franchisee contests Crowne Plaza's ownership of its trademarks.
Other non-curable defaults include losing possession of the property, dissolving the licensee entity, or failing to identify or operate the hotel as a Crowne Plaza branded hotel. Violating the licensor's proprietary rights, engaging in unapproved transfers of the franchise, or a felony conviction also constitute non-curable defaults.
Further, maintaining false books and records, failing to comply with safety, security, or privacy standards that could harm guests or the brand's reputation, and experiencing condemnation or casualty where the hotel does not reopen as required are also considered non-curable defaults. Unauthorized use of the brand's marks and refusing to allow inspections or audits by Crowne Plaza are also listed as reasons for termination that cannot be cured. These stipulations highlight the critical importance of adhering to the franchise agreement and maintaining operational and ethical standards to avoid potential termination.