Regarding Curated Solutions for Crowne Plaza, on whose warranties is the Licensee relying when agreeing to the Supplemental Terms or Participation Agreement?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
Disclaimer. IHG is not the licensor or provider of any of the Curated Solutions made available to Licensee hereunder and offers no warranties on any Services. In agreeing to the Supplemental Terms or Participation Agreement (as applicable), Licensee is relying solely on the Service Provider's warranties, if any, expressly passed through to Licensee under such Supplemental Terms or Participation Agreement. IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR THE SERVICES, NETWORK CONNECTIVITY, AVAILABILITY, SOFTWARE, HARDWARE, OR SYSTEMS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY PASS-THROUGH WARRANTY MADE BY A SERVICE PROVIDER OF SERVICES, ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS MADE AVAILABLE BY A SERVICE PROVIDER OF SERVICES, ARE PROVIDED "AS IS" AND "WHERE IS".
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to Crowne Plaza's 2025 Franchise Disclosure Document, when a licensee agrees to the Supplemental Terms or Participation Agreement related to Curated Solutions, they are relying solely on the warranties provided by the Service Provider, if any. These warranties must be expressly passed through to the licensee under the Supplemental Terms or Participation Agreement. IHG (InterContinental Hotels Group) itself offers no warranties on any services included in the Curated Solutions.
IHG expressly disclaims all warranties, whether expressed or implied, related to the services, network connectivity, availability, software, hardware, or systems. This disclaimer also extends to warranties of merchantability, satisfactory quality, and fitness for a particular purpose. The only exception to this is any pass-through warranty made by a service provider of services.
All services, support materials, data, software, and other items made available by a service provider are provided "AS IS" and "WHERE IS." This means that Crowne Plaza franchisees are accepting these Curated Solutions with all their existing faults and without any guarantee of performance or suitability from IHG. It is important for prospective franchisees to carefully review the terms and conditions, including any warranty information, provided by the Service Provider before agreeing to any Supplemental Terms or Participation Agreement.