What sections of the Crowne Plaza Next-Gen Payments Solution Agreement survive termination or expiration of the agreement?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
9.1 Hotel Indemnity. Hotel will defend, indemnify, and hold harmless IHG, its Affiliates, and their respective officers, directors, employees, and agents against any claims, losses, liabilities, and damages arising out of or relating to a breach by Hotel of this Agreement, including the Third Party Terms.
For Confidential Information that does not constitute a "trade secret" under applicable Law, these confidentiality obligations will expire three (3) years after the termination or expiration of this Agreement.
For Confidential Information that constitutes a "trade secret" under applicable Law, these confidentiality obligations will continue until such information ceases to constitute a "trade secret" under such applicable Law.
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to the 2025 Crowne Plaza FDD, the Next-Gen Payments Solution Agreement includes clauses regarding confidentiality and hotel indemnity that extend beyond the termination or expiration of the agreement. The confidentiality obligations for information not considered a trade secret expire three years after the agreement ends. However, for confidential information classified as a trade secret, these obligations continue as long as the information retains its trade secret status under applicable law.
Additionally, the hotel's responsibility to defend, indemnify, and hold harmless IHG and its affiliates against any claims, losses, liabilities, and damages resulting from a breach of the agreement by the hotel, including breaches of Third Party Terms, remains in effect even after the agreement terminates or expires. This means that even after the formal agreement period, Crowne Plaza franchisees could still be liable for certain obligations.
These clauses are typical in franchise agreements to protect the franchisor's confidential information and to ensure that the franchisee remains accountable for any breaches of contract, even after the agreement has ended. A prospective Crowne Plaza franchisee should carefully review these sections to understand the full scope of their ongoing responsibilities and potential liabilities.