Under what circumstances will a Crowne Plaza client be required to reimburse SCH for taxes paid?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
Any and all taxes, except income taxes of SCH, imposed or assessed by reason of this contract or its performance, including but not limited to sales or use taxes, shall be paid by Client. Client and SCH specifically agree that SCH is not an employee of Client. In the event foreign, federal, state or local taxes are assessed on the Services and SCH has paid for such taxes, Client shall promptly reimburse SCH for all such taxes except for those taxes based on the income of SCH, SCH employees, or personnel provided by SCH pursuant to this Agreement.
Source: Item 23 — Receipts (FDD pages 100–424)
What This Means (2025 FDD)
According to the 2025 Crowne Plaza FDD, a client is obligated to reimburse SCH (presumably a service provider) for specific taxes under certain conditions. The agreement stipulates that the client is responsible for paying any and all taxes related to the contract or its execution. This includes sales or use taxes, but excludes SCH's income taxes.
Specifically, if foreign, federal, state, or local taxes are assessed on the services provided, and SCH has already paid these taxes, the client is required to promptly reimburse SCH. However, this reimbursement requirement does not extend to taxes based on the income of SCH, its employees, or personnel provided by SCH under the agreement.
In practical terms, this means a Crowne Plaza franchisee using SCH's services needs to be prepared to cover taxes like sales tax or use tax on those services. However, the franchisee is not responsible for SCH's corporate income taxes or the income taxes of SCH's staff. This arrangement is fairly standard in service contracts, where the end client typically bears the burden of consumption-based taxes while the service provider remains responsible for their own income taxes.