Under the Crowne Plaza Master Technology Schedule, what is the Licensee's obligation regarding Hardware, Software, and Services provided by Service Providers?
Crowne_Plaza Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2 IHG or an Affiliate thereof will facilitate Licensee's access to Service Providers' Hardware, Software, and Services, and Licensee will pay for, receive, and use such Hardware, Software, and Services in accordance with the terms set forth in the License, including this Attachment "D" (the "Master Technology Schedule"), the Enabling Agreements, and any applicable Participation Agreement or Order Form.
9.2 By IHG.
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, the Master Technology Services Schedule outlines the licensee's obligations regarding hardware, software, and services provided by external service providers. IHG, or an affiliate, facilitates the licensee's access to these service providers for hardware, software, and services. The licensee is then responsible for paying for, receiving, and using these provisions according to the terms outlined in the license, the Master Technology Schedule, any enabling agreements, and any applicable participation agreement or order form.
Crowne Plaza requires that franchisees acquire the necessary hardware, software, and communication capabilities as specified in the Minimum Configuration at least 120 days before the hotel opening date. Additionally, franchisees must enter into Participation Agreements for Additional Required Services within the same timeframe. The franchisee is responsible for preparing the site for the installation and operation of hardware, ensuring it meets the required specifications and is accessible to installation personnel. This includes providing necessary electrical connections, power outlets, air conditioning, and network cable installation.
The franchisee is responsible for the actions of its agents (employees, contractors, etc.) in complying with the terms of the license and the Master Technology Schedule. The franchisee is also obligated to pay for site preparation work performed by IHG or service providers, as well as the costs associated with installing hardware or software that is not part of the Minimum Configuration. IHG is not liable for failing to fulfill obligations due to events beyond its control, such as natural disasters or utility failures. IHG may modify or discontinue the Master Technology Schedule with 90 days written notice to the licensee without incurring liability.
IHG is not the licensor or provider of any of the Curated Solutions made available to Licensee 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".