Does the Even Hotels agreement include a waiver clause?

According to the 2025 Even Hotels Franchise Disclosure Document, the franchise agreement does address waivers. Specifically, the agreement states that the failure of either party to seek resolution for a breach or to demand strict adherence to any term within the agreement does not constitute a waiver.

However, there is an exception to this rule. For a waiver to be valid, it must be documented in writing and signed by the party who is waiving performance. This means that Even Hotels cannot claim a franchisee has waived their rights unless there is a written and signed agreement explicitly stating the waiver.

Additionally, several state-specific amendments included in the FDD modify how waivers operate within those states. For example, the Washington amendment specifies that a franchisee's release or waiver of rights does not include rights under the Washington Franchise Protection Act unless executed as part of a negotiated settlement with independent counsel. Similarly, the North Dakota and Hawaii amendments state that general release language in the license does not relieve IHG (or any other person) from liability imposed by franchise laws in those states. These stipulations provide additional protection to franchisees by preventing unintentional or uninformed waivers of their legal rights.