Does the Even Hotels agreement specify any penalties for disclosing confidential information?

Based on the 2025 FDD, the Even Hotels agreement outlines responsibilities regarding confidential information but does not explicitly state monetary penalties for its disclosure. The agreement states that the hotel is responsible for any breach of the confidential information section by its agents, affiliates, and any third parties to whom they disclose confidential information. This implies that Even Hotels franchisees could be held liable for breaches caused by those they share the information with.

The Even Hotels agreement requires the franchisee to use commercially reasonable care to avoid unauthorized use or disclosure of confidential information, employing a standard of care no less than what they use to protect their own confidential information. The definition of confidential information includes data marked as confidential, identifiable as proprietary, or reasonably understood as such, given the nature of the information and circumstances of disclosure.

Upon request from IHG, the Even Hotels franchisee must deliver or destroy all copies of confidential information and certify in writing that they, their affiliates, agents, and recipients have complied. The agreement specifies that confidentiality obligations for information not considered a trade secret expire three years after the agreement terminates, while obligations for trade secrets continue as long as the information remains a trade secret under applicable law. While the agreement stipulates responsibilities and liabilities for breaches, it does not explicitly define specific financial penalties for disclosing confidential information, but does state that the hotel will be responsible for any breach of the section by Hotel Agents and Hotel's Affiliates and any third party to whom it or they disclose Confidential Information.