factual

Besides payment obligations, what events excuse Even Hotels from fulfilling its obligations related to FreedomPay?

Even_Hotels Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 3.3.

Force Majeure.

Except as otherwise provided herein, neither Hotel, IHG, nor FreedomPay is liable for failing to fulfill its obligations (except for payment obligations) due to acts of God, acts of war, failure of utility or communications infrastructure, or other causes beyond the non-performing party's reasonable control.

FreedomPay will not be liable for failing to fulfill its obligations if it is prohibited from doing so by any security or other measures, imposed by Hotel, restricting access to any equipment.

Source: Item 23 — RECEIPTS (FDD pages 99–438)

What This Means (2025 FDD)

According to Even Hotels' 2025 Franchise Disclosure Document, under the FreedomPay pass-through terms, neither the hotel, IHG, nor FreedomPay is liable for failing to fulfill its obligations, except for payment obligations, due to events classified as force majeure. These events include acts of God, acts of war, failure of utility or communications infrastructure, or other causes beyond the non-performing party's reasonable control.

Additionally, FreedomPay will not be held liable for failing to meet its obligations if it is prevented from doing so by any security or other measures imposed by the hotel that restrict access to equipment. This means that if the Even Hotels franchisee implements security protocols that hinder FreedomPay's access, FreedomPay is excused from its responsibilities.

This clause protects FreedomPay from liability in situations where external, uncontrollable events or the actions of the hotel itself impede its ability to deliver services. For a prospective Even Hotels franchisee, this highlights the importance of understanding and adhering to the required security protocols and ensuring that their own operational measures do not inadvertently prevent FreedomPay from fulfilling its obligations. It also emphasizes the need to plan for potential disruptions caused by force majeure events and to have contingency plans in place.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.