What constitutes the 'Agreement' according to the Even Hotels FDD?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
All schedules, attachments, exhibits or addenda hereto are incorporated herein by this reference. Any reference to this License includes any schedules, attachments, exhibits, or addenda thereto, and any amendments thereof. This License and all schedules, attachments, exhibits or addenda to this License constitute the entire agreement between the parties related to the Hotel and supersede all previous negotiations between the parties pertaining to the licensing of the Hotel as a Brand System hotel. Nothing in this License or in any related agreement is intended, however, to disclaim any representations IHG made in the franchise disclosure document that IHG provided to Licensee. No change in this License will be valid unless in writing signed by both parties. No failure to require strict performance or to exercise any right or remedy hereunder will constitute a waiver of any rights hereunder or preclude requiring strict performance or exercising any right or remedy in the future.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the entire agreement between IHG and the franchisee regarding the hotel encompasses the license itself, along with all schedules, attachments, exhibits, and addenda. Any reference to the License includes these components and any amendments made to them. This complete agreement supersedes any prior negotiations or discussions between the parties concerning the licensing of the hotel as part of the Brand System.
However, the Even Hotels FDD clarifies that nothing in the license or related agreements disclaims any representations made by IHG in the franchise disclosure document provided to the franchisee. This ensures that franchisees can rely on the information presented in the FDD during their decision-making process. Any changes to the license must be made in writing and signed by both parties to be considered valid.
The FDD also states that failure to enforce strict performance or exercise any right or remedy does not constitute a waiver of those rights, ensuring that Even Hotels retains its ability to enforce the agreement's terms in the future. This comprehensive definition aims to provide clarity and prevent misunderstandings regarding the scope and terms of the franchise relationship.