Is the Customer allowed to depict, advertise, promote or merchandise any Competitive Beverages anywhere in or in association with the Even Hotels?

According to the 2025 Even Hotels Franchise Disclosure Document, the agreement stipulates that, except as otherwise permitted, the Customer (franchisee) will not depict, advertise, promote, or merchandise any Competitive Beverages anywhere in or in association with the Hotels. This restriction also extends to preventing the Customer from entering into any agreement or relationship that associates Competitive Beverages with the Customer, the Hotels, or any of the Customer's trademarks in advertising or promotional activities.

However, there are exceptions to this rule. Third-party tenants renting or leasing space at the Hotel, who may serve Competitive Beverages due to their own agreements, are excluded from this restriction, provided the Competitive Beverages are sold only within their leased space. Any advertisements for these beverages at the Hotel must be reasonable and minimal, preferably within the tenant's space, and must not suggest any association with the Customer or the Hotel.

Additionally, Hotels may serve certain Competitive Beverages in Bottle/Can form as 'Bottle/Can Beverage Permitted Exceptions.' These exceptions include Pellegrino bottled water, Fred brand bottled water at Kimpton hotels only, bottled water sold in a glass bottle (excluding PepsiCo products), complimentary water (excluding PepsiCo products), and up to 10% of the space allocated to Bottle/Can Beverages in Customer-owned coolers or displays for local, niche brands that are not Products of PepsiCo, are not Sparkling Beverages and are not Juice Beverages (with limited juice content exceptions). If any of these exceptions later become a PepsiCo product, they will no longer be permitted, unless the Customer has a pre-existing agreement with that supplier.