factual

What does the Even Hotels equipment lease constitute regarding the agreement between the parties?

Even_Hotels Franchise · 2025 FDD

Answer from 2025 FDD Document

EXHIBIT D DISPENSING EQUIPMENT LEASE

LEASE AGREEMENT AND TERM.

Company hereby leases to the PSH Owner of each Corporate Hotel (referred to as "Equipment Lessee" in this Exhibit D) all beverage dispensers provided to Equipment Lessee ("Equipment"), subject to the terms and conditions set forth in this Lease.

Unless otherwise agreed in writing, the Equipment will also include, where applicable, all permanent merchandising, menu boards, refrigeration units, ice makers and water filtration equipment installed by Company on Equipment Lessee's premises.


  • overdue payient, of such lesser amount that Company is entitled to receive under any applicable law
  1. TITLE TO THE EQUIPMENT. Title to the Equipment is, and will at all times remain, vested in Company. Equipment Lessee will have no right, title, or interest in or to the Equipment, except the right to quiet use of the Equipment in the ordinary course of its business as provided in this Lease. Equipment Lessee will execute such title documents, financing statements, fixture filings, certificates and such other instruments and documents as Company will reasonably request to ensure to Company's satisfaction the protection of Company's title to the Equipment and Company's interests and benefits under this Lease. Equipment Lessee will not transfer, pledge, lease, sell, hypothecate, mortgage, assign or in any other way encumber or dispose of any of the Equipment. THE PARTIES AGREE, AND EQUIPMENT LESSEE WARRANTS, THAT THE EQUIPMENT IS, AND WILL AT ALL TIMES REMAIN, PERSONAL PROPERTY OF COMPANY NOTWITHSTANDING THAT THE EQUIPMENT OR ANY PART THEREOF MAY NOW BE, OR HEREAFTER BECOME, IN ANY MANNER AFFIXED OR ATTACHED TO, OR EMBEDDED IN, OR PERMANENTLY RESTING UPON, REAL PROPERTY OR IMPROVEMENTS ON REAL PROPERTY. Equipment Lessee will not make any alterations, additions, or improvements to the Equipment without the prior written consent of Company. All parts added to the Equipment through alterations, repairs, additions or improvements will constitute accessions to, and will be considered an item of the Equipment and title to such will immediately vest in Company. Equipment and title to such will immediately vest in Company. Equipment and this Lease, and any amounts due or to become due, to any third party ("Assignee") for any reason. Upon receipt of written notice from Company's righ

This Lease constitutes the entire agreement of the parties and supersedes all prior oral and written agreements between the parties governing the subject matter of this Lease; provided, however, that if Company and Equipment Lessee have entered into an agreement into which this Lease is incorporated, to the extent that any of the terms in this Lease conflict with the terms set forth in that agreement, the terms of that agreement will control.

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

What This Means (2025 FDD)

According to Even Hotels' 2025 Franchise Disclosure Document, the equipment lease agreement outlines the terms and conditions under which Even Hotels leases beverage dispensers and related equipment to the PSH Owner of each Corporate Hotel, who is referred to as the "Equipment Lessee." This lease grants the Equipment Lessee the right to use the equipment in the ordinary course of their business. The equipment includes beverage dispensers and may also encompass permanent merchandising, menu boards, refrigeration units, ice makers, and water filtration equipment installed by the company on the Equipment Lessee's premises, unless otherwise agreed upon in writing.

Even Hotels retains full title to the equipment at all times, and the Equipment Lessee does not acquire any ownership rights, title, or interest in the equipment beyond the right to use it. The Equipment Lessee is responsible for executing any documents necessary to protect Even Hotels' title and interests in the equipment. The lessee is prohibited from transferring, pledging, leasing, selling, or otherwise encumbering the equipment in any way.

The agreement specifies that the equipment remains the personal property of Even Hotels, regardless of whether it becomes affixed to real property. Any alterations or improvements made to the equipment become the property of Even Hotels. This lease agreement is separate from other agreements, but it is incorporated into any broader agreements between Even Hotels and the Equipment Lessee. In case of conflicts between the terms of the lease and those of a broader agreement, the terms of the broader agreement will prevail.

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.