In the event of a conflict between the Master Technology Schedule and the Participation Agreement, which provision controls for Even Hotels franchisees?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.2 In the event of a conflict between:
- 2.2.2 a provision in this Master Technology Schedule and a provision in the Participation Agreement, the provision in this Master Technology Schedule shall control.
- 2.3 The foregoing order of priority shall be applied only after construing the applicable provisions to avoid any such conflict and/or to minimize the extent of such conflict.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the Master Technology Schedule takes precedence over the Participation Agreement in the event of a conflict. Specifically, if there is a contradiction between a provision in the Master Technology Schedule and a provision in the Participation Agreement, the provision outlined in the Master Technology Schedule will govern the relationship between Even Hotels and its franchisees.
This order of priority is applied only after the provisions are construed to avoid or minimize any conflict. This means that Even Hotels will first attempt to interpret the agreements in a way that eliminates the conflict or reduces its impact before defaulting to the Master Technology Schedule.
For a prospective Even Hotels franchisee, this means that the terms within the Master Technology Schedule are critically important. Franchisees should carefully review this schedule to understand their obligations and rights related to technology, as these terms will generally supersede those in the Participation Agreement if a conflict arises. This prioritization aims to provide clarity and consistency in how technology-related aspects of the franchise are managed.