factual

What exhibits outline the Program Terms and Conditions for an Even Hotels franchise?

Even_Hotels Franchise · 2025 FDD

Answer from 2025 FDD Document

ry 1, 2020, provided this Agreement is signed on or before September 30, 2020; or (ii) if this Agreement is signed after September 30, 2020, the Term Effective Date will be the first day of the month in which this Agreement is signed by Customer. The term of the Agreement will continue from the Term Effective Date until the expiration or earlier termination of the beverage marketing agreement between Company and Six Continents Hotels, Inc. dated January 1, 2020 (the "Term").

4. EXHIBITS

This Agreement also consists of the following:

  • i. Exhibits A-1 through A-4 Program Terms and Conditions
  • ii. Exhibit B Definitions
  • iii. Exhibit C Standard Terms and Conditions
  • iv. Exhibit D Dispensing Equipment Lease
  • v. Exhibit E Additional Terms
THE COCA-COLA COMPANY, acting by and
through its COCA-COLA NORTH AMERICA
GROUP
Signa ture knista l Schulte
Date: December 3, 2020
Title: SVP Strategic Partnership Marketing

HOTEL: FRANCHISEE or MANAGEMENT COMPANY (on behalf of Owner)

Franchisee Legal Business Name Signed by: Signature: Data Date: Title:

EXHIBIT A-1 FOUNTAIN PROGRAM TERMS AND CONDITIONS

1. AVAILABILITY

1.1 Company Fountain Beverages

The Hotels that serve Fountain Beverages will serve a core brand set of Company Fountain Beverages that consists of Coca-Cola®, Diet Coke®, Sprite® and Coke ZeroTM, and the remaining Company Fountain Beverages will be selected by Customer, subject to Company's approval, which shall not be unreasonably withheld. All Fountain Beverages served in the Hotels must be Company Fountain Beverages, except for the Fountain Beverage Permitted Exception. In addition, no Hotel may dedicate any valve on a Dispenser leased from Company to dispense tap water. For the avoidance of doubt, each Hotel shall be able to serve water on one valve per Dispenser through a Subtab Mechanism. Company will use its commercially reasonable efforts to make a line of Company Fountain Syrups that is as broad as possible (based on local geography) available to each Hotel in order to allow Customer to fulfill its obligations under this Agreement.

1.2 Permitted Exception

Hotels in the State of Texas, subject to the Fair Share provisions described in Section 7 of this Exhibit A-1, may serve Dr Pepper®, but only on one valve per Dispenser per Hotel (the "Fountain Beverage Permitted Exception").

2. PRICING

During the Term, each Hotel will have the right to purchase Company Fountain Syrups from Company at Company's thencurrent published chain account prices, which prices are subject to change from time to time.

3. FOUNTAIN BEVERAGE PERFORMANCE CRITERIA

Customer agrees comply with all of the following performance criteria:

  • i. As applicable, include approved renditions of Company brands, trademarks and/or logos on menus and merchandise at point of order at each Hotel.
  • ii. Beginning in calendar year 2021, and each Year of the Term therafter, execute a minimum of two (2) promotional programs featuring Company Fountain Beverages as agreed upon by the parties.
  • iii. Provide regular access to Company Beverage sales data.
  • iv. Perform those additional Company Fountain Beverage marketing activities as directed by IHG.

4 EQUIPMENT PROGRAM

Where permitted by law, Company will lease to Customer without any additional charge during the Term the Dispensers owned by Company as follows: (i) for Hotels existing as of the Agreement Effective Date, the Dispensers that are currently installed, without extending the equipment lease term length of any such currently installed Dispensers, and (ii) for each Hotel that becomes a Hotel during the Term, the Dispensers reasonably necessary to enable such Hotel to dispense a quality Fountain Beverage. With respect to new and/or acquired hotels that become Hotels during the Term, unless otherwise mutually agreed upon by the parties, Dispensers will be placed in such new or acquired Hotel only if such Hotel is forecast to purchase a minimum of 400 gallons of Company's Fountain Syrups per Year.

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

What This Means (2025 FDD)

According to Even Hotels' 2025 Franchise Disclosure Document, Exhibit A-1 outlines the Fountain Program Terms and Conditions, while Exhibit A-3 details the Bottle/Can Program Terms and Conditions. These exhibits define the specific requirements and guidelines that Even Hotels franchisees must follow regarding beverage programs.

Exhibit A-1 covers aspects such as the availability of company fountain beverages, requiring hotels to serve a core brand set including Coca-Cola, Diet Coke, Sprite, and Coke Zero. It also addresses a permitted exception for hotels in Texas, allowing them to serve Dr Pepper on one valve per dispenser, subject to fair share provisions. The exhibit further specifies that franchisees will purchase company fountain syrups at the company's current published chain account prices, which are subject to change.

Exhibit A-3 outlines the terms and conditions for the Bottle/Can program, specifying that each Even Hotels location must offer a core set of bottled and canned beverages, including Coca-Cola, Diet Coke, Sprite, and Coke Zero, subject to availability from the bottler. The exhibit also lists permitted exceptions, allowing hotels to serve certain competitive beverages in bottle/can form, such as Pellegrino bottled water and Fred brand bottled water at Kimpton hotels only, under specific conditions. These conditions include restrictions on PepsiCo products and limitations on the space allocated to competitive beverages in coolers or displays.

These exhibits are crucial for prospective Even Hotels franchisees as they detail the specific requirements and allowances related to beverage offerings, which can impact operational costs, customer satisfaction, and compliance with the franchisor's standards. Understanding these terms and conditions is essential for franchisees to effectively manage their beverage programs and maintain brand consistency.

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.