Can an Even Hotels franchisee use the Services, Software, or Intellectual Property as a standalone program?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
and IHG that are made available to Hotel from time to time.
- 2.4 Restrictions on Use.
Except as expressly permitted by this Agreement, Hotel shall not, and shall not permit any third party to: (a) transmit the PMS Solution to any third party or third party network, or permit any third party to access or use the PM
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 FDD, Even Hotels franchisees are restricted in how they can use the provided Property Management System (PMS) and other related services. The franchisee receives a limited, non-exclusive right to remotely access and use the PMS solely for internal business purposes, subject to the agreement's terms. This indicates that the PMS and other software solutions are intended to be used as an integrated part of the Even Hotels system, not as standalone programs.
The FDD specifies that franchisees cannot transmit the PMS solution to any third party or allow third-party access or use, further emphasizing the restriction against using the software independently. The franchisee is responsible for ensuring their personnel are trained on the PMS, that they enter information accurately, and that they report any software errors to both HotelKey and IHG. This highlights the importance of maintaining the integrity and security of the system as a whole.
Additionally, franchisees must take steps to inform the public that IHG (the parent company) is not the owner or operator of the hotel and is not accountable for what happens at the hotel. They are restricted from using IHG's name, trademarks, or intellectual property in their corporate name or domain names without prior written approval. This reinforces that the intellectual property and services provided are part of the overall Even Hotels brand system and are not to be used independently or in a way that could imply IHG's direct involvement in the hotel's operations beyond the franchise agreement.