Can the Hotel or HotelKey assign or transfer the Even Hotels agreement or any rights under it?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.1 Assignment.
Neither this Agreement nor any right or interest under this Agreement is assignable or transferable by Hotel or HotelKey.
IHG and its assignees shall have the right to assign or transfer this Agreement or any of the rights, duties, or obligations of IHG under this Agreement, in whole or in part, to any person or legal entity without requirement of prior notice to, or consent of, Hotel or HotelKey.
This Agreement shall be binding on the Parties and their respective successors and permitted assigns.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, the franchise agreement or any rights within it are not assignable or transferable by the Hotel (franchisee) or HotelKey. However, IHG (InterContinental Hotels Group) and its assignees retain the right to assign or transfer the agreement, or any of its rights, duties, or obligations, in whole or in part, to any person or legal entity without needing prior notice or consent from the Hotel or HotelKey. This agreement is binding on all parties involved and their respective successors and permitted assigns.
This means that as a prospective Even Hotels franchisee, you cannot transfer your franchise agreement to another party. This restriction is fairly common in franchising, as franchisors want to carefully control who operates their branded locations. However, IHG, as the parent company, maintains the flexibility to transfer the agreement to another entity without your consent.
This clause protects IHG's strategic options, such as selling the Even Hotels brand to another company. While this might seem unfavorable to the franchisee, it's a standard business practice that allows the franchisor to adapt to changing market conditions. Franchisees should be aware of this clause and consider its potential implications for the long-term stability of their investment. If IHG assigns the agreement, the new entity would assume the franchisor's responsibilities and rights under the agreement.