For Even Hotels, does HotelKey grant the hotel a transferable right to use the PMS Solution?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.2 Right to Use the PMS Solution. During the Term, HotelKey hereby grants Hotel a limited, personal, revocable, nonexclusive, and non-transferable right for Designated Users to remotely access and Use the PMS Solution solely in support of the internal Business Purposes and subject to the terms of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, HotelKey grants Even Hotels a limited right to use the PMS (Property Management System) Solution. Specifically, HotelKey grants Even Hotels a "limited, personal, revocable, nonexclusive, and non-transferable right" to remotely access and use the PMS Solution. This right is solely for designated users and for internal business purposes, and it is subject to the terms of the agreement.
This means that Even Hotels franchisees cannot transfer their right to use the PMS Solution to another party. The right is personal to the franchisee and tied to their specific franchise agreement. This is a fairly standard practice in franchising, as franchisors typically want to maintain control over who is using their proprietary systems and software.
Additionally, Even Hotels is responsible for ensuring its designated users comply with the agreement's terms and restrictions. They cannot allow unauthorized third parties to access or use the PMS Solution. They are also prohibited from actions like copying, selling, sublicensing, or creating derivative works from the PMS Solution. These restrictions are in place to protect HotelKey's intellectual property and maintain the integrity of the system.
Even Hotels must also ensure that their personnel complete training on the PMS Solution, enter information accurately, and report any software errors to HotelKey and IHG. They must comply with all applicable laws and the policies of HotelKey and IHG. These responsibilities highlight the importance of proper training and adherence to guidelines to ensure the effective and secure use of the PMS Solution.