If a franchisee for Even Hotels engages a third party to prepare architectural modifications, is the franchisee required to ensure that the third party assigns all copyrights in such modifications to IHG?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
If Licensee engages a third party, in compliance with the terms of this License to prepare modifications, additions, and/or improvements to any architectural drawings or architectural works which may be licensed to Licensee as part of the Brand System ("Architectural Modifications"), Licensee shall cause such third party (and all persons that work for or that provided services to that third party) to assign all copyrights in such Architectural Modifications to IHG in such form and manner as IHG may specify from time to time.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, if a franchisee hires a third party to create architectural modifications to the Brand System, the franchisee must ensure that the third party assigns all copyrights for these modifications to IHG (InterContinental Hotels Group). This requirement extends not only to the third party itself but also to all individuals working for or providing services to that third party. The assignment must be in a format and manner specified by IHG. This provision allows IHG to maintain control over the brand's architectural and design elements, ensuring consistency across all Even Hotels locations.
This requirement is significant for prospective Even Hotels franchisees because it dictates the terms under which they can make architectural changes to their hotels. While franchisees may have the flexibility to engage third-party architects or designers, they must ensure that these parties are willing to assign all copyrights to IHG. This could potentially limit the franchisee's choice of third-party service providers, as some may be unwilling to relinquish their copyright ownership.
For a potential Even Hotels franchisee, it is crucial to understand the implications of this requirement. It is advisable to discuss this issue with potential third-party architects or designers before engaging their services, ensuring they are aware of and willing to comply with the copyright assignment requirement. Additionally, franchisees should seek clarification from IHG regarding the specific form and manner in which the copyright assignment must be executed to avoid any future disputes or compliance issues.