Regarding Curated Solutions for Even Hotels, does IHG offer any warranties on the services provided?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Disclaimer. IHG is not the licensor or provider of any of the Curated Solutions made available to Licensee hereunder and offers no warranties on any Services. In agreeing to the Supplemental Terms or Participation Agreement (as applicable), Licensee is relying solely on the Service Provider's warranties, if any, expressly passed through to Licensee under such Supplemental Terms or Participation Agreement. IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR THE SERVICES, NETWORK CONNECTIVITY, AVAILABILITY, SOFTWARE, HARDWARE, OR SYSTEMS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY PASS-THROUGH WARRANTY MADE BY A SERVICE PROVIDER OF SERVICES, ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS MADE AVAILABLE BY A SERVICE PROVIDER OF SERVICES, ARE PROVIDED "AS IS" AND "WHERE IS".
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels's 2025 Franchise Disclosure Document, IHG does not provide warranties for the Curated Solutions offered to franchisees. Instead, Even Hotels franchisees must rely on the warranties, if any, provided by the Service Providers under the terms of their Supplemental Terms or Participation Agreements. IHG expressly disclaims all warranties, whether expressed or implied, related to the services, network connectivity, availability, software, hardware, or systems, including those related to merchantability, satisfactory quality, and fitness for a particular purpose.
This means that Even Hotels franchisees bear the responsibility of understanding and relying on the warranties provided by the individual third-party service providers for each Curated Solution they adopt. It is crucial for franchisees to carefully review the Supplemental Terms and Participation Agreements to understand the scope and limitations of any warranties offered by these providers. This includes understanding what is covered, the duration of the warranty, and the process for making a claim.
For a prospective Even Hotels franchisee, this disclaimer highlights the importance of due diligence when selecting and implementing Curated Solutions. Franchisees should evaluate the reputation and warranty offerings of the various service providers before entering into any agreements. Additionally, franchisees should factor in the potential costs and risks associated with service interruptions or defects that may not be covered by the Service Provider's warranty. This also applies to Proof of Concept Projects where IHG expressly disclaims all warranties, expressed or implied, for the Proof of Concept Projects or for merchantability, satisfactory quality, and fitness for a particular purpose, and that the Proof of Concept Projects are provided "AS IS" and "WHERE IS".