What responsibilities do Even Hotels licensees have regarding testing Curated Solutions in their environment before use?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.1.1 Hotel Responsibilities. Hotel will, and will cause the Hotel Agents to: (a) test the Next-Gen Payments Solution in the environment of Hotel before use; (b) ensure that the personnel of Hotel are using the Next-Gen Payments Solution correctly; (c) enter information into the Next-Gen Payments Solution accurately and completely; and (d) report any actual or suspected software errors or failures discovered in the course of using the Next-Gen Payments Solution to IHG.
- 7.2 Disclaimer. IHG is not the licensor or provider of any third party solutions made available to Hotel under this Agreement and offers no warranties on the third party solutions. In agreeing to the Third Party Terms, Hotel is relying solely on the warranties of the Third Party Providers, if any, expressly passed through to Hotel under the Third Party Terms. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 7.0, IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NETWORK CONNECTIVITY, AVAILABILITY, SOFTWARE, HARDWARE, SYSTEMS, OR TRANSACTION PROCESSING OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY PASS-THROUGH WARRANTY MADE BY A THIRD PARTY PROVIDER OF SERVICES, ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS ARE PROVIDED "AS IS" AND "WHERE IS".
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, if the Curated Solution is the Next-Gen Payments Solution, the Hotel is responsible for testing it in their environment before use. They must also ensure their personnel use the solution correctly and enter information accurately. Any software errors or failures discovered must be reported to IHG. IHG offers no warranties on third-party solutions, and the Hotel relies solely on the warranties of the Third-Party Providers. IHG disclaims all warranties, expressed or implied, for network connectivity, software, hardware, systems, or transaction processing. All services are provided "AS IS" and "WHERE IS".
This means that Even Hotels franchisees must take an active role in ensuring that new technology, specifically the Next-Gen Payments Solution, functions correctly within their hotel's specific environment. This includes not only testing the software itself but also ensuring that staff are properly trained and capable of using it effectively. The franchisee bears the responsibility for accurate data entry and reporting any issues that arise during the testing or implementation phase.
This requirement highlights the importance of due diligence and proactive management on the part of the franchisee. By placing the onus of testing and initial troubleshooting on the franchisee, Even Hotels aims to ensure that new technologies are properly integrated and any potential problems are identified and addressed quickly. This approach can minimize disruptions to hotel operations and enhance the overall guest experience. However, franchisees should be aware that they are assuming responsibility for the functionality of the Next-Gen Payments Solution in their specific environment and should allocate sufficient resources for testing, training, and ongoing support.