Which sections of the Even Hotels agreement survive termination or expiration?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.8 Survival.The provisions contained in this Agreement that by their context are intended to survive termination or expiration will survive, including Sections 4.0 (Confidential Information); 5.0 (Data, Privacy, and Security); 6.0 (Intellectual Property); 7.0 (Disclaimer of Warranties); 9.0 (Indemnification); 10.0 (Damages); and 11.0 (Miscellaneous Provisions).
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 Even Hotels Franchise Disclosure Document, several sections of the agreement survive termination or expiration. These include sections addressing confidential information, data privacy and security, intellectual property, disclaimers of warranties, indemnification, damages, and miscellaneous provisions. Specifically, Sections 4.0, 5.0, 6.0, 7.0, 9.0, 10.0, and 11.0 are designed to remain in effect even after the agreement ends.
This means that Even Hotels franchisees must continue to uphold certain obligations even after their franchise agreement concludes. For example, the franchisee must maintain the confidentiality of proprietary information, adhere to data privacy and security protocols, and respect Even Hotels' intellectual property rights. Additionally, the franchisee may still be subject to indemnification and damage claims related to their actions during the term of the agreement.
The survival of these clauses is a fairly standard practice in franchising, intended to protect the franchisor's brand, trade secrets, and legal interests beyond the active franchise relationship. Prospective franchisees should carefully review these sections to understand the scope of their ongoing responsibilities and potential liabilities after the franchise agreement terminates or expires. Understanding these long-term obligations is crucial for making an informed decision about investing in an Even Hotels franchise.
It is important for potential Even Hotels franchisees to seek legal counsel to fully understand the implications of these surviving clauses and how they might affect their future business activities. This will help ensure they are prepared for the responsibilities that extend beyond the formal franchise term.