Which sections of the Even Hotels Hotel 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 Even Hotels' 2025 Franchise Disclosure Document, several sections of the Hotel Agreement will survive termination or expiration. Specifically, the provisions contained in the agreement that, by their context, are intended to survive termination or expiration will do so.
The sections that survive include Section 4.0, which pertains to Confidential Information; Section 5.0, which covers Data, Privacy, and Security; Section 6.0, which addresses Intellectual Property; Section 7.0, which concerns the Disclaimer of Warranties; Section 9.0, which deals with Indemnification; Section 10.0, which relates to Damages; and Section 11.0, which encompasses Miscellaneous Provisions.
This means that even after the Hotel Agreement ends, the franchisee's obligations and the franchisor's rights related to these specific areas will continue. For example, the franchisee must continue to protect confidential information, respect intellectual property rights, and adhere to data privacy and security protocols. Similarly, the indemnification and damages clauses will remain in effect, potentially holding the franchisee liable for certain actions or events that occurred during the term of the agreement. A prospective franchisee should carefully review these sections to understand their ongoing responsibilities and potential liabilities even after the franchise relationship concludes.