How can the terms and conditions of the Even Hotels Hotel Agreement be amended or modified?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.3 Changes and Modifications.
The terms and conditions of this Agreement may not be amended, waived, or modified, except as set forth in Section 8.3 (Termination or Expiration of IHG-HotelKey Agreement) or as otherwise set forth in a writing signed by the Parties.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 FDD, the terms and conditions of the Even Hotels agreement can only be amended, waived, or modified through a written document signed by all parties involved. This requirement ensures that any changes to the agreement are formally documented and agreed upon by both Even Hotels (the franchisor) and the franchisee, preventing unilateral modifications or misunderstandings. This clause applies generally to the Hotel Agreement, but may be superseded by state-specific amendments. For example, amendments to the Even Hotels License Agreement in California and Maryland are addressed in Exhibits to the FDD.
This provision is typical in franchise agreements, as it protects both the franchisor and franchisee by providing a clear and enforceable process for making changes. It prevents either party from later claiming that an informal agreement or verbal understanding altered the original terms. The written requirement ensures clarity and serves as a record of the agreed-upon modifications.
Prospective Even Hotels franchisees should pay close attention to this clause, understanding that any desired changes to the franchise agreement must be negotiated and formalized in writing. It is crucial to maintain thorough documentation of all agreements and modifications to avoid potential disputes in the future. Franchisees should also be aware of any state-specific laws that may affect the enforceability or interpretation of certain provisions within the agreement, as highlighted in the California and Maryland amendments.