Are there any exceptions to the copyright protections claimed by Holiday for Even Hotels?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary set forth in the above License Agreement ("License"), the following provisions shall supersede and apply to each License for an Even Hotel issued in the State of Washington:
If any of the provisions in the franchise disclosure document or license agreement are inconsistent with the relationship provisions of RCW 19.100.180 or other requirements of the Washington Franchise Investment Protection Act, the provisions of the Act will prevail over the inconsistent provisions of the franchise disclosure document and license agreement with regard to any license sold in Washington.
Nothing in the License shall prevent the licensee from bringing an action in Washington courts to the extent that such actions are provided for under the Washington Franchise Investment Protection Act.
A release or waiver of rights executed by a Franchisee will not include rights under the Washington Franchise Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the license agreement is in effect and where the parties are represented by independent counsel.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 85)
What This Means (2025 FDD)
According to the 2025 FDD, Holiday, the parent company of Even Hotels, protects its brand standards with copyright laws. However, the FDD stipulates an exception related to franchise agreements issued in Washington state.
Specifically, for Even Hotels franchises in Washington, the Washington Franchise Investment Protection Act supersedes any conflicting provisions in the franchise disclosure document or license agreement. This means that if any part of the Even Hotels franchise agreement clashes with the state's franchise laws, the state law takes precedence.
This protection extends to allowing franchisees in Washington to bring actions in Washington courts under the Franchise Investment Protection Act, regardless of what the standard Even Hotels license agreement might say. Furthermore, any release or waiver of rights by a franchisee does not include rights under the Washington Franchise Protection Act unless it's part of a negotiated settlement with independent counsel after the agreement is in effect.
In essence, while Even Hotels generally enforces its brand standards and protects them via copyright, franchisees in Washington state receive additional protections under state law that can override certain aspects of the standard franchise agreement.