factual

Under the Even Hotels agreement, what beverages are specifically excluded from the definition of 'Beverage'?

Even_Hotels Franchise · 2025 FDD

Answer from 2025 FDD Document

This definition applies without regard to the beverage's labeling or marketing.

For the avoidance of doubt, "flavor enhancers", "liquid water enhancers", brands and products of Beverage making systems (e.g., Soda Stream®) and non-alcoholic beverages sold as "shots" or "supplements" are considered Beverages.

However, this definition does not include fresh-brewed coffee, fresh-brewed tea products, hot chocolate or hot cocoa, or water.

Nothing in this definition is intended to limit or expand what a Hotel must serve under the Availability section of any of Exhibits A-1 through and including A-3.

Source: Item 23 — RECEIPTS (FDD pages 99–438)

What This Means (2025 FDD)

According to the 2025 FDD, the definition of 'Beverage' within the Even Hotels agreement has some specific exclusions. While 'Beverage' broadly includes all non-alcoholic drinks, regardless of whether they contain nutritive, food, or dairy ingredients, or are in frozen form, some exceptions apply. This definition is applied without considering the beverage's labeling or marketing. Certain items are explicitly considered beverages, such as 'flavor enhancers,' 'liquid water enhancers,' products of beverage-making systems like Soda Stream, and non-alcoholic beverages sold as 'shots' or 'supplements.'

However, the definition of 'Beverage' specifically excludes certain common hot drinks and plain water. The exclusions are fresh-brewed coffee, fresh-brewed tea products, hot chocolate or hot cocoa, and plain water. This means that Even Hotels franchisees are not obligated to purchase these specific items from the Coca-Cola Company or its bottlers under the terms of the agreement. They can source these products from other suppliers if they choose.

It is important to note that this exclusion does not limit or expand what a Hotel must serve under the Availability section of Exhibits A-1 through A-3. This means that while Even Hotels franchisees have flexibility in sourcing these excluded beverages, they must still meet the brand standards and availability requirements outlined in those exhibits. Franchisees should carefully review these exhibits to understand their obligations regarding beverage offerings.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.