Under what circumstances can the Even Hotels agreement be terminated before its scheduled expiration date?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
1.1 This Agreement may be terminated before the scheduled expiration date only in the following circumstances: (i) either party may terminate the Agreement if the other party fails to comply with a material term or condition of the Agreement and does not remedy the failure within 60 days after receiving written notice specifying the non-compliance; (ii) Company may terminate the Agreement if at any time during the Term the beverage marketing agreement between Company and Six Continents Hotels, Inc. is terminated.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 FDD, the Even Hotels agreement can be terminated before its scheduled expiration date under specific circumstances. Either party has the right to terminate the agreement if the other party fails to comply with a material term or condition, provided that the failure is not remedied within 60 days after receiving written notice specifying the non-compliance. Additionally, Even Hotels (referred to as 'Company' in the quote) may terminate the agreement if the beverage marketing agreement between the Company and Six Continents Hotels, Inc. is terminated at any point during the term of the agreement.
These termination conditions are important for a prospective Even Hotels franchisee to understand, as they outline the circumstances under which the franchise agreement can be prematurely ended. The 60-day cure period for non-compliance provides an opportunity to rectify any issues, but failure to do so can result in termination. The clause regarding the beverage marketing agreement highlights a potential dependency on external agreements, which could impact the franchise agreement's stability.
It is fairly standard in the franchise industry to include clauses that allow for termination due to a breach of contract or failure to meet certain standards. However, the specific terms and conditions can vary significantly between different franchise systems. Franchisees should carefully review the termination clauses in the franchise agreement and seek legal counsel to fully understand their rights and obligations. Understanding these conditions is crucial for assessing the risks and benefits associated with investing in an Even Hotels franchise.