Under what conditions can IHG immediately terminate the Even Hotels Participation Agreement?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
ual or suspected software errors or failures discovered in the course of using the Next-Gen Payments Solution to IHG.
- 7.2 Disclaimer. IHG is not the licensor or provider of any third party solutions made available to Hotel under this Agreement and offers no warranties on the third party solutions. In agreeing to the Third Party Terms, Hotel is relying solely on the warranties of the Third Party Providers, if any, expressly passed through to Hotel under the Third Party Terms. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 7.0, IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NETWORK CONNECTIVITY, AVAILABILITY, SOFTWARE, HARDWARE, SYSTEMS, OR TRANSACTION PROCESSING OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY PASS-THROUGH WARRANTY MADE BY A THIRD PARTY PROVIDER OF SERVICES, ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS ARE PROVIDED "AS IS" AND "WHERE IS".
8.0 TERMINATION.
- 8.1 Termination for Cause. If Hotel defaults in the performance of any of its obligations under this Agreement and does not cure such default within twenty (20) days after receipt of a written notice of default from IHG, then IHG may terminate this Agreement, in whole or in part, as of the termination date specified in such written notice. If Hotel breaches the Hotel Agreement, and fails to cure such default within ten (10) days after receipt of a notice of default from IHG or an IHG Affiliate, then IHG may terminate this Agreement, in whole or in part, immediately upon written notice to Hotel as of the termination date specified in the notice, without any cure period.
- 8.2 Termination or Expiration of the Hotel Agreement.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to the 2025 FDD, IHG (InterContinental Hotels Group) has the right to immediately terminate the Even Hotels Participation Agreement under specific circumstances. IHG can terminate the agreement immediately if the Hotel breaches the Hotel Agreement and fails to resolve the issue within ten days after receiving a notice of default from IHG or an IHG Affiliate.
Additionally, IHG can immediately terminate the Participation Agreement if a Hotel Bankruptcy Event occurs. This provision protects IHG in cases where the hotel's financial stability is severely compromised.
Furthermore, if IHG's agreement with HotelKey regarding the PMS (Property Management System) Solution terminates or expires, IHG has the option to terminate the Participation Agreement immediately with written notice to the Hotel. However, IHG can also choose to migrate the Hotel to an alternative solution. If the Hotel rejects the alternative solution within thirty days of receiving notice, the agreement may be terminated.