For Even Hotels, what warranties is a licensee relying on when agreeing to the Supplemental Terms or Participation Agreement for Curated Solutions?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
Disclaimer. IHG is not the licensor or provider of any of the Curated Solutions made available to Licensee hereunder and offers no warranties on any Services. In agreeing to the Supplemental Terms or Participation Agreement (as applicable), Licensee is relying solely on the Service Provider's warranties, if any, expressly passed through to Licensee under such Supplemental Terms or Participation Agreement. IHG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR THE SERVICES, NETWORK CONNECTIVITY, AVAILABILITY, SOFTWARE, HARDWARE, OR SYSTEMS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR ANY PASS-THROUGH WARRANTY MADE BY A SERVICE PROVIDER OF SERVICES, ALL SERVICES, AND ALL SUPPORT MATERIALS AND OTHER DATA, SOFTWARE OR OTHER ITEMS MADE AVAILABLE BY A SERVICE PROVIDER OF SERVICES, ARE PROVIDED "AS IS" AND "WHERE IS".
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, when a licensee agrees to the Supplemental Terms or Participation Agreement for Curated Solutions, they are relying solely on the warranties provided by the Service Provider, if any, that are expressly passed through to the licensee under those agreements. IHG itself offers no warranties on any services included in the Curated Solutions. This means Even Hotels franchisees must carefully review the terms and conditions of the Service Provider to understand what, if any, warranties are in place.
IHG expressly disclaims all warranties, whether expressed or implied, related to the services, network connectivity, availability, software, hardware, or systems. This disclaimer extends to warranties of merchantability, satisfactory quality, and fitness for a particular purpose. The services and all support materials are provided "AS IS" and "WHERE IS," except for any pass-through warranty made by a service provider.
This arrangement places the responsibility for the quality and performance of the Curated Solutions on the Service Providers rather than IHG. Therefore, it is crucial for prospective Even Hotels franchisees to conduct thorough due diligence on the Service Providers and their warranty offerings before entering into any agreements. Understanding the scope and limitations of these warranties is essential for protecting the franchisee's investment and managing potential risks associated with the Curated Solutions.