Does the Hawthorn Suites By Wyndham agreement create any third-party beneficiaries?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
You further agree that our third-party vendor, IDeaS, shall be a third-party beneficiary of this Supplement and you shall be responsible to, and shall indemnify and hold harmless, both us and IDeaS for any liability or damage incurred or arising from or related to use of the RevIQ Products and/or Services by you or your Permitted Users in a manner that violates the RevIQ System Use Restrictions.
Source: Item 22 — CONTRACTS (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Hawthorn Suites By Wyndham Franchise Disclosure Document, the agreement does establish third-party beneficiaries in specific instances.
Specifically, if a Hawthorn Suites By Wyndham franchisee uses the RevIQ system, the third-party vendor, IDeaS, is considered a third-party beneficiary of the supplement agreement related to the RevIQ system. This means that IDeaS has certain rights and protections under the agreement between Hawthorn Suites By Wyndham and the franchisee regarding the use of RevIQ.
The franchisee is responsible for indemnifying and holding harmless both Hawthorn Suites By Wyndham and IDeaS for any liabilities or damages resulting from the franchisee's or its permitted users' violations of the RevIQ System Use Restrictions. This creates a direct obligation of the franchisee to IDeaS, giving IDeaS the ability to directly enforce those provisions against the franchisee.