factual

What are the exceptions to AutoClerk's indemnification obligations to Surestay Hotel By Best Western franchisees?

Surestay_Hotel_By_Best_Western Franchise · 2025 FDD

Answer from 2025 FDD Document

The foregoing obligation does not apply to the extent that an Action or Loss arises from or is related to: (i) access to or use of the Service in combination with any hardware, system, network, or other service not provided or authoriz

Source: Item 23 — Receipts (FDD pages 88–286)

What This Means (2025 FDD)

According to the 2025 Surestay Hotel By Best Western Franchise Disclosure Document, AutoClerk's indemnification obligations do not apply if an action or loss arises from specific circumstances. Namely, if the action or loss is related to (i) access to or use of the Service in combination with any hardware, system, network, or other service not provided or authorized by AutoClerk.

In simpler terms, Surestay Hotel By Best Western franchisees cannot seek indemnification from AutoClerk if the issue stems from using the service (likely AutoClerk's property management system) in conjunction with unauthorized or non-provided hardware, systems, networks, or other services. This means franchisees must use the AutoClerk service as intended and with approved integrations to be eligible for indemnification.

This condition protects AutoClerk from liabilities arising from franchisees' modifications or unauthorized integrations with other systems. For a prospective Surestay Hotel By Best Western franchisee, this highlights the importance of adhering to approved technology configurations and seeking authorization before integrating any third-party services with AutoClerk's system. Failure to do so could void AutoClerk's indemnification obligations, leaving the franchisee solely responsible for any resulting issues or losses.

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.