In what court can Sonesta Select Sonesta Essential seek injunctive relief?
Sonesta_Select_Sonesta_Essential Franchise · 2025 FDDAnswer from 2025 FDD Document
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- INJUNCTIVE RELIEF. Section 17.J of the Franchise Agreement is deleted and replaced with the following:
- J. Injunctive Relief. Nothing in this Agreement, including the provisions of Section 17.F, bars our right to seek specific performance of the provisions of this Agreement and injunctive relief against threatened or actual conduct that will cause us, the Marks and/or the Franchise System loss or damage, under customary equity rules, including applicable rules for obtaining restraining orders and temporary or preliminary injunctions (subject to our obligation to arbitrate the underlying claim if required by Section 17.F). You agree that we may seek such injunctive relief in addition to such further or other relief as may be available at law or in equity. You agree that your only remedy if an injunction is entered against you will be the dissolution of that injunction, if warranted, upon due hearing (all claims for damages by injunction being expressly waived hereby).
Source: Item 17 — **RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 70–75)
What This Means (2025 FDD)
According to the 2025 FDD, Sonesta Select Sonesta Essential has the right to seek specific performance of the provisions outlined in the Franchise Agreement, as well as injunctive relief against any actions that threaten to cause loss or damage to Sonesta Select Sonesta Essential, its Marks, or the Franchise System. This right is governed by customary equity rules, including those applicable to obtaining restraining orders and temporary or preliminary injunctions.
The FDD specifies that Sonesta Select Sonesta Essential can seek injunctive relief in addition to any other remedies available under law or equity. However, this is subject to their obligation to arbitrate the underlying claim if required by Section 17.F of the agreement.
The franchisee's sole recourse if an injunction is issued against them is to pursue the dissolution of that injunction, if warranted, following a due hearing. The franchisee expressly waives any claims for damages resulting from the injunction.