Can a Sonesta Select Sonesta Essential franchisee use the Marks in any Online Presence?
Sonesta_Select_Sonesta_Essential Franchise · 2025 FDDAnswer from 2025 FDD Document
gation under this Agreement or the Brand Standards, then we may, in addition to our other remedies, temporarily remove your Hotel information from the Franchise System Website until you fully cure the default. We will permanently remove your Hotel information from the Franchise System Website upon this Agreement's expiration or termination.
C. Online Presences. You may not register, own, maintain or use any Online Presences relating to the Brand Hotels, Network Hotels, or that includes the Network Marks, except as approved in advance by us. As a general rule, we do not permit franchisees to maintain vanity or other independent Online Presences for Brand Hotels. You may not list the details or contact information of your Hotel on any vanity or other independent websites or other Online Presence, including any OTAs, without our prior written approval. You must establish any Online Presence that we may require, and only establish any other Online Presence that we authorize. All use of Online Presences must be in accordance with the Brand Standards and our other guidelines, including the implementation and maintenance of and compliance with privacy policies, as applicable. Given the changing nature of this technology, we have the right to withhold our approval, and to withdraw any prior approval, and to modify our requirements, at our sole discretion. You acknowledge and agree that the restrictions on your use of the Marks will survive the expiration or earlier termination of this Agreement.
You acknowledge that you may not, without a legal license or other legal right, post on your Online Presences any material in which any third party has any direct or indirect ownership interest (including video clips, photographs, sound bites, copyrighted text, trademarks or service marks, or any other text or image in which any third party may claim intellectual property ownership interests). You also agree to incorporate on your Online Presence any other information we require in the manner we deem necessary to protect the Marks.
You must adhere to our Online Presences guidelines and procedures, which include but are not limited to appropriate content, relevance, behavior related to communications, frequency and responsiveness to communications, etiquette, naming conventions, use of the Marks, and posting messages or commentary on third-party websites. We must approve your Online Presences and they shall be linked to any Online Presences related to the Marks or Network Hotels we designate. We have the right to require you to remove your Online Presences if you fail to comply with our guidelines and procedures, as they may change from time to time.
We will own the rights to each Online Presence. At our request, at any time, you agree to grant us access to each such Online Presence, and to take whatever action (including signing assignment or other documents) we request to evidence our ownership of such Online Presence, or to help us obtain exclusive administrative rights in such Online Presence.
Source: Item 22 — CONTRACTS (FDD page 84)
What This Means (2025 FDD)
According to Sonesta Select Sonesta Essential's 2025 Franchise Disclosure Document, franchisees are generally restricted from using the brand's marks in online presences without prior approval. Sonesta Select Sonesta Essential maintains final approval rights over all information on the Franchise System Website and may update or modify it periodically.
Specifically, franchisees may not register, own, maintain, or use any online presences relating to Brand Hotels or Network Hotels, or that includes the Network Marks, unless approved in advance by Sonesta Select Sonesta Essential. As a general rule, Sonesta Select Sonesta Essential does not permit franchisees to maintain vanity or other independent online presences for Brand Hotels. Franchisees also cannot list their hotel's details or contact information on any independent websites or online presences, including Online Travel Agencies (OTAs), without prior written approval.
Any online presence that Sonesta Select Sonesta Essential requires or authorizes must adhere to brand standards and guidelines, including privacy policies. Sonesta Select Sonesta Essential retains the right to withhold or withdraw approval and modify requirements at its sole discretion, given the evolving nature of technology. The restrictions on the use of the Marks survive the expiration or earlier termination of the Franchise Agreement.
Sonesta Select Sonesta Essential owns the rights to each online presence, and franchisees must grant access and take necessary actions to evidence this ownership. Upon expiration or termination of the agreement, franchisees must assign all rights and control of any domain name listings and registrations or other online presence referencing the Marks, Brand Hotels, or Network Hotels to Sonesta Select Sonesta Essential. Franchisees also agree to remove all references to the Marks, Brand Hotels, or Network Hotels from any other online presence they own or operate beyond the agreement's term. Franchisees are responsible for all liabilities and obligations arising from any such online presence prior to the transfer or assignment to Sonesta Select Sonesta Essential.