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Sonesta_Select_Sonesta_Essential Franchise · 2025 FDD

Answer from 2025 FDD Document

FOR VALUE RECEIVED, Franchisee hereby assigns to Franchisor all websites, domain names, homepages, e-mail addresses, social media accounts, usernames, other online presence or presence on any electronic, virtual, or digital medium of any kind (each an "Online Presence") associated with Franchisor's trademarks and service marks and used from time to time in connection with the operation of the Franchised Business at the address provided above. This Assignment is for collateral purposes only and, except as specified herein, Franchisor shall have no liability or obligation of any kind whatsoever arising from or in connection with this Assignment, unless Franchisor shall notify the companies managing the Online Presences (the "Service Providers") and Franchisee's Internet service provider ("ISP") to effectuate the assignment pursuant to the terms hereof.

Upon termination or expiration of the Franchise Agreement (without extension), Franchisor shall have the right and is hereby empowered to effectuate the assignment of the Online Presences. In such event, Franchisee shall have no further right, title, or interest in the Online Presences, and shall remain liable to the Service Providers and the ISP for all past due fees owing to the Service Providers and the ISP on or before the effective date of the assignment hereunder.

Franchisee agrees and acknowledges that as between Franchisor and Franchisee, upon termination or expiration of the Franchise Agreement, Franchisor shall have the sole right to and interest in the Online Presences, and Franchisee irrevocably appoints Franchisor as Franchisee's true and lawful attorney-in-fact, which appointment is coupled with an interest, to direct the Service Providers and the ISP to assign same to Franchisor, and execute such documents and take such actions as may be necessary to effectuate the assignment. Upon such event, Franchisee shall immediately notify the Service Providers and the ISP to assign the Online Presences to Franchisor. If Franchisee fails to promptly direct the Service Providers and the ISP to assign the Online Presences to Franchisor, Franchisor shall direct the Service Providers and the ISP to effectuate the assignment contemplated hereunder to Franchisor. The parties agree that the Service Providers and the ISP may accept Franchisor's written direction, the Franchise Agreement, or this Assignment as conclusive proof of Franchisor's exclusive rights in and to the Online Presences upon such termination or expiration and that such assignment shall be made automatically and effective immediately upon each Service Provider's and ISP's receipt of such notice from Franchisor or Franchisee. The parties further agree that if the Service Provider or the ISP requires that the parties execute the Service Provider's or the ISP's assignment forms or other documentation at the time of termination or expiration of the Franchise Agreement, Franchisor's execution of such forms or documentation on behalf of Franchisee shall effectuate Franchisee's consent and agreement to the assignment.

What This Means (2025 FDD)

According to the 2025 Sonesta Select Sonesta Essential FDD, franchisees are required to assign all online presences associated with Sonesta Select Sonesta Essential's trademarks and service marks to the franchisor. These online presences include websites, domain names, homepages, email addresses, social media accounts, and usernames used in connection with the franchised business. This assignment serves as collateral, and Sonesta Select Sonesta Essential has no obligations related to this assignment unless they notify the service providers managing the online presences and the franchisee's internet service provider (ISP) to enact the assignment.

Upon the termination or expiration of the franchise agreement, Sonesta Select Sonesta Essential has the right to effectuate the assignment of these online presences. At that point, the franchisee loses all rights, titles, and interests in the online presences but remains responsible for any outstanding fees owed to the service providers and the ISP up to the assignment date.

Sonesta Select Sonesta Essential also has the right to take control of the franchisee's online presence. The franchisee agrees to appoint Sonesta Select Sonesta Essential as their attorney to direct service providers and ISPs to assign the online presences to Sonesta Select Sonesta Essential. If the franchisee does not promptly direct these providers to make the assignment, Sonesta Select Sonesta Essential can directly instruct them. The service providers and ISP can accept written direction from Sonesta Select Sonesta Essential or the franchise agreement as proof of Sonesta Select Sonesta Essential's rights. Sonesta Select Sonesta Essential can execute assignment forms on behalf of the franchisee if required by the service provider or ISP. This ensures a smooth transition of the online presence back to Sonesta Select Sonesta Essential upon termination or expiration of the franchise agreement.

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.