Can Sonesta Select Sonesta Essential modify the Franchise Agreement without a written agreement?
Sonesta_Select_Sonesta_Essential Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Miscellaneous Provisions. This Agreement may not be modified or amended or any term hereof waived or discharged except in writing signed by the party against whom such amendment, modification, waiver or discharge is sought to be enforced. The headings of this Agreement are for convenience and reference only and will not limit or otherwise affect the meaning hereof. This Agreement may be executed in any number of counterparts and sent via email, each of which will be deemed an original but all of which taken together will constitute one and the same instrument.
Source: Item 17 — **RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 70–75)
What This Means (2025 FDD)
According to Sonesta Select Sonesta Essential's 2025 Franchise Disclosure Document, the Franchise Agreement contains specific stipulations regarding modifications. The agreement explicitly states that it cannot be altered, amended, waived, or discharged unless it is done so in writing. This written modification must also be signed by the party against whom the enforcement of the amendment, modification, waiver, or discharge is being sought.
This clause protects both Sonesta Select Sonesta Essential and the franchisee by ensuring that any changes to the original agreement are formally documented and agreed upon by all parties involved. This requirement for a written and signed modification prevents misunderstandings or disputes that could arise from verbal agreements or informal communications. It provides a clear and legally binding record of any changes to the terms of the franchise relationship.
For a prospective Sonesta Select Sonesta Essential franchisee, this means that any promises or representations made by the franchisor that are not included in the written Franchise Agreement or a subsequent written amendment are not enforceable. It is crucial for franchisees to ensure that all agreed-upon terms, conditions, or waivers are documented in writing and signed by an authorized representative of Sonesta Select Sonesta Essential to avoid potential future conflicts. This provision is fairly standard in franchise agreements to ensure clarity and legal enforceability of the contract terms.