Who is responsible for the adequacy of the terms in the confidentiality agreements for Sonesta Select Sonesta Essential?

According to the 2025 Franchise Disclosure Document, Sonesta Select Sonesta Essential holds the franchisee solely responsible for obtaining professional advice regarding the adequacy of confidentiality agreements. Specifically, this applies to agreements that the franchisee requires their employees, agents, and independent contractors to sign.

Sonesta Select Sonesta Essential retains the right to regulate the form of non-disclosure agreements used by the franchisee and can be a third-party beneficiary with independent enforcement rights. However, the document explicitly states that any non-disclosure agreement Sonesta Select Sonesta Essential requires, provides, or regulates may or may not be enforceable in a particular jurisdiction.

This means that while Sonesta Select Sonesta Essential may provide templates or guidelines for these agreements, it is the franchisee's responsibility to ensure these agreements are legally sound and enforceable in their specific location. The franchisee must seek independent legal counsel to review and approve these agreements to protect their business interests and comply with local laws.