Under what circumstances can Sonesta Select Sonesta Essential seek injunctive relief in any court?
Sonesta_Select_Sonesta_Essential Franchise · 2025 FDDAnswer from 2025 FDD Document
J. Injunctive Relief. Nothing in this Agreement, including the provisions of Section 17.F, bars our right to obtain specific performance of the provisions of this Agreement and injunctive relief against any threatened or actual conduct that will cause us, the Marks or the Franchise System loss or damage, under customary equity rules, including applicable rules for obtaining restraining orders and temporary or preliminary injunctions.
You agree that we may seek such relief from any court of competent jurisdiction in addition to such further or other relief as may be available to us at law or in equity.
You agree that we will not be required to post a bond to obtain injunctive relief and that your only remedy if an injunction is entered against you will be the dissolution of that injunction, if warranted, upon due hearing, and you hereby expressly waive any claim for damages caused by such injunction.
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 company retains the right to seek injunctive relief in any court of competent jurisdiction under certain circumstances. Specifically, Sonesta Select Sonesta Essential can pursue injunctive relief against any threatened or actual conduct by a franchisee that could cause loss or damage to Sonesta Select Sonesta Essential, the Marks associated with the franchise, or the Franchise System itself. This right is not barred by any other provision in the agreement, including those related to dispute resolution.
This means that Sonesta Select Sonesta Essential can take legal action to stop a franchisee from engaging in activities that could harm the brand, such as misuse of trademarks, violation of brand standards, or actions that negatively impact the reputation of the franchise system. The injunctive relief can include restraining orders and temporary or preliminary injunctions, which are legal measures designed to prevent further damage while a case is being decided.
Furthermore, the franchisee agrees that Sonesta Select Sonesta Essential is not required to post a bond to obtain injunctive relief. The franchisee's sole remedy, if an injunction is issued against them, is to seek the dissolution of the injunction if warranted after a hearing. The franchisee also waives any claim for damages caused by such an injunction. This clause is significant as it limits the franchisee's recourse in the event of an injunction, potentially placing them in a vulnerable position if they believe the injunction was wrongly issued.
This section of the Franchise Agreement outlines Sonesta Select Sonesta Essential's ability to protect its brand and franchise system through immediate legal action, highlighting the importance of adhering to the franchise agreement and brand standards to avoid potential legal disputes and injunctive relief.