Under what conditions can the Sonesta Select Sonesta Essential Franchise Agreement be modified?
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 the 2025 Sonesta Select Sonesta Essential Franchise Disclosure Document, the Franchise Agreement can only be modified or amended if both parties agree to it in writing. Specifically, any term within the agreement can only be waived or discharged through a written document that is signed by the party against whom the amendment, modification, waiver, or discharge is to be enforced.
This requirement for written modification is a standard practice in franchising. It ensures that all changes to the original agreement are clearly documented and agreed upon by both Sonesta Select Sonesta Essential and the franchisee, preventing potential disputes or misunderstandings down the line. Oral agreements or informal understandings are not sufficient to alter the terms of the franchise agreement.
For a prospective Sonesta Select Sonesta Essential franchisee, this means that any desired changes to the Franchise Agreement, whether it be related to operational standards, payment terms, or any other aspect of the franchise relationship, must be formally documented in writing and signed by both the franchisee and Sonesta Select Sonesta Essential to be valid and enforceable. This protects both parties by providing a clear record of any agreed-upon changes to the original contract.