According to the Sonesta Simply Suites agreement, can a waiver be revoked?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of 10 days' prior written notice. We and you will not waive or impair any right, power, or option this Agreement reserves (including our right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before its term expires) because of any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including any Brand Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Brand Hotels; the existence of franchise agreements for other Brand Hotels which contain provisions different from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, which then will have no effect.
The following provision applies if you or the franchise granted hereby are subject to the franchise registration or disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin: No statement, questionnaire, or acknowledgment signed or agreed to by you in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any of us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites's 2025 Franchise Disclosure Document, both Sonesta Simply Suites and the franchisee have the right to issue waivers regarding obligations or restrictions under the franchise agreement. These waivers must be documented in writing.
Any waiver granted by either party is subject to ongoing review and can be revoked. To revoke a waiver, the revoking party must provide 10 days' prior written notice to the other party. This revocation can be made at any time and for any reason, providing flexibility for Sonesta Simply Suites and its franchisees to adapt to changing circumstances or to correct unintended consequences of a waiver.
The franchise agreement specifies that neither Sonesta Simply Suites nor the franchisee will waive any right, power, or option reserved in the agreement due to custom, practice, failure to exercise a right, waivers with other Brand Hotels, differing franchise agreements, or acceptance of payments after a breach. This ensures that the core terms of the agreement remain enforceable despite any leniency shown or variations in practice. Additionally, any special or restrictive legends on checks or similar items will not be considered a waiver, compromise, or settlement, and Sonesta Simply Suites is authorized to remove such legends.
For franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, the agreement includes a provision that protects their rights under applicable state franchise laws. Specifically, no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under state franchise law, including claims of fraud in the inducement, or disclaim reliance on statements made by Sonesta Simply Suites or its representatives. This provision supersedes any conflicting terms in other documents related to the franchise agreement, providing an additional layer of protection for franchisees in these states.