Besides a written agreement, can the Sonesta Simply Suites agreement be modified?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
er or other duly authorized representative of ours. Notwithstanding that this Agreement shall not be effective until signed by us, we reserve the right to make the effective date of this Agreement the date on which you signed the Agreement.
- N. Construction. The recitals and exhibits are a part of this Agreement which, together with the Brand Standards (which may be periodically modified, as provided herein), constitutes our and your entire agreement, and there are no other oral or written understandings or agreements between us and you, or oral or written representations by us, relating to the subject matter of this Agreement, the franchise relationship, or your Hotel (any understandings or agreements reached, or any representations made, before this Agreement are superseded by this Agreement). Nothing in this or in any related agreement, however, is intended to disclaim the representations we made in the Franchise Disclosure Document that we furnished to you. Any policies that we adopt and implement from time to time to guide us in our decision-making are subject to change, are not a part of this Agreement, and are not binding on us. Except as provided in Section 15.D, nothing in this Agreement is intended or deemed to confer any rights or remedies upon any person or legal entity not a party to this Agreement.
You agree that whenever this Agreement allows or requires us to take actions or make decisions, we may do so in our sole and unfettered discretion, even if you believe our action or decision is unreasonable, unless the Agreement expressly and specifically requires that we act reasonably in
connection with the particular action or decision.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, the franchise agreement, along with the Brand Standards, constitutes the entire agreement between the franchisor and franchisee. There are no other oral or written understandings or agreements between Sonesta Simply Suites and the franchisee, meaning that any prior agreements or representations made before the signing of the franchise agreement are superseded by the agreement itself.
This implies that franchisees should ensure all terms and conditions are included in the written agreement, as verbal promises or understandings may not be enforceable. The brand standards can be modified periodically by Sonesta Simply Suites.
Furthermore, the document specifies that no previous course of dealing can be admitted to explain, modify, or contradict the terms of the agreement. Additionally, no implied covenant of good faith and fair dealing can be used to alter the express terms of the agreement. This reinforces the importance of having all agreed-upon terms explicitly stated in the written agreement to avoid future disputes or misunderstandings.