For a Sonesta Simply Suites conversion, what is the franchisee's responsibility regarding providing copies of documentation reflecting their right to possession of the premises?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Interest in Premises. You must deliver to us, prior to the Opening Date, and in any event no later than thirty (30) days after the Effective Date, either a deed reflecting your ownership of the Premises (the "Deed") or a copy of your lease for the Premises that allows you the right to enter into the Franchise Agreement (the "Lease"). If you fail to timely provide us the Deed or Lease, we may immediately terminate the Franchise Agreement. You represent and warrant that, throughout the Term of the Franchise Agreement, you will be entitled to possession of the Premises and your Hotel without restrictions that would interfere with your performance under the Franchise Agreement, subject to the reasonable requirements of any financing secured by your Hotel. You will provide us copies of all documentation reflecting your right to possession of the Premises at any time upon our request. Further, if you do not own the Premises, you must provide us with copies of any amendment, addendum, extension, or other modification to the Lease within five days following execution.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites's 2025 Franchise Disclosure Document, a franchisee converting an existing hotel into a Sonesta Simply Suites location has specific obligations regarding documentation of their right to possess the premises. The franchisee must provide either a deed proving ownership or a copy of the lease that allows them to enter into the Franchise Agreement. This documentation must be delivered prior to the opening date, but no later than 30 days after the effective date of the agreement. Failure to provide the deed or lease in a timely manner may result in immediate termination of the Franchise Agreement.
The franchisee also warrants that they are entitled to possess the premises throughout the term of the Franchise Agreement without restrictions that would interfere with their performance under the agreement, subject to reasonable financing requirements. Sonesta Simply Suites can request copies of all documentation reflecting the franchisee's right to possess the premises at any time.
Furthermore, if the franchisee does not own the premises, they must provide copies of any amendment, addendum, extension, or other modification to the lease within five days of its execution. This ensures that Sonesta Simply Suites remains informed about the franchisee's lease terms and any changes that may affect their operation of the franchise. This requirement is in place to protect Sonesta Simply Suites's interests and ensure the franchisee's continued compliance with the Franchise Agreement.