What is the effect of a waiver granted by Sonesta Simply Suites on other rights?
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.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to the 2025 Sonesta Simply Suites Franchise Disclosure Document, any waiver granted by either Sonesta Simply Suites or the franchisee does not negatively impact other rights. The waiver is granted without prejudice to any other rights that either party possesses. This means that even if Sonesta Simply Suites waives a specific obligation or restriction, it does not forfeit any other rights it has under the agreement.
The waiver is subject to continuing review, allowing Sonesta Simply Suites to monitor the situation and ensure that the waiver remains appropriate. Furthermore, the waiver can be revoked at any time, for any reason, providing flexibility for Sonesta Simply Suites to respond to changing circumstances. To revoke a waiver, Sonesta Simply Suites must provide 10 days' prior written notice to the franchisee.
Sonesta Simply Suites also retains the right to demand exact compliance with every term, condition, and covenant of the agreement, regardless of any past custom or practice. The brand's failure to exercise any right or insist on compliance does not constitute a waiver of that right. This ensures that Sonesta Simply Suites can enforce the franchise agreement's terms even if it has previously been lenient or overlooked certain violations. Acceptance of payments after a breach does not waive Sonesta Simply Suites's right to address the breach.