Can the Sonesta Simply Suites Franchise Agreement be modified through an oral agreement?
Sonesta_Simply_Suites 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 23 — RECEIPTS (FDD pages 80–246)
What This Means (2025 FDD)
According to the 2025 Sonesta Simply Suites Franchise Disclosure Document, the Franchise Agreement cannot be modified or amended through an oral agreement. Any changes to the agreement must be made in writing and signed by the party against whom the amendment, modification, waiver, or discharge is sought to be enforced. This requirement ensures that all modifications are documented and legally binding, preventing disputes based on verbal agreements.
This provision is standard in franchise agreements to provide clarity and legal certainty. Franchisees should be aware that any verbal promises or assurances made by Sonesta Simply Suites representatives that are not reflected in a written amendment to the Franchise Agreement are not enforceable. This protects both the franchisee and franchisor by ensuring that all parties are held to the terms explicitly stated in the written agreement.
Prospective Sonesta Simply Suites franchisees should ensure that any desired changes or clarifications to the Franchise Agreement are documented in writing and properly signed before finalizing the agreement. This includes any understandings reached during negotiations. Failure to do so could result in the franchisee being bound by the original terms of the agreement, even if verbal assurances were made to the contrary.