factual

Does the Sonesta Simply Suites Franchise Agreement outline obligations for converting an existing hotel?

Sonesta_Simply_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

ise Agreement in accordance with the | terms of the Franchise | Agreement signed con | currently | | herewith ("Franchise Agreement") by and between | ween SONESTA RL HOT | ELS FRANCHISING IN | C. ("we," | | "us," or "our"), and | | ("you" | or | | "your"). | | . • | |

    1. Background. This Rider is annexed to and forms part of the Franchise Agreement. This Rider is being signed because you are converting an existing hotel into a Brand Hotel, pursuant to the Franchise Agreement. Capitalized terms used, but not defined, herein shall have the meanings given them in the Franchise Agreement.
    1. 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.

You acknowledge and agree that any of our involvement in the approval of location is for our sole benefit. You further acknowledge that you have been advised to obtain the advice of your own professional advisors in connection with your purchase of the Premises or the Lease, as applicable.

    1. Property Improvement Plan. You or your Principal and the Management Company, if applicable as provided under Section 8.D, will meet with us to conduct an initial inspection of the Premises and develop a property improvement plan (the "PIP") of improvements required to meet Brand Standards. We may assign you a project manager or onboarding specialist. The PIP is attached as Exhibit D-1(A) to the Franchise Agreement and is incorporated herein by reference. On or prior to the Renovation Work Completion Date (as defined below), you will cause the renovation and construction work required in the PIP (the "Renovation Work") to be completed. You agree, at your expense, to (1) obtain any and all required zoning changes, planning consents, building, utility, sign and business permits and licenses, liquor license and any other consents, permits and licenses necessary to lawfully open and operate your Hotel; (2) construct all required improvements in compliance with the PIP and any other construction plans and specifications approved by us; (3) decorate your Hotel in compliance with plans and specifications approved by us; and (4) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating and installation services. You agree to use the vendor(s) we select, if any (which may include us or our affiliates), for design, engineering, construction management and purchasing services in connection with the conversion of your Hotel.
    1. Plans and Designs. You must submit to us your plans, layouts, specifications, and drawings for your Hotel (collectively, the "Plans"), and your plans, layouts, specifications, and drawings for the proposed furnishings, fixtures, equipment and décor of your Hotel (collectively, the "Designs") with respect to the Renovation Work. We may supply you with representative prototype guest room and public area plans and schematic building plans as a guide for preparation of the Plans and Designs. Our approval of such Plans and Designs does not warrant the depth of our analysis or assume any responsibility for the efficacy of the Plans and Designs, or the resulting Renovation Work.

Source: Item 22 — CONTRACTS (FDD pages 79–80)

What This Means (2025 FDD)

Yes, the 2025 Sonesta Simply Suites Franchise Agreement addresses obligations related to converting an existing hotel into a Sonesta Simply Suites branded hotel. According to Exhibit B of the franchise agreement, a rider is included specifically if a franchisee is converting an existing hotel into a Sonesta Simply Suites Brand Hotel.

The rider stipulates that the franchisee must provide either a deed proving ownership of the premises or a lease that allows them to enter into the Franchise Agreement. This documentation must be provided prior to the opening date, but no later than 30 days after the effective date of the agreement. Failure to provide this documentation allows Sonesta Simply Suites to terminate the Franchise Agreement immediately.

The agreement also states that the franchisee warrants they are entitled to possess the premises without restrictions that would interfere with their obligations under the Franchise Agreement. Franchisees must also provide copies of any lease amendments or modifications within five days of execution. Sonesta Simply Suites states that their involvement in location approval is solely for their benefit, and franchisees are advised to seek professional advice regarding the purchase or lease of the premises.

Sonesta Simply Suites states that their acceptance of the premises only indicates that the site meets their current criteria, which may not accurately reflect the potential for all sites. The company is not responsible if an approved site fails to meet the franchisee's expectations, and the franchisee's acceptance of the franchise at the premises is based on their own independent investigation of the site's suitability for a Brand Hotel.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.