Is a Sonesta Simply Suites franchisee responsible for obtaining professional advice on the adequacy of confidentiality agreements?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that you are solely responsible for obtaining your own professional advice with respect to the adequacy of the terms and provisions of any confidentiality agreement that your employees, agents, and independent contractors sign.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites's 2025 Franchise Disclosure Document, the franchisee is responsible for securing professional advice regarding the adequacy of confidentiality agreements. This responsibility extends to agreements signed by the franchisee's employees, agents, and independent contractors.
The FDD specifies that Sonesta Simply Suites may require franchisees to have their personnel sign non-disclosure agreements to protect confidential information. While Sonesta Simply Suites reserves the right to regulate the form and terms of these agreements and may even be a third-party beneficiary with enforcement rights, the document explicitly states that the enforceability of these agreements can vary by jurisdiction.
Therefore, it is crucial for prospective Sonesta Simply Suites franchisees to understand that they bear the onus of ensuring these confidentiality agreements are legally sound and effective in their specific location. Seeking advice from a qualified legal professional is essential to mitigate potential risks associated with inadequate or unenforceable confidentiality provisions.