Are Sonesta Simply Suites' internal policies binding on the franchisee?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to this Agreement's terms, we grant you a limited and non-exclusive franchise (the "Franchise") to establish and operate your Hotel under the Franchise System at
the Premises, and to use the Franchise System and the Brand Standards (as defined in Section 2.A) in its operation, for a term beginning on the Opening Date (as defined in Section 2.E) and expiring 20 years from the Opening Date, unless sooner terminated under Section 14 of this Agreement (the "Term").
We and our affiliates will maintain the Franchise System Website and may use Brand Promotion Fees to develop, maintain, and update the Franchise System Website. We periodically may update and modify the Franchise System Website. You acknowledge that we have final approval rights over all information on the Franchise System Website. We may implement and periodically modify Brand Standards relating to the Franchise System Website. We also may discontinue any Franchise System Website, create a separate Franchise System Website for any one of the, or any combination of the, Network Hotels, or consolidate such Franchise System Website with the website of any other brands we or our affiliates maintain, at any time, in our sole discretion.
If you are in default of any obligation under this Agreement or the Brand Standards, then we may, in addition to our other remedies, temporarily remove your Hotel information from the Franchise System Website until you fully cure the default. We will permanently remove your Hotel information from the Franchise System Website upon this Agreement's expiration or termination.
C. Online Presences. You may not register, own, maintain or use any Online Presences relating to the Brand Hotels, Network Hotels, or that includes the Network Marks, except as approved in advance by us. As a general rule, we do not permit franchisees to maintain vanity or other independent Online Presences for Brand Hotels. You may not list the details or contact information of your Hotel on any vanity or other independent websites or other Online Presence, including any OTAs, without our prior written approval. You must establish any Online Presence that we may require, and only establish any other Online Presence that we authorize. All use of Online Presences must be in accordance with the Brand Standards and our other guidelines, including the implementation and maintenance of and compliance with privacy policies, as applicable. Given the changing nature of this technology, we have the right to withhold our approval, and to withdraw any prior approval, and to modify our requirements, at our sole discretion. You acknowledge and agree that the restrictions on your use of the Marks will survive the expiration or earlier termination of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, franchisees are required to adhere to the Brand Standards in operating their hotel. The franchise agreement grants a non-exclusive franchise to operate a hotel under the Sonesta Simply Suites system, explicitly requiring the franchisee to use the Franchise System and Brand Standards. These standards, as defined in Section 2.A of the agreement, are integral to maintaining consistency and quality across all franchised locations.
Sonesta Simply Suites maintains the right to update and modify the Franchise System Website and implement Brand Standards related to it. Franchisees must obtain approval from Sonesta Simply Suites before establishing any online presence related to the Brand Hotels or using Network Marks. The brand can withhold or withdraw approval and modify requirements at its sole discretion, emphasizing the franchisor's control over the brand's online representation.
Failure to comply with the Brand Standards can result in penalties, including the temporary removal of the franchisee's hotel information from the Franchise System Website if the franchisee defaults on any obligation under the agreement or Brand Standards. This measure underscores the importance of adhering to Sonesta Simply Suites' policies and standards to maintain brand integrity and customer experience. The restrictions on the use of marks survive the expiration or earlier termination of the agreement.