What is the process for Sonesta Simply Suites to waive an obligation of the franchisee?
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.
The following provision applies if you or the franchise granted hereby are subject to the franchise registration or disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin: No statement, questionnaire, or acknowledgment signed or agreed to by you in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any of us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, the brand or the franchisee can waive or reduce any obligation or restriction upon the other party under the Franchise Agreement. This requires a written instrument and becomes effective upon delivery of written notice to the other party or on another effective date stated in the waiver notice.
Any waiver granted by Sonesta Simply Suites is not absolute. It is subject to continuing review and can be revoked at any time, for any reason. Revocation is effective upon delivery of 10 days' prior written notice. The franchise will not waive or impair any right, power, or option that the Franchise Agreement reserves, even if there's a custom or practice that varies from the agreement's terms. This includes the right to demand exact compliance with every term, condition, and covenant, or to declare any breach a default and terminate the agreement before its term expires.
The FDD specifies that Sonesta Simply Suites' failure to exercise any right under the agreement, insist on compliance, or waiver of any right will not affect its ability to enforce those rights in the future. The existence of different provisions in other franchise agreements, or acceptance of payments after a breach, does not constitute a waiver. Any special or restrictive legends on checks will be disregarded, and Sonesta Simply Suites is authorized to remove them.
For franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, no statement signed in connection with the franchise can waive claims under state franchise law or disclaim reliance on statements made by Sonesta Simply Suites or its representatives. This provision supersedes any other conflicting terms in any document executed in connection with the franchise.