What is the required form for a waiver of obligation under the Sonesta Simply Suites agreement?
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.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to the 2025 Sonesta Simply Suites Franchise Disclosure Document, any waiver of obligation or restriction must be made through a written instrument. This waiver becomes effective upon delivery of written notice or on another effective date stated in the notice of waiver.
Any waiver granted by Sonesta Simply Suites will not affect any other rights they possess and is subject to ongoing review. The waiver can be revoked at any time, for any reason, with 10 days' prior written notice.
The franchise agreement specifies that Sonesta Simply Suites's failure to enforce strict compliance with the agreement's terms or brand standards does not constitute a waiver of their rights. This ensures that Sonesta Simply Suites retains the ability to enforce all terms of the agreement, even if they have previously been lenient. Additionally, special endorsements on checks or payments will not be considered a waiver or accord, and Sonesta Simply Suites is authorized to remove them.