factual

Is Sonesta Simply Suites responsible for downtime of third-party software used in the Computer System?

Sonesta_Simply_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

You acknowledge and agree that we are not responsible for, and you will hold us harmless with respect to, any planned or unplanned downtime, interruption, unavailability, or failure of any third-party software, hardware, services, and equipment.

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

What This Means (2025 FDD)

According to Sonesta Simply Suites's 2025 Franchise Disclosure Document, Sonesta Simply Suites is not responsible for any downtime, interruption, or failure of third-party software, hardware, services, and equipment used in the Computer System. The franchisee agrees to hold Sonesta Simply Suites harmless in such situations. This means that if a franchisee experiences issues with software provided by another company that is part of the hotel's computer system, Sonesta Simply Suites will not be liable.

This stipulation places the responsibility on the franchisee to manage and mitigate risks associated with third-party software. It is common in franchising for the franchisee to bear the risk related to technology, as they are often the direct user and operator of the systems. However, franchisees should carefully evaluate the reliability and support services offered by these third-party vendors before making any commitments.

Prospective Sonesta Simply Suites franchisees should inquire about the typical frequency and duration of downtimes experienced by other franchisees using the same third-party software. Understanding the support and maintenance agreements associated with these systems is also crucial. While Sonesta Simply Suites may not be directly responsible, it is important to understand what support, if any, Sonesta Simply Suites provides in resolving such issues with third-party vendors.

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.