Is Sonesta Simply Suites responsible for the enforceability of non-disclosure agreements in a particular jurisdiction?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that any form of non-disclosure agreement that we require you to use, provide to you, or regulate the terms of, may or may not be enforceable in a particular jurisdiction. 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' 2025 Franchise Disclosure Document, the enforceability of non-disclosure agreements (NDAs) is the franchisee's responsibility. Sonesta Simply Suites provides confidential information to the franchisee, who must keep it strictly confidential. This information should only be shared with employees or contractors who need to know it and are also under a duty of confidentiality.
Sonesta Simply Suites reserves the right to require franchisees to have their employees, agents, or independent contractors sign NDAs to protect confidential information and can regulate the form of these agreements. However, the document explicitly states that any NDA form that Sonesta Simply Suites requires, provides, or regulates may or may not be enforceable in a specific jurisdiction.
Therefore, it is the franchisee's responsibility to seek professional advice to ensure that the terms and provisions of any confidentiality agreement signed by their employees, agents, and independent contractors are adequate and enforceable in their specific location. This means the franchisee bears the risk and responsibility of ensuring the NDA's legality and effectiveness.