Does Sonesta Simply Suites warrant the efficacy of the Plans and Designs if they are approved?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
You must submit to us your plans, layouts, specifications, and drawings for your Hotel (collectively, the "Plans"), and your plans, layouts, specifications, and drawings for the proposed furnishings, fixtures, equipment and décor of your Hotel (collectively, the "Designs") with respect to the Construction Work. We may supply you with representative prototype guest room and public area plans and schematic building plans as a guide for preparation of the Plans and Designs. Our approval of such Plans and Designs does not warrant the depth of our analysis or assume any responsibility for the efficacy of the Plans and Designs, or the resulting Construction Work. You acknowledge and agree that you will not rely upon any approval we may provide you for the Plans or Designs for any purpose whatsoever except compliance with our then prevailing Brand Standards.
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's approval of a franchisee's submitted plans and designs does not constitute a warranty of their effectiveness. This means that while Sonesta Simply Suites reviews and approves the plans and designs for a hotel's construction or renovation, this approval doesn't guarantee that the plans will be effective or meet all requirements.
The FDD emphasizes that the franchisee is responsible for ensuring the hotel complies with all applicable laws, regulations, and standards. Franchisees are advised to seek their own professional advisors to ensure compliance and efficacy of the plans.
This lack of warranty means the franchisee bears the risk if the approved plans and designs turn out to be insufficient or flawed. The franchisee cannot rely on Sonesta Simply Suites's approval as a guarantee of the plans' efficacy beyond compliance with the brand's standards. This is a common practice in franchising, where the franchisor sets brand standards but the franchisee is responsible for execution and compliance with local regulations.
Therefore, it is crucial for prospective Sonesta Simply Suites franchisees to conduct thorough due diligence, engage qualified professionals, and not solely rely on the franchisor's approval when developing and implementing plans and designs for their hotel. This approach helps mitigate potential risks and ensures the project meets all necessary requirements.