factual

Does Caption By Hyatt or its affiliates guarantee a franchisee's note, lease, or obligation?

Caption_By_Hyatt Franchise · 2025 FDD

Answer from 2025 FDD Document

WHEREAS, simultaneously herewith, Franchisee is entering into a Brand Hotel Franchise Agreement (as amended, modified or amended and restated from time to time, the "Franchise Agreement") with Hyatt with respect to the Hotel;

WHEREAS, Guarantor is either an owner (whether direct or indirect) of Franchisee or otherwise has a direct or indirect relationship with Franchisee or its affiliates, Guarantor will benefit significantly from Hyatt's entering into the Franchise Agreement with Franchisee, and Hyatt will not enter into the Franchise Agreement unless each of the undersigned agrees to sign and comply with the terms of this Guaranty;

WHEREAS, as a condition to entering into the Franchise Agreement, Hyatt has required that Guarantor guarantee the payment and performance of the Guaranteed Obligations (as defined herein), subject to the terms of this Guaranty.

NOW, THEREFORE, as a material inducement to Hyatt entering into the Franchise Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby does irrevocably and unconditionally warrant and represent unto and covenant as follows:

    1. Recitals; Defined Terms. The recitals above are a part of this Guaranty, form a basis for this Guaranty, and shall be considered prima facie evidence of the facts and documents referred to therein. Defined terms used but not defined herein shall have the meanings ascribed to them in the Franchise Agreement.
    1. Guaranty. Guarantor hereby irrevocably and unconditionally personally guarantees to Hyatt and its successors and assigns Franchisee's punctual payment and performance of, and agrees to be personally bound by and personally liable for the breach of, each and every Guaranteed Obligation. Guarantor hereby irrevocably and unconditionally covenants and agrees that it is liable for the Guaranteed Obligations as a primary obligor.
    1. Guaranteed Obligations. As used herein, the term "Guaranteed Obligations" means (i) Franchisee's payment in full of all of Franchisee's monetary obligations including but

Source: Item 10 — Financing (FDD pages 47–48)

What This Means (2025 FDD)

According to the 2025 Caption By Hyatt Franchise Disclosure Document, Hyatt requires a guaranty from the franchisee under certain conditions. Specifically, Hyatt requires a guaranty from the franchisee if the franchisee is entering into a Brand Hotel Franchise Agreement. This guaranty ensures that Hyatt will enter into the Franchise Agreement with the franchisee. The guarantor must be either an owner of the franchisee or have a direct or indirect relationship with the franchisee or its affiliates.

The guarantor irrevocably and unconditionally guarantees to Hyatt the franchisee's payment and performance of all monetary obligations. This includes guaranteeing being personally bound by and personally liable for any breach of the Guaranteed Obligation. The guarantor also agrees that they are liable for the Guaranteed Obligations as a primary obligor.

Additionally, in the event that a lender provides financing to a Caption By Hyatt franchisee, and the lender later assigns the loan documents to another financial institution, Caption By Hyatt requires a processing fee of $7,500. In this situation, the lender also guarantees all obligations to Hyatt of such subsidiary.

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.