factual

In the Caption By Hyatt agreement, what components are included in the definition of the 'Hosted System'?

Caption_By_Hyatt Franchise · 2025 FDD

Answer from 2025 FDD Document

  • i. "Hosted Hardware" means the file servers, network routers and switches, firewalls, and other hardware, technology, and network devices in the Facility and used by Hyatt to host the hosted components of the Property Management System and provide the Services.

It does not include any hardware located outside of the Facility, including any hardware located at the Property.

  • j. "Hosted System" means the Hosted Hardware, Property Management System and Third Party Software, collectively, hosted by Hyatt or its Affiliate and made available by Hyatt to Owner and its Authorized Users pursuant to this Agreement.

  • o. "Property Management System" means the software specified in the License Agreement.

  • r. "Third Party Software" means any software that is proprietary to a third party and that is installed and maintained on the Hosted Hardware or otherwise used in connection with the provision of the Services but does not include the Property Management System.

Source: Item 23 — Receipts (FDD pages 85–349)

What This Means (2025 FDD)

According to Caption By Hyatt's 2025 Franchise Disclosure Document, the 'Hosted System' is defined as the Hosted Hardware, Property Management System, and Third-Party Software, collectively. This system is hosted by Hyatt or its affiliates and made available to the franchisee (referred to as 'Owner') and its authorized users under the terms of the agreement. Hyatt is responsible for the daily management, monitoring, operation, and maintenance of the Hosted System within the franchisee's facility, with the exception of maintenance for the Property Management System, which is governed by a separate License Agreement.

The Hosted Hardware includes file servers, network routers and switches, firewalls, and other hardware, technology, and network devices located in the franchisee's facility. This hardware is used by Hyatt to host the components of the Property Management System and provide related services. It's important to note that the Hosted Hardware does not include any hardware located outside of the facility, including hardware at the property itself. The Property Management System refers to the specific software detailed in the License Agreement, while Third Party Software includes any software proprietary to a third party that is installed and maintained on the Hosted Hardware or used in connection with providing services, excluding the Property Management System.

For a Caption By Hyatt franchisee, understanding the components of the Hosted System is crucial, as it defines the scope of services and responsibilities between the franchisee and Hyatt. Hyatt is responsible for the installation of the Hosted Hardware at the facility, as well as the hosting and monitoring of the Property Management System. Hyatt also handles the hosting, monitoring, maintenance, and support of the Third-Party Software and the Hosted Hardware. This includes scheduled maintenance, security and intrusion detection, and event reporting. All Hosted Hardware is continually monitored and managed by Hyatt on a 24/7/365 basis.

The franchisee is responsible for all connectivity from their network to the Hosted System components within the facility. The franchisee's primary point of contact for support related to the Property Management System is Oracle, or Oracle's designated support partner in regions where Oracle does not provide direct support. If the franchisee cannot obtain support from Oracle or its partner, they can open a support ticket with the Hyatt Service Desk. The franchisee must also provide and maintain the 'Hotel Environment' at their own cost, ensuring it meets Hyatt's technical requirements and operating standards. Failure to do so may result in the franchisee waiving claims against Hyatt related to hardware and software environment issues.

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.