Does the Caption By Hyatt confidentiality agreement cover joint venture agreements?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Confidential Information. "Confidential Information" shall mean the information provided by either party to the other with respect to the Property and Business including, but not limited to, the following: (a) management and operational information, forecasts, and projections; (b) financing information; (c) proprietary know-how, data, documents, designs, photographs, plans, graphs, drawings, specifications, pro forma models, reports, contracts, customer lists, pricing information, studies, findings, and other ideas; (d) entity information relating to the disclosing party including, without limitation, any joint venture agreement, limited liability company agreement or similar arrangements; (e) documents relating to real property interests including, but not limited to, environmental reports and audits; (f) information that should be treated as confidential under the circumstances surrounding its disclosure, including without limitation, proprietary information of Hyatt; (g) any information of Hyatt clearly identified as a "Hyatt Trade Secret"; and (h) any discussion between Hyatt and the Company with respect to any of the foregoing, the Property, the Business, the possible business relationship, and this Agreement in general, including without limitation, the fact that any such discussions are taking place or any business relationship is being discussed, and the content and terms thereof.
Source: Item 23 — Receipts (FDD pages 85–349)
What This Means (2025 FDD)
According to Caption By Hyatt's 2025 Franchise Disclosure Document, the confidentiality agreement explicitly includes joint venture agreements within its definition of "Confidential Information." This means that any information provided by either party (Hyatt or the franchisee) relating to a joint venture agreement is considered confidential and protected under the terms of the agreement.
Specifically, the confidentiality agreement defines "Confidential Information" as information provided by either party regarding the property and business, including, but not limited to, entity information relating to the disclosing party including, without limitation, any joint venture agreement, limited liability company agreement or similar arrangements. This broad definition ensures that sensitive details and terms of any joint venture are protected from unauthorized disclosure.
For a prospective Caption By Hyatt franchisee, this inclusion offers assurance that their joint venture agreements with Hyatt will be treated with confidentiality. It also places an obligation on the franchisee to maintain the confidentiality of Hyatt's joint venture agreements or similar arrangements with other entities, ensuring a mutual protection of sensitive business information. Franchisees should carefully review the full scope of the confidentiality agreement to understand their obligations and the types of information covered.