Does the Caption By Hyatt confidentiality agreement cover limited liability company agreements?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
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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 does extend to limited liability company agreements. The agreement broadly defines "Confidential Information" as information provided by either party regarding the property and business. This definition specifically includes entity information relating to the disclosing party, encompassing any joint venture agreement, limited liability company agreement, or similar arrangements.
This means that any limited liability company agreements related to the Caption By Hyatt franchise, whether disclosed by the franchisor or the franchisee, are subject to the confidentiality terms outlined in the agreement. Both parties are obligated to protect this information and prevent unauthorized disclosure. This protection extends to the terms, conditions, and any other details contained within such agreements.
For a prospective Caption By Hyatt franchisee, this aspect of the confidentiality agreement ensures that their business structure and related agreements are protected. It also means they must treat any similar information they receive from Caption By Hyatt with the same level of care and discretion. Franchisees should carefully review the full scope of the confidentiality agreement to understand their obligations and the types of information covered.