Does the Caption By Hyatt confidentiality agreement cover pricing information?
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 the 2025 Caption By Hyatt Franchise Disclosure Document, the confidentiality agreement does cover pricing information. The agreement requires both parties to treat information about the Property and Business as confidential. This extends to management, operations, financing, and proprietary know-how. Specifically, the definition of "Confidential Information" includes pricing information, along with other data, documents, designs, and customer lists.
This means that as a Caption By Hyatt franchisee, you are obligated to keep any pricing information you receive from Hyatt confidential. This includes pricing strategies, specific rates, and any related analyses or studies. You can only disclose this information to those within your organization who need to know it, such as employees, partners, and advisors, and you must ensure they also maintain its confidentiality.
The confidentiality obligations remain in effect even after discussions between the parties end, or upon written request from the disclosing party. Both parties must destroy all confidential information and copies, although there are exceptions for information required to be retained by law or internal policies. The agreement also specifies conditions under which information is not considered confidential, such as if it becomes publicly available or was already in the receiving party's possession.
For a prospective Caption By Hyatt franchisee, this underscores the importance of understanding and adhering to the confidentiality terms. Breaching this agreement could lead to legal and financial repercussions. It is also important to note the conditions under which the confidentiality obligations terminate or are limited, as well as the provisions for retaining certain confidential information under specific circumstances.