What is Caption By Hyatt's definition of a 'Competing Brand Owner'?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
We may refuse to approve a management company that is a Competing Brand Owner. "Competing Brand Owner" means any entity that (a) is either a franchisor or owner of a Competing Brand (defined below), (b) manages or otherwise operates hotels exclusively for the franchisor or owner of a Competing Brand, or (c) is an affiliate of any entity described in (a) or (b) above. A "Competing Brand" is a hotel concept that has at least 5 hotels operating under that concept's trade name anywhere in the world and that, in our reasonable opinion, competes with Brand Hotels. If the management company or you (if we approve you to manage the Hotel) at any time becomes a Competing Brand Owner, fails to meet our minimum qualifications (as we may periodically modify them) or fails to comply with the Franchise Agreement (including any System Standards and/or if the Hotel remains in any remedial or non-compliant status under our then current Quality Assurance and Compliance Program for 3 or more consecutive months), the Management Company Rider, or any conditions of operator approval that we previously imposed, then we may: (a) revoke our approval of that management company or you as the Hotel's manager; or (b) as a condition of our continued approval, we may impose on that management company or you additional requirements, including participation in remedial training and other operational programs, at the Management Company's or your expense. If we revoke our approval of the Management Company or you as the manager, then you must promptly terminate the Management Arrangement (if applicable) and either assume direct control of the Hotel's management and operation, if we approve you to manage the Hotel, or engage another management company we approve.
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD pages 71–74)
What This Means (2025 FDD)
According to Caption By Hyatt's 2025 Franchise Disclosure Document, a "Competing Brand Owner" is defined as any entity that falls into one of three categories. First, it includes any entity that is either a franchisor or owner of a Competing Brand. Second, it encompasses entities that manage or otherwise operate hotels exclusively for the franchisor or owner of a Competing Brand. Third, the definition extends to any affiliate of an entity described in the first two categories.
Furthermore, Caption By Hyatt defines a "Competing Brand" as a hotel concept that has at least five hotels operating under that concept's trade name anywhere in the world and that, in Caption By Hyatt's reasonable opinion, competes with Caption By Hyatt hotels. This definition is important because Caption By Hyatt may refuse to approve a management company that is a Competing Brand Owner.
If a management company or the franchisee (if approved to manage the hotel) becomes a Competing Brand Owner, fails to meet Caption By Hyatt's minimum qualifications, or fails to comply with the Franchise Agreement, Caption By Hyatt has the right to revoke its approval of that management company or the franchisee as the hotel's manager. Alternatively, Caption By Hyatt may impose additional requirements, such as participation in remedial training and other operational programs, at the management company's or franchisee's expense. If Caption By Hyatt revokes its approval, the franchisee must terminate the management arrangement and either assume direct control of the hotel's management and operation (if approved) or engage another management company that Caption By Hyatt approves.