Where can I find the definition of 'Brand' in the Caption By Hyatt franchise agreement?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT A to the BRAND HOTEL FRANCHISE AGREEMENT
DEFINED TERMS
In addition to any other terms defined in this Agreement, the following terms shall have the respective meanings as indicated below.
- "Accessibility Laws" means the Americans with Disabilities Act and other laws, rules, regulations and ordinances governing accommodations for or relationships with persons with disabilities or similar individuals, as in effect from time to time.
- "ADS" means the online travel agencies and other alternative distribution systems that Hyatt may periodically authorize or require for Franchisee's Hotel and other similarly situated Brand Hotels (subject to Reasonable Deviations).
- "Affiliate" means, with respect to a party, any person or entity directly or indirectly owned or controlled by, under common control with, or owning or controlling, such party. For purposes of this definition, "control" means the power to direct or cause the direction of management and policies.
- "Anti-Corruption Laws" means any laws, rules or regulations relating to anti-corruption, anti-bribery, anti-money laundering, or similar prohibited conduct or otherwise relating to the maintenance of accurate books and records and internal controls.
- "AOP Term" has the meaning set forth in Exhibit B-2.
- "Area of Protection" has the meaning set forth in Exhibit B-2.
- "Average Monthly Revenues" means:
- (a) if the date of termination occurs after the Ramp Period, the average monthly Gross Rooms Revenue of the Hotel during the twelve (12) full calendar months immediately preceding the month of termination; or
- (b) if the date of termination occurs after the Opening Date but before the end of the Ramp Period, the greater of (i) the average monthly Gross Rooms Revenue of the Hotel during the period from the Opening Date until the effective date of termination or (ii) the amount determined under part (c) below; or
- (c) if the date of termination occurs before the Opening Date, the average monthly Gross Rooms Revenue per available guest room for all Brand Hotels in the United States (including those that Hyatt and its Affiliates own, manage, and franchise) during the twelve (12) full calendar months preceding the month of termination, multiplied by the number of guest rooms approved for the Hotel.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to the 2025 Caption By Hyatt Franchise Disclosure Document, the definition of 'Brand' can be found in Exhibit A to the Brand Hotel Franchise Agreement, under the section titled 'Defined Terms'. This exhibit outlines the specific meanings of various terms used throughout the franchise agreement to ensure clarity and avoid ambiguity.
For a prospective Caption By Hyatt franchisee, understanding these defined terms is crucial. The definition of 'Brand', along with other terms like 'Accessibility Laws', 'ADS', and 'Affiliate', sets the foundation for interpreting the rights, obligations, and restrictions outlined in the franchise agreement. By referencing Exhibit A, franchisees can accurately understand the context and implications of these terms as they relate to their operation of a Caption By Hyatt hotel.
It is important for potential franchisees to carefully review Exhibit A and all other exhibits referenced in the franchise agreement. Should any definitions be unclear, franchisees should seek clarification from Caption By Hyatt during the due diligence process. A thorough understanding of these terms will help franchisees make informed decisions and ensure compliance with the franchise agreement.