Can the Caption By Hyatt Franchise Agreement be modified orally?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.5 Entire Agreement and Construction. This Agreement is binding upon Hyatt and Franchisee and their respective permitted assigns and successors in interest. Subject to Hyatt's right to modify the Hotel System, System Standards, System Services and System Services Charges (including the methods of allocating costs for System Services), from time to time, this Agreement may not be modified except by a written agreement signed by both Hyatt's and Franchisee's duly-authorized officers. The Preliminary Statement and Exhibits, the attached PIP (if applicable), any state-specific Rider to this Agreement signed by Hyatt and Franchisee at the same time as this Agreement, and the Franchise Application that Franchisee (or its Owner or Affiliate) submitted to Hyatt relating to the Hotel, are a part of this Agreement, which constitutes Hyatt's and Franchisee's entire agreement, and there are no other oral or written understandings or agreements between Hyatt and Franchisee, and no other oral or written representations by Hyatt, relating to the subject matter of this Agreement, the franchise relationship, or the Hotel (any understandings or agreements reached, or any representations made, before this Agreement are superseded by this Agreement). Franchisee may not rely on any alleged oral or written understandings, agreements, or representations not contained in this Agreement.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Caption By Hyatt's 2025 Franchise Disclosure Document, the Franchise Agreement cannot be modified except through a written agreement signed by authorized officers of both Caption By Hyatt and the franchisee. This requirement ensures that all modifications are documented and agreed upon in writing, preventing potential misunderstandings or disputes that could arise from oral agreements.
This provision is typical in franchising, as it provides clarity and legal certainty to the franchise relationship. Franchisees should be aware that any verbal promises or assurances made by Caption By Hyatt representatives that are not included in the written agreement are not binding. The franchisee bears the responsibility to ensure all relevant terms and conditions are documented in writing.
However, the FDD also states that there are no other oral or written understandings or agreements between Caption By Hyatt and the franchisee, and no other oral or written representations by Caption By Hyatt, relating to the subject matter of this Agreement. Franchisee may not rely on any alleged oral or written understandings, agreements, or representations not contained in this Agreement. This clause reinforces the importance of the written agreement as the sole source of the terms and conditions governing the franchise relationship. Prospective franchisees should carefully review the entire agreement and ensure that all expectations and agreements are included in the written document before signing.