factual

What is the Guarantor's liability for the Guaranteed Obligations under the Caption By Hyatt agreement?

Caption_By_Hyatt Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Guaranty. Guarantor hereby irrevocably and unconditionally personally guarantees to Hyatt and its successors and assigns Franchisee's punctual payment and performance of, and agrees to be personally bound by and personally liable for the breach of, each and every Guaranteed Obligation. Guarantor hereby irrevocably and unconditionally covenants and agrees that it is liable for the Guaranteed Obligations as a primary obligor.
  1. Nature of Guaranty. Guarantor consents and agrees that: (1) the representations, warranties, agreements, liabilities, and obligations of Guarantor set forth in this Guaranty shall apply to each of the undersigned parties in its individual capacity; (2) notwithstanding the foregoing, each of the undersigned's direct and immediate liability under this Guaranty will be

joint and several, both with Franchisee and among the other parties (if any) comprising Guarantor; (3) Guarantor will render any payment or performance required under the Franchise Agreement upon demand if Franchisee fails or refuses punctually to do so; (4) this liability will not be contingent or conditioned upon Hyatt's pursuit of any remedies against Franchisee or any other person or entity; (5) this liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence that Hyatt may from time to time grant to Franchisee or any other person or entity, including, without limitation, the acceptance of any partial payment or performance or the compromise or release of any claims (including the release of other guarantors), none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during and after the term of the Franchise Agreement (including extensions) for so long as any performance is or might be owed under the Franchise Agreement by Franchisee or any of its guarantors and for so long as Hyatt has any cause of action against Franchisee or any of its guarantors; and (6) this Guaranty will continue in full force and effect for (and as to) any extension or modification of the Franchise Agreement and despite the transfer of any direct or indirect interest in the Franchise Agreement or Franchisee, and Guarantor waives notice of any and all renewals, extensions, modifications, amendments, or transfers.

6. Waivers.

(a) Guarantor hereby waives: (i) all rights to payments and claims for reimbursement or subrogation that Guarantor may have against Franchisee arising as a result of the undersigned's execution of and performance under this Guaranty, for the express purpose that none of the undersigned shall be deemed a "creditor" of Franchisee under any applicable bankruptcy law with respect to Franchisee's obligations to Hyatt; (ii) all rights to require Hyatt to proceed against Franchisee for any payment required under the Franchise Agreement, proceed against or exhaust any security from Franchisee, take any action to assist any of the undersigned in seeking reimbursement or subrogation in connection with this Guaranty or pursue, enforce or exhaust any remedy, including any legal or equitable relief, against Franchisee; (iii) any benefit of, any right to participate in, any security now or hereafter held by Hyatt; and (iv) acceptance and notice of acceptance by Hyatt of Guarantor's undertakings under this Guaranty, all presentments, demands and notices of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed, protest, notices of dishonor, notices of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed (except as otherwise expressly provided herein or in the Franchise Agreement), and any other notices and legal or equitable defenses to which Guarantor may be entitled.

Source: Item 22 — Contracts (FDD page 85)

What This Means (2025 FDD)

According to the 2025 Caption By Hyatt Franchise Disclosure Document, the Guarantor irrevocably and unconditionally guarantees the franchisee's punctual payment and performance of all Guaranteed Obligations to Hyatt. This means the Guarantor is personally bound by and liable for any breach of these obligations, acting as a primary obligor. The Guarantor's liability is joint and several with the franchisee and any other guarantors. Hyatt can demand payment or performance from the Guarantor if the franchisee fails or refuses to fulfill their obligations, without needing to first pursue remedies against the franchisee.

The Guarantor's obligations are not contingent on Hyatt pursuing remedies against the franchisee or any other party. The liability remains unaffected by any extensions of time, credit, or other indulgences Hyatt grants to the franchisee. The Guaranty remains in effect during and after the term of the Franchise Agreement, including any extensions, as long as any performance is owed or any cause of action exists against the franchisee or its guarantors. The Guarantor also waives notice of any renewals, extensions, modifications, amendments, or transfers related to the Franchise Agreement.

The Guarantor also consents to the application of their representations, warranties, agreements, liabilities, and obligations in their individual capacity. They waive rights to payments and claims for reimbursement or subrogation against the franchisee, ensuring they are not considered a 'creditor' of the franchisee under bankruptcy law. The Guarantor also waives rights to require Hyatt to proceed against the franchisee or to utilize any security from the franchisee before seeking payment from the Guarantor. Overall, the guarantor takes on significant responsibility for the financial and operational performance of the franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.