factual

Does the Caption By Hyatt Guaranty require all parties to sign the same counterpart for the agreement to be valid?

Caption_By_Hyatt Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Counterparts. To facilitate execution, this Guaranty may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this Guaranty to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages.

Source: Item 22 — Contracts (FDD page 85)

What This Means (2025 FDD)

According to Caption By Hyatt's 2025 Franchise Disclosure Document, the Guaranty agreement does not require that all parties sign the same counterpart for the agreement to be valid. To facilitate execution, the Guaranty may be executed in as many counterparts as may be convenient or required. It is not necessary for each party to sign the same counterpart, and all counterparts collectively constitute a single instrument.

For a prospective Caption By Hyatt franchisee, this means that the Guaranty agreement can be signed in separate parts, making it easier to manage signatures from multiple parties who may be in different locations. This flexibility simplifies the execution process without affecting the legal validity of the agreement.

Furthermore, when proving the Guaranty, it is not necessary to produce more than a single counterpart containing the respective signatures of each party. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. This allows for easier assembly and management of the final agreement, as signature pages can be combined from different counterparts without losing their legal effect.

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.