What is Hyatt's responsibility regarding the Hosted System within the Caption By Hyatt facility?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
As of and from the Effective Date and continuing throughout the Term, Hyatt will be responsible for daily management, monitoring, operation and maintenance of the Hosted System within the Facility, for the benefit of Owner and its Authorized Users, in accordance with the terms and conditions of this Agreement (with the exception of maintenance for the Property Management System which maintenance is governed by the License Agreement).
Should such maintenance require a temporary disruption of any Services, Hyatt shall use commercially reasonable efforts to provide Owner two (2) weeks advance notice of such scheduled maintenance.
The current maintenance schedule is set forth in Schedule 2.
Hyatt shall update such schedule as applicable.
Should any disruption be required outside of the agreed maintenance window (for example, for a critical incident), Hyatt shall provide Owner with prompt notice of such emergency maintenance.
Hyatt will make every commercially reasonable effort to make any such disruptions as brief as possible and to schedule any such disruptions during the scheduled maintenance window.
- b.
Hotel Environment.
Owner acknowledges and agrees that the performance of the Services may be dependent upon Owner providing, at its sole cost and expense, all of the elements of the Hotel Environment.
Owner waives any claims including but not limited to warranty claims against Hyatt, to the extent arising from Owner's failure to provide a hardware and software environment that complies with the Hotel Environment requirements.
- c.
Restrictions.
Owner may only use the Hosted System and Services for Owner's business at the Property.
Owner will not make any representations or warranties on behalf of Hyatt that are inconsistent with the terms of this Agreement.
Source: Item 23 — Receipts (FDD pages 85–349)
What This Means (2025 FDD)
According to the 2025 Caption By Hyatt Franchise Disclosure Document, Hyatt is responsible for the daily management, monitoring, operation, and maintenance of the Hosted System within the Caption By Hyatt facility for the benefit of the owner and its authorized users. This excludes maintenance for the Property Management System, which is governed by the License Agreement. The Hosted System includes the Hosted Hardware, Property Management System, and Third Party Software, collectively hosted by Hyatt. Hyatt is also responsible for the installation of the Hosted Hardware at the facility, hosting and monitoring the Property Management System, and hosting, monitoring, maintenance, and support of the Third Party Software and the Hosted Hardware.
Hyatt is responsible for scheduled maintenance, security and intrusion detection, and event reporting regarding the Hosted System. All Hosted Hardware is continually monitored and managed by Hyatt on a 24 x 7 x 365 basis. Hyatt will use commercially reasonable efforts to provide the owner with two weeks' advance notice of scheduled maintenance that requires a temporary disruption of any services. If a disruption is required outside of the agreed maintenance window, Hyatt will provide prompt notice of such emergency maintenance and will make every commercially reasonable effort to make such disruptions as brief as possible and to schedule any such disruptions during the scheduled maintenance window.
The owner is responsible for all connectivity from their network to the Hosted System components in the facility. Hyatt is responsible for all connectivity within the facility. The owner's primary point of contact for support with respect to the Property Management System is Oracle, unless the owner is located in a region where Oracle does not provide support, in which case the owner's primary point of contact for such support is Oracle's designated support partner. If the owner cannot obtain support from Oracle (or an Oracle designated support partner, as applicable), the owner may open a support ticket with the Hyatt Service Desk.
The performance of the services by Hyatt may be dependent upon the owner providing, at its sole cost and expense, all of the elements of the Hotel Environment. The owner waives any claims, including warranty claims, against Hyatt to the extent arising from the owner's failure to provide a hardware and software environment that complies with the Hotel Environment requirements. The owner may only use the Hosted System and Services for the owner's business at the property and will not make any representations or warranties on behalf of Hyatt that are inconsistent with the terms of the agreement.