If the Caption By Hyatt agreement is terminated, which sections of the agreement survive termination?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.4 Survival.
The following provisions of this Agreement shall survive termination or expiration of this Agreement regardless of the circumstances: Sections 6.5, 6.7, 7.4, 8.1, 8.3, 8.4, 11.1, 11.5, 11.6, 11.7 and 15.4 and ARTICLE IX, ARTICLE XIV, ARTICLE XVI, ARTICLE XVII and ARTICLE XVIII.
Additionally, all of Hyatt's and Franchisee's obligations that by their terms or by implication are to be performed after the termination or expiration of the Term shall survive such termination or expiration.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to the 2025 Caption By Hyatt Franchise Disclosure Document, several sections of the franchise agreement survive termination or expiration. These include specific obligations and rights that extend beyond the active term of the agreement.
Specifically, Sections 6.5, 6.7, 7.4, 8.1, 8.3, 8.4, 11.1, 11.5, 11.6, 11.7, and 15.4, as well as Articles IX, XIV, XVI, XVII, and XVIII of the Caption By Hyatt agreement, remain in effect even after the agreement ends. Additionally, any obligations of either Caption By Hyatt or the franchisee that are meant to be performed after the termination or expiration of the agreement will also survive.
This means that franchisees must continue to adhere to the terms outlined in these sections and articles, even after the franchise agreement is no longer active. These sections likely cover aspects such as ongoing financial obligations, confidentiality, intellectual property rights, and dispute resolution processes. Franchisees should carefully review these sections to understand their responsibilities and potential liabilities that extend beyond the termination date.