What is the limited warranty that Caption By Hyatt provides for the IT Project Management Services?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
Hyatt warrants that the IT Project Management Services will be performed in substantial accordance with the specifications set forth in Exhibit E.
If any IT Project Management Services do not comply with this warranty, Franchisee must notify Hyatt in writing within thirty (30) days after completion of the IT Project Management Services.
As to any valid warranty claim, Hyatt will at its option: (i) repair the defect; (ii) re-perform the defective IT Project Management Services; or (iii) refund sums paid by Franchisee to Hyatt for the defective IT Project Management Services.
Following expiration of the warranty period, Franchisee accepts the IT Project Management Services in their "AS-IS" condition.
The foregoing constitutes Franchisee's sole and exclusive remedies in response to a warranty claim.
Hyatt makes no representation or warranty with respect to: (1) software, equipment, or goods manufactured, developed or provided by others, including Franchisee; (2) use of the IT Project Management Services in a manner contrary to instructions from Hyatt; (3) use of the IT Project Management Services in combination with goods or IT Project Management Services not delivered by Hyatt; (4) defects caused by Franchisee; or (5) other events outside the control of Hyatt.
EXCEPT AS STATED ABOVE, HYATT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO IT PROJECT MANAGEMENT SERVICES, GOODS OR SOFTWARE DELIVERED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Caption By Hyatt provides a limited warranty for its IT Project Management Services. Hyatt warrants that these services will be performed in substantial accordance with the specifications outlined in Exhibit E of the franchise agreement. This warranty is designed to ensure that the IT services meet the agreed-upon standards.
For a Caption By Hyatt franchisee, this means that if the IT Project Management Services do not meet the warranty standards, they must notify Hyatt in writing within 30 days after the services are completed. If the warranty claim is valid, Hyatt has the option to either repair the defect, re-perform the defective services, or refund the amount the franchisee paid for the deficient services. This provides a degree of protection for the franchisee's investment in IT services.
However, it's important to note that after the warranty period expires, the franchisee accepts the IT Project Management Services in an "AS-IS" condition. Additionally, Hyatt makes no representations or warranties regarding software, equipment, or goods provided by others, including the franchisee, or for issues arising from the franchisee's misuse of the services, use of the services in combination with non-Hyatt products, defects caused by the franchisee, or events outside Hyatt's control. The warranty also does not cover system disruptions, security breaches, or data loss.
This limited warranty and the remedies provided (repair, re-performance, or refund) are the sole and exclusive options available to the Caption By Hyatt franchisee for any warranty claim related to the IT Project Management Services. Franchisees should be aware of these limitations and ensure they understand their responsibilities in maintaining the IT systems and adhering to Hyatt's instructions to maximize the benefits of the warranty.