factual

What is the process for Hyatt to approve the Franchisee as the operator of a Caption By Hyatt Hotel?

Caption_By_Hyatt Franchise · 2025 FDD

Answer from 2025 FDD Document

4.2 Management of the Hotel.

  • (a) Franchisee or Management Company as Manager. Either a Management Company that Hyatt approves in writing or Franchisee (if Hyatt approves Franchisee to manage the Hotel) must at all times retain and exercise direct management control over all aspects of the Hotel's business and must be the employer of the Hotel's Core Management and other personnel, except for any members of Core Management that are overseen by an F&B Operator whom Hyatt approves. At Hyatt's option, before any of the Hotel's Core Management are engaged, Franchisee must submit to Hyatt the identity and qualifications of the proposed candidates. These personnel must be in place and working on behalf of the Hotel by the time period Hyatt specifies. Franchisee may not enter into a Management Arrangement without Hyatt's prior written approval of the Management Company, and Franchisee may not itself manage the Hotel without Hyatt's approval of Franchisee as the Hotel's operator. Hyatt will not unreasonably withhold its approval if the Management Company or Franchisee (as applicable) meets Hyatt's minimum qualifications, including Hyatt's then current operator approval fee, and ensures that its personnel attend and satisfactorily complete required brand standard training programs.
  • (b) Management Company Documents. As a condition of Hyatt's approval of any Management Company, the Management Company must (i) sign the documents Hyatt requires to protect its intellectual property rights and to reflect the Management Company's agreement to perform its management responsibilities and otherwise operate the Hotel in compliance with this Agreement (collectively, the "Management Company Documents"); and (ii) attend and successfully complete Hyatt's designated then current operator training programs for Brand Hotels, if any. The current version of the Management Company Documents is attached as Exhibit F. Hyatt may refuse to approve a Management Company that is a Competing Brand Owner. If Hyatt has approved a Management Company as of the Effective Date, or if Hyatt has approved Franchisee to manage the Hotel as of the Effective Date, then the approved Management Company (if applicable) is listed on Exhibit B-1.
  • (c) Revocation of Management Company Approval. If an approved Management Company or Franchisee (if Hyatt approves Franchisee to manage the Hotel)

at any time becomes a Competing Brand Owner, fails to attend and successfully complete mandatory training program(s), fails to meet Hyatt's minimum qualifications (as Hyatt may periodically modify them), or fails to comply with this Agreement (including any System Standards and/or, without limiting the terms of Section 4.8 below, if the Hotel remains in any remedial or non-compliant status under Hyatt's then-current Quality Assurance and Compliance Program for three (3) or more consecutive months), the Management Company Documents, or any conditions of operator approval previously imposed by Hyatt, then, without limiting Hyatt's other rights and remedies under this Agreement and applicable law, Hyatt may (i) revoke its approval of the Management Company (or of Franchisee) as the manager of the Hotel or (ii) as a condition of its continued approval, Hyatt may impose on the Management Company (or Franchisee) additional requirements, including participation in remedial training and other operational programs, at the Management Company's or Franchisee's expense. If Hyatt revokes its approval of the Management Company or of Franchisee as manager, then Franchisee must promptly terminate the Management Arrangement with that Management Company (if applicable) and either assume direct control of the Hotel's management and operation, if Hyatt approves Franchisee to manage the Hotel, or engage another Management Company that Hyatt has approved in writing.

Source: Item 22 — Contracts (FDD page 85)

What This Means (2025 FDD)

According to Caption By Hyatt's 2025 Franchise Disclosure Document, either a management company that Hyatt approves or the franchisee (if Hyatt approves the franchisee) must manage the hotel. Before engaging any of the hotel's core management, the franchisee must submit the identity and qualifications of the proposed candidates to Hyatt. These personnel must be in place and working by the time period Hyatt specifies.

The franchisee may not manage the hotel without Hyatt's approval of the franchisee as the hotel's operator. Hyatt will not unreasonably withhold its approval if the franchisee meets Hyatt's minimum qualifications, including Hyatt's then-current operator approval fee, and ensures that its personnel attend and satisfactorily complete required brand standard training programs. If Hyatt approves the franchisee to manage the hotel as of the effective date, then the approved franchisee is listed on Exhibit B-1.

If Hyatt approves a management company, the management company must sign documents to protect Hyatt's intellectual property rights and reflect the management company's agreement to perform its management responsibilities and operate the hotel in compliance with the agreement. The management company must also attend and successfully complete Hyatt's designated operator training programs for Brand Hotels, if any. Hyatt may refuse to approve a management company that is a competing brand owner.

If an approved management company or franchisee becomes a competing brand owner, fails to attend and complete mandatory training programs, fails to meet Hyatt's minimum qualifications, or fails to comply with the agreement, Hyatt may revoke its approval of the management company or franchisee as the manager of the hotel. As a condition of continued approval, Hyatt may impose additional requirements, including participation in remedial training and other operational programs, at the management company's or franchisee's expense. If Hyatt revokes its approval, the franchisee must terminate the management arrangement and either assume direct control of the hotel's management and operation, if Hyatt approves the franchisee to manage the hotel, or engage another management company that Hyatt has approved in writing.

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.