Regarding infringements or challenges to Copyrighted Materials or Confidential Information, with whom are Caption By Hyatt franchisees permitted to communicate?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Copyrighted Materials or Confidential Information, or of any person's claim of any rights in any Copyrighted Materials or Confidential Information, and not communicate with any person other than us, our affiliates, and our and their attorneys, and your attorneys, regarding any infringement, challenge, or claim. We and our affiliates may take the action we and they deem appropriate (including no action) and control exclusively any litigation or administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Copyrighted Materials or Confidential Information. You must sign any documents and take any other reasonable actions that, in the opinion of our and our affiliates' attorneys, are necessary or advisable to protect and maintain our and our affiliates' interests in any litigation or other proceeding or otherwise to protect and maintain our and our affiliates' interests in the Copyrighted Materials and Confidential Information. We will reimburse your reasonable out-of-pocket costs for taking any requested action. We need not participate in your defense nor indemnify you for damages and expenses you incur if you are a party to any administrative or judicial proceeding involving any Copyrighted Materials or if the proceeding is resolved unfavorably to you.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 68–71)
What This Means (2025 FDD)
According to Caption By Hyatt's 2025 Franchise Disclosure Document, franchisees must immediately notify Caption By Hyatt of any apparent infringement or challenge to their use of any Copyrighted Materials or Confidential Information, or of any person's claim of any rights in any Copyrighted Materials or Confidential Information.
The FDD specifies that franchisees are only permitted to communicate with Caption By Hyatt, its affiliates, their attorneys, and the franchisee's own attorneys regarding any infringement, challenge, or claim. This restriction ensures that Caption By Hyatt maintains control over any legal proceedings or actions related to its copyrighted materials and confidential information.
Caption By Hyatt and its affiliates have the right to take any action they deem appropriate, including no action, and will exclusively control any litigation or administrative proceeding. Franchisees are required to sign documents and take reasonable actions necessary to protect Caption By Hyatt's interests in any litigation or proceeding. Caption By Hyatt will reimburse the franchisee's reasonable out-of-pocket costs for taking any requested action. However, Caption By Hyatt is not obligated to participate in the franchisee's defense or indemnify them for damages and expenses if the franchisee is a party to any administrative or judicial proceeding involving Copyrighted Materials and the proceeding is resolved unfavorably to the franchisee.