What does 'Services' refer to in the Caption By Hyatt agreement, and where are these services described?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
- p. "Services" means all tasks and services to be performed by Hyatt hereunder and described in Schedule 1.
1. Scope of Services.
- a.
Services.
This Agreement including Schedule 1 describes the Services that Hyatt shall provide to Owner hereunder, which shall include hosting and making available the Property Management System for use by Owner and its Authorized Users, and providing and maintaining the Hosted Hardware.
The Services shall also include providing upgrades and updates to: (A) the Third Party Software (to the extent provided by an applicable third party vendor and authorized for use by Hyatt); and (B) the Hosted Hardware (to the extent provided by an applicable third party vendor and authorized for use by Hyatt).
Installation and configuration services will be subject to a separate agreement.
During the Agreement Term, and in exchange for payment of the Fees described in this Agreement, Hyatt (or any authorized designee) shall provide the Property with certain "Services", as more specifically outlined in any of the Field Marketing Program Schedule, Central Sales Services Schedule, Revenue Management Services Schedule, Global Property Guest Services Schedule, Digital Ancillary Services Schedule, or schedule for any similar program offered by Hyatt in the future attached hereto (each individually, a "Schedule", and collectively the "Schedules"), and any and all Services provided by Hyatt under this Agreement shall be set forth in such a written Schedule attached to this Agreement.
The fee for the Services is a portion of and included in the System Services Charges (as defined in the Franchise Agreement). The fee for the Services will fluctuate monthly, subject to Section 6b of this Agreement.
Source: Item 23 — Receipts (FDD pages 85–349)
What This Means (2025 FDD)
According to Caption By Hyatt's 2025 Franchise Disclosure Document, 'Services' refers to the tasks performed by Hyatt under the Central Hotel Services by Hyatt Master Agreement. These services are detailed in Schedule 1 of the agreement, which includes hosting and providing the Property Management System for the owner and authorized users, as well as providing and maintaining the Hosted Hardware. The services also encompass upgrades and updates to the Third Party Software and Hosted Hardware, contingent on authorization from third-party vendors. Installation and configuration services are addressed in a separate agreement.
Specifically, the services are outlined in various schedules attached to the Central Hotel Services by Hyatt Master Agreement, including the Field Marketing Program Schedule, Central Sales Services Schedule, Revenue Management Services Schedule, Global Property Guest Services Schedule, and Digital Ancillary Services Schedule. Hyatt may update these services and related prices by providing an updated attachment to the relevant schedule, potentially via email or an intranet site for Hyatt-branded hotels.
The fees for these services are included as a portion of the System Services Charges, as defined in the Franchise Agreement, and are subject to monthly fluctuations as described in Section 6b of the agreement. It's important to note that the initial schedules may not always reflect the most current pricing or service benefits, and the owner is responsible for the fees set forth on Hyatt's then-current applicable schedules as of the Service Effective Date, including any subsequent updates. Despite Hyatt's provision of services, the owner retains sole responsibility for decisions related to the day-to-day operations of the property, including field marketing, sales, and revenue management. Hyatt reserves the right to suspend services if the owner fails to meet their obligations under the agreement or any applicable schedule.