Under what circumstances does the Caption By Hyatt warranty NOT apply to the IT Project Management Services?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
er 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
PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, INTEGRATION, SECURITY, SYSTEM UPTIME, DATA INTEGRITY, OR TITLE.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to the 2025 Caption By Hyatt Franchise Disclosure Document, Hyatt makes no warranties or representations regarding IT Project Management Services under specific conditions. These include situations involving software, equipment, or goods manufactured, developed, or provided by parties other than Hyatt, including the franchisee. The warranty also does not apply if the IT Project Management Services are used in a manner that contradicts Hyatt's instructions or in combination with goods or services not delivered by Hyatt.
The warranty is void if defects are caused by the franchisee or due to events outside of Hyatt's control. Furthermore, after the warranty period expires, the franchisee accepts the IT Project Management Services in their "AS-IS" condition. Hyatt also disclaims any implied warranties related to system disruptions, security breaches, or impairments, and will not be liable for any loss or corruption of data, or network insecurity.
In essence, Caption By Hyatt is not responsible for issues arising from third-party products, misuse of the IT Project Management Services, franchisee-caused defects, or external events beyond its control. This places a responsibility on the franchisee to ensure proper use and maintenance of the systems, as well as careful selection and management of third-party vendors. Franchisees should be aware of these limitations and ensure they have appropriate safeguards and support in place to mitigate these risks.
This is a fairly standard practice in franchising, where franchisors often limit their liability for aspects outside of their direct control. However, prospective Caption By Hyatt franchisees should carefully evaluate their ability to manage these responsibilities and consider obtaining their own insurance or service agreements to cover potential issues not covered by Hyatt's warranty.