Can a waiver granted under the Caption By Hyatt franchise agreement be revoked?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.3 Waiver of Obligations and Force Majeure. Hyatt and Franchisee may unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement only by a signed written instrument, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights Hyatt or Franchisee have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' prior written notice.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to the 2025 Caption By Hyatt Franchise Disclosure Document, any waiver of obligations or restrictions can be revoked. Both Caption By Hyatt and the franchisee can unilaterally waive or reduce obligations, but this must be done through a signed written instrument, which becomes effective upon delivery of written notice.
The waiver is not permanent. Caption By Hyatt retains the right to review the waiver continuously and can revoke it at any time, for any reason.
To revoke a waiver, Caption By Hyatt must provide the franchisee with ten days' prior written notice. This allows the franchisee time to prepare for the reinstatement of the original obligation or restriction. This clause ensures that waivers are not indefinite and that Caption By Hyatt can adjust its requirements as needed, while also providing the franchisee with a notice period to adjust to the change.