What does Caption By Hyatt warrant regarding the performance of its obligations under the agreement?
Caption_By_Hyatt Franchise · 2025 FDDAnswer from 2025 FDD Document
- a. Hyatt represents and warrants to Owner as follows:
- i. that it has the full right, power and authority to enter into this Agreement and that Hyatt's entering into this Agreement shall not result in a breach of or constitute a default under any agreement or instrument to which it is a party;
- ii. Hyatt shall comply with all applicable laws, enactments, orders and regulations in connection with the performance of its obligations hereunder;
- iii. all performance under this Agreement by Hyatt shall be in a professional, and workmanlike manner by appropriately qualified and experienced personnel, in accordance with industry standard practices and the provisions and requirements of this Agreement;
- iv. Hyatt shall maintain compliance with the PCI DSS for the Hosted System, including the security of Cardholder Data that Hyatt stores, processes or transmits on behalf of the Owner; and
- v. Hyatt shall implement a disaster recovery program and use commercially reasonable efforts to maintain such program.
- c. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY OR USE. WITHOUT PREJUDICE TO THE FOREGOING WARRANTIES OR ANY OF HYATT'S EXPRESS OBLIGATIONS UNDER THIS AGREEMENT, HYATT DOES NOT WARRANT OR GUARANTEE THAT THE HOSTED HARDWARE, PROPERTY MANAGEMENT SYSTEM, OR ANY OF THE SERVICES PROVIDED HEREUNDER WILL SATISFY OWNER'S REQUIREMENTS, OR THAT THE OPERATION OF SUCH WILL BE COMPLETELY UNINTERRUPTED OR COMPLETELY ERROR FREE.
Source: Item 23 — Receipts (FDD pages 85–349)
What This Means (2025 FDD)
According to the 2025 Caption By Hyatt Franchise Disclosure Document, Hyatt warrants several aspects of its obligations to the Owner. Specifically, Hyatt warrants that it possesses the full right, power, and authority to enter into the agreement, and that doing so will not breach any existing agreements. Hyatt also commits to complying with all applicable laws and regulations while fulfilling its obligations under the agreement.
Furthermore, Caption By Hyatt warrants that its performance under the agreement will be carried out in a professional and workmanlike manner, utilizing qualified and experienced personnel, and adhering to industry standard practices and the agreement's provisions. Hyatt also commits to maintaining compliance with the Payment Card Industry Data Security Standard (PCI DSS) for its hosted system, ensuring the security of cardholder data that it handles on behalf of the Owner. Finally, Hyatt warrants that it will implement and maintain a commercially reasonable disaster recovery program.
However, the warranties provided are in lieu of all other warranties, whether express or implied, including those related to merchantability, fitness for a particular purpose, or accuracy of use. While Hyatt commits to its express obligations, it does not guarantee that the hosted hardware, property management system, or any provided services will completely satisfy the Owner's requirements or operate without interruption or errors. This means that while Caption By Hyatt outlines specific performance standards and compliance measures, franchisees should be aware that the system's complete suitability and error-free operation are not guaranteed.