What disclaimers apply to Hyatt's consent to a transfer of The Standardx franchise, specifically regarding fairness, success guarantees, and claim waivers?
The_Standardx Franchise · 2025 FDDAnswer from 2025 FDD Document
Hyatt's consent to a transfer is not a representation of the fairness of the terms of any contract between Franchisee (or its Owners) and the transferee, a guarantee of the Hotel's or transferee's prospects of success, or a waiver of any claims Hyatt has against Franchisee (or its Owners) or of Hyatt's right to demand the transferee's full compliance with this Agreement or any other agreement with Franchisee or the transferee.
Source: Item 18 — OTHER INCOME (LOSS), NET (FDD pages 187–399)
What This Means (2025 FDD)
According to The Standardx's 2025 Franchise Disclosure Document, Hyatt's consent to a franchise transfer does not imply several guarantees or waivers. Specifically, Hyatt makes no representation regarding the fairness of the terms in any contract between the franchisee (or its owners) and the transferee. This means that Hyatt is not responsible for ensuring that the financial or contractual arrangements between the parties involved in the transfer are equitable.
Furthermore, Hyatt's consent is not a guarantee of the hotel's or the transferee's future success. The franchisor is not warranting that the new management or ownership will be profitable or successful. The document also states that Hyatt's consent does not waive any claims Hyatt may have against the franchisee (or its owners). This protects Hyatt's ability to pursue legal or financial claims against the original franchisee, even after the transfer is complete.
Finally, Hyatt retains the right to demand full compliance with the franchise agreement from the transferee. This ensures that the new franchisee adheres to all the terms and conditions of the original agreement, safeguarding Hyatt's brand standards and operational requirements. These disclaimers are typical in franchise agreements to limit the franchisor's liability and ensure that all parties understand the scope of Hyatt's involvement in the transfer process.