What is the effective date of The Standardx Hosting Services Agreement?
The_Standardx Franchise · 2025 FDDAnswer from 2025 FDD Document
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | (the "Effective Date"), by and between | | | (Name of Franchisee) | | | , a(n) ("Owner") and | | | Hyatt Franchising, L.L.C., a Delaware limited liability company ("Hyatt"). | | | Hyatt and Owner may be referred to | | | herein individually as a "Party" or together as the "Parties." | | | WHEREAS, Owner owns or will own the [BRAND] Hotel, which is or will be located at, | | | , (the "Property"), and the Property is operated pursuant to a franchise agreement | | | between Owner and Hyatt (as it may be amended, "Franchise Agreement"); | | | WHEREAS, Owner has entered into an agreement with Oracle America, Inc. ("Oracle") for the licensing of | | | a property management system (the "License Agreement"); and | | | WHEREAS, in conjunction with the Franchise Agreement, Hyatt shall provide hosting and related services | | | in support of the Property Management System to the extent set forth herein. | | follows: | NOW, THEREFORE, in consideration of the representations and promises of the parties set forth below, and | | | other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as | | 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. | | | b. | | | Restrictions. Owner may not: (i) knowingly propagate, or allow propagation of, any virus, worms, | | | Trojan horses or other programming routine intended to damage any system or data; or (ii) knowingly store or allow | | | for storage of defamatory, trade libelous, or otherwise unlawful data. In addition, Owner must comply with all other | | | restrictions listed in the License Agreement. | | | c. | | | Suspension. | | | Hyatt, without prejudice to its other rights at law or in equity, may suspend the | | | Services: (i) upon a violation of any restriction or obligation listed in Section 1(b);
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, the Hosting Services Agreement is made this day of , 2025, referred to as the "Effective Date". The agreement is between Hyatt Franchising, L.L.C. and the Owner.
The agreement becomes effective upon this date and extends for an "Initial Term" of twelve months, unless terminated earlier according to its terms. Following the initial term, the agreement automatically renews for successive 12-month periods, defined as "Renewal Term", unless either party provides written notice of termination at least ninety days before the end of the current term.
This means that a The Standardx franchisee's obligations under the Hosting Services Agreement, including payment obligations, remain in effect regardless of whether the franchisee actually uses the Property Management System, Third Party Software, Hosted Hardware, Hosted System, or Services. The franchisee cannot transfer or assign the services to another party or sell information services using the system.