For The Standardx franchise agreement, what specific articles or sections of the Franchise Agreement are explicitly incorporated by reference into the agreement?
The_Standardx Franchise · 2025 FDDAnswer from 2025 FDD Document
under Section 8.3 of the Franchise Agreement), any other agreement, or applicable law. ARTICLE VIII, ARTICLE XIV (including, without limitation, the arbitration provisions) and ARTICLE XVIII of the Franchise Agreement, entitled "Relationship of Parties and Indemnification," "Dispute Resolution," and "General," respectively, are incorporated by reference in this Rider and will govern all aspects of Hyatt's and Management Company's relationship and this Rider as if fully restated within the text of this Rider, with all references to "Franchisee" interpreted as references to Management Company.
9. Indemnification and Limitation of Liability.
- a. IF ANY, HYATT'S INDEMNIFICATION OBLIGATIONS IN THE FRANCHISE AGREEMENT ARE INCORPORATED BY THIS REFERENCE INTO THIS AGREEMENT.
- b. IF ANY, OWNER'S INDEMNIFICATION OBLIGATIONS IN THE FRANCHISE AGREEMENT ARE INCORPORATED BY THIS REFERENCE INTO THIS AGREEMENT.
11. Incorporation of Franchise Agreement Provisions.
The article entitled Dispute Resolution and the sections entitled Notices, and Governing Law of the Franchise Agreement (if any and even if identified differently) are incorporated by this reference into this Agreement. Capitalized terms used herein shall have the meanings ascribed to them in this Agreement or in any Schedules attached hereto, as may be updated or supplemented by Hyatt in writing from time to time. All other capitalized terms used but not defined herein shall have the meanings ascribed to them in the Franchise Agreement and are incorporated herein by reference.
15.
Incorporation of Franchise Agreement Provisions.
Articles XIV, XVII and XVIII of the Franchise Agreement, entitled Dispute Resolution (including, but not limited to Arbitration), Notices and General, respectively, are incorporated by this reference into this Agreement.
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, several articles and sections of the Franchise Agreement are explicitly incorporated by reference into other agreements related to the franchise. Specifically, in the context of a rider to the confidentiality agreement for use in Rhode Island, Article VIII, Article XIV (including arbitration provisions), and Article XVIII of the Franchise Agreement are incorporated by reference. These articles are entitled "Relationship of Parties and Indemnification," "Dispute Resolution," and "General," respectively. This incorporation means that these sections of the Franchise Agreement govern aspects of the relationship between Hyatt (or its Management Company) and the franchisee (interpreted as the Management Company in this context) as if they were fully stated within the rider itself.
Additionally, the document mentions that any indemnification obligations of Hyatt and the Owner in the Franchise Agreement are incorporated by reference into another agreement. Furthermore, the article entitled Dispute Resolution, the sections entitled Notices, and Governing Law of the Franchise Agreement are also incorporated by reference. Articles XIV, XVII and XVIII of the Franchise Agreement, entitled Dispute Resolution (including, but not limited to Arbitration), Notices and General, respectively, are incorporated by this reference into this Agreement.
This practice of incorporating specific articles and sections allows The Standardx to maintain consistency and avoid redundancy across various agreements. For a prospective franchisee, this means that certain key provisions of the Franchise Agreement, such as those dealing with dispute resolution, indemnification, and general terms, will also apply to other related agreements they may enter into. It is important for franchisees to carefully review these incorporated sections to understand their rights and obligations under all agreements related to the franchise.