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Hotel Management Contract
1. Parties: Identification of the Hotel Owner and the Hotel Management Company
2. Background: Context of the agreement, including property details and purpose of the management arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Term: Scope of manager's appointment, duration of the agreement, and renewal terms
5. Manager's Rights and Obligations: Comprehensive outline of the management company's responsibilities and authority
6. Owner's Rights and Obligations: Details of the owner's responsibilities, including funding obligations and owner approvals
7. Staff and Employment: Employment arrangements, staff policies, and allocation of employment responsibilities
8. Operating Standards: Required service levels, brand standards, and quality requirements
9. Budgets and Business Plans: Process for preparing, approving, and implementing annual budgets and business plans
10. Financial Arrangements: Management fees, expense allocations, and financial reporting requirements
11. FF&E and Capital Expenditure: Provisions for furniture, fixtures, equipment, and capital improvements
12. Insurance: Required insurance coverage and allocation of insurance responsibilities
13. Intellectual Property: Usage of brands, trademarks, and other intellectual property
14. Termination: Grounds for termination, termination process, and post-termination obligations
15. Indemnification: Mutual indemnification provisions and liability limitations
16. Governing Law and Dispute Resolution: Choice of law, jurisdiction, and dispute resolution mechanisms
1. Non-Compete: Restrictions on manager operating competing hotels within specified area - include when exclusivity is required
2. Performance Test: Specific performance metrics and consequences of failure - include for larger or luxury properties
3. Force Majeure: Provisions for extraordinary events affecting operations - particularly relevant post-COVID
4. Environmental Compliance: Specific environmental obligations - include for properties with significant environmental impact
5. Mixed-Use Provisions: Special provisions for hotels part of mixed-use developments - include when applicable
6. Residential Component: Provisions for managing residential units - include for properties with serviced apartments
7. Casino/Gaming: Special provisions for gaming operations - include for properties with casino facilities
8. Data Protection: Detailed GDPR compliance provisions - include when extensive customer data processing occurs
1. Property Description: Detailed description of the hotel property, including legal description and facilities
2. Brand Standards Manual: Detailed brand and operating standards required by the management company
3. FF&E Specifications: Detailed specifications for furniture, fixtures, and equipment
4. Initial Budget: First year's operating budget and business plan
5. Key Performance Indicators: Detailed performance metrics and calculation methodologies
6. Employee Handbook: Staff policies and procedures
7. Technical Services Agreement: Specifications for technical services and support
8. Service Level Agreements: Detailed service standards for different aspects of hotel operation
9. Insurance Requirements: Detailed insurance coverage requirements and specifications
10. Fee Structure: Detailed breakdown of management fees, including calculations and examples
Authors
Adjusted Gross Operating Profit
Annual Budget
Annual Plan
Applicable Laws
Base Fee
Brand
Brand Standards
Business Day
Capital Expenditure
Centralized Services
Commencement Date
Competitive Set
Confidential Information
Corporate Services
Data Protection Laws
Effective Date
Emergency
Employee Costs
FF&E
FF&E Reserve
Force Majeure Event
Gross Operating Profit
Gross Revenue
Group Services
Hotel
Hotel Employees
Hotel Systems
Incentive Fee
Initial Term
Intellectual Property Rights
Inventories
Key Money
Key Performance Indicators
Management Fees
Manager
Operating Accounts
Operating Expenses
Operating Standards
Operating Supplies
Operating Term
Owner
Performance Test
Permitted Encumbrances
Pre-Opening Period
Pre-Opening Services
Proprietary Information
Renewal Term
RevPAR
Service Level Standards
Technical Services
Term
Territory
Working Capital
Term and Renewal
Management Authority
Performance Standards
Brand Standards
Operating Standards
Financial Management
Budgeting
Management Fees
Staff and Employment
Operating Expenses
Capital Expenditure
FF&E
Maintenance and Repair
Marketing and Promotion
Intellectual Property
Insurance
Indemnification
Force Majeure
Termination
Assignment
Confidentiality
Data Protection
Non-Competition
Dispute Resolution
Governing Law
Health and Safety
Environmental Compliance
Reporting Requirements
Audit Rights
Property Access
Centralized Services
Guest Data
Performance Testing
Change Control
Notices
Representations and Warranties
Severability
Entire Agreement
Third Party Rights
Compliance with Laws
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