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Hotel Partnership Agreement
"I need a Hotel Partnership Agreement for a 5-star luxury resort property in Bali, where an international hotel chain will operate our 200-room beachfront property starting March 2025, with specific provisions for spa facilities and multiple food & beverage outlets."
1. Parties: Identification of all contracting parties including hotel owner, operator, and any other relevant stakeholders
2. Background: Context of the agreement, including property details and parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Term and Renewal: Duration of the agreement and conditions for renewal
5. Appointment and Scope: Formal appointment of operator and scope of services
6. Brand Standards: Requirements for maintaining brand standards and quality levels
7. Operations and Management: Day-to-day operational responsibilities and management structure
8. Staff and Employment: Employment arrangements, responsibilities, and compliance with Indonesian labor laws
9. Financial Terms: Fee structure, payment terms, and financial obligations of all parties
10. Budgets and Financial Planning: Process for budget approval and financial planning requirements
11. Maintenance and Capital Expenditure: Responsibilities for property maintenance and capital improvements
12. Insurance and Liability: Required insurance coverage and allocation of liabilities
13. Intellectual Property: Usage rights and protection of brands, trademarks, and other IP
14. Representations and Warranties: Standard representations and warranties from all parties
15. Termination: Grounds for termination and consequences
16. Force Majeure: Provisions for unforeseen circumstances and their handling
17. Dispute Resolution: Process for resolving disputes under Indonesian law
18. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
19. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Pre-Opening Services: Used when the hotel is not yet operational, detailing responsibilities and fees for the pre-opening phase
2. Technical Services: Include when operator provides technical assistance for hotel development or renovation
3. Gaming Operations: Required if the hotel includes casino or gaming facilities
4. Mixed-Use Provisions: Include for properties with residential or retail components
5. FF&E Management: Detailed provisions for furniture, fixtures, and equipment if separately managed
6. Environmental Compliance: Enhanced environmental provisions for eco-certified or green hotels
7. Cultural Heritage Preservation: Required for properties in heritage buildings or cultural sites
8. Centralized Services: Include when operator provides centralized services across multiple properties
9. Third-Party Operators: Used when certain facilities (e.g., spa, restaurants) are operated by third parties
1. Property Description: Detailed description of the hotel property, land title, and facilities
2. Services Schedule: Comprehensive list of services to be provided by the operator
3. Fee Schedule: Detailed breakdown of all fees, including base fees, incentive fees, and other charges
4. Performance Tests: Metrics and standards for evaluating operator performance
5. Brand Standards Manual: Detailed requirements for maintaining brand standards
6. FF&E Standards: Specifications for furniture, fixtures, and equipment
7. Employee Handbook: Staff policies and procedures compliant with Indonesian labor law
8. Operating Budget Template: Format and requirements for annual operating budgets
9. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
10. Emergency Procedures: Protocols for handling emergencies and crisis situations
11. Local Compliance Requirements: Specific local permits and compliance requirements
12. Service Level Agreements: Detailed performance metrics for various operational aspects
Authors
Affiliate
Agreement Date
Annual Budget
Applicable Laws
Asset Manager
Base Fee
Brand
Brand Standards
Business Day
Capital Expenditure
Commencement Date
Competitor
Confidential Information
Contract Year
Control
Corporate Services
Default
Effective Date
Emergency
Employee(s)
FF&E
FF&E Reserve
Force Majeure Event
Fiscal Year
Gross Operating Profit
Gross Revenue
Hotel
Hotel Accounts
Hotel Management System
Hotel Services
Incentive Fee
Independent Operator
Insurance Requirements
Intellectual Property Rights
Initial Term
Key Money
Key Performance Indicators
License
Management Fees
Marketing Services
Material Adverse Effect
Net Operating Income
Operating Accounts
Operating Expenses
Operating Standards
Operating Supplies
Operating Term
Operator
Owner
Performance Test
Permits
Pre-Opening Period
Pre-Opening Services
Property
Proprietary Information
Renewal Term
RevPAR
Service Standards
Standards of Operation
Technical Services
Term
Termination Date
Territory
Third Party Operators
Transfer
Working Capital
Term and Renewal
Pre-Opening Services
Operating Standards
Brand Standards
Licenses and Permits
Management Services
Technical Services
Personnel and Employment
Operating Budget
Capital Expenditure
FF&E Requirements
Marketing and Promotion
Accounting and Reporting
Bank Accounts
Management Fees
Performance Standards
Insurance
Maintenance and Repair
Health and Safety
Compliance
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Force Majeure
Default and Remedies
Termination
Post-Termination
Assignment and Transfer
Representations and Warranties
Indemnification
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendments
Severability
Third Party Rights
Counterparts
Language Requirements
Environmental Compliance
Anti-Corruption
Local Community Relations
Hospitality
Real Estate
Tourism
Property Development
Hotel Management
Food and Beverage
Leisure and Entertainment
Property Investment
Facilities Management
Asset Management
Legal
Operations
Real Estate
Development
Asset Management
Finance
Human Resources
Compliance
Business Development
Brand Management
Technical Services
Property Management
Investment
Risk Management
Hotel General Manager
Chief Executive Officer
Chief Operating Officer
Director of Operations
Legal Counsel
Property Development Manager
Asset Manager
Investment Director
Head of Real Estate
Director of Acquisitions
Hotel Operations Director
Compliance Officer
Regional Director
Business Development Manager
Finance Director
Human Resources Director
Technical Services Director
Brand Manager
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