Restaurant Management Agreement for the United States

Restaurant Management Agreement Template for United States

A Restaurant Management Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which a professional management company operates a restaurant on behalf of its owner. This agreement outlines operational responsibilities, performance standards, compensation structures, and compliance requirements while adhering to federal, state, and local regulations governing food service establishments.

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What is a Restaurant Management Agreement?

The Restaurant Management Agreement serves as a comprehensive framework for delegating restaurant operations to professional management companies in the United States. This document is essential when restaurant owners seek to leverage external expertise for day-to-day operations while maintaining ownership. The agreement covers crucial aspects including operational standards, financial arrangements, regulatory compliance, staff management, and quality control measures. It's particularly relevant for establishments seeking professional management without franchising or selling their business, and must comply with various federal and state-level food service, employment, and business regulations.

What sections should be included in a Restaurant Management Agreement?

1. Parties: Identifies the management company and restaurant owner/operator

2. Background: Context of the agreement and basic premises

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Scope of manager's authority and duration of agreement

5. Manager's Duties and Responsibilities: Core operational responsibilities and service standards

6. Compensation and Fees: Management fees, performance bonuses, and payment terms

7. Operating Standards: Quality control and brand standards requirements

8. Compliance with Laws: Regulatory compliance obligations

9. Insurance Requirements: Mandatory insurance coverage specifications

10. Termination: Conditions for ending the agreement

What sections are optional to include in a Restaurant Management Agreement?

1. Non-Compete: Restrictions on competing businesses within specified territory and timeframe

2. Intellectual Property Rights: IP ownership and usage rights for branded concepts or proprietary systems

3. Employee Training: Specific training requirements and programs for restaurant staff

4. Marketing Obligations: Marketing responsibilities, budgets and brand promotion requirements

What schedules should be included in a Restaurant Management Agreement?

1. Schedule A - Property Description: Details of restaurant premises and facilities

2. Schedule B - Operating Budget: Annual operating budget and financial targets

3. Schedule C - Performance Metrics: KPIs and performance measurement criteria

4. Schedule D - Required Insurance: Detailed insurance requirements and coverage limits

5. Schedule E - Brand Standards: Detailed quality and operational standards

6. Schedule F - Fee Structure: Detailed breakdown of management fees and calculations

7. Schedule G - Required Licenses: List of required permits and licenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Food Safety and Health Regulations: Key regulations including FDA Food Code, state-specific food safety regulations, local health department requirements, and Food Safety Modernization Act (FSMA) compliance requirements

Labor Laws: Employment regulations including Fair Labor Standards Act (FLSA), National Labor Relations Act, state-specific labor laws, worker's compensation requirements, and Equal Employment Opportunity laws

Licensing and Permits: Required authorizations including state restaurant licenses, local business permits, liquor licenses, and food handler certifications

Health and Safety: Workplace safety requirements including OSHA regulations, fire safety codes, and Americans with Disabilities Act (ADA) compliance standards

Tax Regulations: Tax obligations including federal, state and local tax requirements, sales tax collection and reporting, and employment tax requirements

Environmental Regulations: Environmental compliance including waste disposal requirements, environmental health regulations, and grease trap maintenance requirements

Contract Law: Legal framework including state-specific contract laws, Uniform Commercial Code (UCC), and franchise laws where applicable

Insurance Requirements: Mandatory insurance coverage including general liability, workers' compensation, property, and food contamination insurance

Intellectual Property: IP protection requirements including trademark protection, trade secrets, and brand licensing requirements

Consumer Protection: Consumer rights and safety measures including truth in advertising, menu labeling requirements, and allergen disclosure requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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