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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
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