The Hotel Partnership Agreement serves as the foundational document governing the relationship between hotel property owners and professional hotel operators in Indonesia. This agreement is essential when property owners seek to partner with experienced hotel management companies to operate their properties under established brand standards and professional management practices. The document comprehensively covers operational, financial, and legal aspects of the hotel management relationship, ensuring compliance with Indonesian hospitality laws, tourism regulations, and business partnership requirements. It includes detailed provisions for brand standards, operational procedures, revenue sharing, employee management, and property maintenance, while addressing specific Indonesian regulatory requirements such as local ownership rules, tourism licenses, and employment regulations. The agreement is particularly relevant for new hotel developments, rebranding exercises, or changes in hotel management, providing a clear framework for successful hotel operations while protecting the interests of all parties involved.
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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
Relevant legal definitions
Clauses
Relevant Industries
Hospitality
Real Estate
Tourism
Property Development
Hotel Management
Food and Beverage
Leisure and Entertainment
Property Investment
Facilities Management
Asset Management
Relevant Teams
Legal
Operations
Real Estate
Development
Asset Management
Finance
Human Resources
Compliance
Business Development
Brand Management
Technical Services
Property Management
Investment
Risk Management
Relevant Roles
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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