Hotel Management Agreement

Vietnam

Updated: Aug 31, 2021

21 clauses


Innovative Vietnamese Lawyers

Innovative Vietnamese Lawyers

Law firm

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Key description

  • It is merely an ever most detailed template hotel management agreement

Language

Categories

Industries

Covered clauses

Article 1 - Definitions

  • Definitions

Article 2 - Terms of Agreement

  • Operating Term

Article 3 - Operation of The Hotel

  • Representations by Lessee and Operator; Engagement of Operator

  • Standards of Operations

  • Limitations on Operator's Authority

  • Reservations Services and Revenue Management

  • Marketing

  • Consultations Between Lessee and Operator

  • Transactions With Affiliates and Other Relationships

  • Regional Manager

  • Certain Expenses

Article 4 - Independent Contractor

  • Operator Status

  • Employees

  • Employee Expenses

  • Employee Benefit Plans

  • Execution of Agreements

Article 5 - Indemnification

  • Indemnification By Operator

  • Limitations of Indemnification

  • Indemnification By Lessee

  • Survival of Indemnity

Article 6 - Budgets and Policy Meetings

  • Annual Plan

  • Budget Meetings

Article 7 - Operating Expenses

  • Payment of Operating Expenses

  • Operating Expenses Not an Obligation of Operator

Article 8 - Bank Accounts

  • Lessee Revenue

  • Operating Account

  • Ownership of Accounts

  • Exculpation of Operator

  • Reimbursement of Operator

  • Working Capital Funds

Article 9 - Books, Records and Statements

  • Books and Records

  • Statements

Article 10 - Operator's Fee and Transfers to Lessee

  • Payment of Operator's Fee

Article 11 - Repairs and Maintenance, Capital Improvements and Reserve For FF&F

  • Repair and Maintenance

  • Capital Improvements

  • Liens

  • Reserve For FF&F

Article 12 - Insurance

  • General

  • Workers’ Compensation and Other Employment Insurance

  • Approval of Companies and Cost by Lessee

  • Maintenance of Coverages

  • Waiver of Subrogation

  • Blanket Coverage

  • Employment Practice Liability

  • Cyber/Network/Privacy Liability

  • Liquor Liability

  • Automobile Liability

  • General Liability

  • Property

  • Crime

Article 13 - Property Taxes, Local Taxes, Levies and Other Assessments

  • Property Taxes

  • Lessee’s Right to Contest

Article 14 - Damage or Destruction - Condemnation

  • Damage

  • Condemnation

Article 15 - Use of Name

  • Name

Article 16 - Termination

  • Optional Termination

  • Sale of Hotel

  • Lessee Change of Control

  • Tax Law Change

  • Performance Standard

  • Operator Change of Control

  • Quality Assurance Reports

  • Satisfaction Scores

  • Reporting

  • Default or Termination of Concession and Lease Agreement

  • Termination Fees

  • Bookings Beyond Expiration of Term

Article 17 - Default And Remedies

  • Events of Default – Remedies

  • Rights Not Exclusive

  • Operator’s Rights to Perform

Article 18 - Notices

  • Notices

Article 19 - Assignment

  • No Assignment by Operator

  • Assignment by Lessee

Article 20 - Subordination

  • Subordination to Mortgage

  • Foreclosure

  • Estoppel Certificates

Article 21 - Miscellaneous

  • Further Documentation and Reporting Compliance

  • Captions

  • Successors and Assigns

  • Intentionally Deleted

  • Assumption of Post Termination Obligations

  • Entire Agreement

  • Governing Law

  • No Political Contributions

  • Eligible Independent Contractor

  • Time of the Essence

  • Offsets

  • Attorney’s Fees

  • Final Accounting

  • Franchisor Communications

  • Consent and Approval

  • Partial Invalidity

  • Disputes

  • Further Assurances

  • Waiver

  • Unavoidable Interruptions

  • Effect of Approval of Plans and Specifications

  • Prohibited Persons and Transactions

  • Confidentiality

  • No Third-Party Rights

  • No Representations as to Income or Financial Success of Hotel

  • Dispute Resolution

  • Termination of the Franchise Agreement

Exhibits

  • Hotel and Owner

  • Competitive Set for Hotel

  • Major Account Categories

  • Example of Monthly Transactions Report

  • Franchise Agreement for Hotel

  • Form of Approved Budget

  • Approved Budget (if finalized)

  • Example Incentive Fee Calculation


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