[{"data":1,"prerenderedAt":518},["ShallowReactive",2],{"document-hotel-management-agreement-D13984":3},{"document":4,"label":23,"preview":11,"thumb":24,"thumb600":25,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":26,"breadcrumb":30,"related":38,"customDescModule":173,"customdescription":6,"mdFm":174,"mdProseHtml":517},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"HOTEL MANAGEMENT AGREEMENT This Hotel Management Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [HOTEL OWNER NAME] (the \"Owner\"), an individual/entity with its principal place of residence/business located at: [YOUR COMPLETE ADDRESS] AND: [MANAGEMENT COMPANY NAME] (the \"Manager\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, the Owner owns the hotel property located at [HOTEL ADDRESS] (the \"Hotel\"); WHEREAS, the Owner desires to engage the Manager to operate and manage the Hotel on behalf of the Owner, and the Manager agrees to provide such services in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties hereto agree as follows: APPOINTMENT OF MANAGER Engagement: The Owner hereby engages the Manager to operate, supervise, and manage the Hotel on behalf of the Owner, and the Manager accepts such appointment, subject to the terms and conditions of this Agreement. Exclusive Management: The Manager shall have the exclusive right and authority to manage the Hotel during the term of this Agreement. SCOPE OF SERVICES 2.1 Management Services: The Manager agrees to provide day-to-day management of the Hotel, including but not limited to the following: Supervision of all Hotel staff, including hiring, training, and terminating employees as necessary. Management of all Hotel operations, including front desk, housekeeping, food and beverage, and maintenance. Financial management, including preparation of budgets, management of accounts receivable and payable, payroll, and tax compliance. Marketing and promotion of the Hotel, including advertising, pricing strategies, and reservation management. Compliance with all applicable laws and regulations related to the operation of the Hotel. 2.2 Purchasing Authority: The Manager is authorized to purchase goods and services necessary for the operation of the Hotel, provided such purchases are within the approved budget and consistent with the Hotel's operating needs. TERM OF AGREEMENT 3.1 Initial Term: This Agreement shall commence on [START DATE] and continue for a period of [NUMBER OF YEARS] years, unless terminated earlier in accordance with the terms of this Agreement. 3.2 Renewal: Upon expiration of the initial term, this Agreement may be renewed for additional [NUMBER OF YEARS] year terms by mutual written agreement of the Parties. MANAGEMENT FEES 4.1 Management Fee: The Owner agrees to pay the Manager a management fee of [PERCENTAGE OR AMOUNT] of the Hotel's gross revenues per month for the management services provided under this Agreement. 4.2 Incentive Fee: In addition to the base management fee, the Manager shall be entitled to an incentive fee of [PERCENTAGE OR AMOUNT] of the Hotel's net operating income (NOI) in excess of [SPECIFIED THRESHOLD] for the applicable fiscal year. 4.3 Payment Terms: The management fee and incentive fee, if applicable, shall be payable [MONTHLY/QUARTERLY] within [NUMBER OF DAYS] days of the close of each accounting period. OWNER RESPONSIBILITIES 5.1 Access to Hotel: The Owner agrees to provide the Manager with access to the Hotel premises and facilities at all reasonable times to allow the Manager to perform its duties under this Agreement. 5.2 Approval of Budget: The Owner shall review and approve the annual operating budget prepared by the Manager. Any significant deviation from the approved budget must be pre-approved by the Owner. 5.3 Capital Expenditures: The Owner is responsible for funding any major capital improvements, repairs, or renovations required at the Hotel, unless otherwise agreed. FINANCIAL MANAGEMENT 6.1 Bank Accounts: The Manager shall maintain separate bank accounts for the Hotel's operations. All revenue generated from the operation of the Hotel shall be deposited into these accounts, and all operating expenses shall be paid from these accounts. 6",null,"Hotel Management Agreement","5",513,"doc","https://templates.business-in-a-box.com/imgs/1000px/hotel-management-agreement-D13984.png","https://templates.business-in-a-box.com/imgs/250px/13984.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13984.xml",{"title":15,"description":6},"hotel management agreement",[17,20],{"label":18,"url":19},"Human Resources","/templates/human-resources/",{"label":21,"url":22},"Job Descriptions","/templates/job-descriptions/","Hotel Management Agreement Template","https://templates.business-in-a-box.com/imgs/400px/13984.png","https://templates.business-in-a-box.com/imgs/600px/13984.png",[27,17,20],{"label":28,"url":29},"Templates","/templates/",[31,32,35],{"label":28,"url":29},{"label":33,"url":34},"Legal Agreements","/templates/business-legal-agreements/",{"label":36,"url":37},"Services & Consulting","/templates/services-and-consulting/",[39,43,47,51,55,59,63,67,71,75,79,83,87,101,116,130,144,157],{"label":40,"url":41,"thumb":42,"extension":10},"Hotel Standard Operating Procedure","/template/hotel-standard-operating-procedure-D13703","https://templates.business-in-a-box.com/imgs/250px/13703.png",{"label":44,"url":45,"thumb":46,"extension":10},"Exclusive Management Agreement","/template/exclusive-management-agreement-D12826","https://templates.business-in-a-box.com/imgs/250px/12826.png",{"label":48,"url":49,"thumb":50,"extension":10},"Investment Management Agreement","/template/investment-management-agreement-D13990","https://templates.business-in-a-box.com/imgs/250px/13990.png",{"label":52,"url":53,"thumb":54,"extension":10},"Service Management Agreement","/template/service-management-agreement-D14054","https://templates.business-in-a-box.com/imgs/250px/14054.png",{"label":56,"url":57,"thumb":58,"extension":10},"Management Agreement","/template/management-agreement-D163","https://templates.business-in-a-box.com/imgs/250px/163.png",{"label":60,"url":61,"thumb":62,"extension":10},"Project Management Agreement","/template/project-management-agreement-D1195","https://templates.business-in-a-box.com/imgs/250px/1195.png",{"label":64,"url":65,"thumb":66,"extension":10},"Property Management Agreement","/template/property-management-agreement-D1196","https://templates.business-in-a-box.com/imgs/250px/1196.png",{"label":68,"url":69,"thumb":70,"extension":10},"Management Services Agreement","/template/management-services-agreement-D551","https://templates.business-in-a-box.com/imgs/250px/551.png",{"label":72,"url":73,"thumb":74,"extension":10},"Construction Management Agreement","/template/construction-management-agreement-D13935","https://templates.business-in-a-box.com/imgs/250px/13935.png",{"label":76,"url":77,"thumb":78,"extension":10},"Talent Management Agreement","/template/talent-management-agreement-D14073","https://templates.business-in-a-box.com/imgs/250px/14073.png",{"label":80,"url":81,"thumb":82,"extension":10},"Management and Administrative Services Agreement","/template/management-and-administrative-services-agreement-D164","https://templates.business-in-a-box.com/imgs/250px/164.png",{"label":84,"url":85,"thumb":86,"extension":10},"Branch Management Agreement (to Establish & Manage)","/template/branch-management-agreement-to-establish-manage-D148","https://templates.business-in-a-box.com/imgs/250px/148.png",{"description":88,"descriptionCustom":6,"label":89,"pages":90,"size":9,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":96,"keywords":95,"url":100},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","6","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":95,"description":6},"service agreement",[97,99],{"label":33,"url":98},"business-legal-agreements",{"label":33,"url":98},"/template/service-agreement-D12711",{"description":102,"descriptionCustom":6,"label":103,"pages":104,"size":9,"extension":10,"preview":105,"thumb":106,"svgFrame":107,"seoMetadata":108,"parents":110,"keywords":109,"url":115},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":109,"description":6},"non disclosure agreement nda",[111,112],{"label":33,"url":98},{"label":113,"url":114},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":117,"descriptionCustom":6,"label":118,"pages":90,"size":119,"extension":10,"preview":120,"thumb":121,"svgFrame":122,"seoMetadata":123,"parents":124,"keywords":128,"url":129},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[125],{"label":126,"url":127},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":131,"descriptionCustom":6,"label":132,"pages":133,"size":134,"extension":10,"preview":135,"thumb":136,"svgFrame":137,"seoMetadata":138,"parents":139,"keywords":142,"url":143},"JOINT VENTURE AGREEMENT This Joint Venture Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"First Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND JOINT VENTURER NAME] (the \"Second Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] This Agreement is entered by First Joint Venturer and Second Joint Venturer, herein after collectively referred to as the \"Joint Venturers\", for the purpose of performing: [DESCRIBE JOINT VENTURE]. WITNESSETH: WHEREAS, the parties are desirous of forming a Joint Venture (the \"Venture\"), under the laws of the [State/Province] of [STATE/PROVINCE] by execution of this Agreement for the purposes set forth herein and are desirous of fixing and defining between themselves their respective responsibilities, interests, and liabilities in connection with the performance of the before mentioned project; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties herein agree to constitute themselves as Joint Venturers, henceforth, \"Venturers\" for the purposes before mentioned, and intending to be legally bound hereby, the parties hereto, after first being duly sworn, do covenant, agree and certify as follows: DEFINITIONS \"Affiliate\" shall refer to (i) any person directly or indirectly controlling, controlled by or under common control with another person, (ii) any person owning or controlling 10% or more of the outstanding voting securities of such other person, (iii) any officer, director or other partner of such person and (iv) if such other person is an officer, director, joint Venturer or partner, any business or entity for which such person acts in any such capacity. \"Venturers\" shall refer to [VENTURE NAME] Inc., and any successor(s) as may be designated and admitted to the Venture. \"Internal Revenue Code\", \"Code\" or \"I.R.C.\" shall refer to the current and applicable Internal Revenue Code. \"Net Profits and Net Losses\" means the taxable income and loss of the Venture, except as follows: [DESCRIBE] The \"Book\" value of an asset shall be substituted for its adjusted tax basis if the two differ, but otherwise Net Profits and Net Losses shall be determined in accordance with federal income tax principles. \"Project\" shall refer to that certain [DESCRIBE] project known as [NAME]. \"Treasury Regulations\" shall refer to those regulations promulgated by the Department of the Treasury with respect to certain provision of Internal Revenue Code. \"Percentage of Participation\" shall refer to that figure set forth in Exhibit A. FORMATION, NAME, AND PRINCIPLE PLACE OF BUSINESS Formation (a) The Venturers do hereby form a joint venture pursuant to the laws of the State of [STATE/PROVINCE] in order for the Venture to carry on the purposes for which provision is made herein. (b) The Ventures shall execute such certificates as may be required by the laws of the [State/Province] of [STATE/PROVINCE] or of any other state in order for the Venture to operate its business and shall do all other acts and things requisite for the continuation of the Venture as a joint venture pursuant to applicable law. Name The Name and style under which the Venture shall be conducted is: [DESCRIBE]. Principal place of business The Venture shall maintain its principal place of business at [FULL ADDRESS]. The Venture may re-locate its office from time to time or have additional offices as the Venturers may determine. PURPOSE OF THE JOINT VENTURE The business of the Venture shall be to perform: [DESCRIBE], a project having the Contract # , being entitled, and being in a dollar amount of [AMOUNT], in accordance with the contract documents for the Project and all such other business incidental to the general purposes herein set forth. TERM The term of the Venture shall commence as of the date hereof and shall be terminated and dissolved upon the earliest to occur of: (i) completion of the Project and receipt of all sums due the Venture by the Owner, [OWNER NAME] pursuant thereto and payment of all laborers and material men employed by the Venture in connection with the project; (ii) [DATE]; (iii) the unanimous agreement of the Ventures; or (iv) the order of a court of competent jurisdiction. PERCENTAGE OF PARTICIPATION Description Except as otherwise provided in sections 6.0 and 9.0 hereof, the interest of the Parties in any gross profits and their respective shares in any losses and/or liabilities that may result from the filing of a joint bid and/or the performance of the Construction Contract, and their interests in all property and equipment acquired and all money received in connection with the performance of the Contract shall be as follows: [Name Joint Venture Partner Percentage] Losses The Parties agree that in the event any losses arise out of or results from the performance of the Project, each Venturer shall assume and pay the share of the losses that is equal to the percentage of participation. Liabilities If for any reason, a Venturer sustains any liabilities or is required to pay any losses arising out of or directly connected with the Project, or the execution of any surety bonds or indemnity agreements in connection therewith, which are in excess of its Percentage of Participation, in the Joint Venture, the other Venturer shall promptly reimburse such Venturer this excess, so that each and every member of the Joint Venturer will then have paid its proportionate share of such losses to the full extent of its Percentage of Participation. Indemnities The Venturers agree to indemnify each other and to hold the other harmless from, any and all losses of the Joint Venture that are in excess of such other Venturer's Percentage of Participation. Provided that the provisions of this subsection shall be limited to losses that are directly connected with or arise out of the performance of the Project and/or the execution of any bonds or indemnity agreements in connection therewith and shall not be relate to or include any incidental, indirect or consequential losses that may be sustained or suffered by a Party. Duration The Parties shall from time to time execute such bonds and indemnity agreements, including applications there and other documents that may be necessary in connection with the performance of the Project. Provided however, that the liability of each of the Parties under any agreements to indemnify a surety company or surety companies shall be limited to the percentage of the total liability assumed by all the Parties under such indemnity agreements that is equal to the Party's Percentage of Participation. Initial contribution of the venture (a) The Venturers shall contribute the Property to the Venture and their Capital Account shall each be credited with the appropriate value of such contribution in accordance with their Venture interests. (b) Except as otherwise required by law or this Agreement, the Venturers shall not be required to make any further capital contributions to the Venture. Venture interests Upon execution of this Agreement, the Venturers shall each own the following interests in the Venture: Joint Venture Partner Percentage Return of capital contributions (a) No Venturer shall have the right to withdraw his capital contributions or demand or receive the return of his capital contributions or any part thereof, except as otherwise provided in this Agreement. (b) The Venturers shall not be personally liable for the return of capital contributions or any part thereof, except as otherwise provided in this Agreement. (c) The Venture shall not pay interest on capital contributions of any Venturer.","Joint Venture Agreement","7",70,"https://templates.business-in-a-box.com/imgs/1000px/joint-venture-agreement-D889.png","https://templates.business-in-a-box.com/imgs/250px/889.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#889.xml",{"title":6,"description":6},[140,141],{"label":33,"url":98},{"label":33,"url":98},"joint venture agreement","/template/joint-venture-agreement-D889",{"description":145,"descriptionCustom":6,"label":146,"pages":104,"size":9,"extension":10,"preview":147,"thumb":148,"svgFrame":149,"seoMetadata":150,"parents":152,"keywords":155,"url":156},"[DATE] [CONTACT NAME] [ADDRESS] [ADDRESS 2] [CITY, STATE/PROVINCE] [ZIP/POSTAL CODE] SUBJECT: LETTER OF INTENT-ACQUISITION OF BUSINESS Dear [CONTACT NAME]: This letter (\"Letter of Intent\") sets forth the basic preliminary terms between the Buyer or his nominee and yourselves regarding the purchase of the [SPECIFY] business (the \"Business\") carried on by yourselves. Except as specifically set forth herein, this Letter of Intent shall not constitute an agreement between the parties and no agreement shall be deemed to exist until execution of a definitive purchase agreement. It is proposed that Buyer will acquire certain assets of the Business which Buyer believes to be necessary to the future of the Business, including the warehouse in [CITY/STATE] in which [COMPANY NAME] the Company has invested [AMOUNT] in cash and which has been financed by a mortgage loan of approximately [AMOUNT] granted by the [SPECIFY COMPANY] [CITY/STATE]. Buyer understands that the said warehouse has no other charges or liabilities affecting it other than the said mortgage loan. Buyer may either purchase the warehouse outright or enter into a lease-purchase or instalment transfer of ownership which is satisfactory to both parties. The gross purchase price for the said warehouse will be [AMOUNT]. Buyer may purchase or lease barrels and other equipment currently owned by the Company which are necessary to operate the Business, on a cash or instalment basis agreeable to both parties. The specific assets to be purchased and the amounts to be paid by Buyer in connection with this transaction remain to be negotiated by the parties. This Letter of Intent also evidences the intentions of the parties with respect to the following agreements: Buyer will enter into a [NUMBER]-year employment agreement with [COMPANY NAME], providing for the Company will be responsible for the purchase of [SPECIFY] for Buyer. The agreement will contain the customary terms and conditions found in employment agreements in similar transactions and will provide for the usual non-competition and non-solicitation covenants to be entered into by the Company in favour of Buyer. It is expressly understood that if the contemplated transaction is consummated, the aggregate amount of commission paid or payable to yourselves (net of reasonable expenses acceptable to Buyer) in respect of all purchases of [SPECIFY] made through you from the date of this Letter of Intent to the date of closing, with the exception of commissions earned on the [NUMBER] truckloads of [SPECIFY] to be delivered to Buyer during the week of [DATE] to [DATE], will be applied against remuneration payable to the Company in the first year of his employment agreement. If the contemplated transaction is not consummated, all such commissions paid or payable will be treated as commissions. Buyer will enter into a [NUMBER]-year employment agreement with [EMPLOYEE NAME], providing for the payment of a gross base salary of [ANNUAL SALARY] per year, to be paid weekly, subject to annual review. [EMPLOYEE NAME] will be President of the Business and the employment agreement will provide for health benefits, automobile, expenses and bonus arrangements","Letter of Intent_Acquisition of Business","https://templates.business-in-a-box.com/imgs/1000px/letter-of-intent_acquisition-of-business-D5197.png","https://templates.business-in-a-box.com/imgs/250px/5197.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#5197.xml",{"title":151,"description":6},"letter of intent_acquisition of business",[153,154],{"label":33,"url":98},{"label":33,"url":98},"letter intent_acquisition business","/template/letter-of-intent_acquisition-of-business-D5197",{"description":158,"descriptionCustom":6,"label":159,"pages":160,"size":9,"extension":10,"preview":161,"thumb":162,"svgFrame":163,"seoMetadata":164,"parents":166,"keywords":171,"url":172},"CONSULTING AGREEMENT This Consulting Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [CONSULTANT NAME] (the \"Consultant\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern. In consideration of the foregoing and of the mutual promises set forth herein, and intending to be legally bound, the parties hereto agree as follows: RECITALS Consultant has expertise in the area of the Company's business and is willing to provide consulting services to the Company. The Company is willing to engage Consultant as an independent contractor, and not as an employee, on the terms and conditions set forth herein. The Company desires to obtain the services of Consultant by means of services provided by Consultant's employees dispatched by Consultant to provide services to Company hereunder (\"Agents\"), on its own behalf and on behalf of all existing and future Affiliated Companies (defined as any corporation or other business entity or entities that directly or indirectly controls, is controlled by, or is under common control with the Company), and Consultant desires to provide consulting services to the Company upon the following terms and conditions. The Company has spent significant time, effort, and money to develop certain Proprietary Information (as defined below), which the Company considers vital to its business and goodwill. The Proprietary Information will necessarily be communicated to or acquired by Consultant and its Agents in the course of providing consulting services to the Company, and the Company desires to obtain the services of Consultant, only if, in doing so, it can protect its Proprietary Information and goodwill. SERVICES Consultant agrees to perform for Company the services listed in the Scope of Services section in Exhibit A, attached hereto and executed by both Company and Consultant. Such services are hereinafter referred to as \"Services.\" Company agrees that consultant shall have ready access to Company's staff and resources as necessary to perform the Consultant's services provided for by this contract. CONSULTING PERIOD Basic Term The Company hereby retains the Consultant and Consultant agrees to render to the Company those services described in Exhibit A for the period (the \"Consulting Period\") commencing on the date of this Agreement and ending upon the earlier of (i) [APPLICABLE DATE], (the \"Term Date\"), and (ii) the date the Consulting Period is terminated in accordance with Section 7. The Company shall pay the Consultant the compensation to which it is entitled under Section 5 through the end of the Consulting Period, and, thereafter, the Company's obligations hereunder shall end. Renewal Subject to Section 7, the Consulting Period will be automatically renewed for an additional [AGREED UPON NUMBER OF MONTHS] month period (without any action by either party) on the Term Date and on each anniversary thereof, unless one party gives to the other written notice [NUMBER] days in advance of the beginning of any [AGREED UPON NUMBER OF MONTHS] month renewal period that the Consulting Period is to be terminated, provided, that in no event shall the Consulting Period extend beyond [DEADLINE DATE]. Either party's right to terminate the Consulting Period, instead of renewing the Agreement, shall be with or without cause. DUTIES AND RESPONSIBILITIES Consultant hereby agrees to provide and perform for the Company those services set forth on Exhibit A attached hereto. Consultant shall devote its best efforts to the performance of the services and to such other services as may be reasonably requested by the Company and hereby agrees to devote, unless otherwise requested in writing by the Company, (a minimum of at least [AGREED UPON NUMBER OF HOURS] hours of service per week/or assign [AGREED UPON NUMBER OF INDIVIDUALS] individuals to provide services to the Company). Consultant shall use its best efforts to furnish competent Agents possessing a sufficient working knowledge of the Company's research, development and products to fulfill Consultant's obligations hereunder. Any Agent of Consultant who, in the sole opinion of the Company, is unable to adequately perform any services hereunder shall be replaced by Consultant within [AGREED UPON NUMBER OF DAYS] days after receipt of notice from the Company of its desire to have such Agent replaced. Consultant shall use its best efforts to comply with, and to ensure that each of its Agents comply with, all policies and practices regarding the use of facilities at which services are to be perform hereunder. Consultant agrees and shall cause each of its Agents to agree to the Acknowledgement and Inventions Assignment attached hereto as Exhibit B, and Consultant shall deliver a signed original of such Acknowledgement and Inventions Assignment to Company prior to such Agent's commencement of the provision of services for the Company. Consultant shall obtain for the benefit of the Company, as an intended third-party beneficiary thereof, prior to the performance of any services hereunder by any of the Agents, the written agreement of Agent to be bound by terms no less restrictive than the terms of Sections 2, 5, 6, and 7 of this Agreement. Personnel supplied by Consultant to provide services to Company under this Agreement will be deemed Consultant's employees or agents and will not for any purpose be considered employees or agents of Company. Consultant assumes full responsibility for the actions of such personnel while performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits (if any) and payment of salary (including all required withholding of taxes). COMPENSATION, BENEFITS AND EXPENSES Compensation In consideration of the services to be rendered hereunder, including, without limitation, services to any Affiliated Company, Consultant shall be paid [AMOUNT], payable at the time and pursuant to the procedures regularly established, and as they may be amended, by the Company during the course of this Agreement. Benefits Other than the compensation specified in this 5.1, neither Consultant nor its Agents shall be entitled to any direct or indirect compensation for services performed hereunder. Expenses The Company shall reimburse Consultant for reasonable travel and other business expenses incurred by its Agents in the performance of the duties hereunder in accordance with the Company's general policies, as they may be amended from time to time during the course of this Agreement. INVOICING Company shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by Consultant, and Company shall pay the amount of such invoices to Consultant. TERMINATION OF CONSULTING RELATIONSHIP By the Company or the Consultant At any time, either the Company or the Consultant may terminate, without liability, the Consulting Period for any reason, with or without cause, by giving [AGREED UPON NUMBER OF DAYS] days advance written notice to the other party. If the Consultant terminates its consulting relationship with the Company pursuant to Sections 2, 3 and 4, the Company shall have the option, in its complete discretion, to terminate Consultant immediately without the running of any notice period","Consulting Agreement Long","12","https://templates.business-in-a-box.com/imgs/1000px/consulting-agreement---long-D12543.png","https://templates.business-in-a-box.com/imgs/250px/12543.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12543.xml",{"title":165,"description":6},"consulting agreement long",[167,168],{"label":33,"url":98},{"label":169,"url":170},"Consulting Agreements","consulting-agreement","consulting agreement   long","/template/consulting-agreement---long-D12543",false,{"seo":175,"reviewer":187,"legal_disclaimer":191,"quick_facts":192,"at_a_glance":194,"personas":198,"variants":223,"glossary":247,"clauses":284,"how_to_fill":335,"common_mistakes":376,"faqs":401,"industries":429,"comparisons":446,"diy_vs_lawyer":460,"jurisdictions":473,"related_template_ids_curated":494,"schema":505,"classification":506},{"meta_title":176,"meta_description":177,"primary_keyword":178,"secondary_keywords":179},"Hotel Management Agreement Template (Free Word)","Free hotel management agreement template covering brand standards, base and incentive fees, performance tests, owner approvals, and termination. Free Word and PDF download.","hotel management agreement template",[15,180,181,182,183,184,185,186],"hotel management contract template","hotel operator agreement","hospitality management agreement","hotel management agreement word","hotel management agreement free download","hotel operator contract","hotel brand management agreement",{"name":188,"credential":189,"reviewed_date":190},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":193,"legal_review_recommended":191,"signature_required":191,"notarization_required":173},"advanced",{"what_it_is":195,"when_you_need_it":196,"whats_inside":197},"A Hotel Management Agreement is a long-term legal contract between a hotel property owner and a professional operator — typically a global hospitality brand or independent management company — under which the operator runs the hotel's day-to-day operations in exchange for a base management fee and an incentive fee tied to performance. This free Word download gives you a structured, professionally drafted starting point covering brand standards, fee structures, performance tests, owner approval rights, and termination — ready to edit online and export as PDF.\n","Use it when a property owner is engaging a brand or management company to operate a hotel on their behalf, when restructuring an existing operator relationship ahead of a refinancing or sale, or when negotiating the terms of affiliation with a major hospitality brand.\n","Parties and property description, appointment and authority of the operator, brand standards and system obligations, base and incentive fee calculations, operating budgets and owner approval thresholds, performance tests and cure rights, term and renewal options, termination triggers, non-disturbance and lender protections, and governing law.\n",[199,203,207,211,215,219],{"title":200,"use_case":201,"icon_asset_id":202},"Hotel property owners","Engaging a branded operator to manage a full-service or select-service hotel","persona-property-owner",{"title":204,"use_case":205,"icon_asset_id":206},"Real estate investors and REITs","Structuring operator relationships across a portfolio of hospitality assets","persona-real-estate-investor",{"title":208,"use_case":209,"icon_asset_id":210},"Hospitality brand development directors","Standardizing management agreement terms for new affiliation deals","persona-hospitality-brand",{"title":212,"use_case":213,"icon_asset_id":214},"Independent hotel management companies","Formalizing a management mandate for an unbranded or soft-brand property","persona-operations-director",{"title":216,"use_case":217,"icon_asset_id":218},"Hotel developers","Locking in a management partner during construction to satisfy lender requirements","persona-real-estate-developer",{"title":220,"use_case":221,"icon_asset_id":222},"Hotel acquisition advisors","Reviewing and renegotiating inherited management agreements on behalf of new owners","persona-business-advisor",[224,228,231,234,237,240,244],{"situation":225,"recommended_template":226,"slug":227},"Owner engaging a globally branded operator (Marriott, Hilton, IHG)","Hotel Management Agreement (Branded)","hotel-management-agreement-D13984",{"situation":229,"recommended_template":230,"slug":227},"Owner engaging an independent management company without a brand flag","Hotel Management Agreement (Independent Operator)",{"situation":232,"recommended_template":233,"slug":227},"Short-term interim management while a permanent operator is selected","Interim Hotel Management Agreement",{"situation":235,"recommended_template":236,"slug":227},"Owner wants brand affiliation without operator control of the hotel","Hotel Franchise Agreement",{"situation":238,"recommended_template":239,"slug":227},"Revenue-sharing arrangement rather than a fee-based management structure","Hotel Lease Agreement",{"situation":241,"recommended_template":242,"slug":243},"Owner delegating food-and-beverage operations only to a third party","Restaurant Management Agreement","restaurant-partnership-agreement-D14050",{"situation":245,"recommended_template":64,"slug":246},"Short-term rental property managed by a professional host or co-host","property-management-agreement-D1196",[248,251,254,257,260,263,266,269,272,275,278,281],{"term":249,"definition":250},"Base Management Fee","A recurring fee paid to the operator calculated as a percentage of gross revenue — typically 2–4% — regardless of profitability.",{"term":252,"definition":253},"Incentive Management Fee","An additional fee earned by the operator when the hotel's financial performance exceeds an agreed profit threshold, typically expressed as a percentage of gross operating profit above a priority return.",{"term":255,"definition":256},"Gross Operating Profit (GOP)","Hotel revenue minus all departmental and undistributed operating expenses, before debt service, capital reserves, and management fees.",{"term":258,"definition":259},"Priority Return","The minimum cash return an owner must receive from hotel operations before the operator can collect an incentive fee — functions as a performance floor protecting the owner's investment.",{"term":261,"definition":262},"Performance Test","A contractual benchmark — typically comparing the hotel's RevPAR or GOP against a competitive set — that the operator must meet or exceed to avoid a termination trigger.",{"term":264,"definition":265},"RevPAR","Revenue Per Available Room, calculated as average daily rate multiplied by occupancy rate — the primary metric used to benchmark hotel performance against a competitive set.",{"term":267,"definition":268},"FF&E Reserve","Furniture, Fixtures, and Equipment reserve — a fund, typically 3–5% of gross revenue, set aside annually for capital maintenance and replacement of physical assets.",{"term":270,"definition":271},"Non-Disturbance Agreement (NDA)","A commitment from the owner's lender that, upon foreclosure, the lender will honor the management agreement and not terminate the operator — critical for operators accepting branded flags.",{"term":273,"definition":274},"Operator's System","The proprietary reservations platform, loyalty program, brand standards, training systems, and technology infrastructure the operator provides and charges the hotel to access.",{"term":276,"definition":277},"Owner Approval Threshold","The maximum expenditure or commitment amount the operator may authorize without seeking written owner consent — typically $[X] per single item or $[Y] in aggregate within a budget period.",{"term":279,"definition":280},"Cure Period","The defined time window — typically 12–24 months — within which an operator may remediate a performance test failure before the owner exercises a termination right.",{"term":282,"definition":283},"Technical Services Agreement (TSA)","A companion agreement under which the operator provides pre-opening design, construction oversight, and brand integration services to the owner for a separate fee.",[285,290,295,300,305,310,315,320,325,330],{"name":286,"plain_english":287,"sample_language":288,"common_mistake":289},"Appointment and authority of the operator","Grants the operator the exclusive right and authority to manage the hotel on the owner's behalf, defines the scope of that authority, and confirms the owner retains ownership of the property at all times.","Owner hereby appoints [OPERATOR NAME] as the exclusive manager of the Hotel located at [PROPERTY ADDRESS] ('Hotel') for the Term, with full authority to manage, operate, and maintain the Hotel in accordance with this Agreement and [OPERATOR]'s Brand Standards. Owner retains fee simple ownership of the Hotel and all assets used in its operation.","Failing to define the boundary between operator authority and owner reserved rights. Without explicit carve-outs, operators may treat their authority as absolute — committing the owner to contracts, hires, or capital expenditures that require owner approval.",{"name":291,"plain_english":292,"sample_language":293,"common_mistake":294},"Brand standards and system obligations","Requires the hotel to comply with the operator's brand standards — physical product, service levels, technology, and loyalty program — and specifies how and when standards can be updated.","Operator shall operate the Hotel in accordance with [BRAND] Brand Standards as amended from time to time, provided that any amendment materially increasing Owner's capital expenditure obligations shall require Owner's prior written consent, not to be unreasonably withheld.","Accepting an uncapped unilateral right for the operator to update brand standards. Owners who do not cap or consent to capital-intensive upgrades can face multi-million-dollar PIP (property improvement plan) obligations with no termination right if they refuse.",{"name":296,"plain_english":297,"sample_language":298,"common_mistake":299},"Base management fee","Sets the base fee as a fixed percentage of gross revenue, defines what is included in gross revenue, and establishes the payment frequency and priority relative to other deductions.","Owner shall pay Operator a Base Management Fee equal to [X]% of Gross Revenue per calendar month, payable within [15] days after month-end. 'Gross Revenue' means all revenue from Hotel operations as defined in Schedule [X], excluding [EXCLUSIONS].","Leaving the definition of 'gross revenue' to the operator's standard form without scrutiny. Broad gross revenue definitions can pull in atypical items — insurance proceeds, asset sale proceeds, or FF&E liquidation — inflating the fee base beyond operating income.",{"name":301,"plain_english":302,"sample_language":303,"common_mistake":304},"Incentive management fee and priority return","Defines the owner's priority return — the profit floor the owner receives before any incentive fee accrues — and sets the incentive fee as a percentage of GOP above that threshold.","Operator shall earn an Incentive Management Fee equal to [Y]% of Adjusted GOP in excess of the Owner Priority Return of $[AMOUNT] per year (or [Z]% of Total Investment). No Incentive Fee shall accrue until the Owner Priority Return has been paid in full for the relevant period.","Agreeing to a 'subordinated' incentive fee structure where the owner waives the right to withhold incentive fees in loss years. Operators collecting incentive fees during periods when the owner has not received their priority return are a persistent source of disputes.",{"name":306,"plain_english":307,"sample_language":308,"common_mistake":309},"Operating budget and owner approval rights","Requires the operator to prepare and submit annual operating and capital budgets for owner approval, and sets the thresholds above which the operator must seek owner consent for individual expenditures.","Operator shall prepare and submit to Owner for approval an Annual Operating Budget and Capital Budget no later than [60] days prior to each fiscal year-end. Operator may not incur any single unbudgeted expenditure exceeding $[AMOUNT] without Owner's prior written approval.","Setting approval thresholds too high or indexing them to gross revenue rather than a fixed dollar amount. Operators can interpret a percentage-based threshold as carte blanche as revenue grows, reducing owner oversight over time.",{"name":311,"plain_english":312,"sample_language":313,"common_mistake":314},"Performance test and cure rights","Sets the annual RevPAR and/or GOP benchmarks the operator must meet, defines the competitive set for comparison, and gives the operator a cure period before the owner can terminate for underperformance.","If the Hotel's RevPAR Index falls below [X]% of the Competitive Set average for any two consecutive fiscal years ('Performance Failure'), Owner may deliver written notice of Performance Failure. Operator shall have [24] months from such notice to cure. If uncured, Owner may terminate this Agreement without payment of a termination fee.","Accepting an operator-defined competitive set with no mechanism for the owner to contest it. Operators sometimes propose a competitive set skewed to make their own performance look stronger than the market warrants.",{"name":316,"plain_english":317,"sample_language":318,"common_mistake":319},"Term, renewal, and early termination","Sets the initial contract term, renewal options and conditions, and the circumstances under which either party may terminate early — including for cause, performance failure, sale of the property, or mutual agreement.","The initial Term shall be [20] years commencing on [DATE]. Operator shall have [two] options to renew for [5] years each, exercisable by written notice no later than [18] months prior to expiration, provided no uncured Event of Default exists. Either party may terminate for cause on [30] days' written notice following an uncured material breach.","Agreeing to a long initial term with renewal options but no owner termination right on sale. An owner who sells the property may be unable to deliver clear title if the buyer cannot or will not assume the management agreement.",{"name":321,"plain_english":322,"sample_language":323,"common_mistake":324},"Non-disturbance and lender protections","Requires the owner to use reasonable efforts to obtain a non-disturbance agreement from current and future lenders, ensuring the operator's rights survive a foreclosure or lender enforcement action.","Owner shall use commercially reasonable efforts to obtain from each Mortgagee a Non-Disturbance Agreement in a form reasonably acceptable to Operator, pursuant to which Mortgagee agrees that Operator's rights under this Agreement shall not be disturbed so long as no Event of Default by Operator exists.","Treating the NDA obligation as absolute rather than 'commercially reasonable efforts.' If the owner cannot obtain an NDA, a strict obligation to do so constitutes a breach — reasonable efforts language protects the owner when lenders decline to grant an NDA.",{"name":326,"plain_english":327,"sample_language":328,"common_mistake":329},"FF&E reserve and capital expenditure","Requires both parties to fund a reserve account for ongoing capital maintenance and replacement, sets the contribution rate as a percentage of gross revenue, and defines the process for approving capital projects funded from the reserve.","Owner shall fund an FF&E Reserve Account at a rate of [4]% of Gross Revenue per month, increasing to [5]% commencing in Year [6]. Withdrawals from the FF&E Reserve for projects exceeding $[AMOUNT] require Owner's prior written approval.","Setting the FF&E reserve contribution rate below 3% of gross revenue in the early years. Underfunded reserves accumulate deferred maintenance that, when it surfaces as a brand-mandated PIP, costs far more than the missed contributions.",{"name":331,"plain_english":332,"sample_language":333,"common_mistake":334},"Termination fee and transition obligations","Sets the fee payable to the operator if the owner terminates the agreement without cause before expiry, and defines the operator's obligations to cooperate in a smooth transition to a successor manager.","In the event of Owner's termination without cause, Owner shall pay Operator a Termination Fee equal to [X] times the trailing 12-month Base Management Fee. Upon expiration or termination, Operator shall cooperate fully in transitioning Hotel operations to Owner or a successor operator within [90] days, including delivery of all books, records, contracts, and software access credentials.","Omitting transition obligations entirely. Operators who have no contractual duty to cooperate in a handover can create substantial disruption — withholding reservation system access, guest data, and vendor contracts until disputes are resolved.",[336,341,346,351,356,361,366,371],{"step":337,"title":338,"description":339,"tip":340},1,"Identify the owner entity and property details","Enter the hotel owner's full legal entity name — not a trade name — and confirm it matches the entity holding title to the property. Include the property's legal address, brand flag (if applicable), and number of keys.","If the property is held in an SPE or PropCo structure, use the SPE's legal name as the contracting party, not the parent investor.",{"step":342,"title":343,"description":344,"tip":345},2,"Define the operator's scope of authority","Specify the operator's management authority in detail, including hiring and firing hotel staff, entering vendor contracts, setting rates, and managing brand standards. Then enumerate the categories of decision that require owner prior approval.","List at least six specific owner-reserved rights — capital expenditures, senior management hires, litigation settlements, insurance placements, union agreements, and brand standard waivers — to avoid disputes over implied authority.",{"step":347,"title":348,"description":349,"tip":350},3,"Negotiate and enter the fee structure","Set the base fee percentage, define gross revenue precisely, establish the owner's priority return, and set the incentive fee percentage. Confirm whether the incentive fee is fully subordinated or partially subordinated to debt service.","For first-time owners, a fully subordinated incentive fee — where the operator collects nothing until the owner has received 100% of priority return — is standard in owner-favorable markets.",{"step":352,"title":353,"description":354,"tip":355},4,"Define the competitive set and performance benchmarks","Name the specific hotels that will form the competitive set for RevPAR benchmarking. Set the minimum RevPAR index and/or GOP threshold the operator must achieve, and the number of consecutive years of failure that triggers an owner termination right.","Lock the competitive set at signing and require mutual written consent to change it — this prevents the operator from substituting weaker competitors to inflate the relative index.",{"step":357,"title":358,"description":359,"tip":360},5,"Set owner approval thresholds and budget timelines","Enter specific dollar thresholds for unbudgeted expenditures requiring owner consent. Set the deadline by which the operator must submit annual operating and capital budgets for owner review and approval.","Index approval thresholds to a fixed dollar amount, not a percentage of revenue — a percentage threshold erodes owner control as the hotel grows.",{"step":362,"title":363,"description":364,"tip":365},6,"Complete the term, renewal, and termination provisions","Enter the initial term length, number and duration of renewal options, the cure period for performance failures, and the termination fee formula. Confirm whether there is an owner right to terminate on sale of the property without a termination fee.","A sale-of-hotel termination right without a fee — or with a capped fee — is one of the most valuable owner protections and is worth conceding other points to secure.",{"step":367,"title":368,"description":369,"tip":370},7,"Address lender protections and NDA obligations","Insert the non-disturbance and attornment language, and confirm whether the obligation to obtain an NDA from current and future lenders is absolute or commercially reasonable efforts. Attach any existing NDA from the current lender as a schedule.","If refinancing is anticipated in the near term, negotiate the NDA form with your lender before signing the management agreement — lenders are harder to move once the HMA is already executed.",{"step":372,"title":373,"description":374,"tip":375},8,"Attach schedules and have both parties sign before opening","Attach the competitive set definition, brand standards reference, FF&E reserve schedule, approved annual budget, and technical services agreement (if applicable) as signed schedules. Both parties must execute before the hotel opens or management transitions.","Use a countersigned execution copy rather than separate signature pages to avoid any argument that the schedules were not incorporated at the time of signing.",[377,381,385,389,393,397],{"mistake":378,"why_it_matters":379,"fix":380},"Accepting an uncapped unilateral brand standards update right","Operators can issue property improvement plans requiring multi-million-dollar renovations. Without a consent right or capital expenditure cap, owners have no leverage to push back on the timing or scope of mandatory upgrades.","Negotiate a clause requiring operator written notice of any brand standards change that would increase owner capital obligations by more than $[THRESHOLD], with owner consent rights or a right to terminate without a termination fee if the cost exceeds an agreed ceiling.",{"mistake":382,"why_it_matters":383,"fix":384},"Leaving the competitive set definition open-ended","If the operator controls the competitive set or can change it unilaterally, they can select hotels that underperform the market to make the managed property look strong by comparison — defeating the purpose of the performance test.","Name each competitive set hotel explicitly in a schedule at signing. Require mutual written consent for any substitution and specify the criteria (chain scale, location, number of keys) that qualify a replacement hotel.",{"mistake":386,"why_it_matters":387,"fix":388},"No owner termination right on sale of the hotel","A long-term management agreement that runs with the land can reduce the pool of buyers, depress sale price, and in some cases block a transaction entirely if the buyer cannot or will not assume the agreement.","Negotiate an explicit right for the owner to terminate the management agreement upon a bona fide sale of the hotel to an unaffiliated third party, with either no termination fee or a capped fee that steps down over time.",{"mistake":390,"why_it_matters":391,"fix":392},"Omitting transition cooperation obligations","Without a contractual duty to cooperate, departing operators can delay handover of reservation system credentials, guest data, vendor contracts, and accounting records — disrupting operations for months and creating breach-of-contract claims.","Include a detailed transition clause requiring the operator to deliver all hotel records, contracts, passwords, and system access within a fixed period (30–90 days) of termination or expiry, and to train successor management for a defined handover period.",{"mistake":394,"why_it_matters":395,"fix":396},"Using percentage-of-revenue approval thresholds instead of fixed dollar amounts","A threshold expressed as a percentage of gross revenue grows automatically as the hotel scales, quietly reducing the owner's approval rights without any renegotiation.","Express all owner approval thresholds as fixed dollar amounts, with a defined CPI adjustment mechanism reviewed at each renewal option rather than a percentage of revenue.",{"mistake":398,"why_it_matters":399,"fix":400},"No non-disturbance agreement from the construction or permanent lender","Without an NDA, a lender who forecloses on the property can terminate the management agreement — exposing the operator to loss of the management contract and the owner to a termination fee claim on top of a foreclosure.","Make delivery of an NDA in an agreed form a condition precedent to the operator's obligation to open the hotel, and include a reasonable-efforts obligation to obtain NDA coverage from all future lenders.",[402,405,408,411,414,417,420,423,426],{"question":403,"answer":404},"What is a hotel management agreement?","A hotel management agreement is a long-term contract between a hotel property owner and an operator — typically a branded hospitality company or independent management firm — under which the operator runs day-to-day hotel operations in exchange for a base fee and an incentive fee. The owner retains title to the property and its assets; the operator provides management expertise, brand affiliation, reservation systems, and trained staff. These agreements typically run 15–30 years for branded operators and 5–10 years for independents.\n",{"question":406,"answer":407},"What is the difference between a hotel management agreement and a franchise agreement?","Under a management agreement, the operator controls day-to-day hotel operations and employs or directs the hotel's staff. Under a franchise agreement, the owner licenses the brand and its systems but operates the hotel independently using their own management team. Management agreements give the owner less day-to-day control but access to an experienced operator; franchise agreements give the owner full operational control at the cost of managing the property themselves.\n",{"question":409,"answer":410},"What fees does an operator typically charge under a hotel management agreement?","The two primary fees are the base management fee — typically 2–4% of gross revenue — and the incentive management fee, typically 8–12% of gross operating profit above an owner priority return. Operators also charge system fees for reservations, loyalty programs, and technology — commonly an additional 2–4% of gross revenue in aggregate. Technical services fees for pre-opening support are billed separately under a companion TSA.\n",{"question":412,"answer":413},"What is a performance test in a hotel management agreement?","A performance test is a contractual benchmark — typically based on RevPAR index relative to a defined competitive set, or GOP compared to a budget — that the operator must meet each year to retain the management contract. If the hotel falls below the benchmark for two consecutive years and the operator fails to cure the shortfall within the cure period (typically 12–24 months), the owner gains the right to terminate the agreement without paying a termination fee. Performance tests are one of the most heavily negotiated provisions in any HMA.\n",{"question":415,"answer":416},"How long does a hotel management agreement typically last?","Initial terms range from 10 to 30 years depending on the operator's brand tier and the owner's leverage. Global luxury brands (Four Seasons, Ritz-Carlton) typically require 20–30-year initial terms. Select-service and soft-brand operators are more flexible at 10–15 years. Initial terms are typically followed by one or two renewal options of 5 years each at the operator's election. Shorter terms are possible for independent operators without a brand flag.\n",{"question":418,"answer":419},"Can an owner terminate a hotel management agreement early?","Early termination rights for owners are limited and heavily negotiated. Owners typically have the right to terminate for operator cause (material breach, insolvency, or loss of license), on performance test failure after a cure period, and — if successfully negotiated — on sale of the hotel. Termination without cause triggers a termination fee, typically equal to 1–3 years of management fees. Operators rarely accept broad owner termination rights without commensurate compensation.\n",{"question":421,"answer":422},"What is a non-disturbance agreement and why does it matter?","A non-disturbance agreement (NDA) is a commitment from the hotel's lender that it will honor the management agreement and continue recognizing the operator's rights in the event of a foreclosure or enforcement action. Without an NDA, a lender who takes possession of the hotel can immediately terminate the management agreement — eliminating the operator's long-term contract and potentially triggering a termination fee claim against the owner. Most major operators require an NDA as a condition of executing a management agreement.\n",{"question":424,"answer":425},"Who owns the hotel's employees under a management agreement?","In most hotel management agreements, the operator employs the hotel's staff as the employer of record — though costs are borne by the hotel's operating account as an operating expense. Some structures use a staffing subsidiary or a dual employment model. The employment structure has significant tax, liability, and labor law implications that vary by jurisdiction and should be addressed explicitly in the agreement, particularly in the UK and EU where worker protections are stronger.\n",{"question":427,"answer":428},"Do I need a lawyer to draft or review a hotel management agreement?","Yes, for any meaningful hotel asset. Hotel management agreements run 50–150 pages with complex fee waterfalls, performance tests, brand standards obligations, and termination provisions worth millions of dollars over the life of the contract. A high-quality template establishes the structural framework and negotiating checklist, but the specific fee percentages, competitive set composition, owner approval thresholds, and termination fee calculations require legal and financial analysis specific to the asset, the operator, and the financing structure.\n",[430,434,438,442],{"industry":431,"icon_asset_id":432,"specifics":433},"Full-service and luxury hotels","industry-hospitality","Long initial terms of 20–30 years, brand standard provisions covering physical product and service delivery, luxury-brand NDA requirements, and technical services agreements covering multi-year pre-opening periods.",{"industry":435,"icon_asset_id":436,"specifics":437},"Select-service and limited-service hotels","industry-real-estate","Shorter terms of 10–15 years, higher FF&E reserve contribution rates due to faster asset depreciation, and streamlined operating budgets with fewer discretionary departments.",{"industry":439,"icon_asset_id":440,"specifics":441},"Resort and mixed-use developments","industry-construction","Integration with residential, spa, and F&B components under shared services agreements, complex revenue allocation between hotel and non-hotel uses, and owner approval rights covering amenity operations.",{"industry":443,"icon_asset_id":444,"specifics":445},"Private equity and institutional real estate","industry-fintech","Hold-period-aligned termination rights, sale-of-hotel termination provisions, waterfall structures coordinating management fees with debt service and investor returns, and cure period mechanics tied to fund exit timelines.",[447,450,453,457],{"vs":236,"vs_template_id":448,"summary":449},"D{HOTEL_FRANCHISE_AGREEMENT_ID}","A franchise agreement licenses the brand flag and reservation system to an owner-operator who manages the hotel independently. A management agreement transfers operational control to the brand or operator entirely. Franchise agreements give owners full management autonomy but require them to build or hire their own operational team. Management agreements are appropriate when the owner wants the operator's expertise rather than just the brand name.",{"vs":64,"vs_template_id":451,"summary":452},"property-management-agreement-D13254","A property management agreement typically covers residential or commercial real estate, with the manager handling leasing, tenant relations, and maintenance. A hotel management agreement is substantially more complex, covering brand standards, reservation systems, daily rate pricing, F&B operations, and a two-tier fee structure. The operational scope, term length, and fee complexity of an HMA are fundamentally different from a residential or commercial property management engagement.",{"vs":454,"vs_template_id":455,"summary":456},"Operating Lease Agreement","D{HOTEL_LEASE_AGREEMENT_ID}","Under a hotel lease, the operator pays a fixed or variable rent to the owner and takes on all operational risk and reward. Under a management agreement, the operator earns fees regardless of profitability, and the owner retains the economic upside and downside of the hotel's performance. Hotel leases are common in European markets; management agreements dominate North American and Asian hotel transactions.",{"vs":89,"vs_template_id":458,"summary":459},"service-agreement-D12711","A general service agreement covers a defined scope of services for a fixed fee or time-and-materials basis. A hotel management agreement is a long-term governance instrument that transfers operational authority over a complex asset, involves performance-linked compensation, and creates obligations running for decades. A service agreement cannot substitute for the brand standards, fee waterfall, performance test, and non-disturbance provisions required in a hotel management context.",{"use_template":461,"template_plus_review":465,"custom_drafted":469},{"best_for":462,"cost":463,"time":464},"Owners structuring a preliminary term sheet or negotiating framework with a prospective operator before engaging legal counsel","Free","1–3 days to draft a working negotiation draft",{"best_for":466,"cost":467,"time":468},"Independent hotel operators or smaller owners engaging a non-branded management company for a single asset under $20M in value","$2,000–$8,000 for hospitality legal counsel review","1–3 weeks",{"best_for":470,"cost":471,"time":472},"Branded operator engagements, assets above $20M, portfolio management agreements, or any deal involving complex lender NDA requirements or equity waterfall structures","$15,000–$75,000+ depending on asset scale and negotiation complexity","6–16 weeks",[474,479,484,489],{"code":475,"name":476,"flag_asset_id":477,"note":478},"us","United States","flag-us","US hotel management agreements are primarily governed by state contract law with no federal statute specifically regulating HMAs. Courts in states such as New York, Delaware, and California have developed substantial case law on operator authority, termination fee enforceability, and performance test disputes. Some states — particularly California — apply additional scrutiny to non-compete and exclusivity provisions in management agreements. Lender NDA requirements are heavily influenced by the practices of CMBS servicers.",{"code":480,"name":481,"flag_asset_id":482,"note":483},"ca","Canada","flag-ca","Canadian hotel management agreements are governed by provincial contract law, with Ontario and British Columbia hosting most institutional hotel transactions. Unlike US markets, Canadian employment law requires attention to ESA minimum standards for hotel employees — the operator-as-employer-of-record structure must comply with provincial employment standards in each province where the hotel operates. Quebec properties require French-language compliance for guest-facing materials and employment documents.",{"code":485,"name":486,"flag_asset_id":487,"note":488},"uk","United Kingdom","flag-uk","UK hotel management agreements must address TUPE (Transfer of Undertakings, Protection of Employment Regulations 2006), which can require the incoming operator to assume existing staff on their current terms upon a management transition. UK courts apply strict reasonableness tests to termination fee provisions and may not enforce penalties that are not genuine pre-estimates of loss. The UK Bribery Act 2010 imposes anti-bribery compliance obligations on operators managing hotels on behalf of UK-connected owners.",{"code":490,"name":491,"flag_asset_id":492,"note":493},"eu","European Union","flag-eu","EU hotel management agreements must address the Working Time Directive and national employment transfer rules equivalent to TUPE in member states (the Acquired Rights Directive). GDPR applies to the processing of guest data by the operator using the owner's systems — the agreement should specify whether the operator acts as data processor or independent data controller. French and German courts in particular apply public policy limits on operator liability caps and may override contractual choice-of-law clauses for locally located hotel assets.",[246,458,495,496,497,498,499,500,501,502,503,504],"non-disclosure-agreement-nda-D12692","independent-contractor-agreement-D160","joint-venture-agreement-D889","letter-of-intent_acquisition-of-business-D5197","consulting-agreement---long-D12543","asset-purchase-agreement-for-a-retail-business-D931","shareholders-agreement-D13003","lease-agreement-D1179","memorandum-of-understanding-D12548","employment-agreement_at-will-employee-D541",{"emit_how_to":191,"emit_defined_term":191},{"primary_folder":98,"secondary_folder":507,"document_type":508,"industry":509,"business_stage":510,"tags":511,"confidence":516},"services-and-consulting","agreement","food-and-hospitality","all-stages",[512,508,513,514,515],"hospitality","operations","hotel-management","property-management",0.92,"\u003Ch2>What is a Hotel Management Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Hotel Management Agreement (HMA)\u003C/strong> is a long-term legal contract between a hotel property owner and a professional operator — typically a global hospitality brand or an independent management company — under which the operator assumes full responsibility for running the hotel's day-to-day operations in exchange for a base management fee and an incentive fee tied to financial performance. The owner retains title to the property and all its assets; the operator provides brand affiliation, a reservations platform, a loyalty program, trained staff, and operational expertise. Unlike a lease arrangement where the operator takes on all economic risk, an HMA preserves the owner's exposure to both the upside and downside of hotel performance, making the fee structure, performance benchmarks, and termination rights the most heavily negotiated elements of the deal.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Operating a hotel without a signed management agreement — or with one that lacks enforceable performance tests, clear owner approval rights, and a defined transition mechanism — creates compounding legal and financial risk for every year of the relationship. Owners who accept uncapped brand standards update rights have faced mandatory property improvement plans costing $5–15 million with no contractual basis to refuse or delay. Operators who agree to broad unilateral termination clauses have lost decades-long management contracts overnight with no compensation. Without a non-disturbance agreement in place, a lender enforcement event can eliminate the operator's position entirely. This template provides the structural framework — clauses, schedules, and negotiating checkpoints — that hospitality lawyers use as the starting point for any management agreement negotiation, giving both owners and operators a credible, professionally organized document from which to begin the process of securing expert counsel and finalizing binding terms.\u003C/p>\n",1781185998922]