Hotel Management Agreements: Navigating Fees, Exclusivity, Approval Rights, Finance Provisions, Brand Management
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will cover topics of central importance to counsel preparing or reviewing hotel management agreements from a range of perspectives--whether as counsel to the owner, operator, lender, or potential acquirer.
Outline
- The base fee, the incentive fees, and all those other charges
- Key money
- Financing: lender hot buttons
- Approval rights every owner should have
- Performance tests: make it meaningful
- The brand management agreement: technical services and pre-opening agreements
Benefits
The panel will review these and other key issues:
- How can counsel best balance incentives for owners and operators?
- How are the fees structured to achieve the objectives of both parties?
- How do counsel for lenders think through management agreement risks?
- What kinds of criteria are most relevant for gauging performance?
- How might one-off purchasers and portfolio purchasers in leveraged buyouts conduct due diligence of in-place hotel management agreements?
Faculty
Jay T. Blount
Member, Chair of Hospitality Group
Eckert Seamans Cherin & Mellott
Mr. Blount is an experienced transactional member, who specializes in representing owners, developers, and managers of... | Read More
Mr. Blount is an experienced transactional member, who specializes in representing owners, developers, and managers of (and investors in) hotels, resorts, food and beverage venues, and mixed-use projects. Over the years, he has worked on a broad range of hospitality matters across the United States and on a global basis, including for projects in Bhutan, Fiji, France, India, Indonesia, Portugal and Spain. Mr. Blount has extensive knowledge in negotiating hotel brand management agreements and joint venture agreements. He also regularly represents buyers and sellers of hotels and resorts, including through debt acquisitions and restructurings.
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Allison McCarthy
Partner
Holland & Knight
In addition to a national commercial real estate practice, Ms. McCarthy has advised owners, investors and hotel... | Read More
In addition to a national commercial real estate practice, Ms. McCarthy has advised owners, investors and hotel companies with respect to sophisticated hospitality transactions for nearly two decades. This focus includes hotel acquisitions and dispositions, hotel development and finance, mixed-use development projects, hotel management agreements, branded residential projects, restaurant and spa agreements, hotel joint venture agreements and general hotel operation matters throughout the U.S. and the Caribbean. Through this experience, Ms. McCarthy has developed insight and an understanding of the legal intricacies that affect the hospitality industry.
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