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By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com and
Robert E. Braun | Partner JMBM's Global Hospitality Group®
29 July 2008
Hotel Operating Agreement, HOA, Hotel Management Agreement, HMA, Hotel Management Contract, Management Contract. Hotel Operator, Hotel Manager, Hotel Owner. RFP for Hotel Manager. RFP for Hotel Operator, How to get a great hotel operator.
Contracts between hotel owners and managers (or operators) controlling the management of a hotel go by various names. They are called hotel management agreements, HMAs, hotel management contracts or hotel operating agreements. For convenient reference, this article will generally use the term "Hotel Management Agreement" or "HMA." However all these terms can be used interchangeably and mean the same thing, just as with hotel operator or hotel manager.
Whatever they are called, Hotel Management Agreements allocate risk between the hotel manager and the hotel owner. They are critical in determining the profitability and value of a hotel.
Hospitality Lawyer: How to survive some of the custom and "lore" of Hotel Management Agreement Indemnification Provisions.
While we have a very deep bench of hospitality lawyers -- particularly in hotel management agreements -- my partner, Bob Braun, is one of the most experienced on our team, with several hundred management contracts to his credit, and a dozen or more on his current work schedule at any point in time.
So it was no surprise when he suggested recently that we work together on a few articles going "beyond the basics" of hotel management agreements and post them for our industry friends on www.HotelLawBlog.com. We decided to call this upcoming series, "Hotel Management Agreements 201." Bob took the lead in putting this first one together on the critical area of INDEMNIFICATION, and here it is.