Eisenstodt Associates, LLC Contract & Negotiation Checklist

Transcription

1 1.0 Meeting Sponsor 1.1 Contacts and Titles 1.2 Addresses 1.3 Communication Numbers 1.4 Alternate/Additional Contacts 1.5 Alternate/Additional Addresses 1.6 Alternate/Additional Communication Numbers 2.0 Facility Name and Owners 2.1 Facility Owners 2.2 Facility Contacts and Titles 2.3 Facility Address 2.4 Facility Communication Numbers 3.0 Function Dates: The exact dates of the meeting not the room block. 4.0 Room Block 4.1 Room Nights by day and date and room types and/or bed types 4.2 Total Room Nights 5.0 Check in/check out Provisions 5.1 Times of check in and check out 5.1 (a) Provision for early check-ins 5.1 (b) Provision for late check-outs 5.1 (c) Late check-out charges and conditions 5.2 Front desk staffing 5.3 Auto-check-in via mobile device, airport or other kiosks 6.0 Cut off Date and Conditions Conditions include rooms and rate/s after cut-off, replacement reservations after cut-off. 1

2 7.0 Guest Room Types & Amenities Detail the number of total rooms in the hotel, breakdown of 1-bedded or 2-bedded rooms and bed types, room size and type differences, amenities in and for each room (such as mini-bar, coffee maker, charge for coffee/tea, in room safe at a charge or no charge, etc.) Number of accessible rooms and their configuration/s. Number of accessible kits. Smoking and non-smoking rooms. Scented and unscented/allergy-free rooms. 8.0 Guest Room Rates 8.1 When determined/formula 8.2 Specific Dates Available 8.3 All Applicable Taxes (state/local/tourism, etc.)/tax Exemption Conditions 8.4 Additional Fees or surcharges such as resort or hotel fees, city or county or state tourism charges. 8.5 Special Room Rates including suites, staff and speaker rates 8.6 Commissionable or Net? Rebates? 9.0 Reservations - Methods and Conditions 9.1 System Used 9.2 Name and/or Date Substitutions and Policies 9.3 Cancellation Dates and Policies 9.4 Early Departure/Extended Stay Policies (conditions and fees) 9.5 Housing Lists/Conditions and Dates 10.0 Housing Conditions and Walks 11.0 Complimentary Accommodations and Conditions Never assume a 1:50 or 1:40 or any other ratio when negotiating. It s all dependent on many factors. Once negotiated, specify if the calculations are cumulative (preferred) or per night, include pre- and post- nights, and above and beyond any ratio negotiated VIP Considerations (if any) 13.0 Upgrades (if any) in addition to those for VIPs 14.0 Parking Valet and Self, in-and-out privileges; ownership and management; safety. Availability and Charges 2

3 15.0 Transportation Complimentary? To and from airports? Around town? Charges? Reservations? Number of vehicles? Drivers employed by hotels or contracted? Insurance?) 16.0 Credit Arrangements Individuals Include provisions for those who may not have valid credit cards, who pay in cash or use checks or other than credit cards 17.0 Credit Arrangements Group It is more common in today s economy for hotels to ask for deposits even if your group s credit is approved. Negotiate when, how much, if refundable and under what circumstances, and other conditions both parties need/want and agree to Credit Application/Timing and Conditions 17.2 Master Account/s and/or Direct Bill(ing) Accounts 17.3 Deposits and Deposit Conditions 17.4 Payment/Conditions and Timing (including collection of group history) 18.0 Function Space Assignment, Use and Conditions Attachment 47.1 or listed as Attachment A or Exhibit A will be a chart of rooms by name, times (note times you need the room v. the function times to include set up/tear down times.) Negotiate a provision for change, addition or subtraction of room or space whether by group or hotel. [Suggested: any change must be agreed to in writing by both parties. Consider date after which no changes can be made.] 19.0 Function Space Rental Fees and Set-Up Charges 20.0 Rehabilitation/Renovation/Construction (including clause on building inspection) 21.0 Service/Performance (including CSM, front desk, bell staff, door staff, housekeeping, banquets, etc.) 22.0 Exhibits and Displays/Conditions and Charges This may include tabletop displays and registration in public areas as well as full-blown exhibits Outside Vendors: (Allowed? RFP and Bidding Processes? Additional charges to use?) 3

4 24.0 Mechanical, Electrical, Labor Charges and Conditions Negotiate conditions and, depending on how far out your meeting will be, when prices (for equipment and labor) can be increased. Refer to attachment where you ll add their rate sheet/s Equipment (Inventory, availability, charges if any for use of any equipment or furniture) 26.0 Audio Visual Equipment and Labor (including use of outside company) Remember to include conditions for storage and fees if you use an outside company Recreation and Health Club (Owners, Management Company, hours, charges, etc.; conditions if eliminated) 28.0 Promotional Materials This is a catch-all for whether they will provide printed or other materials for you to send or use at a meeting to promote the destination; whether your group or vendors in your group may distribute gummed stickers; other provisions they include and your agreement if so negotiated Signs (Size? Materials? Placement? Approval process?) 30.0 Food and Beverage (See also Attachments) 30.1 Establishment of Prices 30.2 Taxes; Gratuities or Service Charges and Taxes 30.3 Labor/Service Charges and Conditions/Food Handlers Permit/s 30.4 Guarantees 30.5 Oversets 30.6 Donation of Food 30.7 Attrition 4

5 31.0 Liquor and Bar Services (Charges, Conditions, Serving Precautions, Licensing) 32.0 Security and Safety (AEDs and locations? Safety personnel employed by hotel or contracted service? CPR trained staff? Evacuation and shelter-inplace practices? Lost and Found? Employee and Contractor background checks? Use of drones or lasers? Use of fireworks or other incendiary devices?) 33.0 Other Groups (Privacy and quiet? Safety and security? Conflicting groups?) 34.0 Attrition (Conditions; specific numbers) 35.0 Termination/ Impossibility and Force Majeure Consider laws that may be passed that would cause your meeting to terminate. (See Sidebar to this blog that contains the ASAE Clause covering termination for reasons of laws passed that disagree with your company or association policies and/or mission) 36.0 Cancellation (Dual cancellation clauses v. one only if the Group cancels. If the hotel cancels, their damages should not be the same as that of the group s.) Specific dollars and on what they are based and dates v. percentages and days out.) 37.0 Resolution of Disputes (Arbitration? Mediation? Litigation?) 38.0 Liability/Indemnity/Insurance 39.0 Collective Bargaining/Employee Non-Union Labor Agreements 40.0 Compliance/ADA or other Disabilities Laws Hint: your site inspection should include one in which you use a mobility device to determine, regardless of what the hotel says, if the property is really accessible Compliance/Local/Federal/Provincial Fire Safety Laws or Regulations Learn what the local/state gun laws are and what the hotel s policies are. This is where you ll include any language. 5

6 42.0 Contract Review (date/s, conditions) 43.0 Facility Policies and Practices to include statements of financial and operational issues and conditions, sustainability practices 44.0 Changes, Additions 45.0 Governing Law 46.0 Warranty of Authority/Signature Lines 47.0 Possible Attachments/Exhibits: Separate attachments/exhibits may not be needed if this information contained in the body of the contract Function Space Assignment w/ Diagrams & Rooms Contracted Circled 47.2 Maintenance and Repair Schedule 47.3 Rack or Other Brochures 47.4 Mechanical, Electrical, Labor Charges 47.5 Equipment Inventory 47.6 Menus, including beverage menus* 47.7 Collective Bargaining Schedules 47.8 Policies 47.9 Sustainability Practices and Policies * Menus of caterers, hotels and other venues are rarely printed. Although it may seem wasteful to print them and then scan as a pdf to attach to the contract, it is recommended so that, especially if your meeting is more than 30 days out, you ll have a reference for pricing and conditions. 6