As of Nov. 15, 2018, the State Department is adding 16 hotels owned by the Cuban military to the Cuba Restricted List (CRL).
As discussed in the November 2017 GT
Continue Reading Hotels Included in U.S. State Department Cuba Restricted List
Commentary on hotel, resort, club & hospitality legal issues
Nelson F. Migdal is Co-Chair of the Hospitality Practice. He focuses his practice on the acquisition and disposition of hotels, hotel operations and management, franchising, licensing and branding, development and finance, large mixed-use projects, hotel management agreements, licensing agreements, commercial real estate acquisition and sale, and commercial leasing.
He has prepared and reviewed management and franchise agreements, purchase and sale agreements, multiple building covenants, and other documents related to the acquisition, financing, development, leasing, management and disposition of hotels, resorts and other real and personal property.
As of Nov. 15, 2018, the State Department is adding 16 hotels owned by the Cuban military to the Cuba Restricted List (CRL).
As discussed in the November 2017 GT…
Continue Reading Hotels Included in U.S. State Department Cuba Restricted List
This is the time of year when the branded hotel operating companies that sell franchises (Franchisors) start to use the new 2018 forms of franchise agreements. As the hospitality industry…
Continue Reading Industry Consolidation Reflected in New Franchise Agreements
It’s long been said that a successful brand understands its audience. This has been true of hotels, as the major internationally-branded hotel operating companies have developed and continue to develop…
Continue Reading Trends In Hotel Branding: Hyper-Specificity
A sensitivity remaining from the recent “Great Recession” is that hotel owners are making a concerted effort to ensure that their hotel and all components of it are profitable. This…
Continue Reading Third Party Management for Hotel Lodging and Food and Beverage Services
Hotel Management magazine recently noted that at the end of the day, it is the hotel management company that is really playing host to the guests as it executes the…
Continue Reading Playing Host
STR is making changes to the highly regarded and widely used STAR Report. Those of us who spend time drafting, reviewing, negotiating, and understanding hotel management agreements know that an…
Continue Reading STR Making Changes
A jury’s decision to award sportscaster Erin Andrews $55 million as a result of a hotel’s failure to reasonably safeguard her privacy, safety and security is a forceful and important…
Continue Reading Guest Privacy, Safety and Security
Owners of strong, unique independent hotels are finding that they can gain many of the advantages of an affiliation with a branded hotel management company without entering into a management…
Continue Reading Collections Continue to Thrive
The number of hotels, particularly limited service hotels, operating under franchise agreements has exploded in recent years, and this trend is expected to continue in the near term. Franchise agreements, including those in the hospitality industry, are personal contracts for the benefit of the named franchisee only, and are further limited by the franchisee’s ownership structure as of the effective date of the franchise agreement. From this point of beginning, it is logical that the franchise agreement would also include strict limitations on the franchisee’s ability to transfer ownership interests of the franchisee both within the franchisee company and to third parties. Each franchisor will adopt its own unique approach to the transferability of interests, but there will be certain commonalities that franchisees should be aware of and carefully study.
Franchisees would be wise to assume that a transfer of any direct or indirect ownership interest in the franchisee is prohibited without the prior written consent of the franchisor or expressly permitted under the franchise agreement. Regardless of some of the variations of language, this means every transfer and covers direct and indirect transfers within the entirety of the franchisee’s ownership structure. There will be variations in the requirements to obtain the franchisor’s consent, and some transfers that may not require consent, but the general expectation should be that the general rule under the franchise agreement will be to prohibit transfers. …
Continue Reading Franchise Agreement Transfer Provisions
It is difficult, if not impossible, to miss all of the positive indicators pointing to a robust and exceedingly vibrant hospitality sector. Whether it is the acquisition, financing, construction or…
Continue Reading Hospitality Sector Leads the Way