Contracts: Covering Your Assets, Part 1 & 2
Original Air Date: Wed., November 14 & 28 View this webinar online now! |
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Contracts: A Seller’s Market Changes the Landscape
Attrition and cancellation penalties are becoming much more strict—with a new twist
By TYLER DAVIDSON
While hot-button contract issues stay relatively the same over the years, economic conditions can vary wildly, with negotiating power shifting from buyer to seller and contract concerns such as attrition and cancellation carrying much more weight.
“Now that the pendulum is swinging back to where the hotels have the power, groups are very worried about paying damages,” says Lisa Sommer Devlin, owner of Devlin Law Firm PC. “They’ve got a bottom line to fulfill, mortgages to pay and owners goals to meet. At the depths of the recession when customers might not have had the money, they might walk away from it, but that’s certainly not a trend they want to keep in place.”
According to Sommer Devlin, it’s all about leverage. With new-hotel construction lagging, supply is outplacing demand, and hotel operators are being less conciliatory when it comes to contract terms.
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Join Meetings Focus and hospitality industry attorney Barbara Dunn of Howe & Hutton, Ltd. as she facilitates an informative and interactive webinar on liability issues and how to effectively address them in contracts.
PARTICIPANTS WILL LEARN TO:
- Identify types of liability
- Discuss various types of vendor contracts and associated liability concerns
- List different types of insurance and coverage amounts required of vendors
- Understand how certificates of insurance and additional insured endorsements operate to protect organizations
- Identify risk management techniques
- Understand the key language to include in various risk management contract provisions
- Learn how to effectively implement release and waiver agreements with meeting attendees
- Discuss methods of resolving liability disputes when they arise
Earn CEUs: Each webinar part is worth 1 clock hour of continuing education toward the initial CMP application and recertification through the Convention Industry Council.
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Working with entities that are legally considered sovereign nations, such as Native American tribes, presents both opportunities and specific contract and event management issues to consider.
Join Meetings Focus and Lisa M. Koop, an attorney for Washington state’s Tulalip Tribe, to discover the many considerations, and advantages, when entering into a contract with a sovereign people. This free one-hour video webinar travels to the Tulalip Resort Casino for the presentation, where we catch up with Linda Botts, the resort’s national sales manager, and take a look around the property with a group of meeting planner FAM participants.
PARTICIPANTS WILL:
- Understand the differences involved when working with a tribal organization
- Discover what conflict resolution tools are offered by tribal councils
- See what advantages, such as with staffing and amenity inclusions, a property operated by a sovereign nation can provide
Earn CEUs: Each webinar part is worth 1 clock hour of continuing education toward the initial CMP application and recertification through the Convention Industry Council.
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| Barbara Dunn |
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Contracts: Covering Your Assets, Part 1 & 2
Available Online Now!
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On-Demand
Webinar |
| 2013 Meetings Focus Trends Survey |
| Get both a recap of 2012 stats and a forecast for next year from hospitality industry analyst Bobby Bowers, with Smith Travel Research, as well as a sneak preview of our as-yet-unpublished poll results. This free one-hour webinar will put you on the path to success for 2013. |
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| Take 10! |
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1. Barbara, I have a contract where the hotel offered a rebook but the percentage was not listed and the meeting has been cancelled. How do the hotel and I come to agreement on what the rebook is since it is not listed as an amount or percentage? I asked the hotel for 100 percent rebook since no amount was listed. What legal rights do we have if no percentage was listed? Thanks!
The answer to your question will depend on the language in the contract, but generally, if the language stated that the Group was entitled to rebook another meeting at the hotel in lieu of paying cancellation fees, then I would take the position (as you did) that a 100 percent credit should apply. Ultimately, the hotel will have to decide whether it wants to fight the group on this issue or take the replacement business. If the cancellation fee has not been paid yet, the group could await payment of the fee until a resolution of the replacement meeting takes place. If the hotel is not cooperating, I would also recommend contacting the national sales office for the hotel.
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