Eisenstodt & Associates, LLC Contract and Negotiation Checklist
© Joan L. Eisenstodt 2016 All Rights Reserved (Eisenstodt@aol.com)
Click here to download a PDF version of the checklist for optimal formatting.
PLEASE NOTE THE DISCLAIMER AT THE BOTTOM OF THIS DOCUMENT.
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
5.2 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.
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
8.4 Special Room Rates including suites, staff and speaker rates
8.5 Commissionable or Net? Rebates?
8.6 Applicable surcharges (resort or hotel fees) – when applicable
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. Specify if the calculations are cumulative or per night, include pre- and post- nights, and “above and beyond” any ratio negotiated. It is all negotiable.
12.0 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
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.
17.1 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.
23.0 Outside Vendors: (Allowed? RFP and Bidding Processes? Additional charges to use?)
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.
25.0 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.
27.0 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.
29.0 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
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-in-place 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
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 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.
41.0 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.
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.
47.1 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.
© Joan L. Eisenstodt 2016 All Rights Reserved (Eisenstodt@aol.com)
Disclaimer: These materials are provided with the understanding that the copyright holder is not engaged in rendering legal, accounting or professional services through the distribution of the materials. If expert assistance is required, the services of a professional should be contracted. This checklist may not be copied or used for any reason other than personal use in preparing contracts. Any other use, such as copying for use in presentations or speaking or writing will be considered a violation of the copyright.
