![]() In this age of data breaches, General Data Protection Regulations, California Consumer Privacy Acts and a host of other data-protection regimes, the representation and warranty to maintain/protect data privacy and confidentiality is a critical one. 3.Ĝonfidentiality and Protection of Personally Identifiable Information You might think this is an obvious requirement for any activity or event scheduled at a hotel or resort, but ensuring that the hotel covenants to provide the necessary electricity and other power and utilities required to successfully run an event without additional charges to you prevents the property from claiming that any special displays or features during your event (e.g., a special, very flashy light-up wall) aren't covered in their standard provision of utilities to guests. If the hotel wants to make this representation mutual, limit your representation to just those laws applicable to the transactions contemplated under your event agreement. Particularly for hotels and other resorts, these applicable laws should also include compliance with the Federal Hotel and Motel Fire Safety Act of 1990 (United States Public Law 101-391), requiring that each sleeping room in the hotel has a dedicated smoke detector and automatic sprinkler system.Įnsure that the hotel also includes language in this representation that all of the hotel facilities and rooms shall be kept in a neat, orderly and hygienic state in order to provide a safe and secure environment for all guests, as these are requirements that are also set by relevant federal, state and local laws. 1.Ĝompliance With LawsĪt a minimum, the hotel should represent and warrant that it and all hotel-related activities occurring on its premises have complied and will comply with all applicable laws, rules and regulations including all health, fire, safety and building codes and rules. ![]() What basic representations and warranties/covenants to perform/performance guarantees - call them what you will - should the hotel be providing to you in your contract? Following are the key ones you'll need, and we'll highlight as well which ones you should definitely not "make mutual" by agreeing to them yourself. At this point, then, what essential representations and warranties should they be making to you for your event? Representations and warranties! You go back over your contract and, with the exception of the hotel stating they will provide the rooms, meeting space and pricing on the dates you're contracted for, you don't see any other language where they commit to do or provide anything. ![]() What was that phrase they used - representations and warranties? Promises to perform? Was that it? What is it your contract is missing? You find yourself thinking back to the last monthly meeting of your local meeting planners association, where a featured speaker talked about essential terms that should be in all of your contracts. You can't quite put your finger on it, though. Now you're reviewing the agreement one last time before letting the hotel know it's ready to go in final form and get signed.īut, a stray thought keeps nagging in the back of your mind - it seems like there's some important language, some key terms and conditions that you're just not seeing in the text of your contract. You and your company have poured over room-block commitments, haggled over attrition rates, gone to the mat over food and beverage pricing. You're just about ready to finalize your event agreement with the "ABC Hotel & Resort" after weeks of negotiations and back and forth with both their sales team and their legal team.
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