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Management Operating Agreement
"I need a Management Operating Agreement for a chain of five boutique hotels in Queensland, with particular emphasis on brand standards maintenance and staff training requirements, where the operator will take full operational control from March 2025."
1. Parties: Identification of all parties to the agreement, including the owner/principal and management operator
2. Background: Context of the agreement, including brief description of the business and purpose of the management arrangement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Appointment and Term: Formal appointment of the operator and duration of the agreement, including renewal terms
5. Operator's Rights and Obligations: Comprehensive outline of the operator's authority, responsibilities, and scope of services
6. Owner's Rights and Obligations: Details of the owner's ongoing responsibilities, reserved powers, and obligations
7. Financial Management: Management of accounts, budgeting, reporting requirements, and financial controls
8. Fees and Payments: Structure of management fees, performance fees, and payment terms
9. Staff and Employment: Management of employees, responsibilities for employment obligations, and HR policies
10. Reporting and Communication: Required reports, frequency of meetings, and communication protocols
11. Insurance and Liability: Insurance requirements and allocation of liability between parties
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. Handover Provisions: Process for transition of management at end of term or termination
14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. Intellectual Property: Required when specific IP rights need to be protected or licensed as part of the operation
2. Non-Compete and Confidentiality: Additional restrictions on operator's activities and information handling
3. Performance Metrics: Specific KPIs and performance measurement criteria when performance-based compensation is included
4. Emergency Procedures: Special provisions for handling emergency situations in high-risk operations
5. Environmental Compliance: Required for operations with significant environmental impacts or obligations
6. Technology and Systems: When specific technology or systems are critical to the operation
7. Capital Expenditure: Required when operator has authority to make or recommend capital improvements
8. Marketing and Branding: When operator has specific responsibilities for marketing and brand management
1. Schedule 1 - Services Specification: Detailed description of all services to be provided by the operator
2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, charges, and payment calculations
3. Schedule 3 - Performance Criteria: Specific performance metrics and measurement methodologies
4. Schedule 4 - Operating Procedures: Standard operating procedures and policies
5. Schedule 5 - Asset Register: List of assets under management
6. Schedule 6 - Reporting Templates: Standard formats for required reports and documentation
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
8. Appendix A - Initial Budget: Approved operating budget for initial period
9. Appendix B - Key Personnel: List of key management positions and approved personnel
10. Appendix C - Compliance Requirements: Specific regulatory and compliance obligations
Authors
Agreement
Annual Budget
Applicable Laws
Appointed Date
Approved Operating Budget
Asset Register
Assets
Associated Entities
Authorised Representative
Base Fee
Best Industry Practice
Business
Business Day
Business Hours
Business Plan
Capital Expenditure
Commencement Date
Confidential Information
Contract Year
Control
Corporations Act
Default Event
Defaulting Party
Dispute
Effective Date
Emergency
Encumbrance
Event of Default
Expiry Date
Facilities
Financial Year
Force Majeure Event
Good Industry Practice
Gross Operating Profit
GST
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Legal Requirements
Liabilities
Management Fee
Management Services
Material Adverse Effect
Notice
Operating Account
Operating Expenses
Operating Standards
Operational Control
Operations Manual
Operator
Owner
Performance Criteria
Performance Fee
Permitted Purpose
Personnel
Premises
Principal
Related Body Corporate
Relevant Authority
Renewal Term
Reports
Required Insurances
Security Interest
Services
Specific Change in Law
Specified Rate
Staff
Subcontractor
Term
Termination Date
Working Capital
Term and Renewal
Management Services
Authority and Limitations
Operational Standards
Performance Standards
Financial Management
Budgeting and Planning
Fee Structure
Payment Terms
Staff and Employment
Subcontracting
Insurance
Indemnification
Asset Management
Maintenance
Reporting Requirements
Record Keeping
Audit Rights
Intellectual Property
Confidentiality
Data Protection
Health and Safety
Environmental Compliance
Regulatory Compliance
Force Majeure
Default and Remedies
Termination
Step-In Rights
Transition Services
Assignment
Change of Control
Dispute Resolution
Governing Law
Notices
Amendments
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Interpretation
Representations and Warranties
Compliance with Laws
Anti-Corruption
Business Continuity
Emergency Procedures
Quality Control
Risk Management
Customer Service Standards
Marketing and Promotion
Technology and Systems
Relationship of Parties
Real Estate
Healthcare
Hospitality
Infrastructure
Mining
Manufacturing
Retail
Education
Aged Care
Facilities Management
Property Development
Asset Management
Energy and Resources
Agriculture
Legal
Operations
Commercial
Risk and Compliance
Facilities Management
Asset Management
Business Development
Property Management
Contract Administration
Executive Leadership
Finance
Chief Executive Officer
Chief Operating Officer
Operations Director
Facility Manager
Asset Manager
General Counsel
Legal Counsel
Commercial Director
Contract Manager
Business Development Manager
Risk Manager
Compliance Officer
Property Manager
Operations Manager
Project Director
Managing Director
Head of Operations
Director of Facilities
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