Restaurant Management Agreement Template for Switzerland

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Key Requirements PROMPT example:

Restaurant Management Agreement

"I need a Restaurant Management Agreement for my fine dining establishment in Zurich, where I want to retain final approval on menu changes and chef appointments while delegating all other operational responsibilities to the management company, with the agreement to commence on March 1, 2025."

Document background
The Restaurant Management Agreement is essential when a restaurant owner seeks to delegate the operation of their establishment to a professional management company while retaining ownership of the business. This arrangement is common in Switzerland's sophisticated hospitality market, where owners may possess the property but require expertise in day-to-day operations. The agreement outlines the manager's authority to operate the restaurant, handle staffing, maintain quality standards, and manage finances, while ensuring compliance with Swiss regulations. It's particularly relevant for new restaurant ventures, ownership transitions, or when owners wish to benefit from professional management expertise. The document must comply with Swiss federal laws, including the Code of Obligations and Federal Act on Foodstuffs, as well as cantonal hospitality regulations.
Suggested Sections

1. Parties: Identification of the restaurant owner and the management company, including full legal names and addresses

2. Background: Context of the agreement, including brief description of the property and purpose of the management arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Term: Scope of manager's appointment, duration of the agreement, and renewal terms

5. Manager's Rights and Responsibilities: Comprehensive outline of the management company's authority, duties, and operational responsibilities

6. Owner's Rights and Obligations: Owner's retained rights, responsibilities, and obligations regarding the property and operation

7. Staff and Employment: Employment arrangements, staffing responsibilities, and allocation of employment liabilities

8. Financial Arrangements: Management fees, payment terms, expense allocations, and financial reporting requirements

9. Operating Standards: Required quality standards, brand standards, and operational benchmarks

10. Maintenance and Capital Expenditure: Responsibilities for maintenance, repairs, and capital improvements

11. Insurance and Liability: Required insurance coverage and allocation of risks between parties

12. Termination: Grounds for termination, notice requirements, and consequences of termination

13. Post-Termination Obligations: Obligations and transitions following agreement termination

14. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

Optional Sections

1. Intellectual Property: Provisions regarding trademarks, branding, and IP rights when the restaurant operates under a specific brand

2. Non-Compete: Restrictions on the manager's ability to operate competing establishments, used when protecting market position

3. Emergency Services: Special provisions for manager's responsibilities during emergencies or force majeure events

4. Environmental Compliance: Specific environmental obligations when the property has particular environmental concerns

5. Marketing and Promotion: Detailed marketing responsibilities and budget when marketing is a significant component

6. Technology Systems: Provisions regarding POS systems, booking systems, and other technology when specific systems are required

7. Third-Party Contracts: Management of supplier relationships and contracts when significant third-party relationships exist

8. Property Improvement Plan: Schedule for renovations or improvements when specific upgrades are planned

Suggested Schedules

1. Property Description: Detailed description of the restaurant premises, including floor plans and facilities

2. Fee Structure: Detailed breakdown of management fees, including base fees, incentive fees, and expense categories

3. Performance Standards: Specific KPIs, quality metrics, and performance benchmarks

4. Required Insurance: Detailed insurance requirements including types of coverage and minimum limits

5. Operating Budget: Initial or sample operating budget and budget preparation procedures

6. Inventory: Initial inventory of FF&E and other owner-provided items

7. Staff Positions: Key personnel positions and organizational structure

8. Brand Standards: Detailed brand and operating standards if applicable

9. Financial Reporting Templates: Required formats for financial reports and statements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Hospitality

Food & Beverage

Real Estate

Restaurant Operations

Hotel Management

Facility Management

Commercial Property

Leisure & Entertainment

Relevant Teams

Legal

Operations

Finance

Compliance

Property Management

Food & Beverage

Business Development

Risk Management

Commercial

Facility Management

Relevant Roles

Restaurant Owner

Operations Director

General Manager

Chief Financial Officer

Legal Counsel

Property Manager

Food & Beverage Director

Compliance Officer

Business Development Manager

Facilities Manager

Contract Manager

Risk Manager

Regional Director

Managing Director

Commercial Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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