Restaurant Management Agreement Template for Denmark

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Restaurant Management Agreement

Document background
The Restaurant Management Agreement is essential when a restaurant owner wishes to delegate the operation and management of their establishment to a professional management company in Denmark. This agreement is particularly relevant for restaurant owners seeking professional expertise in operations, owners with multiple locations, or those wanting to benefit from experienced management while retaining ownership. The document comprehensively covers all aspects of restaurant management, including operational standards, financial arrangements, staff management, compliance with Danish food safety and hygiene regulations, and risk allocation between parties. It's structured to ensure compliance with Danish business law, employment regulations, and EU food safety standards, while protecting both the owner's interests and the manager's ability to operate effectively. The agreement becomes especially important in scenarios involving high-value restaurants, chain operations, or establishments requiring specialized management expertise.
Suggested Sections

1. Parties: Identifies and provides full details of the restaurant owner and management company

2. Background: Describes the context of the agreement, including brief description of the restaurant and the owner's desire to engage the manager

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Term: Specifies the appointment of the manager, scope of authority, and duration of the agreement

5. Manager's Duties and Responsibilities: Comprehensive outline of the manager's operational responsibilities including staff management, food service, maintenance, and compliance

6. Owner's Duties and Responsibilities: Specifies the owner's obligations including provision of facilities, equipment, and necessary licenses

7. Financial Management: Details handling of revenue, operating accounts, budgets, and financial reporting requirements

8. Fees and Payment Terms: Specifies management fees, including base fees, incentive fees, and payment terms

9. Staff and Employment: Addresses employment matters, including hiring, training, and compliance with labor laws

10. Compliance and Licenses: Requirements for maintaining necessary permits, licenses, and compliance with applicable laws

11. Insurance and Liability: Specifies required insurance coverage and allocation of liability between parties

12. Termination: Grounds for termination, notice requirements, and post-termination obligations

13. Confidentiality: Provisions protecting confidential information of both parties

14. Governing Law and Dispute Resolution: Specifies Danish law as governing law and outlines dispute resolution procedures

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Intellectual Property Rights: Required when the restaurant involves significant branded elements or proprietary recipes

2. Multiple Location Provisions: Needed when the agreement covers multiple restaurant locations

3. Franchise Compliance: Required when the restaurant is part of a franchise system

4. Environmental Compliance: Detailed section needed for restaurants with significant environmental impact or special sustainability requirements

5. Crisis Management: Detailed procedures for handling emergencies or crises, recommended for larger operations

6. Technology Systems: Required when specific technology systems or platforms are crucial to operations

7. Marketing and Promotion: Detailed marketing responsibilities and requirements, important for high-profile establishments

8. Property Maintenance: Detailed maintenance obligations when the property requires specific care or historical preservation

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the restaurant premises and facilities

2. Schedule 2 - Operating Standards: Specific performance metrics, quality standards, and operational requirements

3. Schedule 3 - Fee Structure: Detailed breakdown of management fees, incentive calculations, and payment terms

4. Schedule 4 - Initial Budget: First-year operating budget and financial projections

5. Schedule 5 - Equipment Inventory: List of all equipment and assets included in the management scope

6. Schedule 6 - Required Insurance: Detailed specifications of required insurance coverage

7. Schedule 7 - Key Performance Indicators: Specific metrics for evaluating management performance

8. Schedule 8 - Staff Positions and Organization: Organization chart and key staff position descriptions

9. Appendix A - Form of Monthly Report: Template for required monthly operational and financial reporting

10. Appendix B - Emergency Procedures: Detailed emergency response procedures and contact information

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Food Act (Fødevareloven): Primary legislation governing food safety, hygiene requirements, and restaurant operations in Denmark. Ensures compliance with EU food safety regulations.
Danish Contracts Act (Aftaleloven): Governs the formation and enforcement of contracts in Denmark, essential for the management agreement's validity and interpretation.
Danish Working Environment Act (Arbejdsmiljøloven): Regulates workplace safety and working conditions, crucial for restaurant operations and staff management.
Danish Business Act (Erhvervsloven): Covers general business operations, licensing, and commercial regulations in Denmark.
EU General Food Law Regulation (EC) No 178/2002: Establishes European food safety principles and requirements that Danish restaurants must follow.
Danish Environmental Protection Act (Miljøbeskyttelsesloven): Regulates environmental impact, waste management, and sustainability requirements for restaurant operations.
Danish Marketing Practices Act (Markedsføringsloven): Governs advertising and marketing practices, relevant for restaurant promotion and customer communications.
Danish Personal Data Act (Databeskyttelsesloven): Implements GDPR in Denmark, crucial for handling customer and employee data in restaurant operations.
Danish VAT Act (Momsloven): Governs taxation and VAT requirements specific to restaurant and food service businesses.
Danish Competition Act (Konkurrenceloven): Regulates fair competition and anti-trust matters, relevant for restaurant management agreements and market operations.
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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