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Hotel Lawyer: Experts Share Top 5 Tips on Picking the Right Hotel Operator and Brand for Your HotelJul 24, 12 | 12:06 am By Robert E. Braun and the Global Hospitality Group®Hotel Lawyers | Authors of www.HotelLawBlog.com 1. What financial assistance do brands provide?
2. What do brands get in return for key money?Two key issues came out of this discussion. First each panelist agreed that brands do not change their standards with key money; they expect to have long term agreements, and the key money is simply a means of encouraging owners. At the same time, brands will be more stringent in their terms, and are less willing to give concessions when they have skin in the game - the agreements have longer terms and are more difficult to terminate. Second, a majority of panelists agreed that as the market improves, key money and other financial incentives will fall away. Sam Winterbottom emphasized that brands put up key money to drive fee steams and income. An owner might get key money and get the deal done, but it comes with a price. 3. When is a brand going to require that it manage the property?
On the other hand, Craig Mance indicated that it would be difficult to see making a demand that Hilton manage its branded properties, but that because their approach to franchising is much tighter than managing, they can introduce some additional flexibility when they manage. 4. What is the key to a positive relationship between the owner and the brand?Sam Winterbottom emphasized that the brand and the owner need to discover and expand their commonality of interest. This means that the parties have to understand early the owner's long term goals and exit plan, because that's where the sticking point usually lies. Along the same lines, Rich Musgrove focused on the need to be collaborative and build mutual trust. Both sides to the relationship need to listen and perform, and to follow through on promises. The most critical element, therefore, is communication - no one likes surprises, and open communications between brands and owners avoid those problems. Larry Somma noted that Hyatt is unique among the major brands, since it owns 25% of the hotels it flags. Because of this, Hyatt recognizes that it has to live by the brand standards it develops, and has to make the same commitment to its properties that it asks of third party owners. Craig Mance suggested that key to the relationship with a sound brand that is predominately franchised is a sound agreement. Wordsmithing is not in the best interest of the owner - as long the properties are profitable, the relationship is pretty sound 5. What about soft brands - do they work for flags and owners?Craig Mance and Pat Badjek both said that their companies are intentionally not looking at soft or co-branded products, although their branding strategies have developed significantly over the years. The panelists noted, however, that it was an increasingly popular option for a number of players in the area. ConclusionMany aspects of management and brand relations change regularly, but picking a brand and manager is really a matter of focusing on the basics:
The brand and management of a property can make the difference between success and failure of the property, and thus the success or failure of the owner. Evaluating the benefits and challenges of brand and management in the beginning, with a realistic eye, will reap rewards during what is likely to be a long term relationship. For more information on hotel management agreementsYou will find a lot more information related to this topic on the Hotel Law Blog under the Topic hotel management and franchise agreements. The following are only a few of the resources you will find there:
This is Jim Butler, author of www.HotelLawBlog.com and hotel lawyer, signing off. We've done more than $60 billion of hotel transactions and have developed innovative solutions to help investors be successful in bidding for hotel acquisitions, and helping investors and lenders to unlock value from troubled hotel transactions. Who's your hotel lawyer? ________________________ About Robert E. Braun He is a senior member of the Global Hospitality Group® at JMBM. Mr. Braun advises hospitality clients with respect to management agreements, franchise agreements and spa agreements. He also advises on business formation, financing, mergers and acquisitions, venture capital financing and joint ventures, telecommunications, software, Internet, e-commerce, data processing and outsourcing agreements for the hospitality industry. Contact him at 310.785.5331 or rbraun@jmbm.com. ________________________ Our Perspective. We represent hotel owners, developers, investors and lenders. We have helped our clients find business and legal solutions for more than $60 billion of hotel transactions, involving more than 1,300 properties all over the world. For more information, please contact Jim Butler at jbutler@jmbm.com or +1 (310) 201-3526. Jim Butler is a founding partner of JMBM, and Chairman of its Global Hospitality Group® and Chinese Investment GroupTM. Jim is one of the top hospitality attorneys in the world. GOOGLE "hotel lawyer" and you will see why. Jim and his team are more than "just" great hotel lawyers. They are also hospitality consultants and business advisors. They are deal makers. They can help find the right operator or capital provider. They know who to call and how to reach them. Source: Hotel Law Blog Back to Latest Hospitality News |
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Rich Musgrove focused on the importance of balanced support, and to ensure that, from an asset management perspective, the tail doesn't wag the dog. Since each deal needs to make sense on its own, financial support should not be the sole criteria or the overwhelming criteria to go in a specific direction for operator.
Finally, Craig Mance said that out that of 185 deals approved last year, only 8 had key money. Instead, they focus on credit enhancement, although they cannot guarantee loans because of their relationship with Blackstone. 
