Hospitality Business DBA

HOSPITALITY BUSINESS DBA - GENERAL BUSINESS AGREEMENT

Parties and DBA Identification

This Agreement is entered into on by and between Owner: and Operator: .

Recitals

WHEREAS, Owner is the lawful registrant or proprietor of the trade name identified above and owns or controls the premises, assets, or goodwill associated with the hospitality operation; and

WHEREAS, Operator is experienced in the management and operation of hospitality services and agrees to operate, manage, and otherwise provide services for the business under the DBA subject to the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows.

Scope of Work

Operator shall provide all services necessary for the operation of the hospitality business under the DBA including, but not limited to, day-to-day management, staffing, food and beverage operations (if applicable), guest services, marketing, bookings, inventory control, procurement, maintenance coordination, and financial reporting. The specific duties, performance standards, and any deliverables shall be described below.

Payment Terms

Owner shall compensate Operator as set forth below. Unless otherwise stated, all amounts are payable in United States dollars and are exclusive of applicable taxes.

Term and Termination

This Agreement shall commence on and shall continue until unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon days' written notice to the other party. Termination for cause may be immediate where a party materially breaches this Agreement and fails to cure such breach within 15 days of written notice of the breach.

Upon termination, Operator shall deliver all records, inventory, and confidential materials to Owner and shall facilitate an orderly transfer of operations. Final accounting shall be prepared within 30 days of termination and any outstanding sums shall be paid in accordance with the Payment Terms.

Confidentiality

Each party shall keep confidential and shall not disclose to any third party any non-public business, financial, technical, or customer information of the other party (Confidential Information) disclosed in connection with this Agreement, except to those employees, agents, contractors, or advisors who need to know such information to perform obligations hereunder and who are bound by confidentiality obligations no less restrictive than those contained herein.

Confidential Information does not include information that: (a) is or becomes generally available to the public other than as a result of a breach of this Agreement; (b) was known to the receiving party prior to disclosure; (c) is received from a third party free to disclose it without obligation; or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. The obligations of confidentiality shall survive termination or expiration of this Agreement for a period of three (3) years, except for trade secrets which shall remain protected for so long as they meet the legal definition of trade secret.

Insurance, Indemnity and Compliance

Operator shall, at its expense, maintain commercial general liability, workers' compensation, and any other insurance coverages reasonably required for the operation of the hospitality business. Evidence of such insurance shall be provided to Owner upon request.

Each party shall indemnify, defend and hold harmless the other party and its officers, directors, employees and agents from and against any losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from the indemnifying party's breach of this Agreement, negligence, willful misconduct, or violation of law. This indemnity shall survive termination of this Agreement.

Operator shall comply with all applicable laws, regulations, licensing and health and safety requirements pertaining to the operation of the hospitality business and shall promptly notify Owner of any notices, inspections, or claims by regulatory authorities.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Any dispute arising out of or related to this Agreement shall be resolved by binding arbitration in the county where Owner's principal place of business is located, unless the parties mutually agree otherwise in writing.

Representations; Entire Agreement

Each party represents and warrants that it has the full power and authority to enter into and perform this Agreement and that the execution and performance hereof do not violate any other agreement to which it is a party.

This Agreement, together with any exhibits, schedules or written amendments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

Notices

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Owner may assign this Agreement in connection with a sale of substantially all of its assets or the transfer of the DBA.

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