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Negotiating: Driving the Deal, Part 2

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Barbara Dunn

Moderated by

Zach Chouteau

March 28, 2012

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Today’s Webinar is worth the following credit toward the CMP

application through CIC: Strategic Event Planning Process, 1 hour.

Download the presentation found on the Meetings Webinar Club

page at www.meetingsfocus.com/webinarclubnegotiating. Here

you can also click on the link for CMP instructions to obtain CMP

credit. Print this form and include it with your CMP application or

recertification form.

CIC Credit

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F&B: Low-Cost Creativity

Wednesday, April 25, 2012

1:00 p.m. EDT/12:00 p.m. CDT

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• Identify common obstacles in contract negotiations

• Describe each party’s position on various critical issues in

contract negotiation

• List strategies for approaching supplier partners on negotiation

items

• Learn how to overcome negotiation obstacles such as rate

protection, room attrition, and cancellation fee provisions.

Learning Objectives

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Barbara F. Dunn, Esq. Attorney and Partner with Howe & Hutton

bfd@howehutton.com

www.howehutton.com

Today’s Speaker

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• Presented by:

• Barbara F. Dunn, Esq. • Attorney and Partner

• Howe & Hutton, Ltd.

• Wednesday, March 28, 2012

Negotiating: Driving the Deal,

Part 2

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Strategies for Success in Today’s

Marketplace

• Re-negotiation of existing contracts for future meetings

• Negotiation of new contracts

• Balancing Business vs. Legal Issues

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Key Clauses to Address in Hotel

Contracts

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Rate Protection

• How to Negotiate Rates

• Rate Increase Clauses

• Rate Protection

• Hotel Rate Promotions

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Room Block Attrition

• Is a Clause Required?

• Block Reductions

• Meeting Room Rental

• Sleeping Room Profit vs. Other

Revenues

• Maximum Pick Up

• Booking Outside the Block

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Food & Beverage Attrition

• Guaranteed Total Minimum Food and Beverage

Revenue

• Catered Food and Beverage vs. Room Service

• Sponsored or In Conjunction With (ICW) F&B Revenue

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Establishment of Master

Account/Credit Policies

• Evaluation of Creditworthiness Deposit Schedule?

• Master Account Review and Billing

• Disputed Charges

• Collection Costs

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Cancellation Fee

• Ideal Cancellation Clause

• Profit vs. Revenue

• Resale Efforts

• Rebooking Cancelled Meeting

• What if Hotel Cancels?

• Ancillary Spending

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Force Majeure

• What’s on the “grocery list” of calamities?

• What is the legal standard?

• What if the group still wants to perform?

• What are the key terms to include/exclude?

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Change in Management

• Change in Management Company vs. Change in Owner

• Negotiation of New Contract?

• Standards of Performance

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Financial Difficulties at Hotel

• Bankruptcy vs. Financial Difficulties

• Deterioration in Quality /Facilities/Services

• Right to Assurances

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Construction/Renovation

• Notice of Projects

• Evaluation of Impact

• Best Efforts to Resolve Potential

Problems

• Agreement on Remediation Plan

• Right to Cancel Without Liability

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Dispute Resolution

• Contract Clauses

• Choice of Law

• Choice of Forum

• “Cooling off” Period

• Approaches to Resolving Disputes Without

Litigation

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Thank you!

For further information or resource please contact Barbara:

Barbara F. Dunn, Esq. Howe & Hutton, Ltd. Tel (636) 256-3351

Email bfd@howehutton.com

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Questions?

Barbara Dunn Attorney and Partner

Howe & Hutton

bfd@howehutton.com

Zach Chouteau eMedia Content Developer

Meetings Focus

zach.chouteau@meetingsfocus.com

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Upcoming Webinar F&B: Low-Cost Creativity

Wednesday, April 25, 2012

1:00 p.m. EDT/12:00 p.m. CDT

11:00 a.m. MDT/10:00 a.m. PDT

Presented by: Arlene Sheff, CMP

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“Negotiating: Driving the Deal, Part 2”

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