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  • March 1, 2023

THE FIVE MOST IMPORTANT TERMS A HOTEL OWNER CAN NEGOTIATE IN A FRANCHISE AGREEMENT

A franchise agreement may be the most important document a hotel owner negotiates.  A good relationship with the franchisor is at the core of a successful and profitable hotel business venture, and the franchise agreement is the foundation of that relationship. The franchise agreement is an extensive and detailed agreement.  It can often seem incomprehensible and intimidating to the potential franchisee.  There is often a perception that what the franchisor presents is fixed and non-negotiable.  However, a careful review and well prepared objections can often get an owner a better deal.  This article details the five most important terms that…

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  • April 2, 2021

LIABILITY RULES FOR OWNERS OF HOSPITALITY PROPERTIES

Premises liability law is an area of tort law that governs when a property owner is liable to a person injured on the property owner’s premises.  Maryland common law has developed some specific applications for hospitality properties. Where a hospitality property owner knows of, or has reason to know of, a dangerous condition on the property which creates an unreasonable risk of harm to guests and which guests are unlikely to discover, it may be liable for failure to exercise reasonable care to make the condition safe or to warn the guests of the presence of the dangerous condition and…

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  • August 13, 2020

Hotel Operations Under Maryland’s Current COVID-19 Orders & Guidance

On June 10, 2020, Maryland’s Department of Health issued an order pertaining to foodservice establishments, including hotel foodservice operations. Governor Hogan followed the June 10th order with one issued on August 3, 2020 that requires face coverings to be worn by anyone over the age of five (5) years old when indoors at any hotel foodservice location and outdoors when unable to maintain six (6) feet of distance from those whom are not members of their household. It is important to check local government orders and guidelines for COVID-19 pertaining to hotel operations. The orders permit hotel foodservice operations to:…

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  • January 14, 2019

Baltimore City Bill to Regulate Short-Term Rentals & Platforms

Baltimore City Bill to Regulate Short-Term Rentals & Platforms Baltimore City is the latest Maryland jurisdiction to pass legislation establishing a comprehensive framework to regulate short-term rental (STR) hosts and platforms such as Airbnb, FlipKey and VRBO. “We applaud lead sponsors Council President Jack Young and Councilman Eric Costello, and the entire Baltimore City Council for passing this important legislation,” said Amy Rohrer, President and CEO of the Maryland Hotel Lodging Association. “We believe this legislation strikes the right balance between preserving home-sharing for Baltimore guests and residents and protecting Baltimore’s hospitality industry from those investors who skirt the law and use short term rental platforms to operate illegal hotels…

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  • July 22, 2015

Termination of Hotel Management Agreements Under Maryland Law

During the course of negotiating an agreement between the owner of a hotel and a hotel operator, franchisor, or manager, one of the principal points of negotiation is the agreement’s term.  Over the course of the last few decades, however, numerous cases have held that, without regard to the term set forth in the agreement, a hotel owner always maintains the right to terminate a management agreement, even in the absence of a breach of the agreement by the manager.  These cases, however, may not be applicable in Maryland, which has a unique statute that provides hotel managers and operators…

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  • March 11, 2014

Hotel Pool Lift Requirements Under the ADA

Over the last several years, the hospitality industry has grappled with the requirements of the Americans with Disabilities Act (ADA) to make a number of recreational facilities, including swimming pools, accessible to individuals with a disability.

Title III of the ADA requires places of public accommodation, including hotels, to remove physical barriers in existing pools to the extent it is readily achievable to do so. In 2010, the Department of Justice (DOJ) published regulations under the ADA that contained specific accessibility requirements for swimming pools, and other types of recreational facilities.

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