Management Contract Vs Franchise Agreement

If a provision (s) of this agreement is found to be legally unlivable by a competent court, these provisions must be suggested in such a way that they are as consistent as possible with the intentions of the parties, with the other provisions remaining fully in force. Hotelexecutive`s failure to exercise or apply a right or provision of this Agreement does not constitute a waiver of that right or provision, unless HotelExecutive has confirmed it in writing and has given its consent. The section titles of this contract are used exclusively for the comfort of the parties and have no legal or contractual significance. This agreement can be awarded in whole or in part by HotelExecutive. This agreement cannot be ceded by you without the express and prior written permission of HotelExecutive. Any litigation or controversy of any kind, including, but not limited to benefits, obligations, obligations or responsibilities arising from or related to this Agreement that are not resolved initially informally, will be determined by a binding arbitration procedure in San Francisco, California, in accordance with the rules of the American Arbitration Association. The final arbitral award in such an arbitration procedure is subject to registration as a judgment of a competent court or court, unless that judgment is contrary to the provisions and provisions of this decision. The adjudicator`s jurisdiction over law is limited only by the legal and general law of the State of California and the United States. Notwithstanding the above, all disputes that the parties cannot resolve informally regarding the scope of matters or matters within the jurisdiction of the arbitrator are resolved through a separate dispute resolution procedure in which HotelExecutive chooses, at its sole discretion, the dispute to be settled either in a competent court in the State of California. (2) to a group of three new referees. This agreement is governed by the laws of the State of California and will be interpreted accordingly, regardless of the conflict of laws rules.

You and HotelExecutive agree that the location of all litigation, controversies, acts of any kind arising from or related to this agreement, is San Francisco, California. You and HotelExecutive also agree that in the event of a dispute with respect to this agreement, you will irrevocably and unconditionally consent (i) to the exclusive jurisdiction of the state and federal courts of San Francisco County, California, for any litigation or dispute arising from or related to that agreement, (ii) to declare that this is not a dispute arising from or in connection with the agreement. except in California courts. , (iii) not to plead or assert that such litigation brought in such proceedings has been brought in an uncomfortable forum and (iv) agree that the California courts are the exclusive jurisdiction for all litigation relating to this agreement. Christine Ravanat is an international specialist with strategic and operational experience in the services and travel sector. With 20 years of experience at AccorHotels, she is now senior VP of the Partner Business Development department. Among his major achievements in BtoB is the creation of a Business to Partners department for owners of better managed and franchised hotels, through digital transformation. HotelExecutive reserves the right to cooperate fully with law enforcement agencies or court orders that request or order HotelExecutive to disclose the identity or other information about users or members who are alleged by a state agency to use hotelExecutive, or with content or material available in, via, by or in connection with HotelExecutive in violation of laws or regulations. , or in violation of this agreement, including, but not limited to sending e-mail messages, or publishing or any other provision of such documents.