Restaurant Management Agreement
OUTLINE
The complete text comes as a computer text
file for operators who wish to pursue this avenue of
operations. It has been through legal review for use in the
State of Colorado and I am sure you will want your legal
counsel's opinion of it for use in your area.
However, the review will cost significantly less than it
would cost you to have counsel write it from scratch ... if
he/she was even capable of doing it for a fee you could afford!
(My attorney told me there was no way he could have written
it.)
In any case, it is one more possibility to be aware of as
you consider options for the future.
Immediate download in Microsoft Word format -
$297
Immediate
download in WordPerfect format - $297
RESTAURANT MANAGEMENT
AGREEMENT
THIS MANAGEMENT
AGREEMENT entered into this ___ day of
_____________, 20___ by and between _____________________, a
Washington Corporation ("Owner") having an office at
_________________, ________________, Washington and PROTOTYPE
MANAGEMENT, INC., a Delaware Corporation ("Operator"), having
an office at 1111 - 115th Street Court NW (PO Box 280), Gig
Harbor, Washington.
WITNESSETH
WHEREAS, Owner
owns a restaurant known as "____________________"
("Restaurant") located at ______________________ in
_____________, Washington; and
WHEREAS, Owner
desires to assure the profitability of the Restaurant
operation; and
WHEREAS,
Operator is experienced in the management and operation of
restaurants; and
WHEREAS, Owner
wishes to obtain the benefits of the Operator's expertise to
operate, direct, manage and supervise the Restaurant, subject
to the rights and obligations of the Owner as hereinafter set
forth, and
WHEREAS,
Operator, for a fee, wishes to assume said control and
discretion;
NOW,
THEREFORE, Owner and Operator covenant and
agree as follows:
ARTICLE 1 - TERM
OF AGREEMENT 1.1 Operating Term
ARTICLE 2 -
MANAGEMENT SERVICES 2.1 Exclusive
Management
2.2 Operator's Responsibilities
ARTICLE 3 -
OPERATOR TO ACT SOLELY AS AGENT OF OWNER 3.1
Duties
3.2 Debts and Liabilities
3.3 Employees
3.4 Indemnification
ARTICLE 4 - OWNER
TO BEAR ALL OPERATING EXPENSES 4.1 Operating
Capital
4.2 Advancement of Funds
ARTICLE 5 -
WORKING CAPITAL AND BANK ACCOUNTS
5.1 Working Capital
5.2 Agency Account
5.3 Deposit Account
5.4 Reserve Account
5.5 Tax Account
5.6 Imprest Account
5.7 Maintenance of Accounts
5.8 Surety Bonds
5.9 Disposition of Funds
ARTICLE 6 -
BOOKS, RECORDS AND STATEMENTS
6.1 Books of Account
6.2 Accounting Periods
6.3 Period Statements
6.4 Certified Annual Statements
ARTICLE 7 -
OPERATOR'S MANAGEMENT FEE
7.1 Fee Structure
7.2 Basic Management Fee
7.3 Incentive Management Fee
7.4 Minimum Management Fee
7.5 Items Excluded
7.6 Reduction of Incentive Management Fee
7.7 Allowance for Startup Phase
ARTICLE 8 -
PAYMENTS TO OPERATOR AND OWNER 8.1 Payment
to Operator
8.2 Payment to Owner
ARTICLE 9 - GROSS
SALES AND OPERATING INCOME
9.1 Definition of Gross Sales
9.2 Definition of Operating Income
9.3 Items Excluded
ARTICLE 10 -
RESERVE FOR REPLACEMENT 10.1 Reserve
Account
10.2 Use of Reserve Fund
ARTICLE 11 -
INSURANCE 11.1 Insurance on Building and
Contents
11.2 Other Insurance
11.3 Also Insured
ARTICLE 12 -
MODIFICATION AND EXTENSION OF AGREEMENT 12.1
Modification
12.2 Extension
12.3 Expiration
ARTICLE 13 -
TERMINATION 13.1 Termination
13.2 Termination Fee
13.3 Default
ARTICLE 14 -
RIGHTS OF OPERATOR 14.1 Right to Other
Ventures
14.2 Use of Systems and Concepts
ARTICLE 15 -
RIGHTS AND CONDUCT OF OWNER 15.1 Right to
Access
15.2 Conduct Prohibited
ARTICLE 16 -
OTHER PROVISIONS 16.1 Income Taxes
16.2 Legal Fees
16.3 Arbitration
16.4 Jurisdiction
16.5 Notices
16.6 Attorney's Fees
16.7 Longevity of Agreement
16.8 Binding
16.9 Entire Agreement
IN WITNESS
WHEREOF, Owner and Operator have duly executed
this Agreement the day and year first above written.
SCHEDULE A
Operating Income
SCHEDULE B
Occupation Costs
Immediate download in Microsoft Word format -
$297
Immediate
download in WordPerfect format - $297
|