Restaurant Management Services Agreement
Restaurant Management Services Agreement
This Restaurant Management Services Agreement ("Agreement") is made and entered into as of [Effective Date], by and between [Your Company Name], a [type of entity] organized and existing under the laws of [State/Country], with its principal place of business located at [Your Company Address] (hereinafter referred to as "Owner") and [Management Company Name], a [type of entity] organized and existing under the laws of [State/Country], with its principal place of business located at [Management Company's Address] (hereinafter referred to as "Manager").
Recitals
WHEREAS, the Owner owns and operates a restaurant located at [Your Company Address] (the "Restaurant");
WHEREAS, the Owner desires to engage the Manager to provide certain management services for the Restaurant, and the Manager is willing to provide such services under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
Article I: Engagement and Scope of Services
1.1 Engagement
The Owner hereby engages the Manager, and the Manager hereby accepts the engagement, to provide management services for the Restaurant as described in this Agreement.
1.2 Scope of Services
The Manager shall provide the following services (the "Services"):
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Operational Management: Oversee the daily operations of the Restaurant, including staffing, scheduling, and inventory management.
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Financial Management: Manage the Restaurant's finances, including budgeting, accounting, payroll, and financial reporting.
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Marketing and Promotion: Develop and implement marketing and promotional strategies to increase customer traffic and sales.
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Compliance: Ensure that the Restaurant complies with all applicable laws, regulations, and industry standards.
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Customer Service: Maintain high standards of customer service and address any customer complaints or issues promptly and effectively.
Article II: Term
2.1 Initial Term
The initial term of this Agreement shall commence on [Start Date] and shall continue for a period of [Initial Term Duration] years, unless terminated earlier in accordance with the provisions of this Agreement.
2.2 Renewal
This Agreement shall automatically renew for successive one-year terms unless either party provides written notice of non-renewal to the other party at least [Notice Period] days prior to the expiration of the then-current term.
Article III: Compensation
3.1 Management Fee
In consideration of the Services provided by the Manager, the Owner shall pay the Manager a management fee (the "Management Fee") equal to [Percentage]% of the Restaurant's gross revenue. The Management Fee shall be payable monthly, in arrears, within [Payment Period] days after the end of each calendar month.
3.2 Expense Reimbursement
The Owner shall reimburse the Manager for all reasonable and necessary expenses incurred by the Manager in the performance of the Services, provided that such expenses are pre-approved by the Owner. Reimbursement shall be made within [Reimbursement Period] days after receipt of an itemized invoice from the Manager.
Article IV: Performance Standards
4.1 Standard of Care
The Manager shall perform the Services in a professional and diligent manner, in accordance with industry standards and best practices.
4.2 Compliance with Laws
The Manager shall ensure that the Restaurant complies with all applicable local, state, and federal laws and regulations, including health and safety standards, employment laws, and licensing requirements.
Article V: Reports and Records
5.1 Financial Reports
The Manager shall provide the Owner with monthly financial reports detailing the Restaurant's revenue, expenses, and net income. These reports shall be delivered within [Reporting Period] days after the end of each calendar month.
5.2 Record Keeping
The Manager shall maintain accurate and complete records of all transactions and activities related to the management of the Restaurant. These records shall be made available to the Owner for inspection and audit upon reasonable notice.
Article VI: Insurance and Indemnification
6.1 Insurance
The Manager shall maintain, at its own expense, comprehensive general liability insurance and workers' compensation insurance covering its employees engaged in the performance of the Services. The Owner shall be named as an additional insured on the general liability policy.
6.2 Indemnification
The Manager shall indemnify, defend, and hold harmless the Owner, its officers, directors, employees, and agents from and against any and all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Manager's performance of the Services, except to the extent caused by the negligence or willful misconduct of the Owner.
Article VII: Confidentiality
7.1 Confidential Information
The Manager acknowledges that in the course of performing the Services, it may have access to confidential and proprietary information of the Owner, including but not limited to business plans, financial data, customer lists, and trade secrets (collectively, "Confidential Information"). The Manager agrees to keep all Confidential Information strictly confidential and not to disclose it to any third party without the Owner's prior written consent.
7.2 Return of Confidential Information
Upon termination of this Agreement, the Manager shall promptly return to the Owner all documents and materials containing Confidential Information, and shall not retain any copies thereof.
Article VIII: Termination
8.1 Termination for Convenience
Either party may terminate this Agreement for convenience by providing the other party with [Notice Period] days' written notice.
8.2 Termination for Cause
Either party may terminate this Agreement for cause if the other party fails to fulfill a material obligation under this Agreement, provided that the terminating party gives the other party written notice specifying the breach and a reasonable opportunity to cure it. If the breach is not cured within [Cure Period] days, the terminating party may terminate this Agreement by giving written notice to the other party.
8.3 Effect of Termination
Upon termination of this Agreement, the Manager shall cease performing the Services and shall promptly deliver to the Owner all documents and materials related to the management of the Restaurant. The Owner shall pay the Manager for all Services rendered through the effective date of termination.
Article IX: Miscellaneous
9.1 Notices
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, to the other party at its address set forth above.
9.2 Amendment
No amendment or modification of this Agreement shall be valid unless made in writing and signed by both parties.
9.3 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
9.4 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.
9.5 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9.6 Assignment
Neither party may assign this Agreement without the prior written consent of the other party, except that the Owner may assign this Agreement to a successor entity in the event of a sale or transfer of the Restaurant.
9.7 Waiver
The waiver by either party of any breach of this Agreement shall not operate as a waiver of any subsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Restaurant Management Services Agreement as of the Effective Date.
[Your Company Name]
[Your Company Address]
[Your Name]
[Management Company Name]
[Management Company's Address]
[Name]
