Hotel Maintenance Agreement

This Hotel Maintenance Agreement ("Agreement") is made and entered into as of [Month Day, Year] ("Effective Date"), by [Your Company Name] ("Hotel") and [Your Partner Company Name] ("Service Provider"). This Agreement outlines the terms under which the Service Provider will provide maintenance services for the Hotel’s facilities, aiming to maintain operational continuity and high standards of guest comfort and safety.

WHEREAS, [Your Company Name] ("Hotel"), situated at [Your Company Address], is engaged in providing hospitality services and requires continuous maintenance of its facilities to ensure operational excellence and guest satisfaction;

WHEREAS, [Your Partner Company Name] ("Service Provider"), located at [Your Partner Company Name Address], specializes in the provision of comprehensive maintenance services tailored to the unique needs of the hospitality industry;

AND WHEREAS, the Hotel desires to engage the Service Provider to perform maintenance services under the terms set forth herein to ensure that its facilities are maintained to the highest standards;

NOW, THEREFORE, the parties hereto agree as follows:

1. Scope of Services

The Service Provider is entrusted with comprehensive maintenance responsibilities across the Hotel’s property, ensuring all systems and structures are maintained to optimal standards.

1.1. HVAC System Maintenance: The Service Provider will conduct regular servicing, emergency repairs, and proactive replacements of HVAC units to ensure a comfortable environment for guests and staff throughout the year.

1.2. Electrical System Upkeep: Maintenance includes all electrical panels, wiring, and fixtures to ensure safety and efficiency, incorporating routine safety checks and compliance with the latest electrical standards.

1.3. Plumbing Maintenance: The Service Provider will perform scheduled and emergency plumbing services to ensure all facilities are operational and comply with health regulations. This includes leak repairs, pipe replacements, and drainage cleaning.

1.4. Landscaping Services: Ongoing landscaping maintenance will enhance the aesthetic appeal of the property, including lawn care, planting, and seasonal decorations.

1.5. General Building Upkeep: Regular inspections and repairs of structural elements, roofing, paintwork, and other building components are included to maintain the property’s appearance and functionality.

2. Duration of Agreement

This Agreement shall commence on [Start Date] and will extend for three years until [End Date]. It may be renewed upon mutual agreement, which must be formalized at least 90 days prior to the end of the current term.

3. Payment Terms

The Hotel agrees to a total annual compensation for the Service Provider of ONE HUNDRED TWENTY THOUSAND US DOLLARS ($120,000) for the services rendered under this Agreement.

3.1. The payment structure is quarterly, with THIRTY THOUSAND US DOLLARS ($30,000) due at the start of each quarter.

3.2. Late payments will incur a daily fee of FIFTY US DOLLARS ($50) to ensure timely financial management.

4. Performance and Standards

The Service Provider commits to performing all maintenance activities to the highest professional and industry standards, ensuring that the services provided are of exceptional quality and reliability.

4.1. All maintenance work undertaken will strictly comply with current federal, state, and local laws and regulations, thus maintaining full legal compliance across all operational activities.

4.2. The Hotel retains the right to inspect any and all maintenance work conducted by the Service Provider to ensure that the work not only meets but potentially exceeds the established standards of quality and safety.

4.3. Should any of the performed work be found deficient, the Service Provider is required to promptly address and rectify the issue at no additional cost to the Hotel.

4.4. Regular audits and inspections will be scheduled to ensure continuous adherence to agreed-upon standards and to facilitate immediate corrections when necessary.

5. Termination and Cancellation

This Agreement may be terminated by either party, provided that [number] days' written notice is given, ensuring ample time to rearrange or conclude operational priorities.

5.1. Upon termination, the Service Provider is entitled to compensation for all services performed satisfactorily up to the date of termination, ensuring that no party suffers undue financial loss.

5.2. Termination of this Agreement will not affect any accrued rights or remedies to which either party may be entitled at the time it ends.

5.3. In the event of termination, both parties agree to cooperate fully to ensure an orderly and efficient transition or cessation of services.

6. Dispute Resolution

Should disputes arise from or relate to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, the parties shall strive to resolve the matter amicably through mutual consultation or mediation.

6.1. If the dispute cannot be resolved by such informal methods, binding arbitration shall be pursued. Arbitration proceedings will be conducted under the rules of the American Arbitration Association or another arbitration service mutually agreed upon by the parties.

6.2. Each party will bear its own costs and expenses in the arbitration, and both parties will equally share the fees of the arbitration and the arbitrator, promoting a fair and balanced resolution to the conflict.

6.3. The decision rendered by the arbitrator will be conclusive, final, and binding upon both parties, and a judgment thereon may be entered in any court having jurisdiction thereof.

7. Indemnification

The Service Provider agrees to indemnify, defend, and hold harmless the Hotel, its affiliates, officers, agents, and employees from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise from or relate to the Service Provider’s negligence, misconduct, or breach of this Agreement. This indemnification obligation includes, but is not limited to, any damages or expenses arising from any injury to persons or damage to property which occurs as a result of the Service Provider's actions or omissions.

7.1. This indemnity will cover all aspects of legal fees, settlements, and other related costs that the Hotel incurs in defending itself against such claims.

7.2. The obligations of this section shall survive the termination or expiration of this Agreement and continue in full force and effect.

8. Confidentiality

Both parties acknowledge and agree that during the course of this Agreement, each party may be exposed to or acquire communication or data that is confidential to the other party. The parties agree to hold these secrets in strict confidence. They shall not make use of, disseminate, or in any way disclose such information to any person, firm, or business, except for any purpose the parties may agree in writing.

8.1. Confidential information includes, but is not limited to, business and financial information, customer and vendor lists, and pricing and sales information.

8.2. Any breach of confidentiality represents a material breach of this Agreement and, in addition to any other legal remedies available, may result in the immediate termination of this Agreement.

9. Force Majeure

Neither party shall be liable to the other for any delay or failure in performance under this Agreement arising out of a cause beyond their control and without their fault or negligence. Such causes may include, but are not limited to, acts of God, wars, terrorism, public health emergencies, strikes, fire, flood, or other natural disasters.

9.1. Upon occurrence of any Force Majeure event, the affected party shall notify the other party of its inability to perform and estimate the likely duration of the interruption. Both parties will exert reasonable efforts to mitigate the effects of the Force Majeure event.

9.2. Should the interruption continue beyond a period of [Specify Duration], this Agreement may be terminated by either party without penalty.

10. Amendments

This Agreement may be amended only by mutual agreement of the parties through written instrument signed by both parties. Such amendments shall be attached to and become part of this Agreement.

10.1. No oral modification, amendment or addition shall be effective unless it is put in writing and signed by both parties.

10.2. Any amendments made to this Agreement shall take precedence over any previous agreements or understandings (oral or written).

IN WITNESS WHEREOF, the parties have executed this Agreement to begin on the date first above written, with each party ensuring that their respective signatories are fully authorized to bind their respective entities to the terms of this Agreement.

[Your Name]

[Your Job Title]

[Your Company Name] (Hotel)

Date: [Month Day, Year]

[Your Partner Company Representative Name]

[Job Title]

[Your Partner Company Name] (Service Provider)

Date: [Month Day, Year]