Hotel Marketing Contract

This Marketing Agreement ("Agreement") is made and entered into as of [Effective Date], by and between [Your Company Name], a [Hotel Legal Entity Type], located at [Your Company Address] ("Hotel"), and [Marketing Agency Name], a [Marketing Agency Legal Entity Type], located at [Marketing Agency Address] ("Marketing Agency"). The purpose of this Agreement is to outline the terms and conditions under which the Marketing Agency will provide marketing services to the Hotel.

I. Scope of Services

The Marketing Agency agrees to provide the following marketing services to the Hotel:

Digital Marketing: Search Engine Optimization (SEO), Social Media Marketing
Content Creation: Website Content, Blog Posts, Visual Content
Advertising: Online Advertising (Google Ads), Print Advertising
Event Promotion: Coordination and Promotion of Hotel Events

All services will be delivered according to the timelines specified in the project plan (Appendix A).

II. Responsibilities of Marketing Agency

The Marketing Agency shall:

Develop and implement marketing strategies to achieve the objectives outlined in the project plan.
Provide regular updates and reports on the progress of marketing campaigns.
Ensure all marketing materials comply with the Hotel’s branding guidelines.
Coordinate with the Hotel’s designated contact person for approvals and feedback.
Manage advertising budgets and provide detailed expenditure reports.
Maintain confidentiality of all Hotel information.

III. Responsibilities of Hotel

The Hotel shall:

Provide the Marketing Agency with access to necessary resources, including branding guidelines, logos, and existing marketing materials.
Designate a primary contact person to coordinate with the Marketing Agency.
Review and approve marketing materials and strategies in a timely manner.
Provide feedback and input on marketing strategies and campaigns.
Ensure timely payment of invoices as per the agreed schedule.

IV. Compensation and Payment Terms

A. Monthly Fee: The Hotel agrees to pay the Marketing Agency a fixed fee of $10,000 per month for the services provided under this Agreement. This fee covers all standard marketing activities as outlined in the Scope of Services section. The fixed fee is intended to compensate the Marketing Agency for its expertise, time, and resources dedicated to achieving the Hotel’s marketing objectives.

B. Payment Schedule: Payment will be made on the 1st of each month. The Marketing Agency will submit an invoice at the end of each month detailing the services provided during that month. The Hotel agrees to process and pay the invoice within five business days of receipt to ensure timely compensation.

C. Additional Costs: Any additional costs incurred by the Marketing Agency, such as advertising spend, travel expenses, and special projects, will be pre-approved by the Hotel. These costs will be billed separately from the monthly fee. Invoices for additional costs will be submitted monthly and are due within 15 days of receipt. The Marketing Agency will provide detailed documentation and receipts for all additional expenses.

V. Performance Metrics and Reporting

A. Key Performance Indicators (KPIs): To measure the effectiveness of the marketing efforts, the following Key Performance Indicators (KPIs) will be used:

Increase in Website Traffic: The goal is to increase website traffic by 20% within six months of implementing the marketing strategies.
Social Media Engagement: Achieve a social media engagement rate of 5% per post across all active platforms.
Lead Generation: Generate a minimum of 1,000 leads per month through targeted email campaigns and online advertising.

B. Monthly Performance Reports: The Marketing Agency will provide detailed monthly performance reports to the Hotel. These reports will include data and analysis on the KPIs, as well as insights and recommendations for ongoing marketing activities. The reports will be submitted within five business days after the end of each month.

C. Quarterly Review Meetings: Quarterly review meetings will be held to evaluate the overall performance of the marketing strategies. During these meetings, representatives from both the Hotel and the Marketing Agency will discuss progress, challenges, and opportunities. Adjustments to the marketing plan and strategies will be made as needed to ensure the achievement of the set objectives.

VI. Confidentiality and Intellectual Property

A. Confidentiality Obligations: Both parties agree to maintain the confidentiality of all proprietary information shared during the course of this Agreement. This includes, but is not limited to, business strategies, financial information, customer data, and any other sensitive information. Both parties shall take all reasonable precautions to prevent the unauthorized disclosure of such information.

B. Intellectual Property Ownership: All marketing materials, content, and creative works developed by the Marketing Agency under this Agreement will be the intellectual property of the Hotel. This includes, but is not limited to, website content, advertising materials, social media posts, and promotional videos. The Hotel shall have exclusive rights to use, modify, and distribute these materials.

C. Trademark Use: The Hotel grants the Marketing Agency a limited, non-exclusive license to use its trademarks, logos, and branding solely for the purpose of executing the services outlined in this Agreement. The Marketing Agency agrees to adhere to the Hotel’s branding guidelines and to use the trademarks in a manner that maintains and enhances the Hotel’s brand reputation. Upon termination of this Agreement, the Marketing Agency shall cease all use of the Hotel’s trademarks.

VII. Termination

A. Termination by Either Party: This Agreement may be terminated by either party with 30 days written notice. The notice must be delivered via certified mail or email to the addresses specified in the Preamble. The termination notice should clearly state the reason for termination and the intended termination date.

B. Compensation Upon Termination: In the event of termination, the Marketing Agency will be compensated for all services rendered up to the date of termination. The Hotel agrees to pay for any outstanding invoices and additional approved expenses incurred by the Marketing Agency. Final payment will be made within 15 days after the termination date.

C. Return of Proprietary Materials: Upon termination, the Marketing Agency will return all proprietary materials to the Hotel. This includes all marketing materials, data, and any other items provided by the Hotel. The Marketing Agency shall also destroy any digital copies of proprietary information and confirm such destruction in writing.

VIII. Indemnification and Liability

A. Indemnification by Marketing Agency: The Marketing Agency agrees to indemnify and hold harmless the Hotel from any claims, damages, or liabilities arising from the Marketing Agency’s services. This includes any legal fees or costs incurred by the Hotel in defending such claims.

B. Indemnification by Hotel: The Hotel agrees to indemnify and hold harmless the Marketing Agency from any claims, damages, or liabilities arising from the Hotel’s actions. This includes any legal fees or costs incurred by the Marketing Agency in defending such claims.

C. Limitation of Liability: Neither party shall be liable for indirect, incidental, or consequential damages arising from this Agreement. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

IX. Dispute Resolution

A. Mediation: Any disputes arising from this Agreement will be resolved through mediation. Both parties agree to participate in good faith and make reasonable efforts to resolve the dispute. The mediation will be conducted by a neutral third party selected by mutual agreement.

B. Arbitration: If mediation fails, the dispute will be settled by binding arbitration in the state of [State]. The arbitration will be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding on both parties.

C. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of [State]. Any legal action related to this Agreement shall be brought in the appropriate state or federal court in [State].

X. Amendments

A. Written Amendments: Any amendments to this Agreement must be made in writing and signed by both parties. Verbal agreements or modifications will not be recognized unless confirmed in writing.

B. Documentation of Amendments: All amendments will be documented and attached as appendices to this Agreement. Each appendix will be numbered and dated to ensure clarity and proper record-keeping.

XI. Miscellaneous Provisions

A. Force Majeure: Neither party shall be liable for delays or failures in performance due to circumstances beyond their control, such as natural disasters, acts of war, or government regulations. Both parties agree to notify each other promptly of any such occurrences.

B. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, negotiations, and communications, both written and oral. No other agreements or understandings shall be binding unless incorporated into this Agreement.

C. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

D. Notices: All notices required under this Agreement shall be sent to the addresses specified in the Preamble. Notices may be sent by certified mail, email, or overnight courier, and will be deemed received on the date of delivery confirmation.

Signatures

By signing below, both parties agree to the terms and conditions outlined in this Agreement.

Hotel

[Name]

[Date]

Marketing Agency

[Name]

[Date]