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Take a hard line on penalties when writing new contracts

In this buyer’s market, associations have leverage to press hotels for flexible terms and minimal attrition and cancellation penalties. Following are suggestions from two nonprofit-practice attorneys, Jerald Jacobs at Pillsbury and Lisa Hix at Venable: The best contract for an association is one free of attrition and cancellation charges. Short of that, ensure that such charges are for damages—the amount of the hotel’s loss—not for penalties. Specify the date by which room blocks can be adjusted without charge and negotiate for wide attrition margins. Also, negotiate that attrition damages not include costs such as unused turndown and cleaning services. Consider a broadly… Read More