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Overview

Members of Garvey Schubert Barer’s Hospitality, Travel and Tourism group are well-versed with an industry operating under the ancient “law of innkeepers, bailments and barter,” while at the same time, drafting and negotiating real estate purchase and sale agreements, management agreements, franchise agreements, group sales agreements and intellectual property licenses for today’s business needs. From traditional real estate acquisitions, disposition and financings to high-end restaurant concept protection to technology agreements for the very latest geo-location mobile apps (fully integrating client and guest content across brand websites to multiple social media platforms), our attorneys' substantive knowledge has been perfected by years of collective experience applying it to real-world, practical issues facing owners and operators in the hospitality, travel and tourism industries.

While the group's capabilities extend across the wide array of legal services needed to plan, finance and operate industry businesses, we have a particular focus in operations and the technologies used to support it. We draft and negotiate management agreements on behalf of both owners and operators, handle multiple types of sales and distribution agreements (group sales, OTAs, traditional wholesalers, tour operators), work with our clients to structure and negotiate leases and third-party operator agreements (restaurant, retail, spa, equestrian center, ski school), provide expert advice in labor and employment issues and, if our clients need it, top-shelf litigation services. We also serve as trusted general counsel to a number of the Northwest’s most prominent industry trade groups and associations.

Our clients include local, national and international hotels and resorts, restaurants (from a foodie's dream to the fast food franchise), wineries, distilleries and breweries. They vary in size, from the sole proprietor of a four-room bed and breakfast to a publicly traded, international owner, operator and franchisor of hundreds of limited and full-service hotels.

Because we have a deep understanding of the hospitality, travel and tourism industries based on years of legal experience married to practical industry knowledge, we are prepared to anticipate and resolve legal issues in ways that help to ensure your business thrives.

Representative Matters

Real Estate

  • Sale of two boutique hotels in Seattle and Portland
  • Acquisition and financing of full service resort and marina in San Diego on behalf of pension-fund advisor
  • Ground up development of four-star downtown Seattle luxury hotel and residences
  • Private placement offerings for two new Northwest restaurant chains

Operations

  • Negotiation of limited-service, full-service and extended-stay management contracts for hotels in Washington, Oregon, Nevada, California, Montana, New York, Massachusetts and Texas
  • Negotiation of restaurant management agreements, celebrity-chef consulting and licensing agreements and franchise agreements for restaurants in Washington, Oregon, Georgia, Texas, and Missouri
  • Negotiation of franchise and license agreements with Marriott, Starwood, Intercontinental Hotel Group, Choice and Carlson
  • Negotiation of national wi-fi bundled services and standard ISP/telecommunication service agreements with Level 3, Century Link, Comcast and Time Warner
  • Negotiation of international on-line and off-line distribution agreements, including private and flash sales, with Expedia, Priceline, Travelocity, Booking.com, American Express, Visa, GTA, Kayak, Gilt/Jetsetter and Rue La La
  • Preparation of form group and FIT sales agreements
  • Negotiation of global marketing and loyalty partnerships with American Express, Visa, Mastercard, Air Canada, Singapore Airlines, Air China and Qatar Airlines
  • Negotiation of national vendor and supplier agreements, including in-room entertainment systems, food and beverage, energy management and engineering services
  • Negotiation of national technology development agreements, in-licenses and support agreements for PMS, CRS, GDS access, CRM, cloud services, website development and mobile application development
  • Privacy and PCI compliance consulting and advice

Labor and Employment

  • Employer advice and training on a wide range of personnel and employment issues, including ADA compliance
  • Defended land mark tip pooling case in Portland, Oregon before the U.S. Court of Appeals for the Ninth Circuit in Misty Cumbie v. Woody Woo, Inc., No. 08-35718 (9th Cir. Feb. 23, 2010) regarding tip pooling by wait staff. The Court held that requiring wait staff to participate in a tip pool that redistributes some of their tips to the kitchen wait staff does not violate the Fair Labor Standards Act (“FLSA”), provided that the employer pays a separate minimum wage. Read more.

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