Serving The Legal Needs Of Hospitality Industry Stakeholders Including Bed And Breakfasts And Spas
The Calhoun Law Firm, PLC, provides hospitality industry clients with legal counsel and representation in transactional and dispute resolution matters.
Hospitality transactional legal matters are focused on forming arrangements amongst interested parties; formalizing those arrangements in contracts or agreements; and later executing per the terms established. Arrangements may focus on commercial transactions, hiring and managing employees, managing intellectual property, conducting E-commerce, business structuring, and enterprise operations.
Hospitality dispute resolution matters are focused on resolving conflicts between two or more parties. Conflicts occur when a party violates the terms of a contract, or once a party’s wrongful acts result in injury to someone’s property or reputation. Legal representation is provided during negotiations, mediation, arbitration, and litigation conducted to resolve the dispute. And we represent hospitality businesses in disputes with state and local regulatory agencies.
Our hospitality clients count on us for legal counsel and representation in matters involving:
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Our Arizona Hospitality attorneys advise bed and breakfasts and spas in Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe on contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters.
Hospitality Enterprise Formation and Structuring Law
Launching or reorganizing a hospitality enterprise by yourself or with partners is an enormous undertaking. The Calhoun Law Firm, PLC, helps clients identify, evaluate, and choose the right formation and structuring solution for their hospitality enterprise. Our hospitality enterprise formation and structuring services include:
- Determining and forming an appropriate business structure for your hospitality enterprise ensuring day-to-day management and control is structured for your needs and limited liability is preserved.
- Developing and executing hospitality business purchase / sale strategies establishing the purchase price, assets exchanged, level of seller post sale consulting support to be provided, non-compete guidelines, non-solicitation guidelines, non-disclosure guidelines, transferability of existing leases and transferability of existing employment contracts.
- Developing and executing succession strategies accounting for management transition, liabilities, ownership interests, voting rights for owners and stakeholders, and addressing asset protection opportunities and challenges.
- Developing and executing dissolution strategies accounting for notifying creditors of the pending dissolution, finalizing asset distributions, and settling with parties with outstanding claims.
Hospitality Contract Law
Hospitality contracts set out the rights and responsibilities of each party to the agreement. The Calhoun Law Firm, PLC, provides counsel to bed & breakfasts, and spas during negotiations, drafting, and review of hospitality contracts regarding:
- Hospitality business formation activities involving asset purchase-sale agreements, assignments of interest, bills of sale, buy-sell agreements, corporate by-laws, shareholders agreements, distribution agreements, equipment leases, franchise disclosure documents, franchise agreements, letters of intent, membership interest purchase agreements, LLC operating agreements, real estate leases, real estate purchase agreements, and termination agreements.
- Hospitality commercial transaction activities involving consulting agreements, endorsement contracts, letters of intent, non-disclosure agreements (NDA), outsourcing agreements, release of liability agreements, sales contracts, sale of services agreements, and supplier agreements.
- Hospitality employment activities involving employment contracts, independent contractor agreements, non-compete agreements, non-solicitation agreements, and non-disclosure agreements.
- Hospitality intellectual property activities involving intellectual property agreements, intellectual property licensing agreements, and trademark licensing agreements.
- Hospitality e-commerce activities involving terms of service, website development and hosting agreements, and web site terms of use agreements.
- Hospitality litigation activities involving release and settlement agreements.
Hospitality Commercial Transaction Law
Hospitality companies must comply with commercial laws governing a broad range of business, commerce, and consumer transactions. We provide bed & breakfasts, and spas with the following transaction phase specific legal counsel:
- During negotiations we participate in due diligence reviews, identify potential legal issues, and formulate solutions supplying actionable risk mitigation strategies. We facilitate client understanding of all contractual terms, and assist in preparing for post-contract issues.
- During formalization, we assist clients create a contract specifying the activities entered into by both organizations and the terms through which they will each fulfill their parts of the agreement. We ensure the contract formalizes who is buying what from whom, at what price, at whose risk, and on what timetable.
- During the execution phase, we assist in facilitating the processes and procedures of your firm that govern the execution, alteration, and termination of contracts with a number of parties, including clients, customers, suppliers, wholesalers, and contractors.
Hospitality Regulatory Compliance Law
State and federal statutes and regulations establish standards for hospitality businesses governing their relationship with patrons. These rules address the physical premises, the maintenance of the physical premises, usage of the physical premises, service standards, and interactions with patrons.
The physical premises of the facility must ensure the health and safety of all guests. Fire risk assessments need to be performed, identified fire hazards must be addressed, and assessment records kept. Guests with disabilities must be able to use your facilities, which may necessitate property modifications such as adding entry ramps.
Maintaining physical facilities requires ensuring hygiene. Unsafe or unsanitary conditions must be Identified and eliminated. Public health and safety personnel visit facilities regularly to assess regulatory compliance, identify deficiencies, and verify corrective actions.
Physical premises usage is constrained by public health regulation. Smoking is prohibited in public indoor areas. Guests are not allowed to smoke in common areas, such as dining rooms, lounge areas, and hallways.
Appropriate permits and inspections are required if food and / or alcohol is served on-site. The innkeeper needs to be aware of and master the safety measures of the food and alcohol service industry.
When interacting with guests, employees should avoid discriminating against people based on individual ethnicity, gender, and national prejudices. To achieve this goal, staff need to be trained to recognize what constitutes discrimination.
Hospitality Intellectual Property Law
We provide general intellectual property law advice to hospitality industry clients and counsel them on hospitality industry unique intellectual property matters.
Guidance is provided on intellectual property considerations common to a variety of businesses including acquiring trademarks, acquiring copyrights, protecting trade secrets, licensing intellectual property, purchasing intellectual property, and intellectual property dispute resolution. Additional details on these topics are provided in the practice area description of intellectual property.
Additionally, hospitality specific intellectual property counseling is provided on matters that include:
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Hospitality Employment Law
Compliance with employment statutes and regulations is an essential part of operating a successful hospitality enterprise. We provide employment legal counsel to bed & breakfasts, and spas covering a wide range of federal, state, and local employee / independent contractor legal issues including:
- Establishing guidelines for determining workforce employee / independent contractor classifications and creating Employment Contracts / Independent Contractor Agreements defining employment duration, benefits, compensation, and grounds for termination, and specific issues including who owns work products produced while on the clock.
- Drafting Employee-Handbooks defining a company’s culture, setting on-job expectations for employees, and notifying employees of their rights under the law. The handbook defines the company’s processes and procedures for hiring and separation, wages and overtime, promotions and performance reviews, medical and parental leave, required on-job behaviors and discipline, discrimination and harassment, trade secrets and confidentiality, and fringe benefits.
- Developing and conducting training programs for both supervisory and non-supervisory employees focused on wage and work hour compliance, performance management, harassment prevention and remediation, substance abuse in the workplace, interviewing and hiring, and equal opportunity.
Hospitality E-commerce Law
We provide general E-commerce law advice to hospitality industry clients and counsel them on hospitality industry unique E-commerce matters.
Guidance is provided on E-commerce considerations common to a variety of businesses including online advertising compliance, online consumer privacy protection, domain name management, and website creation. Additional details on these topics are provided in the practice area description of internet, E-commerce.
Additionally, hospitality specific E-commerce counseling is provided on matters that include:
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Hospitality Dispute Resolution and Litigation Law
We provide general dispute resolution advice to hospitality industry clients and counsel them on hospitality industry unique dispute resolution matters.
Guidance is provided on dispute resolution considerations common to a variety of businesses including negotiations, mediation, arbitration, litigation, and appeals. Additional details on these topics are provided in the practice area description of dispute resolution and litigation.
Additionally, hospitality specific dispute resolution counseling is provided on matters that include:
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Contacting The Calhoun Law Firm, PLC
If our capabilities match your needs, we invite you to contact us today by one of these means:
- Call us at 877-455-6344 to evaluate our capabilities to address your situation.
- Submit an inquiry via our Contact Us Form to brief your situation and needs.
- Schedule a 45-minute legal Consultation via our client portal to review your situation and approaches by which your objectives can be met.
Our Arizona Hospitality Attorneys are experts in handling the legal matters that Phoenix and Tucson area bed and breakfasts and spas address during the course of their daily business activities. Moreover, our Arizona Hospitality Lawyers assist hospitality small businesses in the Phoenix and Tucson areas with contractual, intellectual property, litigation, e-commerce, employment, regulatory compliance, business structuring, and crisis management matters. Clients from Phoenix, Tucson, Mesa, Chandler, Gilbert, Glendale, Scottsdale, Peoria, and Tempe are regularly advised and represented by our firm.