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Salient Terms & Conditions that form the Brand Franchise Agreement

Below are abridged terms that form the HOTEL FRANCHISE AND MARKETING SERVICES AGREEMENT. Upon onboarding the hotel, these will be long-formed into a legally binding document.
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RECITALS

  1. Franchisor is entitled to use and license others to use the Trade Marks and System for hotels marketed as “Regenta Z”.

  2. Franchisee owns a Hotel premises and the details of these Premises shall be attached to this agreement in Print Form as an Attachment A

  3. On the terms and conditions set out in this Agreement, Franchisee is desirous to operate the hotel in the brand name of ‘Regenta Z’.

  4. Franchisor shall conduct an audit of the Hotel, and upon satisfactory completion of the conversion criterion of the Hotel to the specifications of the Franchisor, it has agreed to grant Franchisee a license to use the Mark and System in respect to the Hotel, subject to the conditions herein agreed.

 

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

 

The License

 

  1. The Franchisor operates and licenses the Mark and System which is designed to provide a distinctive, quality hotel service to the public under the name "Regenta Z".  High standards established by Franchisor are the essence of the System. Franchisee has independently investigated the risks of the business. Aware of the relevant facts, Franchisee desires to enter into this Agreement, in order to obtain a license to use the Mark and System in the operation of a hotel more fully described in Attachment A ("Hotel").

 

  1. Franchisor  hereby grants Franchisee  a non-assignable,  non-exclusive  license  (the "License")  to use the System,  but (i) only  in accordance with this Agreement; (ii)  only  during the License  Term which commences and terminates as set out in Agreement  hereof;  (iii)  only at the Hotel;  and (iv) only covering the Marks designated  for  use   in  the  same  category  as  the  Hotel  as  identified  on Attachment  A.  Franchisee agrees to use the Marks only in the manner authorized by Franchisor and acknowledges that any unauthorized use thereof, including sub licensing of the Marks, shall constitute infringement of Franchisor's   rights.

 

The Hotel and Approved Name.

 

During the License Term, the approved Hotel name will be "Regenta Z”. Franchisee shall not use any other trademark, service mark, name or symbol alone or in connection with the Marks to identify the Hotel,  or in  operation of the Hotel unless otherwise mutually agreed to between the parties  hereto in writing.

 

Franchisor's Responsibilities:

 

  1. Training:   Franchisor will specify and provide pre-opening, required and optional training programs. Franchisor will either provide such training programs itself or procure their provision by third parties or its Affiliates. Travel, lodging and other expenses of Franchisee and its employees to attend such classes will be the responsibility of the Franchisee. Training fees as applicable will be charged by the Franchisor.

  2. Technical Services:           Franchisor will conduct a pre-opening review of the Hotel to determine whether it is in compliance with System Standards and, if the Hotel is being newly built or substantially renovated; conduct a desktop review of the plans to determine compliance with System Standards.

  3. The Franchisee shall reimburse the travel cost, lodging and boarding expenses for such training and technical services.

  4. All subsequent requirement of technical services or Training by the Hotel shall be mutually discussed between the Franchisee and Franchisor and agreed upon.

 

Conditions Precedent to Opening of Hotel as Regenta Z

 

The Franchisee shall be required to make these changes to their Hotel prior to the launch of the Hotel as a Regenta Z property. These are the minimum requirements and are mandatory and non-negotiable.

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  • Install prior to opening and immediately upon signing of this agreement, at its cost, the software stack as recommended by the Franchisor, described in Clause 19.

    1. Hotelogix PMS

    2. Rategain/AxisRooms Channel Manager

    3. Hostbooks (accounting module)

    4. Kepsla tracker for guest scores

    5. Creation of Zoho mail ID’s for the hotel to use the @regenta.com URL

Ongoing subscription costs of these technologies shall be borne by the Franchisee through the life of the contract.

 

  • Purchase of such Operating Supplies and Consumable Supplies, from the Vendors preferred by the Franchisor, described in Clauses 15, 16, 17 and 18, including but limited to:

    • Bed linen from Regenta Z stipulated vendor with a minimum of 2.5 par stock

    • Z accent pillows (2 minimum per room)

    •  Z artwork (where required, but compulsory in the bedroom)

    • Building signages (4 pieces)

    • Building Z façade (paint work)

These purchases shall be made prior to opening of the hotel as Regenta Z, and shall be condition-precedent to the relaunch of the property on all travel channels.

 

  • The Franchisee shall, at its own cost, install and maintain vending machines in Hotel Lobby for dispensing basic amenities including Beverages, ensuring their availability to customers at all times. All related costs, including removal shall be borne by the Franchisee.

 

  • Transfer of OTA credentials to ROAHPL’s corporate team upon signing of this agreement.

 

 

Franchisee’s Operational and Other Responsibilities.

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During the License Term, Franchisee will

 

  • Maintain a high moral and ethical standard and atmosphere at the Hotel

  • Maintain the Hotel in a clean, safe and orderly manner and in a condition competitive with other hotels in its category

  • Provide efficient, courteous and high-quality service to the public

  • Strictly comply in all respects with the Brand Standards and with all other policies and requirements of Franchisor and upgrade the Hotel as per the Brand Standards of the Franchisor

  •  Maintain the physical appearance of the Hotel to System Standards;

  • Strictly comply with Franchisor’s requirements as to:

    1. The types and quality of services and products that must or may be used, promoted or offered at the Hotel;

    2. Directory, website and reservation service listings of the Hotel;

    3. Participation in marketing, Room reservation service, advertising, training, frequent   traveler and operation programs designated by Franchisor as System-wide (or area - wide) programs in the best interests of the Hotels

 

  • Consult with Franchisor and provide samples prior to making any modifications to the amenities offered at the Hotel, the guestroom interior design and furniture, fixtures, furnishings and equipment for a determination by Franchisor whether such modifications meet the System Standards;

  • Permit the Quality Assurance inspection of the Hotel by Franchisor's representatives at any time, so as to ensure compliance with System Standards, cooperate with such representatives and give them free lodging and food for such time as may be reasonably necessary to complete their inspections along with to and fro air travel for such representatives from any of the offices of the Franchisor in India to the Hotel.

  • Ensure that all of the Hotel's existing safety systems remain fully operational and strictly in accordance with applicable laws and the specifications as per the Standards;

  • Obtain and maintain at the Hotel, Internet, intranet, and extranet access or other means of electronic communication as specified by Franchisor (Franchisee hereby appoints Franchisor as its attorney, irrevocably and by way of security, with regard to any e-mail address or Internet address using any Marks with full power and authority   for the sole purpose of assigning to Franchisor all rights to the e-mail addresses and listings, URL's, websites and Internet accounts related using any marks   upon termination or expiration of this Agreement)

  • The franchisee shall at its own cost and expense obtain all licenses and permits required for the management and operation of the Hotel during the Term. All the statutory liabilities and to obtain the licenses required for operating the Hotel shall be the responsibility of the Franchisee. The Franchisee shall obtain all the statutory Licenses before commencement of the Hotel under the franchisor’s Brand as per Attachment D.

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Management of the Hotel.

 

  • Franchisee must  at  all  times   retain  and  exercise   direct  management  control  over  the day-to-day   operation   of the  Hotel's  business.

  • The Franchisee shall have exclusive rights to recruit the employees and pursue their conditions.

  • All salaries and wages shall be paid by the Franchisee in accordance to the regulations and guidelines.

 

Fees and Reimbursables

 

  • Onboarding Fee: Franchisee shall pay a non refundable Initial On-boarding Fee of Rs.10,000/- (Rupees Fifteen Thousand Only) plus GST per room plus applicable taxes to the Franchisor on signing of the Franchise Agreement. The Franchisee shall pay the same in one single bank transaction upon Franchisor’s approval.

 

For the purpose of clarity with an example:

Total number of rooms: 40

Onboarding Fee = Rs. 10,000 x 40 = Rs. 4,00,000 + GST

 

This shall be paid upon approval of the hotel to be onboarded onto the platform and commence any transfer of IP to convert the hotel to a Regenta Z

 

  • Pre-Opening and Technical Services:

 

All expenses incurred by the Franchisor towards travel, food, accommodation, local conveyance and daily allowance of INR 2,000/- per person per day or enhanced allowance of Company personnel deputed for the Pre-Opening shall be reimbursed by the Owner within 7 days from the date of invoice.

 

ROAHPL shall charge the following fees per head in addition to the expenses above to depute its team to the property:

Remuneration for Senior Management: INR 15,000/- per day

Remuneration for   Middle Management: INR 10,000/- per day

Remuneration for Junior Management: INR 7,500/- per day

ROAHPL shall invoice the Owner and all payments shall be made directly only via bank transfer to ROAHPL. No cash shall be paid to ROAHPL, or its employees or representatives.

 

  •  Brand Franchisee Fee:

 

The franchisee shall pay the Brand Franchise fee at 2% (Two Percent) of Gross Sales along with the applicable taxes for each month payable on monthly basis. Fees shall be payable on or before 15th of every month by the Franchisee to the Franchisor.

Brand Franchise Fees and other dues to Franchisor shall be paid as per schedule mentioned in the agreement lest interest @ 2% per month will be charged for any delay in payment.

 

  • Reservations & Regenta Rewards Fees:

 

The Franchisee shall pay the Franchisor, a total of 5% on all bookings generated through Brand Website or Group websites, Regenta Rewards, ROAHPL sales networks and offices/affiliates that send reservations through to the hotel.

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  • OTA Collection:

 

All Corporate Travel/booking Agents Reservation, including OTA, amounts shall be routed through FRANCHISOR/ROAHPL bank account .The Franchisor shall after deducting the Brand Franchise and Reservations fees from the amount collected from corporate booking agents, online travel agent, and booking engine on behalf of the Hotel by the Franchisor, transfer the balance amount to the Franchisee on or before 15th of every month. Such reconciliation shall be done twice a month.

Set off:  Notwithstanding anything herein contained or implied, Franchisor may set off against any money which would otherwise be payable or owing by Franchisee to Franchisor pursuant to this Agreement unless and until Franchisee has paid, satisfied or  discharged all monies, debts or liabilities due or owing to Franchisor and has satisfied   all other  obligations to Franchisor.  

 

Services:

 

  • Audit services: The Franchisor shall have the right to physically enter into the Hotel and shall audit the facility on a half yearly basis to ensure the quality standards and brand standards

  • Training and Technical Services: The training fee and Technical Fees, if any, as applicable, plus travel and living expenses of the trainer(s) along with service taxes as mutually agreed upon.

  • Regenta Rewards: Costs towards Regenta Rewards ongoing promotions, proportional promotions, specific hotel campaigns from time to time may be charged to the Hotel and paid for by the Franchisee

  • Technology Fee: Franchisee is required to pay all subscription charges to the 3rd party technology providers of the Regenta Z stack as outlined in 4.1.

  • GDS Charges:  Franchisee should pay the GDS transaction fee and all booking commissions as and when payable, should the hotel participate in GDS promotions

  • E-mail charges: Charges for the Email Id under the domain www.regentaz.com shall be borne directly by  the franchisee on pro-rate basis

  • Other Fees and Reimbursable. “Other fees and reimbursable" in such additional amounts as expressly agreed to by Franchisee with respect to specific programs, services  or products,  if any, purchased from Franchisor; (As per attachment C)

  • For all Audit services and any subsequent technical and training services (if any in peson), the Franchisee shall pay the Franchisor, the agreed fees, actual travel fare, lodging and Boarding expenses, local conveyance, daily allowance of Rs. 2000/- and daily remuneration of employees of the Franchisor group deputed to the Hotel . ROAHPL shall charge the following fees per head in addition to the expenses above to depute its team to the property:

  • Remuneration for Senior Management: INR 15,000/- per day

  • Remuneration for   Middle Management: INR 10,000/- per day

  • Remuneration for Junior Management: INR 7,500/- per day

 

The parties hereby agree that the remuneration shall be subject to periodic upward revision.

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  • Mystery Audit:

The Franchisor shall have the right to conduct operational Mystery audit once in every six months to ensure the quality and brand standards. The Franchisee shall pay the Professional fee as applicable for audit along with applicable taxes within 7 days from the date of Invoice. The bills pertaining to accommodation, food and beverages, travel desk and laundry of the auditor will have to be waived of by the Franchisee at the time of departure of the Auditor. 

 

  • Renovation and/or Construction.

The Franchisee shall furnish the Hotel including but not limited to all interiors, exteriors, equipment, banquet halls, rooms, common areas, pool areas, kitchen etc as per the brand standard specified by the Franchisor at the cost of the Franchisee. The Franchisee shall engage services of the interior designer recommended by the Franchisor for this purpose.

 

  • Facilities

During the License Term, Franchisee will at all times maintain the Hotel in compliance with the Standards (as revised from time to time) using the same standards applicable generally to Regenta Z Hotels in the same category of the Hotel.

 

  • External building signages

The Franchisee shall, at its own cost, install and maintain the following compulsory brand conversion activities to align with the required branding standards of Regenta Z. All work must be completed in accordance with the approved design and specifications provided by the Franchisor.

  1. Installation of rooftop signage in compliance with the brand guidelines.

  2. Painting of the building façade with the designated brand color.

  3. Installation of entrance signage as per the brand’s specifications in the Hotel.

  4. The Franchisor shall have right of access to the display and Brand signages and can physically remove the same, in case of any breach in the use of the Marks or brand name.

 

  • Room Décor

 

The Franchisee shall, at its own cost, ensure that all rooms adhere to Franchisor’s guidelines and be maintained in excellent condition as following.

 

  1. A standard room amenities pack, as prescribed by the Franchisor, must be provided.

  2. All walls in the room shall be painted white, in line with the brand’s aesthetic.

  3. Bed linen from Regenta Z stipulated vendor with a minimum of 2.5 par stock

  4. Z accent pillows (2 minimum per room)

  5.  Z artwork (where required, but compulsory in the bedroom)

 

These purchases shall be made prior to opening of the hotel as Regenta Z, and shall be condition-precedent to the relaunch of the property on all travel channels.

 

 

  • Bedding and Linen:

 

The Franchisee shall, at its own cost, ensure that all bedding and linen, including maintain a par stock of linen at 2.5 times the required amount. Each single bed shall have 2 Microfiber pillows, and each double bed shall have 4 Microfiber pillows with Z Brand Pillow. Microfiber duvets with white covers must be used for all beds. These items must be purchased exclusively from the Franchisor-approved vendors. The quality, color, and design of the bedding and linen must meet the brand standards by the Franchisor and be maintained in good condition at all times.

 

 

  • Uniforms:

 

The Franchisee shall provide all employees with uniforms that meet the brand standards as specified by the Franchisor. The Franchisee is responsible for the cost, maintenance, and replacement of uniforms. Employees must wear the uniforms during working hours, ensuring they are clean and presentable.

 

  • Websites, Software and Internet:

 

Franchisee agrees that it has no authority to and will not establish any websites or register any domain names that use or create any association with the Marks or the System nor will it post any advertisements or material on the Internet or Worldwide Web that depict or display the Marks other than as per Regenta Hotels Standards without the express written consent of Franchisor. Franchisee is at liberty to use of the Marks in connection with its own Internet or worldwide website, shall be governed by the Standards Manual and by requirements set forth in this Agreement. However, the Franchisee agrees all bookings for rooms will be done directly by Franchisor website by directly transferring the booking provision to the Website of Franchisor.

 

Franchisee shall install the cloud Technology Stack used across Franchisor’s hotels. This Technology Stack is mandatory and shall be paid for by the Owner. This allows the hotel to be integrated into the ROAHPL network. Primary technologies used by Franchisor are:

 

  1. Hotelogix

  2. Zoho Mail Server

  3. Channel Manager

  4. QMS Software

  5. Kepsla

  6. Hostbooks

  7. At your service

 

ROAHPL reserves the right to prescribe a change in the above software in line with the corporate IT policy.

 

The Franchisee shall also install CCTV in the hotel and shall provide uninterrupted online remote access to Franchisor.

 

On termination or expiration of this Agreement, the license of the domain names to Franchisee will automatically terminate and Franchisee shall undertake such actions as Franchisor requires to disassociate itself with the Internet and worldwide website and the domain name.

 

  •  Disclaimer: Franchisee shall affix the disclaimer board on the back ground wall of the main reception which contains the wordings that

“This Hotel is independently owned and operated under a Franchise License from Royal Orchid Associated Hotels Pvt Limited.”

And the Franchisee shall ensure that they shall retain the said board during the entire term of this agreement.

 

  • Confidentiality:

 

During the License Term and thereafter Franchisee shall at all times treat as confidential, propriety and secret, the System, the Standards this Agreement and all Proprietary Property provided by or through Franchisor and all translations thereof and shall take all precautionary steps necessary to prevent the disclosure of such information to unauthorized Persons and shall comply with Franchisor's requirements concerning confidentiality of information. 

 

  • Indemnification.

 

Regardless of the strict liability or negligence,  whether sole, joint or concurrent, active or  passive, actual or alleged, of the Indemnified Parties (as hereinafter defined), Franchisee will indemnify Franchisor, and its Affiliates, directors, employees, agents, successors and assigns (each hereinafter referred to as an "Indemnified Party") and hold them harmless from any loss, liability, damage, cost or expense, and promptly pay them for, all payments of money (fines, damages, legal fees, costs, penalties and expenses) (collectively  "Claims") arising from or relating to:

 

  1. Any gross negligence of the Franchisee, its agents, contractors, subcontractors and employees and third parties;

  2. Any willful breach of any covenant, representation or warranty or covenant of the franchisee herein contained;

  3. Any claim made by all or any of the Franchisee’s Employees during the Operating Term or after the expiration or termination of this Agreement;

  4. Any unlawful  or improper act of Franchisee or its Affiliates  and breach of any provision of applicable laws of land;

21.5  Failure by the Franchisee  to comply with the provisions of applicable labour laws including with respect to filing of returns or in payment of any statutory dues/compensation payable with respect to its Employees; and

  1. Against all loss, damages, claims and liabilities (including income tax, sales tax and other tax liabilities), direct or indirectly caused to Franchisor and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever, including legal and defense cost, which may be taken or made against Franchisor by third party in relation to this agreement and in respect of debts, or obligations of Franchisee, thereof.

  2. Franchisee will also reimburse any Indemnified Party for all expenses reasonably incurred by an Indemnified Party to protect itself from, or to remedy, defaults under this Agreement.

  3. In no event shall Franchisor be liable to Franchisee or any other third party hereunder for any consequential, incidental, punitive, special, exemplary direct or indirect damages or expenses (including, without limitation, loss of profit or other economic loss, lost reimbursements, lost data or lost savings) even if such party was advised of the possibility of the occurrence of such damages.

 

  • Insurance.

 

During the Term, Franchisee shall secure and maintain, at its expense, adequate insurance against fire and such other risks and casualties as are customarily insured against, with respect to the building and other fixed assets of the Hotel, including Loss of Profit. Franchisee may also maintain policies for workmen’s compensation, employer’s liability fidelity of similar insurance as may be required, under all applicable laws, or which a prudent person would do, for such amounts as may be regarded as reasonable and adequate and such other insurance as the Franchisee shall deem necessary for the protection of the Franchisor and the Franchisee against claims, liabilities and losses, wherever asserted, determined or incurred arising out of the Operation of the Hotel.

 

  • Transfer.

 

Transfer by Franchisor : Franchisor shall have the right to transfer or assign this Agreement or any of Franchisor’s rights or obligations hereunder, all or any part of the System or all or any interest in Franchisor or its assets to any person or legal entity and the Franchisor shall give prior intimation to the Franchisee.    The transferee shall be required to undertake responsibility for all obligations of Franchisor under this Agreement.  Franchisee acknowledges and agrees that Franchisor shall have no liability to Franchisee after the effective date of such transfer and the transferee shall be liable to Franchisee as if it had been the original party to this Agreement.

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Transfer by Franchisee: Neither Franchisee nor any immediate or remote  successor to any part of Franchisee's interest in this Agreement, shall sell, assign,  transfer, convey, or give away, any direct or  indirect  interest in Franchisee or this  Agreement  or Controlling  interest in Franchisee,  without  prior notice of Franchisor.  The Franchise agrees and confirms that in case of such transfer, the Franchise Agreement shall be continued by the Transferee at the same terms and conditions of the Agreement.

 

  • License Term and Termination.

 

Term:

This Agreement shall continue in force for a period of Twenty (20) years commencing from the formal opening of the Hotel (effective date) and extendable on mutual consent basis. During this period the Franchisee shall not be entitled to terminate this contract.

 

  1. Termination by Franchisor:

Notwithstanding anything in this Agreement to the contrary, this Agreement may be immediately terminated upon notice from Franchisor to Franchisee if:

  1. The Pre-License Conditions is not complied with.  

  2. Franchisee loses its right to possession of all or a significant part of the Hotel; or

  3. Franchisee contests in any court or proceeding Franchisor's right to license the  System or its ownership  of the System or any part of it,  or the validity of any Marks; or

  4. A breach of any obligation;

  5. Franchisee maintains false books and records of account of submits false reports  or information   to Franchisor;   or

 

  • Report by Quality Assurance inspection that there is deficiency in service levels and not complying with Brand Standards.

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In such circumstances Franchisor shall issue 60 days notice to Franchisee to address the short coming and the Franchisee has not addressed the shortcomings in totality within 60 days of communication, then the Franchisor can terminate the agreement and Franchisor shall be compensated with the Fees equivalent to Franchise Fees/ Royalty Fees payable for the balance period of contract (calculated as an average of the  fees earned during immediate preceding Twelve months Period) plus applicable Taxes.

 

  • Termination by Franchisee:

 

If the Franchisee terminates the agreement during the term of the Contract, the Franchisor shall be compensated with projected Franchise Fees equivalent to the balance term of the contract (calculated as an average of the fees earned during immediate preceding twelve months period) plus all applicable taxes.

 

Franchisee agrees that the Compensation equivalent to the Franchise Fees payable for the balance period of Contract is a genuine pre-estimate of the Losses that the Franchisor will incur for early termination of the Agreement.

 

  • Post Termination.

 

Upon termination, Franchisee shall promptly pay all amounts due and owing to Franchisor and its Affiliates. Franchisee will take whatever action is necessary to assure that no use is made of any part of the System or the Marks, at or in connection System.

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  • Dispute Resolution.

 

Except as otherwise specified in this Agreement, any dispute, controversy, or claim arising out of or relating to this Agreement or any other agreement between Franchisor and Franchisee or the making, breach, termination, or invalidity thereof, shall be finally settled in arbitration proceeding conducted by a single arbitrator under the Rules of Indian Arbitration and Conciliation Act, 1996 as are in force on the date when a notice of arbitration is received.

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The language to be used in the proceedings shall be in English. The venue of the arbitration shall be at Bangalore city Only.

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The decision of the arbitrators shall be final and binding upon the parties, and such decision shall be enforceable through any courts in Bangalore city Only.  

 

You will be required to provide some information in the Attachments to the Agreement

 

ATTACHMENT A

 

 

Owners of the Site (names and addresses)

 

  • - - - - - - - - - - .

  • - -  -  -  -  - - - -

 

Site: Area and general description:

 

  • - - - - -  - - - - -  - - - - 

  • - - - - -  -  - - - - -  - -

 

FACILITIES AND SERVICES:

 

The Hotel comprises all structures, furniture, fixtures, equipment and entry, exit, parking and other areas located at the street address identified below or if there is no street address, on the land identified on the site plan identified below, or located on any land approved by Franchisor for additions or other facilities. As of the Opening Date, the Hotel is further described and has the following facilities and services:

 

Technical Specifications:

  1. Building has to compulsorily meet the fire Norms - Hydrant Pumps, Sprinklers, Smoke Detectors and Fire approvals.

  2. Pollution Control License

  3. Hot Water System to be centralized

  4. Room and Bathroom décor

  5. Coffee shop

  6. Back of the house areas clearly defined

  7. Independent power

  8. DG Back up

  9. Parking space

  10. STP

  11. All applicable Operational licenses

  12. Guest Lift with ARD

  13. Staff Facilities - Cafeteria, Lockers, Separate Changing Room.

 

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ATTACHMENT B

 

CERTAIN DEFINITIONS FOR TERMS USED IN THE AGREEMENT

 

1.   "Affiliate" is a Person that directly or indirectly through one or more intermediaries’ controls,   is controlled by, or is under common control with a specified Person.

 

2.         "Control, Controlled or Controlling or Under Common Control" means possession (through one or more intermediaries) of the power to direct or cause the direction of, the management or policies of any other Person, whether through the ownership of voting interest, by contract, or otherwise.

 

3.         "Exchange   Earners  Foreign  Currency Account"  means  a bank account   set up by Franchisee   and  approved   by Franchisor   from  which  all  payments   under  this  Agreement shall be paid.

 

4. "Gross Revenue” means all revenues, sales and income of any kind and nature, generated in connection with the Hotel Operations and accounted for on an accrual basis.   

 

5.         "Marks"   means   the  trademarks,    "Regenta Hotels ", and  all  trademarks,    trade  names,   trade  dress, symbols,    logos,   slogans,   designs,   insignia,   emblems,   devices,   and  service   marks  and distinctive  designs  of buildings  and signs or combinations   thereof  which  are designated by Franchisor  to identify  or  be used  in connection   with  System  hotels,   as such  marks, designs,   signs,  etc.,  may  be  changed,   deleted,   added  to  or  otherwise    modified   by Franchisor   in  its  sole  discretion.    The  term  shall  apply  whether  the  Marks  are  now  or hereafter   owned   by Franchisor  or an Affiliate   of Franchisor,   and  whether  or not  they  are registered   in  any state,  country  or in  the United  State  Patent  and Trademark   Office.

 

6.   "Person" means any individual, partnership, limited liability partnership, joint venture or other association   or body of persons   incorporated   or unincorporated.

 

7.         "Proprietary Property" means (i) all software provided by Franchisor and its Affiliates (that is not commercially available to Franchisee) including data and   information processed  or stored  thereby;  (ii) the Standards  Manual  and all brochures,  directives and other information issued by or on behalf of Franchisor for using in  operation of the Hotel or any hotel in the system; (iii) customer information and customer lists; and (iv) all Marks and all confidential information and trade secrets of  Franchisor and all other information, materials and copyright developed, acquired,   license  or used by Franchisor or any of its  Affiliates.

 

D.   "Quality  Assurance"  means  a program   established   by Franchisor   for  use  at Regenta Hotels   to enforce  the  Systems  Standards.

 

 

 

ATTACHMENT C

 

The Hotel shall enroll in the following programs/ benefits upon payment of the rates by the Owner as below:

 

A

Regenta Rewards Program

​5% on Loyalty Booking- REGENTA REWARDS

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B

ROAHPL Brand website integration –

  1. One-time fee of Rs. 50000/-, paid at the time of signing the Agreement

  2. Brand.com website fee of 5% on Brand website generated booking.

 

C

Hotel Cross Selling Incentive – 2% is paid directly to the originator of the reservation.

 

D

Marketing Expenses – 2% of the total sales shall be attributed to Sales & Marketing Activities (ROAHPL allocates it, it doesn’t take this!)

  1. Creative Work – As approved in the budget

  2. Group Advertisement – As approved in the budget

  3. Business Promotions – As approved in the budget.

 

E

QMS- One time set up fee of Rs. 20,000/- and Rs. 3,000 per month.

 

F

Kepsla – Guest feedback System

 

G

Photography to be done by approved photographer

 

H

Zoho Mail Server (paid to Zoho) – Rs.1300  per mail id per year.

 

I

Channel Manager (Axis Rooms or Rate Gain)

 

J

Signboard / Signage’s to be sourced from approved vendor

 

K

Reserve for Replacement – 2% of annual revenues are accrued in a sinking fund

 

L

Any other services – On actuals.

 

 

GST, as applicable is extra. The above are indicative rates and is subject to periodic revision.

 

 

 

ATTACHMENT D

 

Typically your list of licenses to run the premises as a hotel

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