Successful Meetings - January 2010 - (Page 15)

PLANNER’S WORKSHOP meetings law D. Benson Tesdahl, Esq. Clause & Effect T he force majeure clause is a critical one, but of no use in a sudden economic downturn, during which holding your meeting is not “impossible or illegal,” but there will be a huge attendance shortfall. The property has no incentive to help unless it anticipates that being lenient will result in future business. But there is a way to contractually guard against an economic downturn and require the hotel to renegotiate. Consider fashioning a separate clause to cover economic downturns. For example: “Between the date this agreement is executed and the date of the meeting, should there be an economic downturn resulting in more than an X percent decline in the Consumer Price Index, the parties agree to negotiate in good faith to adjust the room block, meeting room space, and food and beverage minimum to more reasonable levels to account for the downturn.” There are several different Consumer Price Index figures, so you need to be specific as to what index to use. The hotel may prefer some other economic benchmark, which is fine as long as it is neutral and reliable. Make note of what the benchmark is when the contract is signed and again in the months and weeks leading up to the event. The trick is selling this to the hotel’s conference manager, and agreeing on terms. But that shouldn’t be a hard sell. In strong economic times you can A unique WAY TO MEET Beyond the meeting, the wonders of the Florida Keys beckon. Master saltwater flats fly fishing with an Orvis expert instructor or glide through the mangroves on an eco-kayak tour. Experience the underwater adventure of snorkeling and scuba diving on the only living reef in continental U.S. We invite you to discover a Unique Way to Meet… at Ocean Reef Club. Illustration: www.markbrewer.com argue that the clause is not likely to come into play. And in a weak economy you can argue that the economy is not likely to weaken sufficiently further to trigger the clause, and even if it does, you need the clause as a safety net. A reasonable hotel manager should realize that a severe economic downturn is essentially another type of force majeure event. The good news for the hotel is that the clause allows a reduction in costs, but not a cancellation, so there is still profit to be made. SM Ben Tesdahl, Esq., is an attorney concentrating on nonprofit, corporate, tax, and contract law, including meetings and conventions law. He is with the law firm of Powers, Pyles, Sutter & Verville, P in .C. Washington, DC. He can be reached at (202) 466-6550 or at ben.tesdahl@ppsv.com Meetings.OceanReef.com 800-843-2730 30,000 SQ. FT. ULTRA-MODERN MEETING AND FUNCTION SPACE 300 LUXURY ACCOMMODATIONS 36 HOLES OF MEMORABLE GOLF 7 DINING VENUES SuccessfulMeetings.com I January 2010 I SM I 15 http://Meetings.OceanReef.com http://http:///www.markbrewer.com http://www.SuccessfulMeetings.com

Table of Contents for the Digital Edition of Successful Meetings - January 2010

Successful Meetings - January 2010
Contents
Editor's Letter
Taking the Reins
Incentive Insights
Meetings Law
Path to Success
Innovative Meetings
Convention Centers
Places and Spaces

Successful Meetings - January 2010