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HOTEL BUSINESS REVIEW

SEPTEMBER FOCUS: Best Practices on Maximizing Revenue Management

 

How Asset & Financial Managers Maximize the Spa's Potential

By Judy Singer President & Co-Owner, Health Fitness Dynamics, Inc. | September 2012

We all know that it is very expensive to develop, market and operate a spa. All too often, the spa is a “lazy asset” to a lodging/real estate venture. In our 30 years of business as a spa consulting company, HFD has always been a persistent promoter and advocate on how spas are profit centers in and of themselves as well as marketing tools to sell rooms, real estate, etc. I am still amazed and disheartened to see how many lodging operators are still unaware of and not committed to maximizing the spa's potential to be a departmental profit center as well as a tangible asset to the “core” business of selling rooms and/or real estate. It's difficult to understand how people can spend millions of dollars to build a spa and not operate and market it to its full potential. Perhaps they just don't know what to do and what to expect because their experience, expertise and “comfort zone” is more with rooms and F&B than with the spa. We do know that without knowledge, expectations are low and, therefore, results are low. The spa can and should be a profitable and marketable asset, not a waste of valuable real estate or an expensive, under-performing asset that detracts from rather than adds to the overall guest experience and financial viability of the property. On a positive note, in the last few years, we have seen a heightened focus on the spa as an increasingly important component to the overall success of the property. This is primarily due to the valuable role of enlightened asset managers and astute directors of finance. I asked 4 financial experts to answer 3 questions regarding what they do to help their clients maximize the spa's potential as both a business unit and an added dimension to the overall core lodging/real estate business. Three of our four experts are asset managers and members of the International Society of Hospitality Consultants (www.ishc.com). Our 4th expert is the Director of Finance at a luxury urban hotel that does not have an outside asset manager. I am sure you will find their advice to be insightful and valuable…and hopefully easy to apply to your spa and hospitality business. - Matt Arrants, Managing Director Pinnacle Advisory Group and ISHC Member
- Rich Warnick, Principal Warnick & Co. and ISHC Member
- Chad Crandell, President CHM and ISHC Member
- Ben Campsey, Director of Finance, CPA, MBA, CHAE The Umstead Hotel & Spa **EXPECTATIONS** *Describe your expectations regarding the spa as a profit center and a marketing tool for lodging/real estate sales...* **Matt Arrants** The spa is a critical element of all hotels and resorts; however, many developers and owners tend to overlook it. This is often due to a lack of experience and understanding. Therefore, we spend a lot of time educating ownership on the impact of the spa though an ROI analysis that factors in potential impact to occupancy and average rate in addition to departmental profitability. When developing expectations for the impact of the spa, we study comparable operations to gather as much data as possible and then make reasonable adjustments and assumptions. Due to interdependent relationship of the operation coupled with the numerous other factors that affect an individual property's performance, we never apply any sort of “rule of thumb” when it comes to estimating the spa's impact on other areas of the operation. Departmental revenues and profitability are easier to quantify given the increasing availability of comparable data; however, each operation is different and those differences should be addressed. Just because a spa down the street has profit margins of 40% doesn't mean that you should expect the same. **Rich Warnick** In most upscale hotels and resorts, a spa is an expected amenity and without one, properties are likely to be competitively disadvantaged. Nevertheless, spas are expensive to create and usually occupy valuable real estate. Add to that a decline in spa usage in recent years, and it becomes clear that a spa must be thought of as a component of a property's overall strategy. Our expectations are based on how well the spa helps deliver on that strategy. Is the spa simply a necessary guest amenity (allowing group or leisure guests to “check a box” in their overall assessment of a property) - or is it a differentiator, i.e., a key reason for guests to come to a property - or stay longer once they are there? Even when it is a differentiator, it's easy to get caught up in the arms race that has become “Spa Wars.” As for profit expectations, they vary widely based on a wide variety of factors (type, concept, size, geographic location, surrounding population/demographics, labor market, etc.). In properties with a full service spa (say, 10 or more treatment rooms, some wet areas, sauna, relaxation areas, specialized therapies, and retail), we expect margins of 25% - 35% (this number assumes the salon, if any, is leased and spa F&B is separately accounted for in the F&B department). For a “check-the-box” spa (i.e., a few treatment rooms, sauna/steam), breakeven would be a happy outcome. **Chad Crandell** An asset manager's goal is simple: enhance hotel value and optimize investment returns. By this very definition, an asset manager's expectation is that all operating components of a hotel or resort should positively contribute to the profitability of an asset. In the case of a spa operation, however, it becomes increasingly difficult to establish a general expectation of performance as each hotel's spa operation may be different and the impact of a spa transcends multiple departments. For instance, the spa operation should be profitable in and of itself, generating a departmental profit in the range of 20% - 30%, the exact target varies based on location (resort vs. urban), type of hotel, size of spa, among many other factors. Additionally, the spa should generate indirect revenue and profit related to room sales, both in marketing to groups and transient guests. While expectations of the indirect benefit of a spa operation will vary largely by factors such as market, competitive offerings, nature of the spa (brand vs. independent) and hotel/resort mix of business, the general expectation is that some sort of premium should be attributed to a hotel or resort with a spa facility. It is critical that asset managers collaborate with the spa operating team to fully understand the operation and market conditions to arrive at specific performance targets that support the overall profitability goals of the hotel or resort. **Ben Campsey** The spa should act as a further extension of the brand, but with its own distinct identity. It should be able to generate incremental dollars on a hotel's ADR and lift real estate sales. There should be a clear expectation that it is capable of supporting itself and generating departmental income. **METRICS** *List and describe (along with the formula) the key metrics that you measure, and state why these are important...* **Matt Arrants** • Revenue Per Available Treatment Room: We look at total revenue, service revenue and retail revenue separately. This allows us to evaluate performance in the different areas and to make easy comparisons to other operations. • Treatment Room Utilization (Time Utilized/Time Available for Sale): This is a particularly important metric for our heavily seasonal properties due to the broad fluctuations by season and day of week. This information is critical in making decisions related to marketing, promotions and pricing. It is also important for making decisions related to any expansion. • Therapist Productivity (Service Hours Performed/Therapist Hours Available): This is a very useful metric for ensuring efficient staffing and scheduling; however, as management is often quick to point out, being too efficient can limit the ability to take walk-in business. • Guest Satisfaction: While not necessarily a quantitative metric in the same sense as the more traditional measures of performance listed above, we carefully review survey data related specifically to the spa and encourage management to gather as much feedback as is reasonable. **Rich Warnick** Besides the obvious detailed analysis of the spa department financial statement, there are about 40 metrics that we track monthly, quarterly, annually or as needed (i.e., when something seems out of line). The following are a few examples: • Total spa revenue per spa guest
• Total spa revenue per occupied hotel room
• Total spa revenue per hotel guest
• Total spa revenue per spa square foot
• Total spa revenue per treatment room
• Total treatment revenue per available treatment room hour
• Total treatment revenue per therapist hour
• Retail revenue per retail square foot
• Retail profit per retail square foot
• Retail profit/volume per spa guest (VPG)
• Ratio of retail sales to treatment sales
• Retail inventory turnover ratio In addition to these and other metrics, there are a multitude of things that we look at that would not qualify as “metric” per se - but they are, nonetheless, important to optimizing a spa's profitability and strategic effectiveness. These would include policy issues, marketing, treatment offerings, membership, etc. It is also important to consider the true overhead costs associated with a spa operation (e.g., HR, energy, sales & marketing, laundry, maintenance) - especially if they can be specifically measured versus allocated. As to the question of why we consider each of these metrics to be important, the answers are the same for every single one: • Financial statements tell you what is happening - but they generally don't tell you why. Understanding the “why” is the key to improvement, whether it's the spa or any other part of a hotel. • You generally can't optimize something at a macro level (other than replacing a manager or management company). Optimization requires granularity. • Looking at something in the abstract is limiting. Comparing to other similar things (other spas) is more illuminating if you can break down the comparisons into meaningful, distinctly measurable pieces. **Chad Crandell** Recognizing that spa operations are highly unique to each individual property can pose a challenge for asset managers in assessing performance, as applying industry averages do not always work. Therefore, it is important to establish targets based on specific objectives and opportunities available to a given spa based on the market/destination, size, management structure, hotel and/or resort positioning, etc. Regardless of the specific objectives, when interpreting data and implementing strategies, as asset managers we follow the 80/20 rule - remaining laser-focused on those things that truly matter, focusing on the 20% of items that ultimately account for 80% of the results. What might matter most for one property may vary considerably for another, but in general, these are a few metrics in which we have uncovered opportunity for enhanced profitability within the spa department: • Treatment Revenue by Time of Day: Understanding the patterns of sale by time of day (and day of week for that matter) provides a basis for marketing and pricing strategies to drive business during need hours/days, as well as maximizing sales during peak periods. For instance, one may discover that mornings and evenings represent peak periods; however, the hours between 10:00am and 2:00pm are slow. Armed with this information, “value” pricing and/or packages can be introduced targeting this slow period. Alternatively, the Spa Director might communicate demand patterns to the sales team and work to schedule group spa treatments or spa room packages during this time. There may also be opportunities to increase treatment fees during the peak hours and days to optimize profitability. • Treatment Room Utilization (or occupancy) vs. Therapist Productivity: Individually and in combination, these two metrics can lend insight on a variety of issues including labor forecast accuracy and staff productivity, as well as identify opportunities for enhanced staff utilization and space optimization. For instance, if treatment room utilization is high but productivity is low, there may be too many people scheduled at a given time during certain hours of the day. In this instance, there may be opportunities to reduce labor hours or cross-train staff on multiple services and/or cover retail, prepare product, etc. to maximize utilization. If utilization of specific treatment rooms are low and productivity is high, there may not be enough therapists scheduled at a given time and/or may suggest that the certain rooms are unable to accommodate specific treatments and therefore not being maximized. • Retail Sales by Treatment and by Therapist: Retail typically represents an opportunity for enhanced profitability, selling high margin products to a captive audience. Lower than anticipated retail sales could be attributed to the therapists themselves and require additional training and/or incentives to encourage sales during and after treatments. It could also be a reflection on the products being offered for sale or pricing which may need to be adjusted to foster increased sales. Lastly, it could also be a function of retail area placement within the spa. Is the retail area in the high traffic zone (check-in/check-out)? Is it well-merchandised? It is actively marketed? **Ben Campsey** 1. First and foremost, the standard financial metrics should be evaluated. This consists of revenue, salaries and wages, operating expenses, etc. These numbers should be benchmarked against historical trends. Spas should reference various ratios to evaluate their performance over time and against benchmarks. A common set of ratios can be established by the table below:

![alt text][1]
The numerators and denominators can be mixed to produce informative metrics. For example, Revenue Per Square Foot or Operating Expenses Per Treatment. 2. After performing a perfunctory review of the financials, there are several metrics to look at which can help one gauge the health of the business, and identify opportunities for improved profitability. A few of the key metrics are listed below: • Therapist Productivity (Service Hours Booked/Service Hours Available): This metric determines the efficiency of the labor being expended. It is important to be realistic with this metric…if it is too high you could potentially be turning away walk-in business. This metric should be evaluated along with any wait-list that exists. • Room Utilization (Service Hours Booked/ Room Hours Available): Determines the occupancy of treatment rooms. This should be done by day and by hour if practical. Understanding room utilization will greatly assist in determining your mix of services, and when it might be counter-productive to offer services that do not end on the hour. This metric should be evaluated along with any wait-list that exists. • Treatment Profitability/Contribution Margin (Treatment Revenue Less All Variable Costs Associated with the Service): This determines the profitability of each treatment in the portfolio. • Product Revenue/Treatment Revenue by Category: Determines the contribution margin of services, allowing management to understand the financial impact of various strategies, including discounting. **STRATEGIES** *Provide recommendations or strategies that you tell your clients in order to help maximize the spa's marketability and profitability...* **Matt Arrants** • Position the spa as its own entity: We recommend that the spa have a distinctive name, its own logo and distinctive design elements that help to create an identity. By doing this we believe it is more likely to serve as a demand generator for the hotel/resort. We note, however, that operationally, the spa should be fully integrated into the larger operation in order to maximize guest service and control costs. • Market the spa effectively: Marketing of the spa is too often an afterthought that is simply a part of the overall-hotel marketing plan. It should have its own marketing plan with clear goals, objectives, strategies and tactics. • Internal merchandising: We work with a seasonal destination resort where various departments are required to host complimentary seminars or classes. The spa offers classes on subjects ranging from yoga and meditation to how to make your own bath salts. These classes benefit the resort by providing an activity for the guests which helps to attract them or lengthen their stay. In the spa, it helps to introduce guests to the staff and the facilities which in turn, lead to increased sales. **Rich Warnick** Some of the strategies we have found to be particularly successful in improving spa profitability are: • Offer shorter, lower priced treatments, either packaged to create a broader guest experience or sold a la carte to encourage trial use by hotel guests. This is especially effective with groups. • Memberships and loyalty programs for local residents • E-tail - that is, the sale of branded spa products online • Pre-arrival spa treatment solicitations • Targeted post-arrival special offers • Revenue management - dynamic pricing and controlled menu availability (e.g., disallowing low margin treatments during high demand periods) • Use of spa products in guest rooms which has three benefits:
-- It is a subtle way to market spa demand during a guest's stay
-- It is an excellent way to increase spa retail
-- It provides take-home value and lasting memories • Create a “virtual” spa or spa expansion. Almost every spa is limited in size, whether because of the cost/availability of real estate, the cost to develop, demand considerations, etc. These hard asset limitations can be offset in many ways, almost all of which not only expand spa revenue/profitability, but also enhance the guest's experience. Following are three examples:
-- Off-spa-premises treatments (beach, cabana, in-room, etc.)
-- Organized (paid) off-spa-premises fitness activities (hiking, kayaking, tai chi, etc.)
-- Rich programming (wellness classes, cooking/nutritional programs, medical affiliations, etc.) **Chad Crandell** • Align interests between the spa operation and the hotel: It is not uncommon for hotels to fall into a “silo” mentality with departments acting as distinct operations as opposed to one operation with a single objective. While many services within the hotel may ultimately serve as an amenity to the rooms operation, the sum of the whole is always greater than its parts when it comes to collaboration as a strategy for driving profits. For example, integrating the Spa Director as part of the Executive Committee and sales team for the hotel, including them in weekly meetings and actively participating in group site tours will not only expand their knowledge of future groups, scheduling and sales goals, but also provide the client with a level of expertise and specialization which in turn will enhance satisfaction, drive business and maximize sales. Close collaboration between all operating departments will serve to enhance communication between the managers and increase awareness of overall profitability goals. • Implement revenue management practices: As asset managers, an increased focus on revenue management is critical in today's market. While the concept of revenue management is most commonly associated with maximizing revenue within the rooms department, asset managers recognize that this is a practice that should be implemented throughout every operating department, including the spa. As previously discussed, an analysis of key metrics will shine a light on areas of opportunity to maximize sales and profits. This business intelligence should be used to accurately forecast demand and develop strategies to enhance total yield within the spa. Asset managers should challenge the operating team to answer questions such as:
-- What strategies are in place to drive business to our need days and hours? -- Are we turning away higher paying services during certain parts of the day because we are fully booked? -- Are we striking the most profitable balance between serving local community and hotel guests? -- Are we adjusting our pricing based on demand patterns? • Know your spa's true profit: Spa departmental profit is only part of the equation. Recognize that there is a true operating cost of a spa and it is an asset manager's job to challenge the operating team to gain a clear understanding of the spa's overall contribution to NOI. • How much profit is the spa contributing after undistributed expenses such as management fee, sales and marketing, utilities, credit cards fees, etc.? • Based on the true “cost” of operating the spa, are the departmental profit targets appropriate? **Ben Campsey** • Monitor the financial impact of the discounts you are offering: First, calculate the service profitability. Determine the impact of the discount. Calculate the number of additional services needed to break even on profitability. For example, if you have a treatment with a retail price of $100, and variable costs of $40, then your contribution margin is $60. If you offer a 20% discount, then your contribution margin for the discounted service is $40. Now, take $60 (undiscounted contribution margin) and divide it by $40 (discounted contribution margin) to arrive at 1.5 or 150%. This means that you would need a 50% increase in services to justify the discount. • Set realistic goals that can be monitored: Select a few of the metrics or ratios listed above. Determine a realistic improvement, and monitor it daily for 30 days. For example, target 85% Therapist Productivity • Schedule a meeting with Rooms and Food & Beverage representatives to discuss internal marketing opportunities: While it can be cumbersome and time consuming, it can significantly impact capture rates for all outlets while contributing to team effectiveness. *CONCLUSION* Our experts have shared some valuable insights as to the spa's potential and how their focused diligence and “can do” know-how help hotel owners and operators to maximize this potential. They have given several insightful as well as common sense, practical recommendations. Much of their spa advice is, in many ways, quite similar to what would be advocated for hotel, F&B and other recreational operations. The spa is not a mysterious, complicated business…it's an extension of the hospitality business. Hopefully, after reading this article, hotel owners and operators, directors of finance and asset managers will: • Have less of a “fear the unknown” and will not be intimidated due to their lack of hands-on experience or expertise regarding the spa. • Be more comfortable, confident and even adamant about the spa's contribution to the overall marketability and profitability of the lodging/real estate venture. • Not be complacent and accepting of an “under-whelming” and under-performing block of “feel good” real estate that should be both a tangible and intangible asset. It's quite simple and logical: MARKET and MANAGE the spa as a BUSINESS in order to be a BUSINESS. ![alt text][2]
*Matthew Arrants, ISHC is the Executive Vice President of Pinnacle Advisory Group in their Boston office. Pinnacle Advisory Group is a boutique full-service hospitality consulting firm with several offices throughout the US. For the past 15 years, Mr. Arrants has specialized in asset management, new development and operational reviews. He is currently the Chairman of the International Society of Hospitality Consultants. Mr. Arrants lectures regularly at the the Boston University School of Hospitality Administration and Cornell School of Hotel Administration. Matt holds a Masters Degree in Hotel Administration from Cornell University and a BA in Political Science from Hartwick College.* ![alt text][3]
*Richard Warnick is President and founder of Warnick + Company, a hospitality advisory and asset management firm that serves many of the world's leading hotel and real estate companies, private investors, financial institutions, and government agencies. Before forming Warnick + Company, Rich was a principal with Laventhol & Horwath (L&H), an international accounting firm known for its expertise in the hospitality and real estate industries. Mr. Warnick is also a partner in Montage Hotels & Resorts, a luxury hotel company founded in 2002. He serves as an advisor to the company and has represented Montage in acquisitions and development deals worth more than $2.5 billion in total asset value. Mr. Warnick is a member and former co-chair of the Urban Land Institute (ULI) Hotel Development Council. He is past President, Chairman Emeritus, and a current board member of the International Society of Hospitality Consultants (ISHC), an organization comprised of prominent hospitality consultants from around the world. He is also a member of the Hotel Asset Managers Association (HAMA).* ![alt text][4]
*Chad Crandell is the President and co-founder of CHM, leading provider of hotel asset management services, representing owners, investors and developers of hospitality real estate. Mr. Crandell oversees all CHM corporate functions, focusing on client relations, development and deal sourcing. Mr. Crandell advises on key operational challenges, including risk mitigation, capital planning and expenditures, and investor-funded capital projects. Mr. Crandell is also a partner in CHM Partners, a hotel acquisition/investment company. Mr. Crandell received his B.S. in Hotel Administration from Cornell University.* ![alt text][5]
*Ben Campsey, CPA, MBA, CHAE, is Director of Finance for Cary North Carolina's Five Star, Five Diamond, Umstead Hotel and Spa. He joined the opening team at The Umstead Hotel and Spa after nearly ten successful years with Canyon Ranch Health Resorts. Innovative in his approach to spa financial management, Mr. Campsey has long been a proponent of establishing and measuring a common set of benchmarks in the spa industry. He has assisted HFD with developing tools and software which can be used to target areas where spas can become more profitable. It is with these benchmarks and metrics that spas can evaluate the financial success of their operational strategies.* [1]: http://www.hotelexecutive.com/images/business_review/28572_singer.jpg [2]: http://www.hotelexecutive.com/images/business_review/6c358_arrant_matt.jpg [3]: http://www.hotelexecutive.com/images/business_review/fefc8_warnick_richard.jpg [4]: http://www.hotelexecutive.com/images/business_review/0901f_Crandell_Chad.jpg [5]: http://www.hotelexecutive.com/images/business_review/20f2b_Campsey_Ben.jpg [6]: http://www.hotelexecutive.com/images/business_review/6c358_arrant_matt.jpg [7]: http://www.hotelexecutive.com/images/business_review/fefc8_warnick_richard.jpg [8]: http://www.hotelexecutive.com/images/business_review/6c358_arrant_matt.jpg [9]: http://www.hotelexecutive.com/images/business_review/6c358_arrant_matt.jpg

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HotelExecutive, including all software, functions, materials, and information is provided "as is" without warranties of any kind, either express or implied. HotelExecutive disclaims all warranties, express or implied, including, but not limited to, warranties of non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, merchantability of computer programs, data accuracy, system integration, and informational Content. HotelExecutive does not warrant or make any representations regarding the operation of HotelExecutive, the use, validity, accuracy or reliability of, or the results of the use of the materials on HotelExecutive or any other sites linked to HotelExecutive. The materials of HotelExecutive may be out of date, and HotelExecutive makes no commitment to update the materials at HotelExecutive. HotelExecutive does not and cannot guarantee or warrant that the files available for downloading from HotelExecutive, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. HotelExecutive does not warrant that HotelExecutive, software, materials, products, or services will be uninterrupted or error-free or that any defects in HotelExecutive, software, materials, products, or services will be corrected.

3. LIMITATION OF LIABILITY

In no event will HotelExecutive, its suppliers or other third parties mentioned at or in HotelExecutive be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of HotelExecutive, any web sites linked to HotelExecutive, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from HotelExecutive results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

4. REVISIONS TO THIS AGREEMENT

HotelExecutive may revise this Agreement at any time without notice by updating this posting. By using HotelExecutive you agree to be bound by any such revisions and should therefore periodically visit HotelExecutive and page to determine the then current Terms of Access and Use conditions of use to which you are bound.

5. TRANSMISSIONS

Any idea you transmit to or post on HotelExecutive by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by HotelExecutive or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products. You are prohibited from posting or transmitting to or from HotelExecutive any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

6. YOUR WARRANTIES

You warrant to HotelExecutive that:

You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that HotelExecutive will own the compilation copyright in that database. In addition, you hereby grant HotelExecutive a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publically display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither HotelExecutive nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.

You will comply with these Terms of Access and Use including, without limitation, the USE RESTRICTIONS set out in Section 3 above;

You agree to indemnify and hold HotelExecutive harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms of Access and Use by you or your violation of any law or the rights of any third party.

7. ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION

HotelExecutive may take any or all of the following actions at our sole discretion:

Remove any member profile (including photographs) or other material that, in our sole discretion may be inappropriate or we suspect to be illegal, subject us to liability or which may violate these Terms of Access and Use or where required to do so by law;

Issue members with verbal or written warnings and may take such further action as we deem appropriate if such warnings are not heeded;

Suspend or terminate a member's access to the members's area of HotelExecutive or a member's account without notice at any time;

Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or bring legal action against a member or other user of HotelExecutive in relation to any breach of these Terms of Access and Use or any illegal or suspected illegal activity.

8. GOOD SAMARITAN CONTENT AND COMPLAINT PROCEDURES POLICY

A. Policy

We have provided opportunities for you to contribute Content to our Site. It is our policy, however, not to allow any Content which may constitute intellectual property infringement; violations of federal, state, or local law; obscene or defamatory material, or may otherwise be unacceptable or inappropriate. Upon learning of such Content, we will attempt, and you hereby give HotelExecutive the right, to delete, edit, remove, disable, change, or restrict access to or the availability of the Content, which in our sole discretion, is otherwise unacceptable or objectionable. We may or may not notify you about what action we take with respect to the disputed Content. The provisions of this section are intended to implement this policy but are not in any way intended to impose a contractual obligation upon us to undertake, or refrain from undertaking, any particular course of conduct.

B. Complaint Procedures

If you believe that another user or other third party has posted Content which violates this policy or specifically the USE RESTRICTIONS in Section 3 above, you may notify HotelExecutive via e-mail at editor@HotelExecutive . In order to allow HotelExecutive to respond effectively, please provide HotelExecutive with as much information as possible in your correspondence, including: (1) the nature of the right infringed or violated (including any applicable registration numbers of the federally-registered intellectual property allegedly infringed), if applicable, or the unacceptable or inappropriate Content; (2) all facts which lead you to believe that a right has been violated or infringed, if applicable; (3) the precise location where the offending Content is located; (4) any grounds to believe that the party or user which posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate Content; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership.

C. Indemnification/Waiver of Certain Rights

By contacting HotelExecutive and complaining of an alleged violation, you agree that the substance of your complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the State of California. In addition, you agree, at your own expense, to defend and indemnify HotelExecutive and hold HotelExecutive harmless against all claims which may be asserted against HotelExecutive, and all losses incurred, as a result of your complaint and/or our response to it.

D. Waiver of Claims and Remedies

We expect all users of our Site to take responsibility for their own actions and cannot and do not assume liability for any acts of third parties which take place at our Site. By utilizing the Good Samaritan procedures set forth herein, you waive any and all claims or remedies which you might otherwise be able to assert against hotelexecutive under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the content at hotelexecutive or our response, or failure to respond, to a complaint.

E. Investigation/Liability Limitation

You agree that we have the right, but not the obligation, to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable or restrict access to or the availability of Content. We will not act on complaints that we believe, in our sole discretion, to be deficient, incomplete, or otherwise questionable. If you believe that Content remains on HotelExecutive which violates your rights, Your sole and exclusive remedy shall be against the user or other party responsible for said content, not against HotelExecutive. your sole and exclusive remedy against HotelExecutive shall be to terminate your use of HotelExecutive and service.

Digital Millennium Copyright Act Compliance. As set forth in Subsection (b), you must contact our agent if you believe that a work protected by a U.S. Copyright which you own has been posted on our Site without authorization or that our Site, in some material way, contributes to its infringement. It is our policy in appropriate circumstances, if possible, to terminate the access rights of repeat infringers and other users who use HotelExecutive in an inappropriate or objectionable manner.

9. COOPERATION WITH LAW ENFORCEMENT

HotelExecutive reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing HotelExecutive to disclose the identity or other information regarding any user or member alleged by any governmental entity to be using HotelExecutive or any Content or materials available in, at, through or in association with HotelExecutive in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials. By accepting this agreement you waive and hold harmless HotelExecutive from any claims resulting from any action by HotelExecutive during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by either HotelExecutive or law enforcement authorities

10. APPLICABLE LAWS, VENUE, JURISDICTION & MANDATORY ARBITRATION

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. HotelExecutive's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HotelExecutive in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by HotelExecutive. This Agreement may not be assigned in any manner by you without the express, prior written permission of HotelExecutive.

Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court or competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States.

Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter with the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby HotelExecutive, in its sole discretion shall elect the dispute to be resolved by either (1) a court of competent jurisdiction in the State of California or (2) a panel of three new arbitrators.

This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions. You and HotelExecutive agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be San Francisco, California. You and HotelExecutive further agree that in case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of San Francisco, California for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the California Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the California Courts represent the exclusive jurisdiction for all litigation relating to this Agreement.

11. MEMBERSHIP FEES

Hotel Business Review Subscriptions

If you choose to purchase a subscription, member subscription payments can be made in U.S. Dollars, as well as a variety of international currencies. Membership terms are Annual Recurring, and Monthly Recurring. The Annual Recurring subscription is an annual commitment and subscribers will be charged each consecutive billing cycle. Annual Recurring subscriptions can be cancelled after the first billing cycle and within 30-days of the billing date for a full refund. Monthly Recurring subscriptions are ongoing and subscribers will be charged each consecutive monthly billing cycle. Monthly Recurring subscriptions can be cancelled after the first month and within 7 days of the monthly billing cycle for a full refund.

12. PAYMENT AUTHORIZATION

Payment for the services provided to you in, at, through or in association with HotelExecutive may be made by automatic credit card, debit card, direct debit, bankwire or Paypal and other approved payment means offered in, at, through or in association with HotelExecutive, and you hereby authorize HotelExecutive and its agents to transact such payments on your behalf.

You hereby authorize HotelExecutive's Internet Payment Service Provider to charge your credit card to pay for your membership to HotelExecutive. You further authorize HotelExecutive's Internet Payment Service Provider to charge your credit card for any and all purchases of products, services in association with HotelExecutive. You agree to be personally liable for all charges incurred by you in association with your access or other use of any content provided by HotelExecutive or any third party in association with HotelExecutive. You acknowledge and agree that your liability for all such charges shall continue after termination of your access or any type of membership arrangement with HotelExecutive.

In the event that you have chosen to have your membership automatically rebilled, unless and until you notify HotelExecutive that you wish to cancel or terminate your membership to HotelExecutive, you hereby agree and authorize HotelExecutive's Internet Payment Service Provider to automatically renew your membership to HotelExecutive on a continuing basis and to charge your credit card (or other payment means you have selected) to pay for the ongoing cost of your membership. You hereby further authorize HotelExecutive's Internet Payment Service Provider to charge your credit card (or other approved payment means you have selected) for any and all purchases of products, services and entertainment provided to in, at, through or in association with HotelExecutive.

13. PRIVACY POLICY

The following is the Privacy Policy for HotelExecutive

We can be reached via telephone, email, or online at our contact page. When you visit our site we do not log any information regarding your domain or email address. Information Sharing: We do not share user information with any third parties other than via press release distribution as described below.

Hotel Newswire is a newswire service that distributes press releases on behalf of our users. If you decide to submit a press release for distribution through our system we will transmit your entire press release including any personal information therein contained to our media contacts and online distribution points including search engines. This is the only redistribution of your information that we engage in. Your submission of press releases through our system indicates consent with this policy. The information we collect during your registration process is used to notify users about updates to our service and inform users of any special events hosted by Hotel Newswire. This information is not shared with other organizations for commercial or non-commercial purposes.

Cookies: Our system requires the use of cookies to enable the user to log back into our website to access information from the newswire, without having to log in each time using the required username and password.

If you do not want to receive email from us in the future, please let us know by following instructions included in our communication with you. Users who supply us with telephone numbers online may receive telephone contact from us regarding their account, or informing them of new products and services available on the HotelExecutive website. If you do not wish to receive such telephone calls, please edit your account and remove your phone number from your account profile. This can be done from your user account menu.

Ad Servers: We do not partner with or have any relationship with any ad server companies. From time to time, we may use customer information for new uses not previously disclosed in our privacy notice. If our information practices change at any time, we will post the policy changes to our website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our website periodically.

Upon request we provide site visitors with access to all information (including proprietary information) that we maintain about them. Users can access this information by logging in to their account.

Security: We always use industry-standard encryption technologies while transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you on our site. We do not store credit card information in our systems.

If you feel that this site is not following its stated information policy, you may contact us.

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