Hotel expansion may use a franchise, brand-licence, management or combined structure. The contract label matters less than the rights, control, fees, approvals and operational responsibilities it creates.
Common structures
A franchise typically combines the right to use a brand and operating system with standards, training, reservations, marketing and continuing oversight. A brand licence may focus more narrowly on intellectual-property use, while a hotel-management agreement gives an operator responsibility for specified management functions.
Intellectual-property terms
The agreement should identify each licensed trademark, copyright work, design, domain name, booking asset and confidential system. It should state the territory, term, permitted use, quality controls, approval rights, enforcement responsibility and treatment of locally created material.
Commercial and regulatory due diligence
Before signing, the parties should assess company and foreign-investment requirements, tax, royalty or service-fee remittance, hotel classification, property rights, construction and operating approvals, employment, competition, consumer protection, privacy and sector-specific licences.
Key contract provisions
- Opening conditions and performance tests.
- Initial, continuing, marketing and reservation fees.
- Brand standards, inspection and cure periods.
- Procurement, data, booking systems and cybersecurity.
- Renovation obligations and capital expenditure.
- Termination, de-branding, transition and dispute resolution.
Recommended approach
Prepare a responsibility matrix before negotiation. It should show who owns, funds, approves and operates each part of the project and which Nepal approvals are conditions to closing or opening.
This article provides general information, not legal advice.
Related services and resources
Primary and official sources
- Patent, Design and Trade Mark Act, 1965 – WIPO Lex — World Intellectual Property Organization
- Patent, Design and Trade Mark Act, 2022 (1965) — Nepal Law Commission
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