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Keep the lawyers out! Contract Management Claire Smith Vice President of Sales & Marketing – Vancouver Convention Center Mathias Posch President ICS – International Conference Services Ltd IAPCO & PCMA SEMINAR

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Page 1: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

Keep the lawyers out!

Contract Management

Claire Smith Vice President of Sales & Marketing – Vancouver Convention Center Mathias Posch President ICS – International Conference Services Ltd

IAPCO & PCMA SEMINAR

Page 2: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Who’s here? PCOs

Meeting Planners

Association Executives

Convention Bureaus

Venues

DMCs

Hotels

Suppliers

Page 3: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

What’s to come

PCO Contracts

Venue contracts

General contracting

tools

Page 4: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Keep the lawyers out!

Page 5: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Keep the lawyers out! … of the negotiations and fine tuning of a

contract

Keep them in for your general terms and contract template!

Page 6: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

What is a “contract”? • An agreement between two or more parties,

especially one that is written and enforceable by law

What is an “agreement”? • An arrangement between parties regarding a

course of action

Page 7: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

We all get along great – do we actually need an agreement?

Page 8: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

“Yes!” To agreements Agreements are formalized relationships

Consider all possibilities while everyone is

happy

Get the details right (Contracting bodies!)

Define responsibilities

Confirm court of law

Page 9: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

What else you must not miss

Confidentiality Clause

Termination Terms

Indemnification

Intellectual Property

Payment Terms

Page 10: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Contract Negotiations

1. Objectives

2. Gather information

3. Identify and prioritise

issues 4. Philosophy

5. Specific objectives and

parameters

6. Strategy 7. What will they do?

Page 11: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

What will they do? Cultural differences Who am I negotiating with?

(Hierarchy) What is THEIR

objective/primary goal? Why are they negotiating

with me?

Page 12: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Interdependence of contracts

PCO

Client (s)

Others

Venue(s)

Hotels

Association Stakeholders

Page 13: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT CONTRACTING WITH VENUES

Why the Mystery?

Page 14: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

How are they different?

CONTRACTING WITH VENUES

Page 15: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT CONTRACTING WITH VENUES

How are they different?

TENANT AGREEMENT

LONG

GOVERNMENT

Page 16: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT CONTRACTING WITH VENUES

PCOs & Venues

Page 17: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

FACILITY REGULATIONS

CONTRACTING WITH VENUES

Prepare in Advance

Page 18: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT CONTRACTING WITH VENUES

Tricky Clauses FORCE MAJEURE CANCELLATIONS

INDEMNITY DEPOSITS

Page 19: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Tips

Prepare in advance

Know what you are trying to protect?

Look at the big picture

Page 20: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Pick your battles Use counsel wisely

It’s not all about you

Find a mentor

Tips

Page 21: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

The start of a beautiful relationship

Page 22: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Keep the lawyers out… To create an

environment of trust and collaboration

But…be prepared and get your ducks in a row

Page 23: IAPCO & PCMA SEMINAR slides.pdf · PCOs & Venues . CONTRACT MANAGEMENT FACILITY REGULATIONS . CONTRACTING WITH VENUES . Prepare in Advance ... CONTRACT MANAGEMENT Tips . Prepare in

CONTRACT MANAGEMENT

Thank you! • Questions? Claire Smith Vice President of Sales & Marketing – Vancouver Convention Center Mathias Posch President ICS – International Conference Services Ltd.