At Fasken Martineau, we recognize that the Hospitality & Leisure segment of the real estate industry is one of the most dynamic and rapidly changing sectors. Unlike conventional real estate, the operational component of hospitality properties represents a significant element of both the revenue and the risk of the investment, which sets it apart as a very distinctive and hands-on business.

We regularly act for hotel owners, who are often more passive investment partners, and who engage professional management companies and contract with banner sponsors to provide operational and marketing expertise. The use of web-based marketing, booking and reservation services and contracting of non-exclusive third party intermediaries creates an entirely different landscape for investors, who now require leading edge advice not only on real estate and management components but also on intellectual property (IP), licensing and information technology (IT) matters.

Our professionals are versed in the business imperatives which govern the relationship between hotel owners and managers. We regularly represent both owners and managers to develop mechanisms to incentivize manager performance while preserving the owner's flexibility to direct the business plan and its governance aspects and maximizing return.

Unlike most other real estate investments, the hospitality field is very labour intensive and requires seasoned investors and trusted partners to provide hands-on day-to-day management. Our cross-disciplinary team of experts offers a wide ranging suite of solutions to coordinate leading real estate, labour law and intellectual property advice.

We view every project we are involved in as a complete business, with its interconnecting components each having their specific sets of challenges which must be addressed comprehensively in the project documentation to ensure its success.

Our Clients

We act for major real estate investors and developers; pension funds; financial institutions and lenders; real estate investment trusts (REITs); real estate investment funds and institutional investors; private equity funds and sponsors; insurance companies; crown corporations and public and quasi-public entities; office and retail landlords; major tenants; builders, owners and managers of hospitality properties; and developers of commercial, multi-residential, mixed-use, industrial and office properties.

We are passionate about investing in the future. We encourage start-up companies, whether as owners, investors, operators or developers, and also work with existing blue chip investors and development companies.

Our Expertise

  • Sponsorship and banner agreements
  • Management and operating agreements
  • IP, including trademarks
  • Licensing agreements
  • IT, including privacy and information protection concerns
  • Labour law for the hospitality sector