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Legal Aspect in Tourism & Hospitality

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Summary

This document provides an overview of legal aspects related to business organizations within the tourism and hospitality industry, including sole proprietorships, partnerships, and corporations. It details various aspects, such as responsibilities and liabilities, focusing on the legal structure surrounding business operations in this sector.

Full Transcript

**Legal Aspect in Tourism and Hospitality Reviewer** **Chapter 3** **3 Known Forms of Business Organization** 1. Sole Proprietorship 2. Partnership 3. Corporation **Sole Proprietorship** - the oldest, simplest, and most prevalent form of business enterprise. It is an unorganized business ow...

**Legal Aspect in Tourism and Hospitality Reviewer** **Chapter 3** **3 Known Forms of Business Organization** 1. Sole Proprietorship 2. Partnership 3. Corporation **Sole Proprietorship** - the oldest, simplest, and most prevalent form of business enterprise. It is an unorganized business owned by one person. **Obligations of Sole Proprietor** 1. To secure License and Business permits 2. To register the Business Name 3. To pay tax 4. To pay personally all debts and obligations of the business **Advantages of Sole Proprietorship** 1\. Sole enjoyment of profit 2\. Cheaper fees paid to the government 3\. Low capitalization **Disadvantages** 1\. Personally liable to all debts and obligations of the business. 2\. Burdensome because all decisions and undertakings are to be carried out by the proprietor alone. 3\. Limited ability to raise capital. 4\. The existence of the business depends upon the death, illness, condition or to the will of the proprietor. **Partnership Definition and Concept** **Art. 1767 of the New Civil Code** provides, \"By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. **PARTNERSHIP** - the members become co-owners of what is contributed to the firm capital and of all property that may be acquired thereby and through the efforts of the members. A partnership begins from the moment of the execution of the contract, unless it is otherwise stipulated. **Essential Requisites of Partnership** 1\. There must be a valid contract, 2\. There should be contribution of either money, property or industry to a common fund, 3\. The business, object or purpose of the partnership must be lawful; 4\. The purpose of the partnership is for profit and with the intention of dividing the same among the partners; and 5\. There must be two or more persons with legal capacity to enter in the contract of partnership. **Nature of Partnership** - Just like any relationship partnership is based on the trust and confidence of the partners or known as Fiduciary Nature of Partnership. **Fiduciary Nature of Partnership** - This kind of relationship is very important because the act of any of partners for apparently carrying on in their usual trade or business binds the partnership. **Delectus Personae** - means no one can become a partner without the consent of all the partners. The consent of all of the partners in the partnership must be obtained to enable them to join the partnership. **Classification of Partnership** **1.As to Liability:** a\. **General Partnership** - is a partnership where all the partners are general partners who are liable to the extent of their separate property after the partnership asset has been exhausted. b\. **Limited Partnership** - is a partnership with one or more general partners and one or more limited partners. In limited partnership, the general partner will be held liable beyond his contribution. A limited partner is however liable only to the extent of his contribution. **2.As to Duration:** a\. **Partnership at Will** - is a partnership without a fixed duration set by the partners. It may be terminated depending upon the will of the partners. b\. **Partnership for a Specific Period** - is a partnership which is agreed upon to exist only for a specific term or period or for the accomplishment of a particular undertaking. **Classification of Partner** **1. Capitalist Partner** is one who contributes capital (property or money) **2. Industrial Partner** - is one who contributes industry or skills. **3. Capitalist-Industrial** - Partner is a partner who contributes both capital and industry. **4. General Partner** - is a partner who is liable beyond the extent of what he has contributed. **5. Limited Partner** - is a partner in a limited partnership and is liable only to the extent of what he has contributed. **Distribution of Profits** - Under article 1797 of the civil code, the profit of the partners shall depend upon the agreement of the partners, in case they failed to stipulate, the parties\' share in the profit shall be in proportion to what he may have contributed. **Profit of the Industrial Partner** - Insofar as the industrial partner is concerned, he or she shall receive a share which may be just and equitable under the circumstances. **Distribution of Losses** - The rules on distribution of losses are the same as the rules above to the effect that, the share of the partner in the losses shall be that share agreed upon. **Dissolution of Partnership** - Dissolution is the change in relation of the partners caused by any partner ceasing to be associated in the carrying on of the business. **TRAVEL, WRITING AND PHOTOGRAPHY (Reviewer)** **Travel Photography** - the act of photographing while travelling. The goal is to capture the locations you visit and the adventures you experience. **Travel photography** - is a genre of photography that may involve the documentation of an area\'s landscape, people, cultures, customs, and history. **Travel photographers** - someone who wants a few snapshots of the family holiday, through to those that do more adventurous trips and want to capture the experience, and on to those who travel to do photography. **ORIGINS OF TRAVEL PHOTOGRAPY** **EARLY TRAVEL PHOTOGRAPHY** **1839** - **Frenchman Louis Jacques Daguerre** created a photographic process called **daguerreotype.** **Photographic process** -- process that produce long light **Frederick Scott Archer** - created a new photographic procedure, called the **collodion process**. The advantage of this was that it **slashed exposure times to just two seconds.** **1888 -- George Eastman** -- founder of Kodak **Kodak** -- first modern type of camera. - A camera that used a roll of film - 100 exposure film **1900** -- Kodak Brownie **Other names that have left their mark in travel photography history:** Charles Clifford Linnaeus Tripe William Young Herbert Ponting Lord Carnarvon Solomon Nunes Carvalho James Ricalton **1888 --** National Geographic **1937 --** Travel Plus **1987 --** Conde Nast Traveler **Who invented Travel Photography?** **Joseph Niépce --** took the oldest travel photo on 1825 **Subject** -- Street scene in France. **1888** -- travel photography was invented by George Eastman, the founder of Kodak. **Travel Photography Tips** 1\. Include people 2\. Use the rule of third 3\. Pack A Lightweight Travel Tripod -A tripod allows you to set your camera position and keep it there. With the camera fixed, you can then take your time arranging the perfect composition 4\. Patience Is Everything 5\. Plan your shots and be unique 6\. Be Nice & Have Fun! **Importance of Travel Photography** - Travel photography is all about bringing the world to people and exposing to them what else is out there. It\'s about educating people about the customs of other cultures, showing them how they differ from their own. The world is made better by travel photography. **Basic Photography** **Photo:** Light **Graphy:** Drawing / Writing **Photography literally Means:** Drawing with light **Tools used in photography** 1. Camera 2. Lens a. Prime lens b. Zoom lens **Types of Photography** 1. Mobile Photography 2. Street Photography 3. Event Photography 4. Wedding Photography 5. Black & White Photography 6. Fashion Photography 7. Nature & Landscape Photography 8. Travel Photography **Why Photography/Benefits of Photography** 1. Make Money 2. Capture Moments 3. Tells a Story 4. Share your Perspective 5. Bring Out Creativity **Composition** **Rule of Thirds** - Place points of interest on the intersections and important elements along the lines. **Leading the Lines** - Use natural lines to lead eyes into the picture. **Diagonal lines** - creates great movement. **Framing** - Use natural frames **Figure to Ground** - Find a contrast between subject and background **Fill the Frame** - Get close to your subjects **Center Dominant Eye** - Place the dominant eye in the center of the photo **Patterns and Repetitions** - Patterns are aesthetically pleasing, but the best is when the pattern is interrupted\ **Symmetry** - is pleasing to the eye

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