Green Language in ContractsBy Robert Sumner, Esq.

Greening your contracts

When the word “green” is used to describe a color, it is a clearly defined term. When the word is used in the context of activities, it is not as well-defined. Merriam-Webster includes the following as the 10th definition of the word: “relating to or being an environmentalist political movement.”

The term “sustainability” is increasingly used, and various organizations are working to establish best practices and standards for sustainable events. In the construction industry, criterion for green buildings have become well-defined, such as the LEED standard by the U.S. Green Building Council. The U.S. federal government and many local governments include standards in supply contracts for such elements as cleaning supplies and furniture. And the EPA has published guidance for conserving resources and protecting the environment in connection with travel by federal government employees.

Often in meetings contracts, the description of green meeting practices has consisted only of vague references. This is changing, as meeting industry organizations are working together to establish uniform definitions and clear benchmarks.

Standards Development

Contracts of all sorts incorporate standards into the agreement. This is more efficient than the parties negotiating detailed language for every deal. Established industry standards can be incorporated by reference in the agreement, which can make the specific criterion enforceable. The Green Meetings Industry Council is a professional meeting industry association focused on advancing sustainability in the meetings industry. In its publication, Introduction to International Sustainable Event Standards, GMIC informs meeting and event industry leaders of two separate standards processes that are currently underway. BS 8901 is the first voluntary standard for a sustainable events management system for the industry, according to GMIC. This standard, issued by the British Standards Institution (BSI Group), is a system of requirements for planning and managing sustainable events. It was issued in 2007 and revised in 2009, and is being used by such organizations as Microsoft, MPI, the USGBC and the 2012 London Olympics.

The Convention Industry Council’s Accepted Practices Exchange (APEX), in collaboration with ASTM, is scheduled to release new green meeting standards for the industry this fall. The APEX/ASTM standards are described by GMIC as “specific, measurable, performance-based criteria.” The BS 8901 and APEX/ASTM standards are different in approach and are designed to complement each other.

Contract Language

Once these standards are well-established, meeting professionals may incorporate them in contracts by reference to the standard. In the meantime, they may include sustainability terms in contracts that are mutually acceptable to the meeting sponsor and facility. For example, MeetGreen, an event management and green consulting company, has used language similar to the following in meeting contracts:

GMIC expects the Hotel will adhere to the following green practices which include: waste management, recycling, energy use, use of renewable resources and conservation of nonrenewable resources. The Hotel agrees to provide the/or implement the following at no additional charge to GMIC:

Recycling Participation

  • Provide a recycling program (recycling paper, plastic, glass, aluminum cans, cardboard and grease) for entire hotel including sleeping rooms and meeting space.
  • Provide clearly marked recycling containers in common areas including lobby and the Hotel guest rooms (unless the Hotel sorts and recycles).

Energy Use

  • Instruct the Hotel housekeeping staff to shut blinds and turn down the heat/air conditioning and turn off lights during the day in rooms while attendees are gone.
  • Implement a towel and sheet reuse program.

Waste Minimization

  • Instruct the Hotel housekeeping staff to not replace consumable amenities daily unless they are gone. Use of soap and shampoo dispensers would be optimal. The Hotel will participate in an amenity donation program—if available locally.
  • Use glass or china (nondisposable) catering plates, cups and glasses.
  • NO polystyrene (#6 plastic) used under any circumstances.
  • Serve condiments in bulk containers, not individual servings, eliminating wasteful packaging. This includes sugar, creamer, butter, cream cheese, etc. (exception: serve sugar substitutes in individual servings).
  • Use cloth napkins, whenever possible. Use coasters instead of cocktail napkins. If paper napkins are required–then they must be made of post-consumer recycled paper.
  • Donate all leftover food to a local food bank.
  • Donate all table scraps to a local farm or compost—if program is available or can be arranged for by GMIC.
  • If food and beverage events are not booked in Hotel, hotel is to offer locally grown, organic option in food and beverage outlets.  Polystyrene is not to be used in any venue of the hotel.

Environmentally Responsible Purchasing

  • Use cleaning products that do not introduce toxins into the air or water.


Failure to adhere to the stated green policies is considered in breach of contract and may result in compensation concessions for GMIC.

(Used with permission of GMIC and MeetGreen.)

With green meeting principles becoming standardized and widely accepted, expect to see best environmental practices actually put into effect—and this will benefit us all.