These Additional Terms and Conditions and the Banquet Event Order, each hereby made a part hereof (collectively, the “Agreement“) are entered into by and between the Hotel set forth on your Banquet Event Order (“Hotel” or “us” or “we” or “our”), and the person or legal entity responsible for commissioning and payment of the Event, as specified on the Banquet Event Order (“Group” or “you” or “your”). For the entire term of your use and occupancy of the contracted function space within the Hotel premises during your Event, you agree to comply with all of the requirements set forth herein and as they may be amended by Hilton Worldwide, Inc. (“Hilton Worldwide”) from time to time in Hilton Worldwide’s sole discretion and posted on this website.
• “Event” refers to the meeting/function at the Hotel as detailed in the Banquet Event Order.
• “Gratuity” refers to a charge based on your Event’s food and beverage total, plus any applicable federal, provincial, municipal, and/or local taxes, which will be added to your account and will be fully distributed to servers, and where applicable, bussers and/or bartenders assigned to the Event.
• “Service charge” refers to a charge based on your Event’s food and beverage total, plus any applicable federal, provincial, municipal, and/or local taxes, which will be added to your account, and that is not a gratuity but rather is the property of the Hotel to cover discretionary and administrative costs of the Event.
• “Labor charge” is the amount indicated on your Banquet Event Order that will be charged to your account if the guaranteed number for any of your organized meetings/functions has less than twenty (20) attendees. This will be used to cover our administrative costs of the Event and will not be distributed as a gratuity to our employees working at your Event.
The arrangements set forth on the Banquet Event Order will serve as the final arrangements for your Event, and are tentatively being held for you on a first option basis until the due date specified in the Banquet Event Order. We may release this first option with no notice required if you do not sign and return the Banquet Event Order to the Hotel by the due date. Should other business opportunities arise such that we are in a position to confirm immediately, you will be advised and given 72 hours, or until the end of your option period (whichever is shorter) to confirm this Agreement on a definite basis by returning a signed copy of the Banquet Event Order to us, or to enable alternate dates to be researched and offered for your use.
ASSIGNMENT OF FUNCTION SPACE:
The function space assigned on the Banquet Event Order (if any) indicates the space that is tentatively being held and will be held on a definite basis upon signing of the Banquet Event Order by both parties. If for any reason the function space tentatively held is not available for your Event, you agree that we may substitute space of appropriate size and comparable quality for your Event. If you plan to print or publish the assigned space, please contact us first to confirm the room assignment.
GUARANTEE OF ANTICIPATED REVENUE:
You must inform us of the exact number of people who will attend your Event by contacting your assigned Catering Manager by the time indicated on your BEO. We will not undertake to serve more than 3% above this guaranteed minimum. If the Event is held, but the Hotel does not realize the Total Minimum Anticipated Revenue from your Event, you agree to pay performance damages to the Hotel. The damages owed will be the amount necessary for the Hotel to receive no less than 100% of the Total Minimum Anticipated Revenue from your Event. You will be charged based on the Event guarantee that you give us or the Total Minimum Anticipated Revenue indicated at the time you signed this Agreement, whichever is greater.
DEPOSIT; PAYMENT TERMS:
We require you to provide the deposit as indicated on the Banquet Event Order. Such deposit is fully refundable up to 14 calendar days in advance of your Event date, after which the deposit is non-refundable. At the time of contracting, you must also provide a valid credit card (unless you have established sufficient credit facilities with Hilton Worldwide or Hotel). All charges or amounts owed by you will be charged to that initial credit card unless you make acceptable alternative payment arrangements (cash, certified check, or other credit card(s)) directly with us prior to the time that the amount becomes due. Your initial credit card will only be charged in the following instances: 1) all estimated Event charges minus the prepaid deposit will be charged 24 hours before the start of your Event; 2) for any additional charges you incur during your Event; and 3) if cancellation damages are assessed. If you have established sufficient credit facilities with Hilton Worldwide or Hotel, payment of all Event charges (other than the deposit) will be due within fourteen (14) days after receipt of the final bill. Undisputed invoiced charges 30 days past due will be considered delinquent and may be charged interest at a rate of 1.5% per month, or the maximum amount allowed by law, whichever is less. In addition to any other legal rights and remedies available to us under applicable laws, we may cancel your Event and the Agreement without liability if advance payments or deposits are not paid on a timely basis.
• Cancellation notice received by Hotel anytime between the date of signing of the Banquet Event Order and eight (8) days in advance of the Event: no cancellation fee is owed.
• As products and services must be purchased and scheduled in advance, cancellation notices received by Hotel seven (7) days or less in advance of the Event will incur a cancellation fee equal to 100% of the charges (including labor, gratuities, service charges, rentals and applicable taxes) for the final guarantee or contracted number of guests, whichever is higher.
You may cancel this Agreement only by giving written notice to us. In the event of a cancellation, our actual damages would be difficult to determine. Therefore, at the same time you send us your written notice of cancellation, you also agree to pay us, as liquidated damages and not a penalty, the following cancellation fee:
You agree to begin your Event promptly at the scheduled start time and to have your guests, invitees and other persons vacate the designated function space at the agreed upon end time. You must reimburse us for any overtime wage payments or other expenses incurred by us because of your failure to comply with these requirements.
There may be increases in prices due to unforeseen changes in market conditions at the time of your Event. We will communicate these increases to you in advance. We will require written confirmation that you agree to pay these increased prices, or at our option we may make reasonable substitutions in menus and you agree to accept such substitutions.
SET UP CHARGES:
Should extensive meeting room set-ups or elaborate staging be required, there will be a set-up charge to cover Hotel costs and additional labor. If equipment is necessary that exceeds Hotel’s inventory, then you agree to pay for the cost of renting this additional equipment.
You agree to pay the Hotel for any food, beverages and other services not expressly set out in the Banquet Event Order but made available on your request during the Event. On or before the arrival date, you will confirm to us in writing the names of those persons who you have authorized to sanction additional spend at the Event over and above the contracted amounts. All our records for additional spend (meeting room rental, audio/visual equipment, flipcharts, F&B functions and other incidentals) will be presented to one of your authorized signatories to be checked and signed on a daily basis.
OUTSIDE FOOD AND BEVERAGE:
Due to applicable law, you may not bring alcoholic beverages into the Hotel for your Event. You must obtain our prior approval before you bring any food or non-alcoholic beverages from outside sources into our Hotel. Service fees will apply to any outside food or beverage served in our function space, regardless whether Hotel labor is required.
Arrangements for delivery of packages should be made through your designated Catering Manager. Receiving, handling and shipping charges may apply. No packages will be accepted by us that require us to pay shipping costs. Deliveries will only be accepted within 48 hours prior to your arrival date, unless otherwise agreed by us in advance. All deliveries must be correctly labeled as per our guidelines. To the fullest extent permitted by applicable law, we shall not be responsible for any damage to or loss of your packages.
DISPLAYS AND DECORATIONS; YOUR PROPERTY:
You may, at your option, purchase insurance to cover your personal property, including decorations, special objects and other property. To the fullest extent permitted by law, we are not responsible for any loss or damage to property belonging to you or your attendees and do not maintain insurance covering it. All displays and/or decorations will be subject to our prior written approval and we reserve the right to contract and charge you for Hotel staff to provide the labor for any installations or removals of such. Hotel can advise you of such potential charges upon request.
CONDUCT OF EVENT:
To the fullest extent permitted by law, you assume full responsibility for any damage done to our premises during your Event but only to the extent such damage is caused by you, your employees, guests, agents, or your contractors, including but not limited to any damage done resulting from the installation, placement, and removal of your displays, equipment, exhibits, or other items. For purposes of clarity, Group shall not be responsible for damage to guest sleeping rooms or public spaces of the Hotel not occupied by Group; in those instances, Hotel shall seek payment for damage from the responsible guest(s). You also agree that your Event will not create any unreasonable disturbance to other guests or meetings, such as excessive noise, smoke or fog machines, dry ice, confetti cannons, candles, incense, or any activity that generates offensive smells. Hotel reserves the right to end your Event immediately if you do not comply with Hotel’s request to reduce or eliminate any such disturbance, in which case you will remain responsible for payment of all charges related to your Event and no refunds will be issued by Hotel.
For the safety of persons and property, no fireworks or incendiary devices may be used indoors at the Hotel. All room sets must be in compliance with the local Fire Department regulations, including those pertaining to occupancy load, mandatory aisles, ceiling clearance and fire exits. Any Event that has vehicle displays, fog machines, fueled cooking demonstrations, lasers, exhibits (including tabletop) or extensive productions with staging and props, must have a certified permit from the local Fire Marshall. All associated fees for permits, floor plan approval and stand-by fire watch are your responsibility and final approved copies of all such permits must be provided to us at least three (3) days prior to your Event. Should you require any rigging services for this Event, all such services must be arranged through the in-house audio-visual provider or the Hotel and you will be responsible for all costs associated therewith.
Should you elect to utilize outside contractors on Hotel premises during your Event, you must notify us at least 10 days in advance of your Event. We may require that your outside contractors sign a hold harmless, indemnification and insurance agreement in the form currently in use at the Hotel for similar outside contractors, and provide proof of insurance in amounts acceptable to us (amounts and types of insurance to be determined in our sole discretion based on the type of services the outside contractor will be providing) before the outside contractor will be allowed to provide services on our Hotel premises. In some instances, Hotel may be required, pursuant to obligations imposed on Hotel by labor unions or collective bargaining agreements, to utilize Hotel labor to provide certain services, and you agree to pay the fees and/or charges associated with these services
If required, in Hotel’s reasonable judgment, in order to maintain adequate security measures in light of the size and/or nature of your Event, you will provide, at your expense, security personnel supplied by a licensed guard or security agency, which agency will be subject to Hotel’s prior approval. Such security personnel may not carry weapons. Your security agency will be required to provide proof of insurance and sign a hold harmless agreement before they will be allowed to provide services on Hotel premises.
The Hotel represents that it contains accessibility features for individuals with disabilities and, where needed, the Hotel will provide equivalent facilitation, auxiliary aids and services, and reasonable modifications to policies and procedures to ensure that our guests have equivalent access to the Hotel’s goods, services, and accommodations. You agree that one week in advance of your Event, you will furnish to us a list of any auxiliary aids needed by your attendees in meeting or function space. Except as required by applicable laws, you agree that you will be responsible for the procurement and payment of all charges for any and all auxiliary aids. We will, upon your request, furnish you with the names of businesses you can contact to obtain these aids. You also agree to be responsible for compliance with applicable laws and regulations regarding public accommodation of persons with disabilities in the set up and conduct of meetings for your Event.
We have the right to review and approve any advertisements or promotional materials in connection with your Event that specifically reference the name of the Hotel or a name or logo owned by a subsidiary of Hilton Worldwide, Inc., including (but not limited to): Hilton, Hilton Hotels & Resorts, Conrad Hotels & Resorts, Waldorf Astoria Hotels & Resorts, Embassy Suites, DoubleTree by Hilton, Hilton Garden Inn, Hampton Inn, Hampton Inn & Suites, Home2 Suites by Hilton, Homewood Suites by Hilton, and Hilton Grand Vacations. You agree that we may share your Event and Planner information with our third party providers who offer support services to groups holding meetings/functions at our Hotel, including audio/visual services, decorators, florists, and others.
Neither party shall be responsible for failure to perform the Agreement if circumstances beyond their control, including, but not limited to; acts of God, terrorist attacks in the city in which Hotel is located, or declared war in the country in which Hotel is located, make it illegal or impossible for the Hotel to hold the Event. The affected party may terminate the Agreement without liability upon providing written notice to the other party within ten (10) days of any such occurrence.
COMPLIANCE WITH LAWS:
Given that Hilton Worldwide is headquartered in the United States of America, hotels operating under the Hilton Worldwide portfolio of brands may not conduct business with any persons or entities that are designated on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals and Other Blocked Persons (including terrorists and narcotics traffickers) (the “OFAC List”), since Hilton Worldwide could derive income, directly or indirectly, from such prohibited business activities. The OFAC List can be found by visiting http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. Accordingly, Group represents and warrants that as of the time of your execution of this Agreement, Group is currently not on the OFAC List. If, prior to the time of the Event that is the subject of this Agreement, Group is added to the OFAC List, then Group shall notify the Hotel immediately. Hotel may cancel this Agreement without any liability if in the Hotel’s sole, reasonable determination, Hotel believes that it is necessary to do so in order to comply with Hotel’s obligations under such applicable laws, rules or regulations.
DISCLAIMER OF LIABILITY:
To the fullest extent permitted by law, Group agrees that in no event will Hotel, Hotel’s Owner or Hilton Worldwide, Inc. be liable for (1) any services or products provided, or to be provided, to Group by any third party supplier or contractor (including, but not limited to, companies that provide meeting registration or management services, florists, decorators, musicians, etc.), or (2) any liability arising out of any agreement between Group and any such third party supplier or contractor that Group hires or retains to provide services to Group’s Event. For the avoidance of doubt, this disclaimer applies even if such third party supplier or contractor (1) was recommended by Hotel to Group, (2) was as a preferred supplier / vendor of the Hotel, and/or (3) pays Hotel commissions or provides Hotel with other incentives based on their services paid for by Group.
The Agreement will be governed by and interpreted pursuant to the laws of the province in which the Hotel is located, excluding any laws regarding the choice or conflict of laws.
The parties agree to use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to the Agreement by presenting the dispute to senior representatives of each party for their discussion and possible resolution in the order set forth herein; provided, however, a dispute relating to infringement of intellectual property rights shall not be subject to this provision. If within thirty (30) calendar days after submission of a disputed matter in accordance with this clause, the parties are unable to agree upon a resolution of such dispute, then either party may give notice to the other party of its intention to pursue arbitration or litigation. This Agreement will be governed by and interpreted pursuant to the local laws of the province in which the Hotel is located. The parties agree that if any dispute arises in any way relating to or arising out of the Agreement, the arbitration or litigation of disputes will take place in the city in which the Hotel is located (or the closest available location).
DISPUTES INVOLVING CREDIT CARD PAYMENTS:
As a condition of Hotel agreeing to accept your credit card as an approved form of payment for all Master Account charges, you agree that any dispute that you may raise with respect to any Master Account charges must be addressed directly between you and us and to work in good faith to resolve any such disputed invoices in a timely manner. Any dispute that cannot be timely resolved to the mutual satisfaction of the parties shall be resolved in accordance with the dispute resolution provisions as contained in this Agreement.
COLLECTION / LEGAL FEES:
The parties agree that if any dispute arises in any way relating to or arising out of the Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its legal fees and costs, plus pre and post judgment interest. If we retain the services of a collection agency or legal representative to assist in the collection of any amounts due to us under the Agreement, you will pay all expenses incurred by us in such collection efforts.
SUCCESSORS AND ASSIGNS:
The commitments made by each party will be binding on their respective successors and assigns. You not may assign the Agreement or any rights hereunder without prior written approval of Hotel. Further, the facilities contracted in the Agreement, including the meeting/function rooms, are for your exclusive use.
AMENDMENTS; ENTIRE AGREEMENT:
If you make changes to the Banquet Event Order, the changes may be accepted or rejected by the Hotel in our sole discretion. The Banquet Event Order, together with these Additional Terms and Conditions, upon signature by both parties on the Banquet Event Order, constitutes the entire agreement between the parties and may not be amended or changed unless done so in writing and signed by the parties; provided, however, that your final guarantee of attendance may be made by phone.
Any provision in the Agreement that is held to be illegal or unenforceable in any jurisdiction shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions, and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. Either party’s failure to enforce any term or condition of this Agreement does not waive that party’s right to enforce that or any other term or condition at any time.
The parties hereto have expressly agreed that this Agreement be drafted in the English language. Les parties aux présentes ont expressément convenu que la présente entente soit rédigée dans la langue anglaise.
Last Revised April 15, 2013