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4. BILLING:Please complete the attached Credit Card Authorization Form and return the completed form along with the signed contract. Also,please <br /> note that the credit card received will be pre-authorized(or may be charged)for the amount of all estimated charges up to 3 business days prior to the <br /> arrival or event date. Where necessary,the credit card received will be pre-authorized for 10%over the estimated total charges(including food and <br /> beverage)72 hours prior to the event or arrival date. <br /> 5. CANCELLATION:Client agrees and understands that in the event of a cancellation or lack of full performance by you,Hotel's actual damages would be <br /> difficult to determine. Therefore,you have agreed to pay reasonable liquidated damages to the Hotel for cancellation or lack of performance as <br /> described in this paragraph.Cancellation damages will be calculated as a percentage of the minimum revenue guarantees(plus applicable taxes)as <br /> listed in this paragraph as of the date of cancellation listed below, <br /> Date of Cancellation Percentage owed <br /> 90—30 Days Prior to Meeting/Event 25% <br /> 29—10 Days Prior to Meeting/Event 75% <br /> 10 or less Days Prior to Meeting/Event 100% <br /> If the event Is held,but the Hotel does not realize the total revenue anticipated from your event,you agree to pay performance damages(plus applicable <br /> taxes). The damages owed will be the amount necessary for the Hotel to receive no less than 75%of each minimum revenue guarantee listed in this <br /> paragraph plus applicable taxes. Additionally,all special considerations agreed upon will be negotiable. <br /> 6. OVERTIME:You agree to begin your event promptly at the scheduled start time and agree to have your guests,invitees and other persons vacate the <br /> designated event space at the end time indicated on the final BEO.You further agree to reimburse us for any overtime wage payments or other <br /> expenses incurred by us because of your failure to comply with these regulations. <br /> 7. GRATUITY&SERVICE CHARGE: 22%of the food and beverage total,room rental,audiovisual,labor,and all miscellaneous charges, plus any <br /> applicable state or local tax,will be added to your account as a service charge.This service charge is not a gratuity and is the hotel's property to cover <br /> the event's discretionary costs. <br /> 8. <br /> ree-te-pay ese increased-prises.-Alternative! , <br /> 9. 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 <br /> 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 <br /> agree to indemnify us for any damage caused to any Hotel property as a result of drayage related to your event,whether caused by you,your agents, <br /> employees,contractors,or agents. <br /> 10. OUTSIDE FOOD AND BEVERAGE:You may not bring outside food and/or alcoholic beverages into meeting or public spaces of the hotel. <br /> 11. DISPLAYS AND DECORATIONS;YOUR PROPERTY:We are not responsible for any loss or damage to property belonging to you or your attendees <br /> 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 <br /> and charge for Hotel staff to provide the labor for any installations or removals of such. <br /> 12. PARKING:Complimentary hotel self-parking is available for all meeting attendees. <br /> 13. SECURITY:If required,in our sole judgment,in order to maintain adequate security measures in light of the size and/or nature of your function,you will <br /> provide,at your expense,security personnel supplied by a reputable licensed guard or security agency doing business in the city or county in which we <br /> are located,which agency will be subject to our prior approval.Such security personnel may not carry weapons. <br /> 14. CONDUCT OF EVENT:You agree to comply with all applicable federal,state, and local laws including health and safety codes and federal anti- <br /> terrorism laws and regulations,and our rules,copies of which are available from the Hotel's sales department.You agree to cooperate with Hotel and <br /> any relevant govemmental authority to ensure compliance with such laws.For the safety of persons and property,no fireworks or incendiary devices <br /> may be used indoors at the Hotel.You assume full responsibility for the conduct of all persons in attendance at your event and for any damage done <br /> to any part of our premises during the time of your event.Should you require any rigging services for this event,all such services must be arranged <br /> through the in-house AV provider,or the Hotel and you will be responsible for all costs associated therewith? <br /> 15. INDEMNIFICATION:To the extent permitted by law,you agree to protect,indemnify,defend and hold harmless the Hotel,Hilton,and the Owner,and <br /> AZS their respective employees and agents against all claims,losses or damages to persons or property,governmental charges or fines,and costs(including <br /> arising out of or connected with your function,except those claims arising out of the sale-negligence or willful misconduct <br /> of the Hotel,You represent and warrant that your activities conducted at the Hotel and in connection with the function shall not infringe the patent, <br /> copyright or trademark rights or violate rights of privacy or publicity of any third party. <br /> 16. FIRE SAFETY:All room sets must be In compliance with the local Fire Department regulations pertaining to occupancy load,mandatory aisles and <br /> ceiling clearance and fire exits.Any event,which has vehicle displays,fog machines,fueled cooking demonstrations;laser,exhibits(including tabletop) <br /> or extensive productions with staging and props must have a certified permit from the local Fire Marshall.All associated fees for permits,floor plan <br /> approval and stand-by fire watch are your responsibility and final approved copies must be received at least three days prior to the event. <br /> 17. AUXILIARY AIDS:The Hotel represents,and you acknowledge that the Hotel facilities being rented for you including guest rooms,common areas and <br /> transportation services will be in compliance with our public accommodation requirements under the Americans with Disabilities Act.You agree that <br /> you will furnish to us a list of any auxiliary aids needed by your attendees in meeting or function space at least two weeks prior to your event.You agree <br /> to pay all charges associated with the provision of such aids by the Hotel. <br /> 18. DELIVERIES:Arrangements for delivery of packages should be made through the catering office.Receiving,handling,and shipping charges may <br /> apply.No COD packages will be accepted.The Hotel policies on safe package handling are based on advice from the United States Postal Service <br /> (USPS)and the federal Centers for Disease Control and Prevention(CDC). <br /> 19. PROMOTIONAL CONSIDERATIONS:We have the right to review and approve any advertisements or promotional materials in connection with your <br /> function which specifically reference the Hilton name or logo, Hilton does not offer or accept any terms or conditions which provide commissions, <br /> rebates,Hilton Honors points,or other forms of compensation related to revenue for food,beverage,room,or equipment rental. <br /> 20. COMPLIANCE WITH LAWS.You agree to comply with all applicable federal,state,and local laws,including health and safety codes and federal anti- <br /> terrorism laws and regulations.You agree to cooperate with Hotel and any relevant governmental authority to ensure compliance with such laws.You <br /> represent,warrant and agree that you are currently,and at the time of the event which is the subject of this contract will be,in compliance with all <br /> applicable local,slate,federal regulations or laws,including but not limited to,all provisions of the Patriot Act and regulations or requests of the U.S. <br /> Department of Homeland Security and the Office of Foreign Assets Control in the U.S.Department of the Treasury. <br /> 2 <br /> HI-IC Catering Sales Event Agreement-2005[72222,1;OOCj <br />