General Terms & Conditions

For Group Reservations and Events

1. Logos and Marks: Group shall not use the name, trademark or logo or any other proprietary designation of Hotel in any advertising or promotional material without the prior written permission of Hotel. Group shall comply with the terms and conditions required by Hotel for such use. Group represents and warrants that it has obtained all necessary consents, licenses and legal rights to use any names, photos, music, audio or video recordings, art, designs, marks, likenesses, logos, or other content that Group requests Hotel to incorporate into the design and concept for Event and/or use or request to be used at Event. Group hereby agrees to protect, defend, indemnify and hold harmless Hotel from and against any and all claims, losses, liabilities, settlements, expenses and damages, including attorney’s fees and costs which Hotel may suffer relating to the use of such intellectual property. This provision shall survive the performance, termination, or expiration of the Agreement
2. Media: Group may not distribute any photograph, recording or other portrayal of an Event to the media without Hotel’s prior written consent.
3. Ownership of Ideas, Property and Work Product: As an essential element of the consideration for the performance of services by Hotel, Group acknowledges and agrees that any and all proposals, concepts, ideas, designs, plans, menus, specifications, drawings, sketches, renderings, presentations, written narratives, notes, reports, documents, materials, information contained in any of the foregoing, and any and all other work product or property, whether tangible or intangible developed or produced by Hotel or its affiliates, whether or not contributed to by Group or third parties (collectively, “Hotel Property”) will be owned exclusively by Hotel. Nothing in the Agreement will grant Group any right or license to use Hotel Property whether during the term of the Agreement or thereafter except for a one-time only usage at Event under the direction of Hotel. Group will not and will not permit any employee, agent, or third party to copy, reproduce or otherwise utilize any of the Hotel Property in violation of this provision or Hotel’s rights.
4. Privacy: Group will comply with applicable privacy laws in the provision of personally identifiable information of Group attendees to Hotel and shall obtain all necessary permissions to allow Hotel to process such information in payment transmittals.
5. Utilities: All electrical services and utilities must be contracted for through Hotel.
6. City Services: Based on local requirements, Event may require city services such as police or sanitation. If so required, Hotel will advise Group, arrange for such services and Group will be responsible for any fees relating thereto.
7. Safety Considerations: To protect the safety and security of Hotel’s guests, employees and property, Group must obtain Hotel’s prior written approval before bringing any entertainment onto Hotel property and before engaging in any activities outside of the reserved Event rooms (such as registration tables). 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. Group will obtain, at its expense, any required Fire Marshall or other safety approvals and is responsible for any required standby firewatch. Group will pay any expenses incurred by Hotel as a result of such activity, such as resetting smoke or fire alarms or unusual clean-up costs. Hotel reserves the right to end Event immediately if Group does not comply with Hotel’s requests to reduce and eliminate any disturbances or safety hazards, in which case Group will remain responsible for payment of all charges related to Event and no refunds will be issued by Hotel.

8. Non-Smoking: All guest and meeting rooms are non-smoking unless allowed by law and designated as a smoking room or area by Hotel.
9. Americans with Disabilities Act Compliance: Hotel agrees to use commercially reasonable efforts to ensure that Hotel complies with the Americans with Disabilities Act (“ADA”). Group shall identify in advance to Hotel any special needs of its attendees with disability requiring accommodation by Hotel. Group shall be responsible for providing its attendees with special needs with auxiliary aids in connection with any Group events or activities.
10. Service Animals/Pets: Guide dogs are permitted on Hotel property. Any other pets shall not be permitted on Hotel property without prior approval of Hotel in its sole discretion.
11. Outside Contractors: Hotel has entered into agreements with certain third-party vendors to provide goods and services to groups on Hotel property. If Group wishes to engage outside vendors for any aspect of its Event, it must obtain approval from Hotel and contact Hotel to make necessary arrangements. Hotel may require in a form reasonably satisfactory to Hotel an indemnification agreement and proof of adequate insurance. All outside vendors must remove their equipment and any trash that they have created at the conclusion of Event. A $500.00 fee will be placed on the Group’s Master Account should outside vendors not remove their equipment or trash at the conclusion of Event.
12. Deliveries: If Group requires handling of large deliveries or oversized packages or if any item requires special handling (such as forklift, refrigeration, dry ice) or special security precautions, Hotel will use commercially reasonable efforts to make such arrangements for Group. Service charges for such deliveries may apply. Reasonable advance notice to Hotel is required so that accommodations for such deliveries may be made.
13. Storage: Due to limited storage space, Hotel requests prior  notification  of  the  number  of boxes/packages to be sent to Hotel and the expected arrival date. Hotel will store Group’s material up to three (3) days prior to Event. Should any materials be left behind, Hotel will hold them for no longer than three (3) days. All boxes should be labeled with the following information: a) Name of Group b) Event Date c) Hotel Contact’s Name, and d) Number of Boxes in Shipment. Charges for storage or handling of any shipments should be discussed with your Hotel Contact.
14. Internet Access: Basic high-speed internet service is available in all guestrooms and suites. Hotel shall not be responsible for any interruption of, or interference with, internet access and unauthorized access to data transmitted thereby at the Hotel due to circumstances beyond its reasonable control, including without limitation, hardware malfunction, cable cut, the failure of a provider entity or breach of Hotel’s online security software by unauthorized third parties.
15. Guests: Group assumes full responsibility for all actions and omissions of its Guests. For purposes of the Agreement, the term “Guest” will include Group, its directors, officers and employees and any guest, attendee, patron, invitee, vendor, contractor, agent, representative or other person at Event by request of Group, including during set-up and break-down.
16. Removal of Guests: Hotel has the right, but not the obligation, to refuse entry or demand the immediate removal of any person who appears intoxicated or in Hotel’s sole judgment poses a threat to the safety of persons or property. The Group agrees to hold Hotel harmless from any and all claims relating to removal of such Guests.
17. Security and Insurance: Hotel does not provide security, and all personal property left in Event space is at the sole risk of the owner. Group shall advise its attendees that they are solely responsible for safekeeping of their personal property. Hotel reserves the right, but not the obligation, to determine whether security officers will be required for Event. If third-party security services will be required, Hotel may provide a list of companies to Group and Group shall hire security at its own expense, subject to Hotel’s right to approve all third-party vendors. Hotel assumes no duty with respect to the third-party security services and Group agrees to hold Hotel harmless from any and all damage or loss relating to third- party security services. Security personnel are not authorized to carry firearms without Hotel’s prior written approval. Hotel may also require the Group to obtain, maintain and provide evidence of insurance in amounts sufficient to provide coverage for any liabilities which may reasonably arise in connection with the Agreement.
18. Timeliness: Start and end times are set forth in the Agreement. If time is exceeded, additional charges will be incurred. Unless otherwise indicated in the Agreement, set up and strike will occur immediately before and after Event. If Hotel is requested or required to set up or strike at other times, additional charges will be incurred.
19. Rental Basis: All items, other than food and beverage at Event, are supplied on a rental basis and not as a purchase. Group will be charged for any item provided to Group and not returned to Hotel. Exceptions will be made for floral arrangements (but not the containers) and items containing Group’s logos if approved in advance and provided that Group removes the items immediately following the Event and assumes full responsibility thereafter.
20. Changes to Layout: Any changes made to a pre-approved layout must be received three (3) days prior to Event. Otherwise, if feasible, Hotel will use reasonable efforts to accommodate a request for change to layout for an additional fee.
21. Decorations: Group agrees to be financially responsible for any damage done to Event space or any other part of Hotel property by Group, its guests, attendees, invitees, employees, independent contractors or other agents under Group’s control as a result of using any of the following banned decorations items/processes: sand, confetti, glitter, paint, colored water, unenclosed candle flame, fresh flower petals on ballroom carpet, tacks, nails, duct tape or any other items used in hanging that cause permanent damage.
22. Signage: With regard to Group’s Event space, all signs must be professionally printed and their placement and posting must be pre-approved by Hotel. Nothing shall be posted, nailed, screwed or otherwise attached to walls, floors, or other parts of the building or furniture. The Hotel Engineering Department will be happy to assist with hanging banners at a charge (depending on size and difficulty). Twenty-four (24) hour notice is requested.
23. Live Music Non-Disturbance Clause: Group agrees that if there is a music band performing for Event, such band will keep the music volume to an appropriate, non-disturbing level that will be deemed appropriate by Hotel management in its sole and absolute discretion at the beginning of Event and shall be maintained for the duration of Event. Hotel reserves the right to lower or cause to be lowered music levels at any given time during Event in conformance with the City and/or local municipality ordinances. In the event Group’s music band refuses to comply with Hotel’s request to keep noise levels at an appropriate level, Hotel then reserves the right to end Group’s music band performance immediately for the duration of Event and Hotel shall not be responsible for any compensation, reimbursement or damages to Group or its attendees as a result of Group’s music band performance ending earlier than scheduled.
24. Alcohol Consumption: Group shall be responsible for the consumption of alcoholic beverages by Group’s guests and attendees at the Event. The Hotel does not serve alcoholic beverages to minors as required by state law, and Group assumes the duty to ensure observance of this state statute. Group acknowledges that the Hotel may refuse service of alcohol to any guest or attendee and, at its discretion, may discontinue service of alcohol to all guests and attendees in the event of violation of any applicable law.
25. Relocation: Group understands and agrees that if any guest room reservation cannot be accommodated by Hotel for any reason, Hotel will make a reasonable commercial effort to provide accommodation at a comparable hotel located reasonably nearby and offer to relocate the displaced guest(s) at Hotel’s cost and expense back to the first comparable available guest room(s) at the Hotel, and Hotel shall not be liable to Group and/or its guests for any claims, losses or damages based on such relocation.
26. Force Majeure: If acts of God, United States of America or other governmental authorities, natural disasters (e.g. the National Hurricane Center issues a Hurricane Warning for the region of the Hotel), work stoppages, labor strikes or unrest, acts of terrorism, floods, fires, storms, delays in transportation or communications, or any other conditions beyond a party’s reasonable control make it illegal or impossible for such party to perform its obligations under this Agreement, such party may suspend its performance of the terms of this Agreement for the duration of such event and, if such occurrence persists for more than 48 hours, either party may terminate this Agreement upon written notice to the other party without liability. Hotel shall have no liability for power disruptions of any kind which are due to causes outside of Hotel’s control.
27. Indemnification. Group agrees to defend, indemnify, and hold harmless Hotel and its affiliates (including its owner, its management company and their affiliates and each of their officers, directors, partners, agents, members, managers, owners and employees) from and against all claims arising out of or caused by any act or omission of any Event attendees, any employees, agents or representatives of Group, or any contractors hired or engaged by Group in connection with Event. Nothing in this section shall be deemed to waive any statutory limitation of liability available to either party, including innkeeper laws, nor shall it waive or be deemed to have waived, any defense which it may have with respect to the claims. Group assumes full responsibility and shall reimburse Hotel for any damage to Hotel by Group or its employees, guests, agents or contractors, and Hotel reserves the right to deduct the amount of such damages from any advance payments made by the Group. The provisions of this section shall survive any termination or expiration of the Agreement.
28. Liability and Disclaimers: Neither party shall be liable to the other for any indirect, incidental, special or consequential damages arising out of or relating to its performance or failure to perform under the Agreement. Hotel’s liability under the Agreement as to any aspect of the Agreement is limited to the amounts paid by Group under the Agreement for that specific item. Hotel is not responsible for any loss or damage to any displays, personal property, or equipment left in guest or event/meeting rooms. Hotel specifically disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The provisions of this section shall survive any termination or expiration of the Agreement.
29. No Waiver: Hotel’s failure to insist on the strict performance of any term or condition of the Agreement in any instance shall not bind Hotel to any future course of performance and shall not prevent Hotel from insisting upon Group’s future performance.
30. Notices: Any notice required or permitted by the terms of the Agreement must be delivered in writing (i) personal delivery, overnight DHL, FedEx, UPS or other similar courier service or (ii) United States Postal Service as Express Mail or certified mail, postage prepaid, return receipt requested and addressed to the other party at the addresses provided in the Agreement for delivery of such notices, unless such other party has notified such party in writing of its change of address.
31. Assignment: Group may not assign or delegate its rights or duties under the Agreement without Hotel’s prior approval.
32. Severability: If any provision of the Agreement is held to be invalid or unenforceable, that provision will be eliminated or limited to the maximum extent possible, and the remainder of the Agreement shall have full force and effect.
33. Dispute Resolution: The parties will resolve any claim or dispute arising out of or relating to the Agreement through binding arbitration before one arbitrator conducted under the rules of the American Arbitration Association or JAMS in the state and city in which the Hotel is located. The law of the state in which Hotel is located shall be the governing law. The arbitration award shall be enforceable in any state or federal court. The prevailing party in any claim or dispute arising out of or relating to this Agreement shall be entitled to recover, in any such proceeding, in addition to the value of its claims, all court costs and attorney’s fees incurred by such party in enforcing its claims.
34. Applicable Law: This Agreement shall be governed by the laws of the state in which Hotel is located. Each party hereby irrevocably submits to exclusive jurisdiction of (i) the Courts of the state in which Hotel is located (the “State Courts”) (ii) if federal jurisdiction exists, the United States District Court for the district in which Hotel is located(the “Federal Court”). Each party waives, to the fullest extent permitted by law, (A) any objection that it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to the Agreement in the State Courts or the Federal Court, and (B) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
35. WAIVER OF JURY TRIAL: EACH PARTY TO THE AGREEMENT HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THE AGREEMENT OR THE VALIDITY, PROTECTION, INTERPRETATION,   COLLECTION   OR  ENFORCEMENT THEREOF.
36. Signatures: The Agreement will be effective upon execution by both Group and Hotel. Electronically transmitted signatures shall be deemed originals for all purposes relating to this Agreement.
37. Counterparts: The Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.