Standalone BEO Terms and Conditions
(For Use with Standalone BEO Only)
If you have entered into a Standalone Banquet Event Order with a hotel (the "Hotel") operated by Atrium Hospitality LP or an affiliate thereof (a ""BEO") and that BEO expressly incorporates these Additional Terms and Conditions by reference, then these Additional Terms and Conditions are included in, and constitute a part of the BEO. Unless otherwise defined here, terms and phrases defined in the BEO have the same definition in these Additional Terms and Conditions. For the entire term of your use and occupancy of the hotel premises during your Event, you shall comply with all of the requirements set forth herein.
ADDITIONAL DEFINITIONS:
- "Event" refers to the meeting/function at the Hotel as detailed in the BEO.
- "Service charge" is in the amount specified in the BEO based on your Event's charges, which will, together with any applicable state and/or local taxes, be added to your account. The service charge is not a gratuity but rather is the property of the Hotel to cover discretionary and administrative costs of the Event.
- "Supplemental Surcharges" are charges added to your Master Account bill, together with any applicable state and/or local taxes, to pay for costs incurred by the Hotel in connection with additional equipment, administration, and staffing necessary for the Event. These surcharges will be solely retained by the Hotel and are not distributed to hourly or tipped employees. Examples include, but are not limited to, early sets, late end times, outdoor venues, resets, refreshes, cleaning and other services that require staffing above normal levels and/or services outside of the normal scope contracted and paid products and services.
OPTION DATE: The arrangements set forth on the BEO will serve as the final arrangements for your Event and are being held for you on a first option basis until the due date specified in the BEO. We may release this first option with no notice required if you do not sign and return the BEO 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 the BEO on a definite basis by returning a signed copy of the BEO 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 BEO (if any) indicates the space that is tentatively being held and will be held on a definite basis upon signing of the BEO 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 AGREED 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 Agreed Revenue from your Event, you agree to pay performance damages to the Hotel. The damages owed will be the amount based on the Event guarantee that you give us or the Total Minimum Agreed Revenue indicated at the time you signed the BEO, whichever is greater.
DEPOSIT; PAYMENT TERMS: We require you to provide the deposit as indicated on the BEO. 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 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 Hotel, payment of all Event charges (other than the deposit) will be due within fourteen (14) days after receipt of the final bill. 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 BEO without liability if advance payments or deposits are not paid on a timely basis. Hotel may utilize a third-party service to receive secure electronic payments and signatures authorizing said payments.
FULL CANCELLATION: You may cancel the BEO only by giving written notice to us. In the event of a cancellation, our actual damages would be difficult to determine and below is the parties best estimate of Hotel's damages. 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 (and as the parties' current best estimate of the Hotel's actual damages), the following cancellation fee:
- If cancellation notice is received by Hotel anytime between the date of signing of the BEO and fourteen (14) days in advance of the Event, no cancellation fee is owed and the deposit will be refunded.
- As other opportunities may have been lost and the Hotel would likely not have adequate time to replace the Event, cancellation notice received by Hotel anytime between thirteen (13) and eight (8) days in advance of the Event will incur a cancellation fee equal to the amount of the deposit paid to Hotel by Group, which deposit will be retained by Hotel in payment of the cancellation fee.
- As 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, service charges, rentals and applicable taxes) for the final guarantee or the Total Minimum Agreed Revenue, whichever is higher.
OVERTIME: 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.
PRICE INCREASES: 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.
ADDITIONAL SPEND: You agree to pay the Hotel for any food, beverages and other services not expressly set out in the BEO 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.
DELIVERIES: 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.
FIRE SAFETY: 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.
OUTSIDE CONTRACTORS: The Hotel offers all services necessary for a successful meeting. However, if Group finds it necessary to use outside services, any companies, firms, agencies, individuals and groups hired by or on behalf of Group shall be subject to prior written approval of the Hotel, and Hotel may have a list of approved contractors. Upon prior reasonable notice to the Hotel from Group, Hotel shall cooperate with such contractors and provide them with facilities at the premises to the extent that the use and occupancy of the facilities by the contractor does not interfere with the use and enjoyment of the Hotel premises by employees and other guests and patrons of the Hotel. Group's contracts with its contractors will all specify that contractor will indemnify, defend and hold Hotel harmless from and against any and all damages or liabilities which may arise from such contractors' activities at the Hotel. Any contracted company working at Hotel is required to carry and maintain workers' compensation insurance in statutory amounts; comprehensive general public liability insurance covering automobile, personal injury and property damage with single limits of not less than one million dollars ($1,000,000) per person per occurrence. All such policies (except workers' compensation) shall specifically state Hotel and Atrium Hospitality LP ("Hotel Parties") are named as an additional insured. Such insurance shall be primary and not contributory with any insurance maintained by the Hotel Parties. The Hotel reserves the right to advance approval of all specifications, including electrical requirements, from all outside contractors, and to charge a fee for outside services brought into the Hotel. Group bears all responsibility for the payment of any charges incurred at the Hotel by its contractors.
SECURITY: 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.
AUXILIARY AIDS: 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 the Americans with Disabilities Act in the set up and conduct of meetings for your Event.
HOTEL LOGO: Group shall not use the name, trademark or logo or any other proprietary designation of the hotel in any advertising or promotional material without the prior written permission of the Hotel (except that Group may use the name and address of the hotel as reasonably required to identify the Event location and to advice the Group's attendees concerning reservations and charges). Hotel has the right to review and approve in advance any advertisements or promotional materials in connection with Group function which specifically refers to the Hotel or uses its name or logo.
FORCE MAJEURE: No damages from either Party shall be due for a failure of performance due to Acts of God, war, terrorist act, riots, disaster or strikes, any one of which make performance impossible. The Hotel shall have no liability for power disruptions of any kind.
COMPLIANCE WITH LAWS: You represent and warrant that you are currently not 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"), nor on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions. If you are added to any such restricted party list prior to your arrival date, then you must notify us immediately. The OFAC List can be found by visiting http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. We may cancel your Event and the BEO without liability if we reasonably believe it is necessary to do so in order for us to comply with our obligations under such applicable laws or regulations, including if you are added to any restricted party listings as described in this section.
DISCLAIMER OF LIABILITY: To the fullest extent permitted by law, Group agrees that in no event will Hotel, Hotel's Owner or Atrium Hospitality LP 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.
GOVERNING LAW: The BEO is made and to be performed in the city, county and state in which the Hotel is located and shall be governed by and construed in accordance with city, county and state law. Group consents to the exercise of personal jurisdiction over it by the courts of the State in which the Hotel is located and agrees that all litigation regarding the BEO shall be brought and maintained only in the courts of such state
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.
FAILURE TO PAY: Should the Hotel, in its sole discretion, deem collection action necessary in regard to any amounts payable by Group under this Agreement, all costs associated with that collection action, including reasonable attorney's fees, shall be payable by Group.
ASSIGNMENT: Group may not assign any benefits arising under or associated in any way with the BEO without the Hotel's prior written consent.
AMENDMENTS; ENTIRE AGREEMENT: If you make changes to the BEO, the changes may be accepted or rejected by the Hotel in our sole discretion. The BEO, together with these Additional Terms and Conditions, upon signature by both parties on the BEO, 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.
EQUAL OPPORTUNITY AND EXECUTIVE ORDERS: Equal Opportunity Clauses required by Executive Order 11246, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (formerly 2012), Section 503 of the Rehabilitation Act of 1973, as amended, Executive Order 13201, as amended, and their implementing regulations at 41 CFR Chapter 60 (including 41 CFR 60-1.4, 41 CFR60-250.5, 41 CFR60-300.5 and 41 CFR 60-741.5 respectively), Executive Order 13465 (73 FR 67704) paragraphs: (a) 1-4 of the Contract Clause Section of Executive Order 13496 and any valid notice requirements under Executive Order 13496 (29 CFR part 471.2(d)) are part of the BEO and binding upon the Parties, including any contractor, subcontractor, vendor, or supplier) unless exempted by rules, regulation or orders of the Secretary of Labor. The Parties further agree to adhere to all federal, state and local nondiscrimination laws regarding equal opportunity for all persons without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran's status.
Last Revised October 14, 2020