Terms and Conditions
If you have entered into an agreement with a hotel (the "Hotel") operated by Atrium Hospitality LP or an affiliate thereof (a "Hotel Agreement") and that Hotel Agreement expressly incorporates these Additional Terms and Conditions by reference, then these Additional Terms and Conditions are included in, and constitute a part of the Hotel Agreement. Unless otherwise defined here, terms and phrases defined in the Hotel Agreement 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.
1. GUEST RESERVATION INFORMATION: If you request that Hotel provide you and/or your representative(s) with access to guest reservation information pertaining to guests who have reserved rooms at the Hotel in connection with your Event (each, an "Attendee"), then you certify that you have already obtained, or will obtain, consent from each of your Attendees for the Hotel to provide to you and/or your representative(s) such Attendee's reservation information, and you further agree to reimburse Hotel and Atrium Hospitality LP for any costs, damages, fees or expenses of any kind (including reasonable attorneys' fees) arising from any claim(s) by an Attendee relating to the Hotel's or Atrium Hospitality LP's disclosure of any Attendee's reservation information.
2. CREDIT CARD PAYMENTS: Hotel may utilize a third-party service to receive secure electronic payments and signatures authorizing said payments.
3. DISCLOSURE OF THIRD PARTY PAYMENTS: If the Hotel Agreement provides for the Hotel to pay a commission, rebate, subsidy, housing fee and/or event planner bonus, or provide any free or discounted guest rooms for any person, in connection with your Event (collectively, a "Third Party Payment"), then you (and your Meeting Planner if the Meeting Planner is signing the Hotel Agreement on your behalf) agree to take full responsibility for determining whether further disclosure of the Third Party Payment is required and for making such disclosure if it is required. You (and your Meeting Planner if the Meeting Planner is signing the Agreement on your behalf) further agree to reimburse us for any fees, costs, liabilities or expenses (including reasonable attorneys' fees) that we incur should any person claim that disclosure was insufficient.
4. 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.
5. TAXES: All federal, state and local governmental taxes and charges related to the services rendered by the Hotel in connection with your Event are in addition to the prices for the services, and you agree to pay them in accordance with the payment terms set forth herein.
6. 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.
7. CANCELLATION BY HOTEL: In the event the Event is canceled by the Hotel for reasons other than those rights of termination outlined herein (or by Group due to default by Hotel), the Parties agree that Hotel's liability to group for such cancellation shall be limited as described in this Paragraph. Group shall be entitled to move the Event to a comparable hotel of the same classification and scale, and the Hotel's liability to group shall be limited to the following(subject to the Group's duty to act reasonably to mitigate its damages): (1) the increase, if any, in room rate; (2) the increase, if any, in meeting space rental rates; (3) the increase, if any, in menu prices for comparable menus at contracted banquet food and beverage functions; (4) the cost, if any, of notifying attendees of the change in location, and (5) the cost, if any, of reprinting collateral material. Except asspecifically provided in this Agreement, Hotel shall not be liable to Group for any indirect, incidental, consequential, or special damages.
8. CANCELLATION DUE TO CHANGE IN HOTEL OWNERSHIP OR MANAGEMENT: The Parties agree that Hotel may cancel the Event without liability to the Group if the Hotel undergoes a change in ownership or management company and the new owner or manager does not assume this Agreement.
9. CANCELLATION OF FUTURE CONTRACTED EVENTS BY HOTEL: Should a Group's master account remain unpaid after 60 days, or if advance payments requested are not paid as required, in addition to its other remedies, Group and the Hotel agree that the Hotel, at its sole option and without any liability to Hotel, may elect to cancel any subsequent arrangements agreed upon herein or any agreements separately made by that time between the Group and any Atrium Hospitality LP managed Hotel for additional conventions/meetings to be held in the future, and that in such event the Hotel shall have no liability for such cancellation (no fees, charges, damages or penalties shall be due from the Hotel as a result of the cancellation and no claim shall be brought against the Hotel as a result of the cancellation). Group will be responsible for cancellation damages set forth in each of the event contracts in the event of cancellation by Hotel pursuant to this clause.
10. COMPLIANCE WITH OFAC LAWS: You represent and warrant that you and your Attendees 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/resourcecenter/sanctions/SDN-List/Pages/default.aspx. We may cancel your Event and this Agreement without liability if we reasonably believe it is necessary to do so in order for us to comply with our obligations under such laws or regulations, including if you are added to any restricted party listings as described in this section.
11. ASSIGNMENT: The group may not assign any benefits arising under or associated in any way with the Hotel Agreement without the Hotel's prior written consent. This prohibition includes, without limitation, any reselling of guest rooms or function space without the Hotel's prior written consent.
12. SEVERABILITY; NON-WAIVER: Any provision of the Hotel 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.
13. COMPLIANCE WITH LAWS AND REGULATIONS: Group agrees to conduct the Event in an orderly manner in full compliance with applicable laws, regulations, and Hotel rules. Should Hotel incur any fees or costs associated with Group's compliance with such laws, regulations and rules, Group will be responsible for those fees and costs. Group assumes full responsibility for the conduct of all persons in attendance at the Event and for any damage done to any part of Hotel's premises during any time the premises are reserved for or in use by Group.
14. GOVERNING LAW: The Hotel Agreement 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 Hotel Agreement shall be brought and maintained only in the courts of such state. In the event of litigation arising from or associated with this contract, the parties agree that the prevailing party therein shall recover its attorneys' fees and all litigation expenses, charges and costs incurred therein.
15. 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 this Agreement 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.
16. FUNCTIONS: For your Event, the following will apply:
Overtime: You agree to begin your Event promptly at the scheduled start time and to have your attendees, 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.
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.
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 two million dollars ($2,000,000) per person per occurrence. All such policies (except workers' compensation) shall specifically state Hotel and Atrium Hospitality LP is 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, or upon request of the Group, in order to maintain adequate security measures in light of the size and/or nature of the 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 shall not carry weapons unless prior written approval is granted by Hotel. Security agency will be required to provide proof of insurance, naming the Hotel and Atrium Hospitality LP as additional insureds to the policy, and sign a hold harmless agreement before they will be allowed to provide services on Hotel premises.
Signage: Signs and banners are not allowed in the Hotel's public areas. In regard to the group's meeting space, all signs must be professionally printed and their placement and posting be pre-approved by the Hotel. Nothing shall be posted, nailed, screwed or otherwise attached to walls, floors, or other parts of the building or furniture. Distribution of gummed stickers or labels is strictly prohibited. If Group desires to hang or adhere posters, banners, flip chart paper or other material in meeting rooms, sleeping rooms or public space, your conference service manager must be notified of this request in advance, and will assist Group with the request in order to avoid damage to rooms, walls, etc. Any damage to Hotel as a result of not having prior approval will be billed to Group.
Placement of Tables and Use of Decorations, Props and Staging: Tables must be located in compliance with local Fire Department regulations pertaining to mandatory aisles and fire exits. Group is responsible for ensuring that decorations, props, or staging brought into the Hotel comply with local fire department regulations. Group may not utilize pyrotechnics.
Function Space Assignments: The Hotel reserves the right to assign another room for your function in the event the room originally designated for your function shall be unavailable or inappropriate, in the Hotel's sole opinion.
Music: Loud music and bands are not allowed in any public areas or meeting rooms during daily business hours. Any use of amplifiers or live music must be approved in advance in writing. We reserve the right to control decibel levels in all areas of the Hotel. You represent and warrant that all copyright and publishing fees for all compositions, materials or arrangements performed or played at your event have been paid in full and you agree to indemnify, defend and hold harmless Hotel and Atrium Hospitality LP from and against any and all claims and damages related to the performance of any copyrighted works.
17. California Consumer Protection Act: This section shall apply only if and to the extent the California Consumer Privacy Act of 2018 (the "CCPA") is applicable to the Parties with respect to this Agreement. During the term of this Agreement the Parties agree that Hotel, either directly or through its hotel manager, is acting as a "service provider" for Group under the CCPA, and that: (a) each of the Parties will comply with the CCPA; (b) each of the Parties will, upon the request of the other Party, comply with the other Party's request to enter into any further amendments to this Agreement to the extent reasonably necessary to comply with CCPA; (c) If Hotel, directly or through its hotel manager as agent for Hotel, receives from Group any personal information (as defined in the CCPA) of any "consumer" (as defined in the CCPA) for processing (as defined in the CCPA) on behalf of Group pursuant to this Agreement, Hotel shall (i) be a "service provider" to Group under the CCPA; (ii) not retain, use or disclose the personal information for any purpose other than for the specific purpose of performing services under this Agreement or as otherwise permitted by the CCPA, including for any "Group purpose" (as defined in the CCPA); (iii) not retain, use or disclose the personal information for a "commercial purpose" (as defined in the CCPA) other than providing the services under this Agreement; (iv) not "sell" the personal information (as "sell" is defined in the CCPA); and (v) promptly (and, in any case within seven days of receipt) comply with Group's written instructions associated with responding to an individual's request to exercise their privacy rights with respect to their personal information. Hotel hereby certifies that it understands and is willing to abide by the restrictions in California Civil Code Section 1798.140(w)(2)(A). If Hotel authorizes any unaffiliated subcontractor, service provider, or third party to process personal information of Group, Hotel shall enter into contractual provisions so that such subcontractor, service provider, or third party is a "service provider" as defined in the CCPA and not a "third party" as defined in the CCPA. As described in our privacy policy, as we buy or sell businesses or assets confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of our businesses, customer and site visitor information may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction. In such case, the transferred information may become subject to a different privacy notice.
18. COVID-19 DISCLOSURE: An inherent risk of exposure to COVID-19 or other infectious diseases exists in any public space where other people are present. We encourage Group to establish appropriate protocols for its attendees consistent with CDC guidelines and recommendations, including directing attendees who are feeling ill or otherwise symptomatic to not attend. CDC guidelines and recommendations may be found at cdc.gov.
Last revised June 10, 2024
