Event Order Terms| Kimpton Hotels + Restaurants

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Hotel Event Order

Additional Terms + Conditions

Thank you for selecting the Hotel for your Event. We look forward to hosting your group and to working together to ensure a successful event. By signing the Event Order, you agree to comply with the terms and conditions set forth in the Event Order and these Hotel Event Order – Additional Terms + Conditions, which they may be amended from time to time by the Hotel in its sole discretion.   All such changes shall be posted on this website and shall be effective once posted.

Food & Beverage & Room Rental Commitments

Based on the estimated number of guests set forth in the Event Order, you will be required to spend the minimum amount of food and beverage as set forth in the Event Order (“Minimum Food & Beverage Revenue Commitment”). This Minimum Food & Beverage Revenue Commitment does not include taxes, fees, gratuity, room rental fees, labor, audio/visual charges or any other miscellaneous charges incurred for your event. In the event of increased costs or unavailability of commodities or menu items, the Hotel may, at its option, make reasonable substitutions in menu items. If applicable, we shall hold your meeting room/event space over the contracted dates for the fee indicated in the Event Order (“Meeting Room Revenue Commitment”).

Should you require meeting room/event space and/or food and beverage over and above what has been committed; the hotel reserves the right to charge you for such additional space and/or food and beverage at a rate determined in Hotel’s sole discretion.

You shall also be responsible for all Additional Fees set out in the Event Order and shall be solely and fully responsible for informing your attendees of any Additional Fees. Further, under no circumstances may you transfer or resell your rights under this Agreement to any third party including but not limited to any reseller or broker.

Guarantee of Final Attendance

At least three business days before your Event, you must inform us of the final number of attendees who will attend your Event by contacting your Catering Manager by phone or email. We will not undertake to serve more than 5% above this guaranteed minimum.

Assignment of Meeting Room/Event Space

The Hotel reserves the right to assign another room for your Event in the event the room originally designated for your Evens shall be unavailable or inappropriate, in the Hotel’s sole opinion. If you plan to print or publish the assigned space, please contact us first to confirm the room assignment.

Music Licensing

We are not responsible for obtaining licenses that may be required by your use of music during any part of your Event. You hereby promise to obtain al such required license and to indemnify, defend and hold harmless Hotel for any claims or liabilities in this regard.

Compliance With Laws

You agree 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 your compliance with such laws, regulations or rules, then you will be responsible for those fees. You assume full responsibility for the conduct of all persons at the event and for any damage done to any part of the Hotel’s premises during any time the premises is under your control.

Outside Food and Beverage

Due to licensing requirements and quality control issues, all food and beverage served at the Hotel must be supplied, served and prepared by us. No alcohol service shall be provided to guests who are not of legal drinking age. In the event the Hotel does grant written permission for food or beverage to be brought onto the premises, the Hotel does so with the express understanding that it makes no warranty, guarantee or representation whatsoever concerning such food and/or beverage and that the Hotel pay charge an additional administrative fee and/or gratuity for any such food and/or beverage. In addition, the Hotel does require a copy of the outside vendor’s most current food handler or insurance certificate. You hereby agree to indemnify and hold the Hotel harmless from any injury arising out of or in connection with any food and beverage brought to the Event whether with or without the consent of the Hotel. Notwithstanding the foregoing, under no circumstances whatsoever shall you or any attendee of the Event be permitted to bring alcoholic beverages of any kind onto the Hotel premises.

Deliveries

Arrangements for delivery of packages should be made through your designated Catering Manager.  Receiving, handling and shipping charges may apply.  You must prepay for all packages sent to the Hotel. To the fullest extent permitted by applicable law, we shall not be responsible for any damage to or loss of your packages.

Security

If required, in Hotel’s sole 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 reputable licensed guard or security agency doing business in the city or county in which Hotel is located, which agency will be subject to Hotel’s prior approval.  Such security personnel shall not carry weapons and are to coordinate with Hotel’s regular security force and will concern themselves only with access to the space reserved hereunder, restricting their presence to those areas of the Hotel premises.

Billing

Unless direct billing has been established for charges to be paid by you, your total estimated charges must be paid in advance at least 72 hours prior to your event/arrival. The outstanding master account balance must be paid no later than 10 days from the date of billing. You agree that you are responsible for the following items, as applicable, including but not limited to: taxes, gratuity, administrative fees, food and beverage charges, attrition charges, additional fees, meeting space rental charges and cancellation charges. Moreover, all third party charges for services and/or supplies not directly supplied by the Hotel will be billed to the Master Account whether they have been arranged for by the Hotel or directly by you. A handling fee in the amount of ten percent (10%) of all third party charges will be assessed if placed on the Master Account. You further agree that all charges associated with use of the grounds, function space, facilities and services of the Hotel by its vendors shall be posted to the Master Account. All master account charges not paid within 10 days of the billing date will bear interest at the lower of the rate of 1.5% per month, compounded monthly, or the highest rate permissible by law. Should the Hotel, in its sole discretion, deem collection action necessary in regard to outstanding balances hereunder, all costs associated with that collection action, including attorney’s fees, shall be posted to the Master Account.

Deposits

Upon confirmation of your online booking, a deposit as outlined on the Event Order will be charged. The remaining contracted payments required under this Agreement may be paid in the form of cash, company check, or a valid major credit card. Unless otherwise indicated, deposits will be applied to the cancellation fee should you cancel, or to attrition amounts owed, if any, for failing to meet your Minimum Food & Beverage Revenue Commitment. In the event you choose to use a major credit card for payment, we will obtain authorization for the remaining amount owed. This authorization will be held as a guarantee and applied to the cancellation fee should you cancel, or to attrition amounts owed, if any, for failing to meet your Minimum Food & Beverage Revenue Commitment.

Revenue Commitment

Because of the Hotel's capacity to prepare and serve food, the parties recognize that it is exceptionally unlikely that the Hotel would be able to mitigate any losses caused by underutilization (attrition) or cancellation of the program. The parties agree that prospectively calculating the damages Hotel would suffer as the result of cancellation or attrition would be exceptionally difficult. The amounts due for underutilization or cancellation set forth herein are intended as liquidated damages.

Attrition + Underutilization Policy

Should your event generate less food and beverage revenue (excluding taxes, administrative fee, gratuity, labor or audio/visual charges, room rental fee or any other miscellaneous charges incurred for your event) than the Minimum Food & Beverage Revenue Commitment, a charge in the amount of 75% of any deficit (plus taxes, administrative fee and gratuity) will be charged to you.

Cancellation Charges

In the event you cancel prior to arrival, you agree to pay liquidated damages on the Food & Beverage Revenue Commitment and Meeting Room Revenue Commitment based on the scale below plus applicable taxes and fees. All cancellation charges shall be due and payable at the time of cancellation.

  • Time Period: 10 days or less prior to the Group scheduled arrival date
  • Percentage of Minimum Anticipated Food and Beverage Revenue Due: 100%
  • Time Period: From 11 - 30 days
  • Percentage of Minimum Anticipated Food and Beverage Revenue Due: 85%

Outside Contractors

The Hotel offers all services necessary for a successful meeting but if you find it necessary to use outside services, any contractors, subcontractors, vendors, individuals and groups (“Contractors”) hired by or on behalf of you shall be subject to our prior approval. You will be fully responsible for the actions of any Contractor. The Hotel reserves the right to charge a fee for outside services brought into the Hotel. You shall have written contracts with its Contractors which shall specify that Contractor and you will indemnify and hold the Hotel harmless from any and all damages or liabilities which may arise by such Contractors or through their use of the Hotel premises. Moreover, all outside Contractors shall maintain and provide proof prior to commencement of work or services at the Hotel of all legally required worker’s compensation insurance for employees who will work on Hotel premises and at least One Million Dollars ($1,000,000) of general liability insurance coverage naming Hotel and Kimpton Hotel & Restaurant Group, LLC as additional insureds. Any connection to the ceiling or supporting structure of the Hotel must have approval from the Hotel prior to installation. Additionally, Hotel maintains exclusive control over all connections to house audio, lighting, and electrical systems, and exclusive control over all signs, banners, decorations, or balloon drops suspended in the Hotel. Specific guidelines will be enforced.

Indemnification

To the extent permitted by law, each party hereby agrees to protect, indemnify, defend and hold harmless the other and their respective managers, officers, members, partners, affiliates owners, shareholders, beneficiaries, and their respective employees, agents and contractors (collectively, “Representatives”) against all third party claim/losses, liabilities, damages, expenses and costs arising out of or connected with the negligence or intentional misconduct of such party or its Representatives except to the extent and percentage of the negligence of the other party or its Representatives. Neither party shall waive or be deemed to have waived by reason of this paragraph, any defense which it may have with respect to such claims.

Force Majeure

No damages shall be due for a failure of performance by either party occurring due to Acts of God, war, government regulation, terrorist act, riots, disaster, or strikes, any one of which make performance impossible. In addition, Hotel shall not be liable for any utility disruptions.

Arbitration

Any controversy, claim or dispute arising out of or relating to this Agreement shall be settled through binding arbitration conducted in accordance with the rules of JAMS Endispute (JAMS) (as modified by this section) in the city and state in which Hotel is located, pursuant to the laws of that state, for determination by a single arbitrator selected by the parties. If arbitration is initiated, the initiating party shall give written notice to the other requesting arbitration and simultaneously notifying JAMS of such request and requesting that JAMS provide a list of appropriate skilled arbitrators. Upon receipt of such list, the parties shall select an arbitrator within 10 days. In the event the parties cannot agree on an arbitrator within such 10-day period, each party shall choose one arbitrator within 10 days following expiration of the initial 10-day period and those arbitrators shall agree upon a single arbitrator within 10 days of the date of their designation by the parties. If either party declines or fails to participate in the arbitrator selection process, the other party may select the arbitrator itself. The arbitrator shall be instructed to permit such limited discovery as he/she deems appropriate, but shall be required to hear the matter within 90 days of the arbitrator’s selection and shall issue a decision 30 days thereafter. In connection with any such arbitration or court proceeding to enforce an award, the prevailing party shall recover its attorneys’ fees and costs. Any decision or award rendered by the arbitration referenced above may be entered in any court in the state in which the Hotel is located having jurisdiction thereof or in any court having jurisdiction over the party against whom the judgment is sought to be enforced. In the event that there is no JAMS office located within fifty (50) miles of the Hotel, any controversy, claim or dispute arising out of this Agreement shall be settled through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA) (as modified by this section) and the parties shall follow the same procedures set forth above except through AAA and not JAMS.

Miscellaneous Provisions

This contract is the entire agreement between the parties, superseding all prior proposals and communications both oral and written, and may only be supplemented or changed in writing, signed by you and the Hotel. No representative of the Hotel has been or is authorized to make any representation which varies from the express terms of this contract, unless amended in writing. In the event of arbitration or litigation arising from or associated with this contract, the parties agree that the prevailing party therein shall recover its attorneys' fees and costs incurred therein. This Agreement may not be assigned by you in whole or in part without our prior written consent. Any indemnification obligations in this Agreement shall survive its termination. You acknowledge that Hotel is managed by Kimpton as agent for and on behalf of Hotel, and in no event will Kimpton or its affiliates have any liability to you or your guests in relation to claims or disputes related to or arising out of this Agreement or the Event. This Agreement shall be governed by and construed in accordance with California law. By executing this agreement, you consent to the exercise of personal jurisdiction over it by the courts of the city and state where the Hotel is located.