February 20, 2012
GROUP NAME: LX Central Car Club
CONTACT: Mr. Jeff Ray
TITLE: Group contact
Lake St. Louis, Missouri
Check-in: Friday, May 11, 2012 Check-out: Sunday, May 13, 2012
Total Room Nights: 20
*Excludes applicable taxes
Total Contracted Sleeping Room Revenue: $0 (excluding applicable taxes)
: Individual Call In Phone-in to 1-800-579-7937; On-line registration at www.capitolplazahoteltopeka.com;
guests MUST include identification code to be provided by Hotel; Hotel reserves right to change email address and method of reservation.
Reservation Due Date
: Friday, April 20, 2012, after which rooms not reserved will be returned to general inventory.
Guest Room Charges
: Individuals to pay own accounts at departure and to present credit card at check-in to access ancillary services.
Group must produce at least 0% of contracted sleeping room and banquet food and beverage revenue. Any deficit will be billed to the group’s Master Account as liquidated damages for underperformance, plus applicable taxes and service charges. CANCELLATION:
In the event of a cancellation 0 to 90 days prior to arrival, liquidated damages in the amount of zero percent of the contracted sleeping room and banquet Food and Beverage revenue will be due, plus applicable taxes and service charges. In the event of a cancellation 91 or more days prior to arrival, liquidated damages in the amount of eighty percent of the Contracted Sleeping Room Revenue and Agreed Minimum Banquet Food and Beverage Revenue will be due, plus applicable taxes and service charges.
No damages shall be due for a failure of performance occurring due to Acts of God, war, terrorist act, government regulation, riots, disaster, or strikes, any one of which make performance impossible. The Hotel shall have no liability for power disruptions of any kind.
BILLING PROCEDURES AND DEPOSIT SCHEDULE:
Individual guest accounts are payable at check-out by cash or credit card.
INSURANCE AND INDEMNIFICATION:
Hotel and Group each agree to carry and maintain and provide evidence of liability and other insurance in amounts sufficient to provide coverage against any claims arising from any activities arising out of or resulting from the respective obligations pursuant to this contract, amounts not less than $1,000,000.00 per occurrence. Group’s insurance policy shall name the Hotel and John Q. Hammons Hotels Management, LLC as additional insureds. Damage to the Hotel premises by the Group or appointed contractors will be the Group’s responsibility. Group will accept full responsibility for any damages resulting from any action or omission of their individual attendees in conjunction with organized group activities. The Hotel is not responsible for any loss or damage no matter how caused, to any samples, displays, properties, or personal effects brought into the Hotel, and/or for the loss of equipment, exhibits or other materials left in meeting rooms.
The Hotel reserves the right to approve all outside contractors hired for use by the Group in the Hotel, and may have a list of approved contractors and vendors. The Hotel must be notified in advance of any proposed vendor. 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. The Group and/or outside contractors must provide proof of worker’s compensation insurance for employees who will work on Hotel premises and proof of adequate general liability coverage for the Group and/or outside contractors’ activities while on Hotel’s premises, and must comply with all other similar requirements the Hotel deems appropriate, in its sole discretion, regarding use of function space, facilities and use of Hotel services.
The Group shall indemnify, defend and hold harmless the Hotel and its officers, directors, partners, agents, members and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney’s fees (collectively “Claims”) arising out of or caused by the Group’s negligence and/or its members’, agents’, employees’, independent contractors’ or exhibitors’ negligence in connection with the use of the Hotel facilities, except to the extent and percentage attributable to the Hotel’s negligence. The Group shall not have waived or be deemed to have waived, by reason of this paragraph, any defense which it may have with respect to such claims.
In the event of litigation, Kansas law will apply; prevailing party shall recover attorneys’ fees and all litigation costs and expenses, charges and costs incurred, including pre- and post-litigation fees related to collection and judgment enforcement efforts; parties consent to exercise of personal jurisdiction of Kansas courts, which will have exclusive jurisdiction. This contract is the entire agreement between the parties, superseding all prior proposals, negotiations, representations, and other communications, whether oral and written. This agreement may be amended ONLY in writing, signed by representative of Group and Hotel. Group may not assign any benefits associated in any way with this contract without consent of Hotel. No food and beverage of any kind may be brought into Hotel.
Food Policy: No food and/or beverage of any kind will be permitted to be brought into the hotel by the group or any of the group’s guests. All food and beverage items served in public meeting rooms must be supplied and prepared by the Hotel.
Though the group’s obligation for food and beverage revenue is set forth herein, the Hotel will confirm all banquet food and beverage prices no later than 90 days before the commencement of your meeting, and your Group will confirm all menu arrangements in writing no later than 15 days before the commencement of your meeting. If that confirmation is not received by that date, your requested menu selections may not be available. The number of guests in attendance at each function shall be guaranteed by your group on a banquet event order no later than three business days before the commencement of your meeting. If your actual attendance for each function is less than the guaranteed number of guests, you will be liable for the food and beverage charges for 100% of the guaranteed number. If we do not receive a final count for the Group within this timetable, the Group will be charged for the maximum number of people originally scheduled to attend the function.
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. The Hotel reserves the right to control decibel levels in all areas of the Hotel. The Group represents and warrants that all copyright and publishing fees for all compositions, materials, or arrangements performed or played at the meeting have been paid by Group in full and agrees to indemnify, defend and hold harmless Hotel and its management company for any and all claims and damages related to the performance of any copyrighted works.
: (1) Group agrees that Hotel’s Destination Management Department will be permitted to bid on any destination management services which may be part of your program (2) Hotel recommends its in-house A/V department (3) Signs in meeting space must be professionally printed and placement and posting approved by Hotel; nothing may be posted, attached or stuck to walls without permission. Gummed stickers or labels are strictly prohibited. (4) Hotel’s logo, trademark, name, etc., may not be used by Group without prior permission of Hotel. (5) No sound, phone, electrical, lighting, mechanical equipment or rigging can be installed or operated by anyone other than Hotel personnel. Hotel is the exclusive provider of all rigging services, labor, electrical chain hoists and rigging hardware for the Hotel. Additionally, Hotel maintains exclusive control over all connections to house audio, lighting, data and electrical systems. Appropriate charges will apply (6) Mailed conference material should be sent to Hotel no more than 3 days prior to the start of conference.
This contract shall be deemed accepted only after it has been signed by a representative of the group and thereafter signed by a representative of the Hotel. Acceptance may be made by facsimile transmission and this contract may be executed in one or more counterparts, each of which when fully executed, shall be deemed to be an original, and all of which shall be deemed to be the same agreement.
By Group’s authorized representative:
Printed Name: Mr. Jeff Ray
Title: LX Central Car Club
By Hotel’s authorized representative:
Printed Name: Dena Soden
Title: Director of Sales