Wednesday, April 10, 2019

Hotel Contract for Food and Beverage

Food and Beverage

7.1       The Group agrees to provide a minimum of $XXXX in food and beverage inclusive of service charges and taxes.  Should the Group’s food and beverage revenue fall below this amount, the Group shall be liable for the difference between the minimum food and beverage revenue and the actualized food and beverage revenue multiplied by 40% (minimum food and beverage revenue minus actualized food and beverage revenue multiplied by 40%).  This amount will be placed on the Group’s Master Account.

            The parties intend to liquidate damages in the event the Group fails to meet the food and beverage minimum set forth in this section.  Therefore, the parties agree that (a) the above formula is a reasonable estimate of the Hotel’s damage in the event the food and beverage minimum set forth in this section is not met and (b) the liquidated damages set forth in this section do not constitute a penalty.

7.2           The Hotel agrees to contact The Group to review the F&B commitment on or before:

Day, Month, Year
30 days after (YEAR) conference
Day, Month, Year      
30 days after (YEAR) conference
Day, Month, Year
30 days after (YEAR) conference

Day, Month, Year
6 months prior to conference

7.3       Based on such review, if the parties mutually agree to any adjustment to the F&B commitment, as well as corresponding changes to the conference’s meeting and function space block, such changes to this Agreement shall be confirmed in writing and signed by both parties at these times without penalty.

7.4       Price Increases: The Hotel guarantees that food and beverage prices will not increase by more than three percent (3%) annually from the date of this Agreement as outlined in the Food and Beverage Price List attached as Exhibit A.  The food and beverage prices applicable to the Meeting (“F&B Prices”) will be confirmed by the Hotel at least twelve (12) months (Month/Date/Year) prior to the first Meeting Date.  F&B prices shall apply to all food and beverage charges incurred by the Group regardless of menu price increases.

7.5       All Group affiliated food and beverage functions (including third party) held at the Hotel during the dates of the conference shall be credited towards Group’s food and beverage dollar requirement.

7.6       The Hotel shall be prepared to serve at least five percent (5%) over the F&B commitment on each BEO. 

7.7       The current sales tax is X percent and the service charge is X percent and (is/is not) taxable by law.

7.8       Wait staff at all meal functions:  there will be at least 1 wait person for every:
                        Sit-Down or Plated Meal                         Buffet Meal
                            25 guest at breakfast                       40 guests at breakfast
                            20 guests at lunch                           20 guests at lunch/dinner
                            20 guests at dinner

            The Hotel shall charge no extra service or labor charges for the service ratios listed above.

7.9       Service of Alcoholic Beverages: If alcoholic beverages are to be sold or served on the Hotel premises (or elsewhere under the Hotel’s alcoholic beverage license), other than in the hospitality suites, (which shall be the responsibility of the party engaging the suites) such beverages shall be dispensed only by the Hotel’s designated personnel.

7.10     License Requirements: The Hotel’s alcoholic beverage license requires that the Hotel shall: (i) request proper identification (photo ID) of any person of questionable age and refuse alcoholic beverage service if the person is either under age or proper identification cannot be produced, and (ii) refuse alcoholic beverage service to any person who, in the Hotel’s judgment, appears intoxicated; and (ii) instruct its personnel to avoid encouraging patrons to consume alcoholic beverages (commonly referred to as “over pouring”).

7.11     Training: The Hotel represents and warrants that all Hotel personnel who dispense or serve alcohol have undergone training to prevent any incidents that could result in claims of liquor liability.

7.12     Adherence to Law: Hotel shall adhere to all federal and state laws regulating the sale and servicing of alcoholic beverage.

7.13     Indemnification: Notwithstanding any other provision of this Agreement, the Hotel shall defend, indemnify and hold harmless IEEE and the Group, their directors, officers, employees and agents, and each of them individually, from and against any and all losses, damages, claims, expenses and liabilities of any kind, including costs of defense thereof, caused by or arising from the Hotel's sale or servicing of alcoholic beverages.  The terms of this provision shall survive the termination or expiration of this Agreement.

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