Hotel Contract Obligations of the Hotel

Obligations of the Hotel

15.1     Quiet Enjoyment: It is agreed that the demeanor of this meeting is quiet and conversational.  Loud noises from adjoining or adjacent rooms are not acceptable and the Hotel assumes the responsibility to ensure that the meeting will not be disturbed.  Unless identified specifically in the Hotel plans (Exhibit C) or in this Agreement, contracted meeting room spaces has no sight obstructions, and has suitable lighting and sight lines for audiovisual presentations.

15.2     The Hotel shall be responsible for ensuring that Group’s use of all function space is free from outside distractions, disturbances and interruptions.  Walls shall be soundproof, but if they are not, the Hotel shall avoid assigning to any function room(s) adjacent to or across from Group’s function rooms any group which may generate noise sufficient to detract from Group’s functions.  If necessary, the Hotel shall leave an empty room between Group and such other group as a buffer to eliminate the risk of disturbance. 

15.3     The Hotel represents and warrants that there will be no overlapping meetings, conventions, special events, or other attractions planned to be held in the Hotel during the Meeting that could affect the ordinary use of the meeting rooms or other facilities to be used by the Group and its attendees.

15.4     The Hotel acknowledges and agrees that it shall not, except with prior written consent from the Group, cancel, limit or change the Meeting dates or the rooms or space provided for herein for the purpose of accepting other business.

15.5     Emergencies: In the event that Hotel becomes aware of a medical or other emergency

pertaining to Group’s attendee(s) who are located in Hotel, then Hotel shall immediately notify Group of the name of such attendee and the nature of the emergency.

15.6     Prompt Check-In and Check-Out: The Hotel represents and warrants that it shall provide

adequate staff to promptly handle check-ins and check-outs during the Meeting including but not limited to front desk, bellhops, doormen, valet parking attendants, etc.

15.7     Compliance with Applicable Laws: Hotel represents that it shall comply during the terms of the meeting period with all federal, state and local fire, safety and building codes. The Hotel shall provide a copy of the most recent fire inspection and health department inspection reports upon request by Group.  The Hotel will provide a copy of the crisis/evacuation plan to Group upon arrival at the Hotel.

15.8     Hotel warrants that it shall maintain during the Meeting Period all appropriate measures to protect the person or property of Organization, its employees and meeting attendees from loss or injury.  At all times during the Meeting Period, Hotel shall have on its premises at least one (1) person trained in cardio-pulmonary resuscitation (CPR) and at least one (1) automated external defibrillator in good working order for use in cardiac and other emergencies.

15.9     Americans with Disabilities Act Compliance: The Hotel shall be responsible for complying with the public accommodations requirements of the Americans with Disabilities Act (“ADA”) not otherwise allocated to the Group in this Agreement, including: (i) the “readily achievable” removal of physical barriers to access to the meeting rooms (e.g., speakers’ platform and public address systems), sleeping rooms, and common areas (e.g., restaurants, restrooms, and public telephones); (ii) the provision of auxiliary aids and services where necessary to ensure that no disabled individual is treated differently by the Hotel than other individuals (e.g., Braille room service menus or reader); and (iii) the modification of the Hotel’s policies, practices and procedures applicable to all guests and/or Group as necessary to provide goods and services to disabled individuals (e.g., emergency procedures and policy of holding accessible rooms for hearing and mobility impaired open for disabled until all remaining rooms are occupied).

                        (a) Compliance by the Group: The Group shall be responsible for complying with the following public accommodations requirements of ADA: (i) the “readily achievable” removal of physical barriers within the meeting rooms utilized by the Group which the GROUP would otherwise create (e.g., set-up of exhibits in an accessible manner) and not controlled or mandated by the Hotel; (ii) the provision of auxiliary aids and services where necessary to ensure effective communication of the Group’s program to disabled participants (e.g., Braille or enlarged print handouts, interpreter or simultaneous videotext display); and (iii) the modification of the Group’s policies, practices and procedures applicable to participants as required to enable disabled individuals to participate equally in the Meeting.

(b) Mutual Cooperation in Identifying Special Needs:  The Group shall attempt to identify in advance any special needs of disabled registrants, faculty and guests requiring accommodation by the Hotel, and will notify the Hotel of such needs for accommodation as soon as they are identified by the Group. Whenever possible, the Group shall copy the Hotel on correspondence with attendees who indicate special needs as covered by ADA. The Hotel shall notify the Group of requests for accommodation received other than through the Group to facilitate identification by the Group of its own accommodation obligations or needs as required by ADA.

If the meeting is held outside of the U.S. please use the following clause in lieu of 15.7:

The Hotel will comply with all applicable governmental laws, rules and regulations that govern its performance under this Agreement. With respect to guests with disabilities, the Hotel agrees to provide reasonable auxiliary aids and services whenever such services are required for a conference held at the Hotel. The Hotel has made every effort to make the Hotel premises accessible by removal of barriers wherever reasonable. Hotel is committed to providing all of its Hotel guests with the best possible guest experience and has provided its employees with training and guidance in order to enhance its employees’ understanding of the services required to accommodate guests with disabilities. Hotel agrees to hold harmless, indemnify and defend Group in the event that any legal action, claim, demand suit or proceeding is filed against Group alleging that the Hotel facilities or services provided by Hotel failed to comply with applicable governmental laws, rules and regulations.