HILTON MASTER HYBRID EVENT AGREEMENT – ADDITIONAL TERMS AND CONDITIONS
These Additional Terms and Conditions supplement the Hilton Master Hybrid Event Agreement and the applicable Hybrid Event Exhibit. All capitalized terms as used herein that are not specifically defined shall have the meaning ascribed to them in the Hilton Master Hybrid Event Agreement.
MEETINGS/FUNCTIONS: For Group’s organized food and beverage functions and meetings, the following will apply:
Overtime; End Time: Group agrees to begin Group’s functions and meetings promptly at the scheduled start time(s) and to have Group’s guests, invitees and other persons vacate the designated function space at the agreed upon end time(s). Hotel may add charges to the Group’s final invoice, and Group agrees to pay such charges, for the actual costs and expenses incurred by Hotel related to Group’s failure to completely vacate the meeting and function spaces by the indicated end time(s).
Set Up Charges: Upon receipt and review of Group’s Hybrid Event requirements, should Hotel reasonably determine that extensive meeting room set-ups or elaborate staging will be required, Hotel will advise Group of the potential set-up charges to cover Hotel costs and additional labor. If equipment is necessary that exceeds Hotel’s inventory, then Group agrees to pay for the cost of renting this additional equipment.
Additional Spend: Group agrees to pay the Hotel for any food, beverages and other services not expressly set out in the Hybrid Event Exhibit but provided on Group’s request during the Hybrid Event. On or before the arrival date, Group will confirm to Hotel in writing the names of those persons who Group has authorized to sanction additional spend at the Hybrid Event over and above the contracted amounts.
Outside Food and Beverage: Due to applicable law, Group may not bring alcoholic beverages into the Hotel for Group’s Hybrid Event. Group must obtain Hotel’s prior approval before Group bring any food or non-alcoholic beverages from outside sources into the Hotel. If approval is granted by Hotel, Group may be required to sign a hold harmless and indemnification agreement in the form currently in use at Hotel if food or beverage products not purchased by Hotel but served by Hotel staff are brought in for consumption by Group’s attendees. Service fees may apply to any outside food or beverage served in Hotel’s function space, regardless whether Hotel labor is required.
Displays and Decorations; Group’s Property: Group may, at Group’s option, purchase insurance to cover Group’s personal property, including decorations, special objects and other property. To the fullest extent permitted by law, Hotel us not responsible for any loss or damage to property belonging to Group or Group’s attendees, and Hotel does not maintain insurance covering such personal property. All displays and/or decorations will be subject to Hotel’s prior written approval and Hotel reserves the right to contract and charge Group for Hotel staff to provide the labor for any installations or removals of such. Hotel can advise Group of such potential charges upon request.
Outside Contractors: Should Group elect to utilize outside contractors on Hotel premises during Group’s Hybrid Event, Group must notify Hotel at least ten (10) days in advance of Group’s Hybrid Event. Hotel may require that Group’s outside contractors sign a hold harmless, indemnification and insurance agreement in the form currently in use at the Hotel for similar outside contractors, and provide proof of insurance in amounts acceptable to Hotel (amounts and types of insurance to be determined in Hotel’s sole discretion based on the type of services the outside contractor will be providing) before the outside contractor will be allowed to provide services on Hotel’s Hotel premises. In some instances, despite Group’s use of an outside contractor, Hotel may be required, pursuant to obligations imposed on Hotel by labor unions or collective bargaining agreements, to utilize Hotel labor to provide certain services, and Group agrees to pay the fees and/or charges associated with these services. Upon request by Group, Hotel will disclose prior to the Hybrid Event those services that are required to be performed by Hotel labor (if any) as well as the potential fees and charges associated with such Hotel labor usage.
Conduct of Event: To the fullest extent permitted by law, Group assumes full responsibility for any damage done to Hotel premises and property during Group’s Hybrid Event (reasonable wear and tear excepted), but only to the extent such damage is caused by Group, Group’s employees, guests, agents, or contractors, including any damage done resulting from the installation, placement, and removal of Group’s displays, equipment, exhibits, or other items. For clarity, Group will not be responsible for damage caused by guests to guest rooms unless Group has guaranteed payment of the room rate and incidentals for such guest rooms, given that in those instances the Hotel will not always have a credit card on file from the individual guest. Group agrees that Group’s use of function space will not create any unreasonable disturbance to other guests or meetings, such as excessive noise, smoke or fog machines, dry ice, confetti cannons, candles, incense, or any other activity that generates offensive smells. Group will not use such items without advance approval from Hotel. Hotel must exercise reasonable discretion by taking into account the nature of the function when determining whether the function is in fact creating an unreasonable disturbance. Hotel reserves the right to end Group’s use of meeting or function space immediately if Group does not promptly comply with Hotel’s request to reduce or eliminate any such disturbance, in which case Group will remain responsible for payment of all charges related to Group’s use of the function space and no refunds will be issued by Hotel.
Fire Safety: For the safety of persons and property, no fireworks or incendiary devices may be used indoors at the Hotel. All room sets must be in compliance with the local Fire Department regulations, including those pertaining to occupancy load, mandatory aisles, ceiling clearance and fire exits.
Supplemental Surcharges: For Group’s information, supplemental surcharges are charges added to Group’s Master Account to pay for costs incurred by the Hotel in connection with additional equipment, administration, and staffing necessary for the Hybrid Event. These surcharges will be solely retained by the Hotel and are not distributed to hourly or tipped employees. Examples include, but are not limited to, early sets, set-up charges, late end times, outdoor venues, resets, refreshes, cleaning and other services that require staffing above normal levels and/or services outside of the normal scope contracted and paid products and services.
COMPLIANCE WITH LAWS: Each party agrees to comply with all applicable laws and regulations related to the Hybrid Event, including without limitation, health and safety codes, anti-terrorism, anti-corruption, anti-money laundering laws and regulations, and fire regulations. Each party agrees to cooperate with the other party and any relevant government authority to ensure compliance with such applicable laws and regulations. Group expressly acknowledges and agrees that Hotel’s ability to perform under the Hybrid Event Exhibit is subject to Hotel’s compliance with applicable laws, including but not limited to sanctions laws and regulations. In addition to any other legal rights and remedies available to Hotel under applicable laws, Hotel may cancel the Hybrid Event without liability to Group, Group’s attendees or any third parties who may otherwise have benefitted from the use of Hotel facilities under the Hybrid Event Exhibit if Hotel reasonably believes it is necessary to do so in order for Hotel to comply with Hotel’s obligations under all applicable laws or regulations.
PROMOTIONAL CONSIDERATIONS: Hotel has the right to review and approve any advertisements or promotional materials in connection with Group’s Hybrid Event that specifically reference the name of the Hotel or a name or logo owned by Hilton. Group agrees that Hotel may share Group’s Hybrid Event and event planner information with Hotel’s third party providers who offer support services to groups holding meetings/functions at the Hotel, including audio/visual services, decorators, florists, and others.
SUCCESSORS AND ASSIGNS: The commitments made by each party will be binding on their respective successors and assigns.
DISCLAIMER OF LIABILITY: By virtue of signing the Hilton Master Hybrid Event Agreement, Hilton shall not be deemed to assume or otherwise have any obligation under any Hybrid Event Exhibit issued under the Hilton Master Hybrid Event Agreement, which obligations shall solely remain with the Participating Hotel entity as identified in the applicable Hybrid Event Exhibit, and Group will have no legal recourse against Hilton or any of its affiliates, or its or their respective shareholders, directors, officers, employees, or agents, regarding any acts or omissions of the Participating Hotels with respect to any Hybrid Event Exhibit within the Hilton system, excepting those Participating Hotels that are owned by Hilton or one of its affiliates. In the event of a material dispute pertaining to the terms and conditions of the Hilton Master Hybrid Event Agreement as it applies to an executed Hybrid Event Exhibit, and upon reasonable request by Group, Hilton agrees to use commercially reasonable efforts to actively facilitate discussions between Group and the relevant Participating Hotel in an attempt to negotiate or otherwise achieve a mutually acceptable resolution of such material dispute.
GOVERNING LAW; VENUE; PREVAILING PARTY: Given that Hilton is based in the United States and needs certainty in enforcement of agreements, to the maximum extent possible, this Hilton Master Hybrid Event Agreement, and all Hybrid Event Exhibits issued under the Hilton Master Hybrid Event Agreement, will be governed by and interpreted pursuant to the laws of the State of New York, USA, excluding any laws regarding the choice or conflict of laws. Litigation of disputes between Group and the Participating Hotel arising out of or in connection with any Hybrid Event Exhibit will be resolved in a court of competent jurisdiction in the jurisdiction in which the Participating Hotel is located (or the closest available location). THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL. The prevailing party in any court proceeding will be entitled to recover an award of its reasonable legal fees and costs, plus pre and post judgment interest.
MISCELLANEOUS: The parties agree that the Hybrid Event Exhibit, once executed by Group and the applicable Participating Hotel, as supplemented by the applicable terms and conditions of the Hilton Master Hybrid Event Agreement, together constitute the entire agreement between the parties and may not be amended or changed unless done so in writing and signed by the parties; provided, however, that Group’s final guarantee of attendance may be made by phone. Any provision in the Master Hybrid Event Agreement or the Hybrid Event Exhibit 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.
Last Revised 07 January 2021