Wyndham Pittsburgh University Center
100 Lytton Avenue, Pittsburgh, PA 15213
Telephone: (412) 682-6200 Fax: (412) 681-4749
CATERING AGREEMENT
Name Of Group:
Account Name:
Contact:
Address:
Salesperson:
Block Code:
University of Pittsburgh (“Group”, “you” or “your”)
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Telephone:
Fax:
Email:
Thank you for selecting Wyndham Pittsburgh University Center for your upcoming function. This Agreement will constitute as your Catering
Contract.
SCHEDULE OF EVENTS
Start Time
End Time
Description
Room
Setup
Agr
Room Rental
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Date
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FOOD & BEVERAGE I MEETING REQUIREMENTS
The following table illustrates our understanding of your meeting/banquet space needs. You have agreed to hold the meetings and food and
beverage events as set forward in this schedule of events.
In order to secure space for your function, please return a signed copy of this agreement by _______. If the signed contract is not received by this
date, the function space will be released. If a direct bill account exists, a deposit in the amount of $X will be guaranteed to the [direct bill
account.] The Deposit is Non-Refundable if the function is cancelled and will be billed as a cancellation fee. Full payment would be charged if the
function is cancelled after _______.
Agreed Food and Beverage Minimums
A minimum “guaranteed amount” of $X in food and beverage is required for this function. This minimum guaranteed amount does not include
room rental, alcohol, service charges, administrative fees, tax and labor charges, audio-visual, parking or any other miscellaneous charges incurred.
University of Pittsburgh is required to pay Hotel the full Guaranteed Amount, regardless of whether University of Pittsburgh actually meets the
required minimum. If the minimum guaranteed amount is not met, University of Pittsburgh agrees the balance will be assessed as room rental.
University of Pittsburgh is required to pay Hotel any amounts exceeding the minimum guaranteed amount.
Final Details
Final details for this function must be finalized by 30 days prior to your event. Once details have been finalized, a Banquet Event Order will be sent
to you for approval and signature. If changes are required an updated banquet event order will be forwarded for review and signature. The final
count will be due by _______ by 2:00 PM. The final charges will be billed to the University of Pittsburgh’s direct bill account, if applicable.
Food, non-alcohol beverage & AV rental charges are subject to 22.5% service charge and 7% sales tax. Meeting room rentals are subject to 22.5%
service charge and 7% [occupancy] tax. Currently, there is also a 7% sales tax charged on [22.5%] service charge. Alcoholic beverage charges are
subject to a 7% alcoholic beverage tax and [22.5%] service charge. All breakfasts and lunches under 25 people and all dinners under 40 people are
subject to a $75.00 set-up charge. Bartender fees, cocktail server fees, and carver fees will be charged as applicable.
Acceptance
This Agreement shall be deemed definite and acceptable only after it has been signed by a representative of the Group and thereafter signed by a
representative of the Hotel. The persons signing the Agreement on behalf of Hotel and University of Pittsburgh each represent that they are
authorized to make agreements and to bind their principals to this Agreement. Please indicate your acceptance and approval of the terms of this
contract by signing the enclosed copy and returning it to the Hotel by _______. Should the Hotel not receive your signed contract by this date, all
facilities being held tentatively may be canceled by the Hotel in its sole discretion and without notice to you. All or any terms of the contract may
be change or deleted if not returned by the date specified.
The attached Banquet Information, Terms and Conditions are incorporated herein.
If you have any questions, please do not hesitate to contact me. I look forward to working with you to make your event a success.
Date
Hotel Representative
Renee O'Brien, Catering Sales Manager
412-682-6257
robrien@wyndham.com
Date
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University Signature
BANQUET INFORMATION, TERMS & CONDITIONS
Food: All food & beverage items must be supplied, prepared, and served by the Hotel. Food & beverage cannot be brought into any banquet room from
sources outside of the Wyndham Pittsburgh University Center. Our experienced Catering Staff will be happy to customize a menu to meet your specific needs
and tastes. No food or beverage may be removed from the Hotel.
Beverage: The Pennsylvania Liquor Control Board regulates the service of all alcoholic beverages. DJONT/JPM Hospitality Leasing (SPE), LLC d/b/a the
Wyndham Pittsburgh University Center, as a Licensee, is responsible for the administration of and adherence to these regulations. Therefore, all liquor, wine
and beer must be supplied and served by the Hotel. The Hotel will request proper identification (Photo ID) of any person of questionable age and refuse
alcoholic beverage service if the person is under age or proper ID cannot be produced. The Hotel will refuse to serve any person who, in the Hotel’s judgment,
appears to be intoxicated.
Room Assignment-/Set-Up-AV Charges: Room assignments are based on the estimated number of attendees. The Hotel reserves the right to assign and/or
change banquet/meeting space without prior notification. If the Group requests a change in set-up the day of the function, a room set-up fee of $50.00 will be
charged per room re-set. A $50.00 per room, per day electrical fee will be charged for bringing in own electrical equipment.
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Menu and Final Details: All menu selections and final details for an event must be made 30 days prior to the event. Once details are finalized, an event
sheet will be sent outlining all of the details for your function. These event sheets must be signed and returned to the Hotel no later than _____ days prior
to the event.
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Tax and Service Charges: Food, non-alcohol beverage & AV rental charges are subject to 22.5% service charge, and 7% sales tax. Meeting room rentals are
subject to 22.5% service charge] and 7% occupancy tax. 7% sales tax is charged on 22.5% service charge. Alcoholic beverage charges are subject to a 7%
alcoholic beverage tax and 22.5% service charge. All breakfasts and lunches under 25 people and all dinners under 40 people are subject to a $75.00 set-up
charge. Bartender fees, cocktail server fees, and carver fees will be charged as applicable.
Guarantee: The Hotel requires a guaranteed final count 72 business hours prior to the event. Final counts for Saturday, Sunday, and Monday are required
on Wednesday. This number cannot be reduced and will be considered the minimum number charged. We will set and prepare [3%] over the guaranteed
number up to 150 guests and 2.5% for groups over 150 people. If a final guarantee is not received 72 business hours in advance, the highest number of
guests indicated in your last correspondence will be considered as your final guarantee.
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Billing & Deposits: Billing arrangements for all events must be made prior to the event and in accordance with Hotel policies. Final payment is due within
30 days of the later of (a) completion of the event or (b) receipt of the invoice by the University. All applications for direct billing must be approved by our
Credit Department. All deposits are non-refundable unless otherwise stated in your Catering Contract. Refunds or deposits for major functions are at the
discretion of the Hotel.
Parking: Parking at the Wyndham Pittsburgh University Center is based upon availability. If your guests do park in the Hotel’s lot, we offer a flat $10.00
rate for up to a 6-hour time period. This is a discounted rate and applies to all Group functions held at the Hotel. This rate is subject to change without
notice.
Packages: All packages being shipped to the Hotel must be clearly marked with the group name, date of function, and Group contact. Packages are to be
addressed, “Attention: Name of Catering Manager”. The Hotel will not accept packages more than 1 week prior to the event and such package shall be
rejected and marked return to sender. The University is responsible for making all arrangement to have packages shipped to and from the Hotel. Boxes
stored longer than 3 days, will be charged at $10.00 per box, per day. An additional charge of $25.00 Per Package will apply for packages over 30 pounds.
Signage: Signs, banners, posters, and directional signs or any other items may not be affixed to walls, ceilings, doors, or displayed in the Lobby or other
public areas without prior Hotel approval.
Decorations: Your Catering Sales Manager will be happy to assist you with centerpiece options. The Hotel will not permit affixing of anything to the walls,
floors or ceilings with nails, staples, tape or any other substance. Confetti is not permitted. Please check with your Catering Sales Manager prior to bringing
decorations into the Hotel.
Security: The Hotel may request that the University obtain and pay for bonded security personnel. The Hotel may require certain functions to have
additional Hotel security assigned to their function at an additional charge.
Liability: The Hotel is not responsible for damage to or loss of any item left in the Hotel prior to, during or following any function. The University is
responsible for and will be charged for any damage, loss, or liability incurred by the Hotel arising from the negligence or willful misconduct of the University,
its employees, guests or any person or organization contracted by the University to provide any service or goods before, during, or after the function.
Force Majeure: The performance of this Agreement by either party is subject to acts of God, government authority, disaster, civil disorders, or other
emergencies, any of which make it illegal or impossible to provide the facilities and/or services for your meeting. It is provided that this Agreement may be
terminated for any one or more of such reasons by written notice from one party to the other without liability. The party seeking cancellation of
performance under this provision must exercise due diligence and take all reasonable steps to avoid, remove and overcome the effects of the force majeure
event.
Compliance with Laws: Each party shall comply with all applicable laws, ordinances, codes, rules and regulations of any federal, state, county or municipal
government, bureau or department relative to all of its activities, performance and operations hereunder and shall obtain and maintain all necessary
licenses and permits, required by any proper authority, at its sole cost and expense. Without limiting the foregoing, this includes all applicable health
department rules and regulations related to the hygienic preparation and service of food and all federal, state and local laws regulating the sale and service
of alcoholic beverages.
Miscellaneous Provisions
If either party is prevented from performing its obligations pursuant to this agreement by an act of God, strike, lockout, public enemy, war, riot,
insurrection, flood, terrorist, or by any similar occurrence that is beyond the control of such party, then that party shall be excused from any
further performance of its obligations and undertakings pursuant to this agreement, and this agreement shall terminate without further liability.
The party seeking cancellation of performance under this provision must exercise due diligence and take all reasonable steps to avoid, remove and
overcome the effects of the force majeure event.
Assignment: This Agreement may not be assigned, in whole or in part, by Group without the Hotel’s prior written consent. This Agreement may
not be assigned by the Hotel without the prior written consent of the Group; however, the Hotel may assign this Agreement to an affiliate of the
Hotel, any purchaser of the Hotel, or a subsequent operator of the Hotel or to a holder of a mortgage encumbering the Hotel without obtaining the
prior written consent of Group.
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Independent Contractor: The University and Hotel shall each be and remain an independent contractor with respect to all rights and obligations
arising under this Agreement. Nothing contained in this Agreement shall be deemed or construed to create a relationship of employment, principal
and agent, partnership, co- or joint employer or joint venture. Neither University nor Hotel shall permit any of its officers, directors, agents,
employees, representatives, supervisors, successors, assigns, employees, or sub-contractors to represent or hold out itself or themselves as agents,
supervisors, servants, employees, or representatives of the other party or as authorized to make any commitment to incur any obligation on behalf
of the other party.
Choice of Law / Venue: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its choice of law
provisions. Any controversy, claim or dispute arising out of or relating to this Agreement shall be adjudicated in the Court of Common Pleas of
Allegheny County, Pennsylvania or the United States District Court for the Western District of Pennsylvania.
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Waiver: Failure on the part of any party, in any or more than one instance, to insist upon the performance of any of the terms, covenants, or
conditions of this Agreement or to exercise any right or privilege contained within this Agreement, or the waiver by any party of any breach of any
of the terms, covenants, or conditions of this Agreement shall not be construed as thereafter waiving any such terms, covenants, conditions, rights
or privileges, but the same shall continue and remain in full force and effect, the same as if no such forbearance of waiver had occurred.
Severability: If any provision or a portion of any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent
jurisdiction, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected or impaired in any way.
Survivability: The terms of this Agreement which by their nature and for any reason are intended to survive and extend beyond the termination,
cancellation or expiration of this Agreement, shall remain in effect and be binding upon the parties beyond such time. Such terms shall include
without limitation those that confer rights based on prior breaches or performance.
Insurance: The Hotel shall procure and keep in force at its own expense full and adequate insurance coverage of all of its operations pursuant to
this Agreement. Insurance coverage must include Commercial General Liability/Host Liquor Liability (Occurrence Policy) in the minimum amounts
of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. Certificates of insurance evidencing all insurance coverage may be
provided upon reasonable request.
The above information is understood and agreed to as it applies to my function.
_______________________________________________________________________________
University’s Signature
____________________
Date
Version 2013