Marriott Louisville East 1903 Embassy Square Boulevard Louisville, KY 40299 Tel: (502) 491-1184 ~ Fax: (502) 491-7230 www.marriott.com/sdfls Monday, March 14, 2016 REVISED 1/15/15 Agreement between the Marriott Louisville East and KY Association of Blacks in Higher Education Leslie Ashford Planner 2001 Newburg Rd Louisville, KY 40205 (502) 272-7273 Lmaxie-ashford@bellarmine.edu Peggy Lopez Sales Manager 1903 Embassy Square Blvd. Louisville, KY 40299 (502) 318-1713 (502) 491-7230 plopez@musselmanhotels.com NAME OF EVENT: KY Association of Blacks in Higher Education The Hotel agrees that it will provide, and KY Association of Blacks in Higher Education agrees that it/she/he will be responsible for utilizing the Room Night Commitment in the pattern set forth below: GUEST ROOM COMMITMENT: 2015 Sun 4/12 Mon 4/13 King or Two 50 50 Queens Based on Availability RATES: The Hotel is pleased to confirm the following guest room rates: Room Single Rate Double Rate King or Two $125.00 $125.00 Queens Based on Availability Guest room rate are non commissionable and do not include applicable state and local taxes currently 16.07%. MINIMUM GUEST ROOM REVENUE: The Hotel is relying upon KY Association of Blacks in Higher Education use of the Guest Room Commitment. KY Association of Blacks in Higher Education agrees that a loss will be incurred by the Hotel if the actual usage is less than 80% of the Guest Room Commitment. At the conclusion of the meeting, should the room night usage fall below 80% of the Guest Room Commitment, KY Association of Blacks in Higher Education agrees to pay the hotel, as liquidated damages and not as a penalty, for any unsold rooms at the contracted rate. METHOD OF RESERVATIONS: ______ Reservations made by individual attendee Reservations for the Event will be made by individual attendees directly with Marriott reservations at 1-800-228-9290, referencing the GROUP NAME block or on-line via your custom Marriott ResLink which will be provided by the hotel. 1 Marriott Louisville East 1903 Embassy Square Boulevard Louisville, KY 40299 Tel: (502) 491-1184 ~ Fax: (502) 491-7230 www.marriott.com/sdfls ______ Rooming list to be provided Customer will provide hotel will a rooming list stating first and last name, check in and check out date as well as method of payment for each attendee by cut-off date. CUT-OFF DATE: The “cut-off date” for accepting reservations into this guest room block is 3/19/15. Reservation requests received after 5:00 p.m. local time at the Hotel on the cut-off date will be accepted at Hotel’s prevailing rate, based on room type availability. Failure to reserve guest rooms before the cut-off date will not impact the enforceability of the Attrition or Cancellation clauses. Hotel will review the reservation pickup for the Event, release the unreserved rooms for general sale, and determine whether it can accept reservations based on a space and rate available basis at the group rate after this date. PAYMENT INFORMATION: Per your agreement with Marriott Louisville East, KY Association of Blacks in Higher Education agrees to be responsible for the following charges of the attendees. Please check the column that pertains to who will be responsible for paying for the specific charges listed. MASTER ACCOUNT FOLIO __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ INDIVIDUAL’S FOLIO __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ Room & Tax Banquets Restaurants / Room Service Alcohol in Lounge Room Service Amenity Laundry/Dry Cleaning Audio Visual Package Shipping Maid Service Baggage Service Other Charges (please specify) _______________ FORM OF PAYMENT: (Please check one) Direct Bill: ( ) Pending approval of Hotel credit application with a minimum of 30 days to process. Master Account: ( ) Credit card ( ) Check ( ) Purchase Order ( ) Prepayment Direct Bill: Upon application and review by Hotel, Hotel may elect to extend direct billing privileges to Customer. If direct billing has been established, payment of all undisputed amounts is due within 30 days of Customer’s receipt of invoice from Hotel, and if not paid within 30 days will accrue interest at 1½ % per month. Customer must notify Hotel of any disputes within 5 business days of Group’s receipt of invoice from Hotel or disputes will be considered waived. If Hotel determines after establishing direct billing that Customer’s credit status has changed negatively, Hotel may require immediate full prepayment of the Minimum Guest Room Revenue Guarantee. Credit Card: Subject to the terms and conditions of this Agreement, Hotel will accept Credit Card payments for all Transactions. Hotel shall honor valid Credit Cards properly tendered for use. For purposes of this contract, "Credit Card" means a credit card issued pursuant to the rules and regulations (the "Rules") of American Express, Diners Club International, Discover Card, JCB, MasterCard VISA, or any "Credit Card" for which Hotel provides processing. Hotel will authorize credit card on file for estimated charges prior to arrival date. Any remaining balance will be charged immediately upon conclusion of the event. Purchase Order: Should you or your attendees want to pay with a Purchase Order, the hotel has a Purchase Order Form that must be completed and returned with a copy of the actual Purchase Order being used. Should the group claim Kentucky State Tax Exemption, the hotel must receive a valid tax exemption certificate. Should the group pay with a school credit card for the Purchase Order and claim tax exemption the hotel must receive a copy of the credit card as well as the tax exemption certificate. 2 Marriott Louisville East 1903 Embassy Square Boulevard Louisville, KY 40299 Tel: (502) 491-1184 ~ Fax: (502) 491-7230 www.marriott.com/sdfls ADVANCE PAYMENT SCHEDULE: The payment schedule for your Event is outlined below: Deposit/Payment Amount 10% of estimated revenues 75% of estimated revenues Remaining estimated balance Time Frame At time of signed agreement 21 days prior to event Remainder upon completion of event Additionally, the hotel will require a credit authorization form to guarantee payment of any additional charges incurred during the Event. GENERAL POLICIES: Food and Beverage Requirements All food & Beverage must be provided by the Hotel. Food & Beverage is not permitted to be removed from the Hotel’s banquet area. Guarantees on Food & Beverage • Final number of guaranteed attendees is due by 12:00 noon three business days prior to event date. • This will be considered the minimum guarantee and is not subject to reduction. • If no guarantee is received, the original expected number on the Event Order will be used. • Revisions in your group counts, times, dates, or meal functions may necessitate renegotiating the charges. Room Décor and Hanging Signs or banners are not permitted to be taped, tacked or attached by any means to the walls, doors or ceiling of the Hotel unless approved by Hotel management. Tax & Service Charge All food, beverage, room rental and audio visual charges are subject to 22% service charge and applicable state taxes. Kentucky ABC Laws • Kentucky State Law prohibits the serving of alcoholic beverages to anyone under the age of 21. • Alcoholic beverages may be denied to anyone who appears to be intoxicated. Requirements/Room Assignments • Final menu, room arrangements and other details will be outlined in an Event Order. • The Hotel reserves the right to change function rooms at any time should the number of attendees decrease, increase, or when hotel deems it necessary. • Additional charges will result if a change in your room set-up occurs within 48 hours of event. Shipping All Materials Shipped should include: • Group Name • Date of Event • Name of Sales Manager Materials should be sent more than 3 business days prior to the Event, or a charge of $5 plus service charge and tax per box/crate, will be added to the Event Order. Materials left more than 3 Business Days after the event are subject to be discarded. Hotel is not responsible for any shipping charges. SHIPPING AND STORAGE: Any materials to be sent to Hotel may arrive no earlier than 3 days in advance. The following handling and storage fees will be applied to your Master Account. 0-5 pounds 21-50 pounds Crates $5.00 each $15.00 each $75.00 each 6-20 pounds $10.00 each Over 50 pounds $25.00 each Pallets $100.00 each All outbound packages are $5.00 per item. Hotel will not be responsible for any loss or damage to materials sent to Hotel prior to your event date. 3 Marriott Louisville East 1903 Embassy Square Boulevard Louisville, KY 40299 Tel: (502) 491-1184 ~ Fax: (502) 491-7230 www.marriott.com/sdfls ASSIGNMENT OF FUNCTION SPACE: Hotel will provide Customer with Function Space in accordance with the schedule of events, based on the contracted number of people attending the event. Hotel may make reasonable substitutes to Function Space by notifying Customer in writing of changes. FUNCTIONS SPACE/SCHEDULE OF EVENTS: This Agreement applies to the following event and function space: Date Start Time End Time Function Type Post Space/Location Expected Setup 4/12/2015 8:00:00 AM 11:59:00 PM Hospitality Hospitality Steamboat 50 flow Rounds 4/12/2015 3:00:00 PM 5:00:00 PM Meeting Meeting RockBridge 10 Existing 4/12/2015 6:00:00 PM 9:00:00 PM Reception Reception Bluegrass Ballroom 200 Rounds 4/13/2015 8:00:00 AM 9:00:00 AM Breakfast Breakfast Bluegrass ABC 200 Rounds 4/13/2015 8:00:00 AM 11:59:00 PM Hospitality Hospitality Steamboat 50 Rounds 4/13/2015 8:00:00 AM 11:00:00 PM Meeting Meeting RockBridge 10 Existing 4/13/2015 8:00:00 AM 5:00:00 PM Breakout Breakout Colonel A 50 Schoolroom 4/13/2015 8:00:00 AM 5:00:00 PM Breakout Breakout Colonel B 50 Schoolroom 4/13/2015 8:00:00 AM 5:00:00 PM Breakout Breakout Colonel C 50 Schoolroom 4/13/2015 8:00:00 AM 5:00:00 PM Breakout Breakout Bluegrass E 40 Schoolroom 4/13/2015 12:00:00 1:30:00 PM Lunch Lunch Bluegrass ABC 200 Rounds 4/13/2015 6:00:00 PM 9:00:00 PM Dinner Dinner Commonwealth CD 200 Rounds Breakfast Bluegrass 200 Rounds 4/14/2015 8:00:00 AM 11:00:00 AM Breakfast All meeting room rental, food and beverage, audio-visual and related services are subject to applicable taxes currently 6% and taxable service charge 22%. A total meeting room set up fee if $1,000 ++. FOOD AND BEVERAGE: Due to licensing requirements and for quality control, all food and beverage served at Hotel must be supplied and prepared by Hotel. Final menu prices will be confirmed on BEOs. A taxable service charge, currently 22% of the total food, beverage, rental and AV revenues (plus all applicable taxes) will be added to all food, beverage, rental and AV charges. MINIMUM FOOD AND BEVERAGE REVENUE: The Hotel is relying upon the food and beverage functions outlined in the Schedule of Events. KY Association of Blacks in Higher Education agrees that a loss will be incurred by Hotel if there is a cancellation or reduction of food and beverage functions and the number of food and beverage covers. The minimum food and beverage revenue anticipated by Hotel under this Agreement (excluding taxes and other charges) is: $20,000.00. If KY Association of Blacks in Higher Education does not meet the minimum food and beverage revenue guarantee, it will pay the difference between the actual revenue and the minimum food and beverage revenue guarantee (plus all applicable taxes) as a reasonable estimate of Hotel’s losses. INTERNET SERVICE: Wireless internet service is available for a base fee of $150.00++ per day for all meeting space contracted. For a daily rate of $5.95 in your guest room, guests receive high-speed internet access and unlimited local, U.S. long distance and 800 calls. The groups specific internet needs will be discussed in detail once the signed agreement is received. We are pleased to offer complimentary internet in all meeting space. 4 Marriott Louisville East 1903 Embassy Square Boulevard Louisville, KY 40299 Tel: (502) 491-1184 ~ Fax: (502) 491-7230 www.marriott.com/sdfls GOLD KEYS: In order to better understand your group’s needs, we ask that you participate in our “Three Gold Keys” program. The intent of the program is for our staff to know the three main objectives you have set so they can take ownership of your event. We can only accomplish this by knowing what aspects of your stay are most important. Please take the time to list the three main objectives you have set for the event. 1. 2. 3. MARRIOTT REWARDS – REWARDING EVENTS: Approximately (10) business days after the conclusion of the Event (provided that the Event is not cancelled and KY Association of Blacks in Higher Education has otherwise complied with the material terms and conditions of this Agreement), the Hotel will either award Marriott Rewards points to, or submit an award for airline miles: CHECK ONE OPTION BELOW: Award Marriott Reward Points to the Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) Marriott Rewards Member Name ____________________________ Marriott Rewards account number ___________________________ Award Airline Miles to the Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) Marriott Rewards Member Name ____________________________ Marriott Rewards account number ___________________________ Airline frequent flier account number _________________________ Name of airline ______________________________________________ Decline to Award Marriott Rewards Points or Airline Miles. The Contact and the Authorized Signer of this Agreement elect not to receive (and hereby waive the right to receive) an award of Marriott Reward points or airline miles in connection with the Event. The number of Marriott Reward Points or airline miles to be awarded shall be determined pursuant to the Marriott Rewards Terms and Conditions, as in effect at the time of award. The Marriott Rewards Terms and Conditions are available on-line at marriott.com (www.marriott.com/rewards), and may be changed at the sole discretion of Marriott Rewards at any time and without notice. The individual(s) identified above to receive either Marriott Rewards points or airline miles may not be changed without such individual(s)’ prior written consent. By inserting the airline mileage account information, the recipient elects to receive airline miles rather than Marriott Rewards points. All Marriott Rewards Terms and Conditions apply (see www.marriott.com/rewards). FORCE MAJEURE: If acts of God or government authorities, natural disasters, or other emergencies beyond a party’s reasonable control make it illegal or impossible for such party to perform its obligations under this Agreement, such party may terminate this Agreement upon written notice to the other party without liability. CANCELLATION: If Customer cancels this Agreement, Customer will provide written notice to Hotel, accompanied (except in the case of a Force Majeure) by payment of the percentage of minimum guest room revenue, meeting room rental and food and beverage indicated below: From Agreement Date to 120 days prior to Arrival Date: 40% of Minimum Revenue From 60 days to 119 days prior to Arrival Date: 60% of Minimum Revenue From 59 days to 30 days prior to Arrival Date: 80% of Minimum Revenue From 29 days or less prior to Arrival Date: 100% of Minimum Revenue The parties agree that the amounts included in this Cancellation clause are reasonable estimates of the losses that would be incurred by Hotel and factor in Hotel’s ability to mitigate its losses through resale. 5 Marriott Louisville East 1903 Embassy Square Boulevard Louisville, KY 40299 Tel: (502) 491-1184 ~ Fax: (502) 491-7230 www.marriott.com/sdfls SECURITY: Hotel does not provide security in the Function Space and all personal property left in the Function Space is at the sole risk of the owner. Customer will advise its attendees that they are responsible for safekeeping of their personal property. Hotel may reasonably require Customer to retain security personnel in order to safeguard guests or property in Hotel. Security personnel are not authorized to carry firearms without advance Hotel approval. ANCILLARY SERVICES: Hotel may provide or contract with third party companies to provide, ancillary services (e.g., AV, drayage, florists, exhibitors, etc.) to Customer for additional charges. Except with respect to certain services (e.g., rigging services), Customer may use its own vendors for such services provided that Customer’s proposed vendors meet minimum standards established by Hotel, including insurance and indemnification requirements. With respect to audiovisual services, Customer will inform Hotel of its decision to bring its own vendor at least 60 days prior to arrival, and will sign, and have its audiovisual vendor sign an acknowledgement of Hotel’s Audiovisual Service Standards and Policies at least 45 days prior to arrival. In the event this agreement is within 45 days the Hotel’s Audiovisual Service Standards and Policies will be due upon contract signing. Should an outside AV company be used, a fee of $1,000 will be charged to the Customer. DISCLOSURE: Customer will be responsible for determining to whom it needs to disclose any terms of this Agreement. LAWS AND POLICIES: Each party will comply with all applicable federal, state and local laws (including the Americans with Disabilities Act) and Hotel rules and policies. Customer will be responsible for providing its disabled members with auxiliary aids in connection with any Customer events or activities. Upon Customer’s reasonable request, Hotel will cooperate with Customer to provide services on behalf of Customer’s disabled attendees. INSURANCE: Each party will maintain insurance sufficient to cover any claims or liabilities which may reasonably arise out of or relate to its obligations under this Agreement and will provide evidence of such insurance upon request. INDEMNIFICATION: Each party will indemnify, defend and hold the other harmless from any loss, liability, costs or damages arising from actual or threatened claims resulting from its breach of this Agreement or the negligence, gross negligence or intentional misconduct of such party or its officers, directors, employees, agents, contractors, members or participants. Neither party will be liable for punitive damages. DISPUTE RESOLUTIONS: The parties will resolve any claim or dispute arising out of or relating to this Agreement through binding arbitration before one arbitrator conducted under the rules of the American Arbitration Association or JAMS in the state and city in which Hotel is located. The law of the state in which Hotel is located will be the governing law. The arbitration award will be enforceable in any state or federal court. In any arbitration or litigation arising out of or relating to this Agreement or the enforcement of any arbitration award, the prevailing party will recover attorneys’ fees and costs including expert witness and arbitration fees and pre- and post-judgment interest. Each party will be responsible for attorneys’ fees and interest associated with the other party’s efforts to collect monies owed under this Agreement. NOTICE: Any notice required or permitted by the terms of this Agreement must be in writing. ASSIGNMENT: Customer may not assign or delegate its rights or duties under this Agreement without Hotel’s prior approval. SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable that provision will be eliminated or limited to the minimum extent possible, and the remainder of the Agreement will have full force and effect. 6 Marriott Louisville East 1903 Embassy Square Boulevard Louisville, KY 40299 Tel: (502) 491-1184 ~ Fax: (502) 491-7230 www.marriott.com/sdfls WAIVER: If either party agrees to waive its right to enforce any term of this Agreement, it does not waive its right to enforce any other terms of this Agreement. Thank you for selecting the Marriott Louisville East as the property for your guests. We look forward to hosting your event! ACCEPTED AND AGREED TO: Marriott Louisville East Leslie Ashford Peggy Lopez Sales Manager Date Date This Agreement between KY Association of Blacks in Higher Education and the Marriott Louisville East (“Hotel”) is effective as of the date it is signed by Hotel 1/16/15. However, between now and 1/16/15 unless both parties have agreed upon and fully executed this Contract, should another group request the dates and be in a position to sign an agreement immediately with the Marriott Louisville East, we will advise KY Association of Blacks in Higher Education and KY Association of Blacks in Higher Education will have three (3) business days to sign this Contract and confirm the arrangements on a definite basis or the Marriott Louisville East may at its option enter into an agreement with another group or individuals. If this Contract is not fully executed by 1/16/15 the space may be automatically released. 7