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HomeMy WebLinkAbout2020-170-E Visitors Bureau - The Carolina Club event rental (2) DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 PRIVATE EVENT AGREEMENT FUNCTION: March Madness Blitz Reception DATE OF FUNCTION: March 12,2020 ROOM TIME IN TIME OUT ROOM FEE Alumni Hall 1 03/12/2020 03:00 pm 03/12/2020 05:00 pm $1,500.00 Alumni Hall 1I 03/12/2020 03:00 pm 03/12/2020 05:00 pm $0.00 Alumni Hall 1II 03/12/2020 03:00 pm 03/12/2020 05:00 pm $0.00 ESTIMATED ATTENDEES: 150 FOOD AND BEVERAGE MINIMUM: $0.00 ESTIMATED COST: $2,462.13 NONREFUNDABLE DEPOSIT: $0.00 MEMBER CLIENT: Chapel Hill/Orange County Visitors Bureau PHONE: (919)245-4323 EMAIL: mbarbera@visitchapelhill.org CLIENT REP: Marlene Hampton PHONE: EMAIL: mbarbera@visitchapelhill.org This Agreement is not binding upon the Club unless it is signed by both parties and any deposit paid by: O1/17/2020 This Private Event Agreement(this"Agreement")is between UNC Alumni Club Management,Inc. ("Club"), located at GEORGE WATTS HILL ALUMNI CENTER, STADIUM DRIVE AT RIDGE ROAD, CHAPEL HILL,NC,27514-0111 and Chapel Hill/Orange County Visitors Bureau("Member/Client"). Member/Client has requested that Club reserve a portion of Club's facilities for an event, party, banquet, or function (the "Event"). Member/Client has selected the arrangement summarized above, which will be more specifically described on Exhibit"A" to be attached hereto (the "Banquet Event Order"). Member/Client understands and agrees that the following are express terms and conditions applicable to the Event: 1. Payment Schedule. At the time of execution of this Agreement by both parties, Member/Client shall pay to Club a nonrefundable deposit of$0.00 to secure the Event. This nonrefundable deposit will be applied to the total cost of the Event. No later than 01/12/2020 (or, if blank, 60 days prior to the Event), Member/Client will pay an additional deposit equal to 50% of the estimated cost for the Event set forth above (the "Estimated Cost"). The remaining 50%, less the nonrefundable deposit, is due no later than 03/12/2020 (or, if blank, 7 days prior to the Event). In the event of an overpayment,the Club shall issue a refund check to Member/Client for the difference within 20 days after the Event. Any outstanding amounts and any additional charges incurred with respect to the Event will be charged to Member/Client's authorized credit card. If any payment is not made when due,the Club may,at its option,deem the Event canceled,in which case cancellation charges will apply. 2. Cancellation Policy. In the event Member/Client cancels the Event for any reason, Club will be entitled to a cancellation fee as liquidated damages (plus service charges, administrative charges, administrative fees,as applicable,and applicable taxes)at the time of cancellation as follows: Initial: 1112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 More than 120 days prior to the Event - 40%of the Estimated Cost 120 days to 90 days prior to the Event - 50%of the Estimated Cost 89 days to 45 days prior to the Event - 75%of the Estimated Cost Less than 45 days prior to the Event - 90%of the Estimated Cost Initial Given the Club's capacity to prepare and serve food and beverages, the parties acknowledge that it is highly unlikely that the Club would be able to mitigate any losses caused by cancellation of the Event. The parties agree that prospectively calculating the damages that Club would suffer as a result of the cancellation of the Event would be exceptionally difficult or impossible. For this reason, the parties have agreed that the calculations set forth above are a reasonable forecast of just compensation in the event of the cancellation of the Event. The amounts due for cancellation set forth herein are intended as liquidated damages and not as a penalty. Deposits will be applied toward the cancellation fee. 3. Guest Guarantee. No later than seven(7) days prior to the Event, Member/Client will confirm the number of guests attending the Event. In the event Club is not notified of the guest confirmation at least seven(7) days in advance, Club will use the estimated number of attendees set forth above as the guaranteed number. Club reserves the right to adjust or substitute the space allocated to the Event to appropriately accommodate the number of confirmed guests. If there is a food and beverage minimum set forth above,the Member/Client will be charged the food and beverage minimum or the actual food and beverage charges, whichever is greater. Subject to any food and beverage minimum set forth above,the Member/Client will be charged for the guaranteed number or the actual number of attendees,whichever is greater. 4. Service Charge/Taxes/Banquet Event Order Pricing. The prices listed on the Banquet Event Order, when attached hereto, are subject to proportionate increases to meet increased cost of supplies for Events reserved more than 120 days in advance,but any such increase shall not exceed 10%. Prices can be set 90 days in advance of the Event. All food and beverage purchases are subject to an automatic 20%(or, if blank,20%) service charge, a portion of which may be distributed by the Club to certain food and beverage service employees. The service charge is not a tip or gratuity. Applicable taxes and fees,in addition to the service charge,will be added to all amounts due under this Agreement,including without limitation cancellation fees as liquidated damages. Once the Banquet Event Order has been finalized,it shall be signed and attached hereto no later than seven(7)days prior to the Event. Exemptions from sales tax will be honored when a valid tax exemption certificate or other required document is presented no later than seven(7)days prior to the Event. At that time, any tax refund claims must be made directly with the tax jurisdiction. 5. Member/Client and Guest Conduct/Contractors. Member/Client is responsible for conduct of Member/Client's guests,attendees,and permitted contractors and will promptly pay for all damages incurred by the Club due to their actions or omissions. No food or beverage of any kind can be brought into or removed from the Club by Member/Client or Member/Client's guests or attendees. Member/Clients that wish to use a third party contractor(s) to provide a specific service, not available through the Club, agree to use a contractor(s) that meets the insurance requirements established by the Club. The Club reserves the right to approve all contractors, such approval not to be unreasonably withheld, and all contractors must provide appropriate proof of adequate Initial: 2112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 insurance. Member/Client's contracts with its contractors will all specify that such contractor and the Member/Client will indemnify and hold the Club and its affiliates harmless from any and all damages or liabilities which may arise by such contractor or through its use. Damage to the Club premises by the Member/Client or contractors hired by Member/Client will be the Member/Client's sole responsibility. The Event is subject to the rules and regulations and Membership Bylaws of the Club. 6. Securi . Club is not responsible for security or any damage to or the loss of any personal property or articles brought into the Club, or for any item left unattended, or for loss or damage which occurs in Club's parking areas. Member/Client will accept full responsibility for any damages resulting from any action or omission of their individual attendees in conjunction with organized group activities. The Club is not responsible for any loss or damage no matter how caused,to any samples,displays,properties, or personal effects brought into the Club,and/or for the loss of equipment,exhibits,or other materials left in meeting rooms. 7. Alcohol Consumption. Member/Client covenants to be responsible for the consumption of alcoholic beverages by Member/Client's guests and attendees at the Event. Club does not serve alcoholic beverages to minors as required by state law, and Member/Client assumes the duty to ensure observance of this state statute. In the event Member/Client has reason to believe a guest or attendee has become impaired to the extent they should not drive, Member/Client will prevent the person from leaving the Event without assistance. Member/Client acknowledges Club may refuse service to any guest or attendee or, at its discretion, discontinue service to all guests and attendees. Any such discontinuation of service shall not relieve Member/Client of any obligations or any amounts owed pursuant to this Agreement. 8. Americans with Disabilities Act. Both the Member/Client and the Club shall be responsible for compliance with the public accommodation requirements of the Americans with Disabilities Act ("ADA"). The Club agrees that it will comply with Title III of the ADA and the regulations promulgated thereunder. Club shall provide,to the extent required by the ADA, such auxiliary aids and/or services as may reasonably be requested by Member/Client, provided that Member/Client gives reasonable advanced written notice to Club of such needs. Member/Client shall be responsible for the cost of any auxiliary aids and/or services(including engagement of and payment to specialized service providers, such as sign language interpreters) other than those types and quantities typically maintained by the Club. 9. Payments. Member/Client shall remain liable for all amounts owed to Club and shall have no right to obtain a refund of any deposits paid to the Club. Interest will accrue on any unpaid balance or deposit paid late at the lesser of(i)the rate of 1.5%per month(18%per annum) or(ii)the highest rate permitted under applicable law. Additionally, should the Club, in its sole discretion, deem collection action necessary, whether prior to, during, or subsequent to litigation, the entire cost of collection, including reasonable attorneys' fees, costs, and expenses shall be paid by Member/Client. 10. Limitation of Liability. In no event will the Club be liable for indirect,consequential, incidental, or punitive damages of any nature for any reason, including without limitation lost profits or goodwill, even if Club has been advised of their possible existence. Furthermore, in the event the Club shall have any liability to Initial: 3112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 Member/Client(whether under this Agreement or otherwise),the amount of such liability shall not exceed 50%of the amount paid to Club pursuant to this Agreement. 11. Miscellaneous. In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Neither Club nor Member/Client shall be required to perform any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God,war, terrorist act, strikes, lockouts,material or labor restrictions, damage to or destruction of Club facilities, or prohibitions by any governmental authority. In the event that the Event is cancelled as the result of a force majeure event, all deposits shall be returned to Member/Client, less actual costs incurred by Club in anticipation of the Event. In no event shall Club be liable for the failure of or interruption of utilities. If, for any reason, the space reserved hereunder is not available for the Event, the Club may substitute other space and the Member/Client agrees to accept such substitutions. This Agreement and attachments embody the entire agreement and understanding of the parties relating to the subject matter hereof, is nonassignable, may not be amended except in writing signed by both parties,and supersedes any prior representations,agreements,and understandings, oral or written, if any,relating to such subject matter. All notices, including a cancellation notice, must be in writing. Text messages,instant messages,messages on social media sites,and similar messages are not "in writing" for purposes of this Agreement. This Agreement shall be deemed drafted by all parties and shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereto. This Agreement may be executed by facsimile or other electronic means, and each facsimile or other electronic signature shall be deemed to constitute a valid and binding signature of the executing party. 12. Governing Law and Place for Suit. This Agreement will be deemed to be a contract under the laws of the State in which Club is located and for all purposes will be governed by and construed in accordance with such laws. Member/Client irrevocably agrees that any legal action or proceeding brought by or against Club with respect to this Agreement will be brought in the courts of the State in which Club is located or in the U.S. District Court for that State. Member/Client consents to the jurisdiction of such courts and that the venue for any such action will be the county in which Club is located. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF, BASED UPON, OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. Initial: 4112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 The undersigned has read and agrees to the terms and conditions stated above, certifies that he or she is an authorized representative of Member/Client and has the authority to bind Member/Client to this Agreement, and acknowledges receipt of a copy of this Agreement. 1 DocuSigned by: Club: Cy�. DocuSigned by: %Vt F4";'te' By: a SigildLUCEFAC16E410... PriVaLe DtU69A7D2'054D6 CLE or General Manager Steve Brantley,Economic Development Director Printed Name 501 W. Franklin Street Address Chapel Hill,NC 27516 Address Date: 2/28/2020 Date: 3/3/2020 Initial: 5112 DocuSign Envelope ID:6D7ED599-91 FF-43AF-9C2F-3897F7360AC8 Credit Card Authorization I hereby certify that I am an authorized representative of Member/Client,that I am an authorized signor on the credit card listed below,that I have the authority to authorize charges to the credit card,and that the address below is the billing address for the credit card. By signing below,I irrevocably authorize all charges for deposits as they become due,payments as they become due,and outstanding amounts and/or charges owed to the Club as of the date of the Event or upon cancellation of the Event to be charged to the following credit card: ❑Master Card ❑Visa ❑American Express Credit Card Number: Expiration Date: Cardholder Name: Billing Address: Phone: Authorized Signature: Date: Initial: 6112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 March Madness Blitz Reception Private Events Director:JJ Oppegard DATE LAST REVISED:01/1 012 020 12:13 PM Banquet Event Order CAROLINA CLUB - UNIV OF XCAROLINA Event: March Madness Blitz Reception EVENT DATE: Thu.March 12,2020 EST PEOPLE: 150-0 START TIME: 03:00pm GUARANTEE: 0 END TIME: 05:00pm F&B MINIMUM: $0.00 EVENT TYPE: Lunch Business TAX EXEMPT: No SALESPERSON: JJ Oppegard BILL TO: S594t Name Phone Email Address Customer Chapel Hill/Orange (919)245-4323 mbarbera@visitchapelhill.org CH/Orange Cty Visitors Bureau County Visitors Bureau 501 West Franklin Street Chapel Hill,NC 27516 Contact Marlene Hampton mbarbera@visitchapelhill.org -- FACILITIES FUNCTION TYPE: Main Event TIME IN: 03:00pm TIME OUT: 05:00pm Subtotal ROOM: Alumni Hall I $1,500.00 SETUP: ROOM: Alumni Hall II $0.00 SETUP: ROOM: Alumni Hall III $0.00 SETUP: INSTRUCTIONS • *Setup-SEE DIAGRAM *CAROLINA CLUB provides Bev Station of Coffee,Iced Tea,and Water+Cash Bar *CAROLINA CLUB provides tables,linens,small china plates,glassware,forks,napkins,+2 hot boxes for vendors to use if needed. *VENDORS/VENUES-will provide their own food,Chafing Dishes, Serving Dishes and serving utensils. *3 Easels *Table Number Signs/stands on 18 cocktail tables near stage *CAROLINA CLUB provides laptop for screen/projector+ 1 podium mic+ 1 wireless handheld mic. *SEE DIAGRAM FOR LINEN COLORS *DJ will be providing music and emcee with his own equipment Initial: 7112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 • 1:00pm- Marlene/Host arrives for set up 1:15pm-Vendors begin arriving to set up food 3:00pm- Event/Reception Begins.Guests arrive 4:00pm-Raffle winner announced 5:00pm-Event concludes ***END OF FACILITIES SECTION*** MENU FUNCTION TYPE: Main Event TIME IN: 03:00pm TIME OUT: 05:00pm INDIVIDUAL MENU ITEMS 150 Beverage Station $0.00 Coffee,Decaf,Hot Tea,Iced Tea and Water Station INSTRUCTIONS • **CVB(Marlene Barbera)is coordinating with other venues and hotels in the area to determine what food they will be providing.Each venue must provide their own method of displaying their food and serving trays for food display and their own buffet pans serving tools,etc. VENUES ARRIVE @- 1:15-1:30-TOPO,Sheraton,Siena,Carolina Inn,Friday Center 1:30-1:45-EV,Franklin,Courtyard,Aloft 1:45-2:00-Cloth Mill,Lavender Oaks,AC,CHUI 2:00-2:15-Atma,Residence,Hyatt ***END OF MENU SECTION All F&B subject to service charge and sales tax. See signature page for details. BAR FUNCTION TYPE: Bar Service TIME IN: 03:00pm TIME OUT: 05:00pm LIST: Cash Bar Subtotal 150 House Brand Drinks $8 $0.00 150 Beer-Domestic$7 $0.00 Budweiser,Bud Light,Miller Lite,Yuengling and O'Doul's 150 Imported Beer $7 $0.00 150 Microbrews $8 $0.00 150 House Wine&Champagne$8 $0.00 150 Soft Drinks $5 $0.00 150 Each guest is charged per drink. $0.00 Total $0.00 ***END OF BAR SECTION*** Initial: 8112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 All F&B subject to service charge and sales tax. See signature page for details. EQUIPMENT LIST FUNCTION TYPE: Main Event TIME IN: 03:OOpm TIME OUT: 05:OOpm Subtotal 1 Computer Display Pkg-LCD,Remote,Cart, Screen and Power $0.00 cords 1 Podium and Microphone $0.00 1 Microphone-wireless hand held $0.00 1 Laptop $0.00 1 Specialty Rentals $310.00 FUNCTION TYPE: Magic Moment TIME IN: 03:OOpm TIME OUT: 05:OOpm Subtotal 300 Hourly Parking Vouchers @$1.95 each $585.00 ***END OF EQUIPMENT LIST SECTION*** SERVICES LIST FUNCTION TYPE: Bar Service TIME IN: 03:OOpm TIME OUT: 05:OOpm Subtotal 1 Bartender Service Fee $0.00 1 Cash Bar Cashier Service Fee @$30.00 per hour $0.00 ***END OF SERVICES LIST SECTION*** SPECIAL INSTRUCTIONS *Non-Member* *Table 701 Initial: 9112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 SPECIAL ORDER SPECIALTY RENTALS QUANTITY: 1 TOTAL PRICE: $310.00 INSTRUCTIONS: (18)cocktail tables-for vendors +(5)6-ft tables for food Initial: 10112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 Host has the option of paying for guest parking in the Rams Head Deck. Rams Head Deck is a 24 hour supervised parking facility adjacent to The Carolina Club. Hourly parking vouchers are available at$1.95 per voucher to be added to the bill. Any unused parking vouchers returned to the banquet manager on the day of function will not be charged. All details and Guaranteed Count Due 7 Working Days Prior to Event. When serving a Plated Meal and more than one Entree is selected, place cards for each guest must be provided by the host with meal indicators. Final counts are due 7 days prior to your event. Entree Counts for Plated Meals, including vegetarian, and other dietary needs, are due with the guarantee 7 working days prior to the event. Any additional entrees required the during the event will be charged$20 per entree. Menus must be finalized 2 Weeks prior to Event.All prices Subject to 20%Service Charge and NC Sales tax(if applicable.) Email your Private Event Director (Victoria @ victoria.harper('Oclubcorp.com or JJ Oppegard @ jj.oppegard@clubcorp.com) or Fax back to 919.962.1635 All food and beverage purchases are subject to an automatic 20% service charge, a portion of which may be distributed by the Club to certain food and beverage service employees. The service charge is not a tip or gratuity. Applicable taxes and fees, in addition to the service charge, will be added to all amounts due under this Agreement, including without limitation cancellation fees as liquidated damages. UacuSigned by: 2/2 8/2 0 2 0 CUSTOMER SIGNATURE: !73D4EFAC1BE410... vs 91� DATE: Initial Deposit Due by 01/17/2020: $0.00 Second Deposit Due by 01/12/2020: $0.00 Final Deposit Due by 03/12/2020: $0.00 Balance Due: $2,462.13 Initial: 11112 DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 CAROLINA CLUB -UNIV OF N.CAROLINA Proposal Summary Date: 01/10/2020 Event: March Madness Blitz Reception Date: 03/12/2020 Thursday Service Price Charge Tax Total Menu: $0.00 $0.00 $0.00 $0.00 Bar- Beer: $0.00 $0.00 $0.00 $0.00 Wine: $0.00 $0.00 $0.00 $0.00 Liquor: $0.00 $0.00 $0.00 $0.00 Other: $0.00 $0.00 $0.00 $0.00 Equip/Services: $895.00 $0.00 $67.13 $962.13 Non-Banquet: $0.00 $0.00 $0.00 $0.00 Room Rental: $1,500.00 $0.00 $0.00 $1,500.00 Subtotal: $2,395.00 $0.00 $67.13 $2,462.13 Initial Deposit Due by 01/17/2020: 0.00 Second Deposit Due by 01/12/2020: 0.00 Final Deposit Due by 03/12/2020: 0.00 Balance Due: $2,462.13 Initial: 12112