L AS V E G A S CORPORATE GROUP SALES AGREEMENT

Transcription

1 L AS V E G A S CORPORATE GROUP SALES AGREEMENT The following represents an agreement between Las Vegas Embassy Suites and Columbia Pictures Industries, Inc. and outlines specific conditions and services to be provided. This agreement has been prepared on Tuesday, June 24, ORGANIZATION: CONTACT: NAME OF EVENT: Columbia Pictures Industries, Inc. Dave Jacobson Production Supervisor West Washington Blvd. Culver City, CA Phone: davejmallcop@gmail.com Columbia Pictures Industries, Inc. OFFICIAL PROGRAM DATES: June 26, July 04, 2014 GUEST ROOM COMMITMENT The hotel agrees that it will provide and Columbia Pictures agrees that it will be responsible for utilizing the total number of room nights as indicated below: Run of House Thu 06/26 26 Fri 06/27 34 Sat 06/28 29 Run of House Sun 06/29 20 Mon 06/30 16 Tue 07/01 16 Wed 07/02 5 Thu 07/03 1 Total Number of Rooms: 147 All guestrooms are run-of- the house unless otherwise set forth. Guest room types cannot be guaranteed and rooms will be reserved on a first-come, first-served basis. GROUP ROOM RATE Based upon Columbia Pictures s total program requirement, as outlined in this agreement, Hotel is pleased to confirm the following group rates (net of all taxes): 6/26/14-6/28/14 Room Single Rate Run of House $159 6/29/14-7/3/14 Room Single Rate Run of House $109 TOTAL ANTICIPATED ROOM REVENUE: $20,473.00

2 Hotel room rates are quoted per room per night and are subject to applicable state and local taxes at time of check in. Taxes are currently 12% plus applicable charges. Hotel room rates are based on guest-room commitment and length of stay; changes to guest room commitment or length of stay may result in changes to group room rate. ADDITIONAL ROOM Hotel and Group agree that additional rooms may be added to their room block by others affiliated with Group, including, but not limited to entertainment news sources, or additional support staff. Rooms must be requested by Group directly regardless of form of payment. Additional sleeping rooms will be based on availability of rate and room availability. A maximum amount of 15 One Bedroom Suites per night, based on room availability will be offered at the contracted rate. Room requests above 15 One Bedroom Suites, not outlined in this Agreement, may be subject to prevailing rate. Additional requested rooms will be counted toward Group s attrition percentage. AMENITIES The following amenities are included with your stay: *Full cooked-to-order breakfast *Reception from 5:30-7:30pm nightly including snacks *Shuttle transportation to and from the strip *All two-room suites COMMISSIONS The rates quoted in this letter of agreement are net, non-commissionable. GUARANTEED RESERVATIONS Columbia Pictures agrees that all reservations will be guaranteed. Individuals can guarantee reservations with first night s prepayment or a credit card guarantee. An established Master Account or an approved corporate credit card can also guarantee rooming list reservations or individual reservations. This means that Columbia Pictures will be responsible for payment of one nights room and tax for all reserved rooms held beyond the 48 hour individual reservation cancellation policy. All credit card guarantees must be submitted on hotels approved credit card authorization form. HOTEL RELOCATION PROCEDURE In the unlikely event that the Hotel is unable to provide a guest room to an attendee with a confirmed reservation on the day of arrival, the Hotel will provide for that attendee (a) accommodations at a comparable hotel as close as possible, comparable room type and at no charge to the guest for one night room and tax and any rate difference for additional nights the guest is displaced from the Hotel, (b) One daily complimentary round trip ground transportation between Hotel and the alternate hotel, (c) The Hotel will make necessary arrangements for the displaced guest s telephone messages and mail to ensure that they are properly forwarded (d) Group will receive credit for any guests displaced toward its pick up for purposes of this Agreement (e) If a room of a displaced guest s room type becomes available at the Hotel for the displaced guests and the guests elects not to return to the Hotel, the Hotel will have no further obligations under this clause. Determination of a comparable hotel is the hotel s sole discretion. CHECK-IN/CHECK-OUT Check-in time is 3:00pm. While the Hotel will make every reasonable effort to accommodate guests who arrive before the check-in time, guest-rooms may not be immediately available. Baggage storage will be available. Check-out time is 12:00pm. Late check-out requests will be reviewed based on hotel demand. A late departure fee at a minimum of $50.00 per room may apply if room is not vacated by12:00pm. Baggage storage will be available. PARKING Parking is provided on a complimentary basis.

3 METHOD OF PAYMENT Payment of the Master Account must be made by credit card subject to approval by the Hotel s Accounting Department. For payment by credit card, complete the attached Credit Card Authorization form and return it to the Hotel with the signed agreement. Hotel will pre-authorize credit card provided for full estimated charges, ten (10) business days prior to group arrival. MASTER ACCOUNT CHARGES Columbia Pictures will be responsible for room and tax charges incurred by attendees. Individual attendees will be responsible for their incidental charges upon check-out. Columbia Pictures will be responsible for all other charges incurred pursuant to this agreement. ROOMS ATTRITION Hotel is relying on Columbia Pictures to use 147 Room Nights agreed upon in the Guest Room Commitment. Columbia Pictures agrees that a loss will be incurred by Hotel should there be a reduction greater than 30% in Total Room Nights used. Should the room nights actually used by Columbia Pictures be less than 70% of the Total Room Nights, Columbia Pictures agrees to pay, as liquidated damages and not as a penalty, the difference between 70% of the Total Room Nights and Columbia Picture s actual usage of rooms multiplied by the average group rate plus any applicable taxes. Should the Hotel determine that any portion of Group s Room Block not confirmed as of the Reservation Cut-Off date is available for resell, the Hotel will attempt to sell the unused portion of the Room Block and, if a Group room is resold, Group s attrition charges shall be reduced by the room rate received on each Group room sold, up to the rate for said room set forth in this Agreement in accordance with Room Block Attrition paragraphs above. If unused Group rooms are returned to Hotel inventory for attempted resale, Group rooms shall be the last in the Hotel s inventory to be sold. FUNCTION SPACE To date, Hotel is not holding any function space for Columbia Pictures. FOOD AND BEVERAGE All food and beverage must be supplied and prepared by the Hotel, including any food and beverage service for any Hospitality Suites. Absolutely no outside food and beverage is permitted in the meeting rooms or first floor atrium level. If outside food and beverage is consumed in meeting rooms or atrium area, Columbia Pictures will be charged a $50.00 per person service fee based on the guaranteed attendance. Food and beverage purchased at the Hotel may not be removed from the premises due to health department regulations and applicable alcoholic beverage laws and regulations. If alcoholic beverages are to be served on the hotel premises, (or elsewhere under the hotel s alcoholic beverage license), the Hotel will require that alcohol be provided by the Hotel and that such beverages be dispensed only by hotel servers and bartenders. Alcoholic beverage service may be denied to those guests who appear to be intoxicated or are under age. GRATUITY AND TAXES All banquet charges are subject to a 22% gratuity. Nevada Sales Tax is applicable on the total charges. Labor charges, such as bartender fees, wait staff fees and room rental charges are subject to applicable gratuity and tax. Groups claiming tax exemption privileges must submit a copy of tax exemption form when the Agreement is returned. A fifty-dollar ($50.00) service charge will be applied to food and beverage functions of less than twenty five (25) people. SIGNAGE/DISPLAYS Any items to be put on, affixed to or placed upon any meeting room or lobby walls, or directional signs, as well as the materials to affix such, are subject to approval by the hotel prior to instillation or display.

4 Columbia Pictures is responsible for any damage caused by signage/displays and/or loss of signage/display. Hotel has the right to remove any objectionable material and hotel may cancel event without penalty. Determination of what constitutes objectionable material is in the hotel s sole discretion and the hotel is released from liability associated with the cancellation of the event. PACKAGE SHIPPING AND RECEIVING Arrangements for delivery of packages should be made through your designated Event Manager. Receiving, handling an shipping charges may apply. Should you be shipping boxes prior to your visit, they must be addressed to your attention care of the Hotel. Please include hold for arrival date with the applicable date. Due to limited storage space, there will be a storage fee of $5.00 to receive each package under 15 lbs., $10.00 per each package that is 16 to 30 lbs., $20.00 per each package that is 31 to 50 lbs., and $ $0.80 per each additional lb. to receive each package over 50 lbs. An additional fee fo $10.00 per day will be charged for each package left in storage after arrival date of guest. CANCELLATION The sleeping room rates offered by us are based upon the total gross revenue anticipated by us from your agreement to use and pay for the rooms set forth in this Agreement. You guarantee that your Event will provide the Total Anticipated Sleeping Room Revenue. You agree and understand that, in the event of a cancellation or lack of full performance by you, our actual damages would be difficult to determine. Therefore, you agree that should you cancel your Event for any reason other than due to a Valid Impossibility Occurrence, including changing your meeting/function site to another hotel, you will pay as liquidated damages and not as a penalty, a percentage of the Total Anticipated Sleeping Room Revenue for your Event, plus any applicable state and/or local taxes as required by law, calculated as follows: Date of Hotel s Receipt of Cancellation Notice Percentage of Cancellation Damages Owed Cancellation between 29 days or less: 70% Payment of cancellation damages is due at the same time that you deliver your written notice of cancellation to the Hotel. We may consider your notice of cancellation to be invalid and thus may not release accommodations held until payment of the applicable cancellation damages is received; therefore delay in payment may result in higher cancellation damages owed. Additional damages may be owed for cancellation of your catering room contract or Banquet Event Order (if applicable) IMPOSSIBILITY: Neither party shall be responsible for failure to perform this Agreement if circumstances beyond their control (including, but not limited to; acts of God, terrorist attacks in the city in which Hotel is located, or declared war in the United States) make it illegal or impossible for the Hotel to hold the Event and with reference to production known as Mall Cop: Blart 2 where it is Commercial Impracticable (a legally defined standard that means that performance is made virtually impossible due to an unexpected circumstance.) The affected party may terminate this Agreement without liability upon written notice to the other party within ten (10) day so the occurrence. COMPLIANCE WITH LAW This agreement is subject to all applicable federal, state, and local laws, including health and safety codes, alcoholic beverage control laws, disability laws, and the like. Hotel and Columbia Pictures agree to cooperate with each other to ensure compliance with such laws. CHANGES, ADDITIONS, STIPULATIONS, OR DELETIONS Any changes, additions, stipulations, or deletions, including corrective lining out by either Hotel or Columbia Pictures, will not be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing by the other. CONDUCT Customer agrees to conduct the functions in an orderly manner in full compliance with applicable laws, regulations and Hotel rules. Customer assumes full responsibility for the conduct of all persons in

5 attendance and for any damage, loss or liability incurred. In addition, in the event the conduct of the attendees at the function causes the Hotel to offer a concession to another group staying at the Hotel, Customer agrees to be responsible for the reimbursement to the Hotel for any concession offered to the other group. In the event the conduct of the attendees at the function is determined, in the Hotel s sole discretion, not to be orderly or in full compliance with applicable laws, regulations and/or Hotel rules, Hotel reserves the right to immediately terminate this contract without penalty and attendees at the function must leave the premises when instructed to do so. In the event this contract is terminated due to the conduct of the attendees of the event, Hotel shall be released from all liability associated with the contract termination. Further, in the event the Customer misrepresents the nature of the event and the content of the events is determined to be objectionable, in Hotel s sole discretion, Hotel has the right to immediately terminate this contract, without penalty and Hotel is released from all liability associated with contract termination. GOVERNING LAW/LITIGATION EXPENSES The Agreement will be governed by and interpreted pursuant to the laws of the state in which Hotel is located, excluding any laws regarding the choice or conflict of laws. The parties agree that if any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable outside attorney s fees and costs, plus pre and post judgment interest. If we retain the services of a collection agency or attorney to assist in the collection of any amounts due to us under this Agreement, you will pay all expenses incurred by us in such collection efforts. DISPUTE RESOLUTION The parties will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to this Agreement by presenting the dispute to senior representatives of Hotel and Group for their discussion and possible resolution in the order set forth herein; provided, however, a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, and/or infringement of intellectual property rights shall not be subject to this provision. All negotiations pursuant to this section are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If within a period of thirty (30) calendar days after submission of a disputed matter in accordance with this clause, the respective senior representatives are unable to agree upon a resolution of such dispute, then either party may give notice to the other party of its intention to pursue arbitration. Arbitration of disputes arising out of or in connection with this Agreement will be resolved using on arbitrator before JAMS or American Arbitration Association in the state and city in which Hotel is located, or the closest available location. The parties further agree that in any arbitration proceeding, they may conduct reasonable discovery pursuant to the arbitration rules, and any arbitration award will be enforceable in State or Federal court. DECISION DATE The arrangements outlined in this agreement will be held on a first option basis until June 25, 2014, the Decision Date, by which date the Hotel must receive a signed copy of this agreement. However, should another organization request these dates and be in a position to confirm immediately, Columbia Pictures will be advised and given 24 hours to confirm on a definite basis. Should the Hotel not receive a signed copy of this agreement by the date set forth, the Hotel reserves the right to release all space for resale. AGREEMENT SIGNATURES This agreement shall become effective as of the date it is fully executed by both parties, provided that such execution occurs before June 25, Until that effective date, no space or guest room

6 arrangements described herein are binding on the Hotel. This agreement shall not be assigned. After this agreement has been properly executed by an authorized representative of the Columbia Pictures, this agreement shall be returned to the Hotel by the decision date for acceptance and execution by an authorized representative of the hotel. Accepted and Authorized by: Columbia Pictures Industries, Inc. Name Title Date Signature Accepted and Authorized by: Las Vegas Embassy Suites Brian Bell Sales Manager _ Date Signature Director of Sales Signature An ASHFORD TRS CORPORATION