STANDARD BANQUET TERMS AND CONDITIONS
CONFIRMATION and ASSIGNMENT of FUNCTION SPACE: The function space assigned on BEOs, indicates the space that is tentatively being held and will be held on a definite basis upon signing of this BEO by both parties. The terms and conditions of any group sales or catering sales agreement previously signed regarding this event remain in force and this BEO is intended to provide specific function/event information in support of the original agreement. If for any reason the function space reserved is not available for your event, you agree that we may substitute space of appropriate size and comparable quality for your event. If you plan to print or publish the assigned space, please contact us first to confirm the room assignment.
GUARANTEE OF ANTICIPATED REVENUE: You must inform us of the exact number of people who will attend your Event by contacting your assigned Catering Manager in writing by 11:00 a.m., three (3) business days prior to the event. If an attendance guarantee is not provided three (3) business days in advance of event, expected number will become attendance guarantee. Final attendance guarantee cannot be decreased within three (3) business days prior to event. Food and Beverage menu selections cannot be changed within five (5) business days prior to event. The arrangements set forth on the BEO will serve as the final arrangements for your event. If the Event is held, but the Hotel does not realize the Total Minimum Anticipated Revenue from your Event, you agree to pay the contracted minimum. You will be charged based on the Event guarantee that you give us or the Total Minimum Anticipated Revenue indicated at the time you signed the Agreement, whichever is greater. If at the time of your event, your actual attendance increases above your guarantee, we will endeavor to serve no more than 5% of above your minimum guarantee and we may make reasonable substitutions in menus and you agree to such substitutions.
PAYMENT IN ADVANCE/TAXES: The terms and conditions of any group sales or catering sales agreement previously signed regarding this event remain in force regarding Deposits. You agree to pay separately any and all federal, state, municipal or other taxes imposed on or applicable to your event. In the State of Hawaii, service charges and public room rental are subject to an 4.166% tax.
For Catering Sales Event Agreements, a non-refundable prepayment is required at the time of contract signing. You agree to pay the entire remaining Total Anticipated Revenue in cash or by certified check at least thirty (30) days prior to your Event. If you prefer, all charges can be paid by credit card. Grand Wailea Resort Hotel & Spa accepts American Express, Diners Club, Discover Card, JCB International, Master Card or Visa.
SURCHARGE: If the guaranteed number for your event is less than twenty five (25) persons, a surcharge of $10.00 per person in addition to the price of the selected menu will be added.
OVERTIME: You agree to begin your functions promptly at the scheduled start time and agree to have your guests, invitees and other persons vacate the designated Event space at the end time indicated on the final Event Order. You further agree to reimburse us for any overtime wage payments or other expenses incurred by us because of your failure to comply with these requirements.
SERVICE CHARGE: 24% of the food and beverage total plus applicable state and/or local tax will be added to your account as a service charge. A portion of this service charge (currently 17.25% for limited & cocktail meal service or 18.00% for full meal service) will be fully distributed to waiters, waitresses, bus help and/or bartenders engaged in the Event. The remaining portion of the service charge (currently 6.75% for limited & cocktail meal service or 6.00% for full meal service) is being used to pay for costs or expenses other than wages and tips of employees and will be applied to Hotel administration costs. Please see further definition in your Sales or Catering Agreement, if applicable.
PRICE INCREASES: There may be increases in prices due to unforeseen changes in market conditions at the time of your Event. We will communicate these increases to you in advance. We will require written confirmation that you agree to pay these increased prices, or at our option we may make reasonable substitutions in menus and you agree to accept such substitutions.
SET UP CHARGES: Should extensive meeting room set-ups or elaborate staging be required, there will be a set-up charge to cover hotel cost and additional labor. If equipment is necessary that exceeds hotel’s inventory, then you agree to pay for the cost of renting this additional equipment. You agree to indemnify us for any damage caused to any hotel property as a result of drayage related to your event, whether caused by you, your agents, employees, contractors, or agents.
OUTSIDE FOOD AND BEVERAGE: You may not bring into the Hotel any Outside Food or Beverage.
MINORS: Due to Hawaii State Liquor Laws, anyone under 21 years of age must vacate the event premises at 10:00 pm; unless the minor is waiting to order or be served, or is consuming food and accompanied by his or her parent and/or legal guardian. The minor may not be within the premises after 12:00 midnight nor allowed to be on the dance floor after 10:00 pm. All minors will need to be set aside in an approved designated non-consumption area, where minors shall remain.
DISPLAYS AND DECORATIONS: We are not responsible for any loss or damage to property belonging to you or your attendees and do not maintain insurance covering it. All displays and/or decorations will be subject to our prior written approval and we reserve the right to contract and charge for Hotel staff to provide the labor for any installations or removals of such.
SECURITY: If required, in our sole judgment, in order to maintain adequate security measures in light of the size and/or nature of your Event, you will provide, at your expense, security personnel supplied by a reputable licensed guard or security agency doing business in the city or county in which we are located, which agency will be subject to our prior approval. Such security personnel may not carry weapons. Your security agency must sign a hold harmless, indemnification and insurance agreement in the form currently in use at Hotel in favor of Hotel, Hilton Domestic Operating Company Inc., Hotel’s Owner and Group, and provide proof of insurance in amounts acceptable to Hotel before they will be allowed to provide security services on Hotel premises. If you elect to hire security through the Resort, an hourly fee of $75.00 plus tax per guard per hour will be assessed, with a 4 hour minimum. Cancellations will incur applicable cancellation fees.
CONDUCT OF EVENT: You assume full responsibility for the conduct of all persons in attendance at your Event and for any damage done to any part of our premises during the time of your Event, whether caused by you, your agents, employees, contractors or attendees, including any damage resulting from or connected with transportation, placing, removal or display of exhibits, displays or other items related to your Event. You also agree that your Event will not create any disturbance to other guests or meetings, such as noise, smoke or fog machines, dry ice, confetti cannons, candles, incense, or any activity that generates smells. Hotel reserves the right to end your Event immediately if you do not comply with Hotel’s request to reduce or eliminate any such disturbance, and you will remain responsible for payment of all charges related to your Event and no refunds will be issued by Hotel. Should you require any rigging services for this Event, all such services must be arranged through the in-house audio-visual provider or the Hotel and you will be responsible for all costs associated therewith.
INDEMNIFICATION: To the fullest extent permitted by law, Group agrees to protect, indemnify, defend and hold harmless the Hotel, Hilton Domestic Operating Company Inc. and the Hotel’s Owner, and their respective owners, managers, partners, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the "Hotel Indemnified Parties"), from and against any and all claims, losses or damages to persons or property, governmental charges or fines, penalties, and costs (including reasonable attorney’s fees) (collectively, "Claim(s)"), in any way arising out of or relating to the Event that is the subject of this Agreement but only to the extent any such Claim(s) arise out of (i) the negligence, gross negligence or intentional misconduct of Group’s employees, agents, contractors, or attendees, or (ii) a violation or breach of any of the terms and conditions of this Agreement by Group or any related act or failure to act by Group, including but not limited to the obligation of compliance with applicable laws or regulations. Nothing in this indemnification shall require Group to indemnify the Hotel Indemnified Parties for that portion of any Claim arising out of the negligence, gross negligence or intentional misconduct of the Hotel Indemnified Parties. This section shall survive any termination or expiration of this Agreement.
FIRE SAFETY: You agree to obtain at your own expense and provide copies to the hotel of any and all necessary licenses, permits or approvals for your event, including, but not limited to, licensing, Fire Marshall, Health Department, or other permits.
No open flames are permitted in any indoor function room during any time of the event.
AUXILIARY AIDS: The Hotel represents that it contains accessibility features for individuals with disabilities and, where needed, the Hotel will provide equivalent facilitation, auxiliary aids and services, and reasonable modifications to policies and procedures to ensure that its guests have equivalent access to its goods, services, and accommodations. You agree that one week in advance of your Event, you will furnish to us a list of any auxiliary aids needed by your attendees in meeting or function space. Except as required by applicable laws, you agree that you will be responsible for the procurement and payment of all charges for any and all auxiliary aids. We will, upon your request, furnish you with the names of businesses you can contact to obtain these aids. You also agree to be responsible for compliance with the Americans with Disabilities Act in the set up and conduct of meetings for your Event.
DELIVERIES: Arrangements for delivery of packages should be made through the catering office. Receiving, handling and shipping charges may apply. No COD packages will be accepted. The Hotel policies on safe package handling are based on advice from the United States Postal Service (USPS) and the federal Centers for Disease Control and Prevention (CDC).
PROMOTIONAL CONSIDERATIONS: We have the right to review and approve any advertisements or promotional materials in connection with your function which specifically reference the name of the Hotel or a name or logo owned by a subsidiary of Hilton Domestic Operating Company Inc., including, but not limited to: Hilton, Hilton Hotels & Resorts, Hampton Inn, Hampton Inn & Suites, Doubletree, Conrad, Homewood Suites by Hilton, Home2 Suites, Hilton Grand Vacations, Embassy Suites Hotels, Waldorf~Astoria and Waldorf~Astoria Collection. You agree that we may share your meeting and meeting planner information with our third party providers who offer support services to groups holding events at our Hotel, including audio/visual services, decorators, florists, and others.
COMPLIANCE WITH LAWS: You agree to comply with all applicable federal, state and local laws, including health and safety codes and federal anti-terrorism laws and regulations. You agree to cooperate with Hotel and any relevant governmental authority to ensure compliance with such laws. You represent, warrant and agree that you are currently, and at the time of the event which is the subject of this contract will be, in compliance with all applicable local, state, federal regulations or laws, including but not limited to, all provisions of the Patriot Act and regulations or requests of the U.S. Department of Homeland Security and the Office of Foreign Assets Control in the U.S. Department of the Treasury.
COLLECTION/ATTORNEY'S FEES: 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 attorney's fees and costs, plus pre and post judgment interest, and that the provisions of Hawaiian Revised Statute §607-14 (http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0607/HRS_0607-0014.htm) or any other provision to the contrary shall not govern. 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.
AMENDMENTS/CHANGES: The parties agree that any amendments or changes to the arrangements described in this contract must be made in writing, signed by both you and us, provided, however, that this contract includes all signed or unsigned banquet event orders (and the terms and conditions contained therein and attached thereto) issued by us for this and related events.
INSURANCE: You agree to maintain insurance reasonably commensurate with all activities arising from or connected with your Event, including, but not limited to, general liability insurance, with limits not less than $2,000,000 per occurrence, covering personal injury, property damage, and other liability arising from your Event. You further agree to add Hotel, Hotel’s Owner, and Hilton Domestic Operating Company Inc. as additional insureds under all applicable policies for your Event. Please check with the Hotel to confirm which parties must be named as additional insureds on your insurance certificate(s). With respect to any claims or other liability for which you are responsible, your insurance will apply as primary to any insurance maintained by the Hotel Indemnified Parties.
Hotel agrees to maintain general liability insurance with limits not less than $2,000,000 per occurrence, covering liability for personal injury, property damage, liquor liability, and automobile liability, as well as Workers Compensation insurance per applicable laws and Employers Liability insurance.
Upon written request, each party shall make evidence of coverage available to the other party. For hotels that participate in Hilton’s general liability insurance program, proof of Hotel’s insurance coverage is satisfied by a Memorandum of Insurance available at: http://www.marsh.com/moi?client=0291. The Hotel can confirm whether they participate.
IMPOSSIBILITY. Neither party shall be responsible for failure to perform this Agreement if unanticipated circumstances beyond their reasonable 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. The affected party may terminate this Agreement without liability upon written notice to the other party within ten (10) days of the occurrence.