EXPRESS AGREEMENT (USA)
EXPRESS AGREEMENT (USA)
ADVISORY: BEFORE SENDING TO CUSTOMER, DETERMINE WHICH OPTIONAL PROVISIONS TO INCLUDE AND DELETE ALL UNUSED OPTIONS AND ALL RED TEXT. IF YOU SEND THE DOCUMENT VIA EMAIL, SAVE IT AS A NEW DOCUMENT OR ELSE THE CUSTOMER MAY BE ABLE TO VIEW THE DELETED ITEMS.
KEY TERMS:
· Business Rule: To be used for room only blocks, small meetings and/or catering events small meetings and events up to the value of $20,000 USD
· Event may be booked directly with the Group or through Group’s third party planner/agent, so commissions can be paid to an agent (if applicable)
· Event Planner can earn Event Planner HHonors Bonus Points (if applicable)
· No subsidies or rebates or housing company fees may be paid (must use Quick Confirmation Agreement or Catering Sales Event Agreement as applicable)
· Hotels are strongly advised to require an initial “earnest money” deposit -- Hotel to set the amount of the deposit on a case-by-case basis. We recommend that the deposit is fully refundable up to 14 days in advance of the Event – but if Group cancels less than 14 days before the event, Hotel retains the deposit
· Group must provide a valid credit card at time of booking. Hotel should validate the credit card at time of contracting even though charges won’t be processed at that time to ensure that a valid credit card has been provided
· Group may cancel the event at any time and without liability for paying any cancellation damages up to eight (8) days* in advance of Arrival Date (*nonrefundable deposits (when Group cancels less than 14 days before the event) are retained by the Hotel)
· No indemnity clause (since we don’t require group to indemnify Hotel from claims caused by their attendees for this small meetings event offering, we won’t entertain requests to add a mutual indemnification clause)
· No insurance clause (for either group or Hotel)
· No binding arbitration clause (it’s often too expensive to arbitrate a small value booking)
· To expedite booking process, only the Group’s signature is needed to make the contract a binding commitment for both parties (unless Group alters the contract, of course)
IMPORTANT: Hotel should use the standard Express Agreement template with no modifications. You would simply tell the group that we have another booking solution if they insist on extensive edits or the use of their own Addendum (must use Quick Confirmation Agreement). Since this offering provides the group with the flexibility to book now and cancel without paying damages up to 8 days prior to arrival, they should be highly motivated to see the merits of this expedited booking opportunity. Refer to the Express Agreement Guidance Notes for more detail about this small value event offering.
FRANCHISE DISCLAIMER: THE ENCLOSED MATERIAL IS PROVIDED BY HILTON WORLDWIDE, INC. FOR INFORMATIONAL PURPOSES ONLY, WITH THE UNDERSTANDING THAT HILTON WORLDWIDE, INC. IS, BY THE PROVISION OF THESE MATERIALS, NOT ENGAGED IN THE RENDERING OF LEGAL OR OTHER PROFESSIONAL ADVICE OR SERVICE. THE INFORMATION CONTAINED HEREIN IS BASED UPON SOURCES BELIEVED TO BE ACCURATE AND RELIABLE; AND WE HAVE EXERCISED REASONABLE CARE TO ASSURE THE ACCURACY OF THE INFORMATION. HOWEVER, HILTON WORLDWIDE, INC. MAKES NO REPRESENTATION OR WARRANTY AS TO SUCH ACCURACY. THESE MATERIALS WERE PREPARED BY US FOR PERSONNEL OF HILTON'S OWNED AND MANAGED HOTELS. THESE MATERIALS ARE MADE AVAILABLE TO FRANCHISEES AS A RESOURCE ONLY. AS A FRANCHISEE, YOU RETAIN ULTIMATE CONTROL OVER THE POLICIES AND PROCEDURES THAT YOU CHOOSE TO IMPLEMENT AT YOUR HOTEL REGARDING THE SUBJECTS AND ISSUES ADDRESSED IN THESE MATERIALS, INCLUDING SETTING YOUR TERMS OF SALE. BY PROVIDING THESE MATERIALS, HILTON DOES NOT INTEND TO EXERCISE ANY DIRECTION, OVERSIGHT OR CONTROL OVER YOUR POLICIES, AND PROCEDURES, OR YOUR TERMS OF SALE. FOR ALL OF THE ABOVE REASONS, YOU SHOULD CONSULT YOUR OWN ATTORNEY OR OTHER APPROPRIATE PROFESSIONAL FOR ADVICE CONCERNING COMPLIANCE WITH ANY LEGAL REQUIREMENT. BY PROVIDING YOU WITH ACCESS TO THIS DOCUMENT FOR INFORMATIONAL PURPOSES ONLY, HILTON WORLDWIDE INC. IS NOT WAIVING ANY ATTORNEY/CLIENT PRIVILEGE.
Group Name: [Insert Full Legal Name of Group](“Group” or “you” or “your”) / Hotel Owner Name: [Insert legal name of hotel owner], d/b/a
Hotel Name: [insert hotel name],
(collectively, “Hotel” or “we” or “our” or “us”)
By: [insert Hilton management entity name], its Managing Agent
Group Mailing Address: / Hotel Address:
Group Contact: / Hotel Contact:
Title: / Title:
E-mail address: / E-mail address:
Phone: / Phone:
Name of “Event”: / Post to Reader Board:
Please review the Event Details outlined below to ensure that this accurately reflects your requirements under this “Express Agreement.”
ROOM BLOCKSLEEPING ROOMS and RATES (if applicable)
DAY/DATE/
YEAR / STANDARD / Superior / Deluxe / SUITES / DAILY TOTAL
ROOM NIGHTS
Room Count & Rate / Room Count & Rate / Room Count & Rate $ / Room Count & Rate
Single / Double / Single / Double / Single / Double / Single / Double
dd/mm/yyyy / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / amount
dd/mm/yyyy / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / rooms> @ $ / amount
TOTAL SLEEPING ROOM NIGHTS RESERVED: <enter total room night count
Sleeping room rates as noted in the “Room Block” above are quoted exclusive of applicable state and local taxes, fees and assessments.
Check-in time is 4:00 pm; check-out time is 11:00 am. Early check-in & late check-out are subject to availability and our approval.
CHECK ONE: Sleeping room rates as noted in the “Room Block” above are quoted net, non-commissionable or commissionable.
CHECK ONE: Room and tax will be paid by individuals or charged to Group’s Master Account.
SCHEDULE OF EVENTS AND FUNCTION SPACE CHARGES:
Date / Start Time / End Time / Function / Room* / Setup / Agr / Room Rental / Ant Food / Ant Beverage*Subject to change without notice.
Ant = Anticipated; Agr = Number of Attendees
Meeting Package Information: [DELETE IF NOT APPLICABLE]
This Event is based on a minimum number of amount meeting attendees per day.
Meeting Package Rate of $amount, which includes the following: [List the items provided in the package such as]
· Meeting Room (09:00am – 5:00pm)
· Note Pad and Pencil (placed in back of meeting room)
· Flipchart with Markers
· Beverage Service (coffee/tea/sodas/water service)
· Continental Breakfast or Deli lunch
· AM or PM Break
Meeting Package Rates are quoted exclusive of applicable state and local taxes, fees and assessments.
Taxes: You agree to pay any and all applicable federal, state, municipal or other taxes, fees, or assessments imposed on or applicable to your Event. In the State of name of state, currently the sales tax rate is amount%, and the hotel occupancy tax rate is amount%.
Resort Fees: (DELETE ONLY IF NOT APPLICABLE) Sleeping room rates are quoted exclusive of applicable resort fees. Therefore, in addition to the sleeping room rates set forth in this Agreement, there will be a daily resort fee, currently $amount per room, per night, plus applicable state and local tax, that will be posted to all guest rooms to cover the following:
(INSERT LIST OF ITEMS/AMENITIES THAT ARE COVERED BY RESORT CHARGE)
Group shall be solely and fully responsible for informing Group’s attendees of all applicable daily resort fees and service fees, as such fees are separate and distinct from the sleeping room rate and applicable taxes. Should any attendee object to paying for an automatic charge [such as a daily resort fee and taxes (if any) thereon, etc.] on the basis of inadequate notice of the fee, the fees to which such guest objects shall be posted to the Group’s Master Account. The Hotel will endeavor to advise guests who make reservations directly with the Hotel of applicable daily resort fees and service fees.
[Do not merely state that your hotel will impose a “22% service charge of the food and beverage total plus applicable taxes will be added to your account” if some of the 22% charge will be distributed to tipped banquet staff. You must fully disclose which portion of the charges will be distributed to banquet staff/servers and which portion will be retained by the hotel as a service charge. NOTE: hotels in Hawaii, Massachusetts, New York State, New York City, and Los Angeles City must use the appropriate disclosure clause for their state/city due to laws in those jurisdictions regarding different gratuity and service charge clauses that must be in the sales contract.]
Gratuity and Service Charge:The combined gratuity and service charge that is in effect on the day of your Event will be added to your account. Currently, the combined charge is equal to amount>% of the food and beverage total, plus any applicable state and/or local taxes. A portion of this combined charge (currently amount>%) is a gratuity and will be fully distributed to servers, and where applicable, bussers and/or bartenders assigned to the Event. The remainder of the combined charge (currently amount>%) is a service charge that is not a gratuity and is the property of Hotel to cover discretionary and administrative costs of your Event.
Supplemental Surcharges: Supplemental surcharges are charges added to your Master Account bill to pay for costs incurred by the Hotel in connection with additional equipment, administration, and staffing necessary for the Event. These surcharges will be solely retained by the Hotel and are not distributed to hourly or tipped employees. Examples include, but are not limited to, early sets, late end times, outdoor venues, resets, refreshes, cleaning and other service that require staffing above normal levels and/or services outside of the normal scope contracted and paid products and services.
Event Planner Bonus Program (if applicable):
Full Name of “Event Planner”: [person’s full name]
HHonors Account #: [account #]
Event Planner is eligible to earn one HHonors bonus point for every eligible dollar spent, up to a maximum award of 100,000 HHonors bonus points.
Commissions (if applicable): Full Legal Name & Address of “Meeting Planner” eligible to receive commission payment: [planner name and address]
Summary of Revenue Anticipated by Hotel from this Agreement: The following chart illustrates the total potential value of your Event.
[List the amount of revenue Hotel would receive if group filled the total room block and met the F&B commitment. Make sure your calculations reflect the number of rooms times each rate level but do not include the number of complimentary standard rate rooms that would be earned if the block were sold out. DO NOT LET CUSTOMER CHANGE THE FIGURES TO REFLECT ALLOWABLE ATTRITION OR OTHER DEDUCTIONS (i.e., if sleeping room revenue commitment is $10,000 and allowable attrition is 20%, do NOT write $8,000 in the chart.]
Summary of Revenue Anticipated by Hotel from this AgreementTotal Anticipated Sleeping Room Revenue: / $
Total Anticipated Meeting Package Revenue: amount attendees @ $amount> per attendee / $
Total Anticipated Food and Beverage Revenue:
Total Anticipated Food and Beverage Revenue does not include gratuities, service charges, supplemental surcharges, applicable federal, state or local taxes or any other fees outside of food and beverage product sales. / $
Total Anticipated Meeting Room Rental Fees:
Any discounts on Meeting Room Rental Fees are based on Group’s achievement of performance requirements. / $
Estimated Ancillary Revenue:
Estimated Ancillary Revenue is the historical average group room folio amount at the Hotel from the prior year period, multiplied by the Total Sleeping Room Nights Reserved by Group as indicated above. Estimated Ancillary Revenue is only used for purposes of calculating applicable cancellation damages owed by Group. / $
Estimated Total Resort Fees: DELETE IF RESORT FEES ARE NOT APPLICABLE / $
“Total Anticipated Revenue”: / $
Reserving Your Room Block (if applicable): In order to assign specific room types to your attendees, each sleeping room in your Room Block must be confirmed no later than date. This date will be known as your “Cut-Off Date.” After the Cut-Off Date, you agree that Hotel may offer unused bedrooms held in your Room Block to other customers to reduce Hotel’s losses and your obligations under the performance damages clause. Confirmation of rooms after the Cut-Off Date will only be accepted based on availability and at the prevailing Hotel rate. To confirm a sleeping room within your Room Block, the sleeping room must be secured with a valid credit card provided by you or the guest attending your Event, along with a first night's deposit, (choose one:) <refundable up to [amount] days in advance of arrival date or which is nonrefundable. Should you secure sleeping rooms with your credit card, your attendees may thereafter provide their own credit card information for their own sleeping rooms. Your advance payments and deposits will be refunded by us to you within 30 days after completion of your Event if sleeping rooms you paid for in advance were later paid for by your attendees. If all the sleeping rooms within your Room Block are confirmed using one credit card on or before the Cut-Off Date, you will be required to submit a rooming list containing the name of the guest who will occupy each sleeping room, along with the guest’s address.