1. Assignment and Confirmation of Function Space: The function space assigned on the banquet event orders (EO) indicate the space that is tentatively being held and will be held on a definite basis upon signing of the EO by both parties. The terms and conditions of any group sales or catering sales agreement previously signed regarding the events remain in force and the EO 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.
2. Guarantee of Anticipated Revenue: At least 48 hours (two days) before your Event, you must inform us, in writing, of the exact number of people who will attend 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 performance damages to the Hotel. The damages owed will be the amount necessary for the Hotel to receive no less than 100% of the Total Minimum Anticipated Revenue from your Event (exclusive of gratuities, administrative charges, labor charges, applicable federal, state or local taxes or any other charges outside of food and beverage product sales). You will be charged based on the Event guarantee that you give us or the Total Minimum Anticipated Revenue indicated at the time you sign banquet event orders, whichever is greater. We will not undertake to serve more than 3% above this guaranteed minimum.
3. Cancellation: You may cancel events agreed to in your agreement only upon giving written notice to us. The parties agree and understand that in the event of a cancellation, our actual damages would be difficult to determine. Therefore, you agree to pay the following amounts to us upon notice of cancellation as liquidated damages:
• 90 days to 2 days prior to event: An amount equal to 75% of the anticipated food, beverage and meeting room rental
• Cancellation two business days or less in advance of the event: Payment in full of all charges. As products and services must be purchased and scheduled in advance, notification (2) business days or less before the event will require payment of all charges (including labor, gratuity, administrative charges, rentals and applicable taxes) for the final guarantee or contracted number of guests.
• Additional damages may be owed for cancellation of your sleeping room contract (if applicable).
4. Labor Charge: If the guaranteed number for your Event is less than twenty-five (25) persons, we will add a $125.00 labor charge to your account. This will be used to cover our costs of the Event and will not be distributed as a gratuity to our employees working at your Event.
5. 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.
There will be a charge for every additional half hour or fraction thereof, for each waiter, waitress, captain and where applicable, each bus helper and/or bartender who helps in the Event if service has not been completed:
• Breakfast/Continental Breakfast – After two (2) hours from the start of the Event, and/or if the Event begins prior to 8:00 AM, overtime charges will apply.
• Lunch – After two and a half (2 ½) hours from the start of the Event, with or without reception.
• Reception/Afternoon Tea – After two (2) hours from the start of this Event.
• Dinner/Supper – After three and a half (3 ½) hours from the start of the Event, not including reception.
• Dinner/Dance – After four and a half (4 ½) hours, provided that dinner services has been completed within three and a half (3 ½) hours, not including reception.
• Dance – After four (4) hours from the start of the Event, providing there is not food service.
• Overtime Rate – After completion of the time designated above, which is determined by the time service personnel have cleared and left the room, overtime charges will begin at the rate of $21.53 per half hour or increment thereof, per service personnel including all captains, waiters, bartenders and bus help assigned to this Event. When an earlier set up for linen or complete table set up is required, Group will incur a charge equal to $43.06 per man, per hour (minimum 2 hours).
6. 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.
7. Gratuity and Administrative Charge: The combined gratuity and administrative charge that is in effect on the day of your Event will be added to your bill. Currently, the combined gratuity and administrative charge is equal to 23.75% of the food and beverage, sundry and room rental total, plus applicable state and local tax. A portion of this charge will be a gratuity as calculated by the following formula and fully distributed to servers, and where applicable, captains and/or bartenders assigned to the Event:
• For functions held on the 4th floor and 18th floor Executive Meeting Center: The gratuity will be the greater of: (i) 16.9% of Food & Room Rental and 18.4% of the Beverage total, or (ii) 15% of 96.3% of the combined Food & Beverage, Room Rental, Audio Visual Commission & other charges which are required by our Union contract to be subject to the combined gratuity.
• All other Catering location Functions: The gratuity will be the greater of (i) 15.9% of the Food and Room Rental total and 17.9% of that amount in Beverage served for events inside the function room or 15% for all beverage service from a Service Bar; or (ii) 15% of 96.3% of the combined Food & Beverage, Room Rental, Audio Visual commission and other charges which are required by our Union contract to be subject to the combined gratuity.
For all functions, the remainder of the combined gratuity and administrative charge (currently 23.75%) will be an administrative charge. This administrative charge is not a gratuity and is the property of the Hotel to cover discretionary costs of the Event. We will endeavor to notify you in advance of your Event of any increases to the combined gratuity and administrative charge should different gratuities be in effect on the day of the Event pursuant to the applicable collective bargaining agreement.
8. Taxes: In addition to the Total Minimum Anticipated Revenue for your Event, 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 New York, currently the sales tax rate is 8.875%, and New York City Occupancy Tax: $2 Flat Fee, plus 5.875% of the room rental or 1.175% of total food and beverage revenue when no room rental exists. We will honor any available tax exemptions for which you qualify, provided that you properly complete and timely provide all documentation required by the applicable jurisdiction to substantiate said exemption.
9. Set Up Charges: Should extensive meeting room set-ups or elaborate staging be required, there will be a set-up charge to cover Hotel costs 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.
10. Outside Food and Beverage: Due to state law, you may not bring alcoholic beverages into the Hotel for your Event. You must obtain our prior approval before you bring any food or non-alcoholic beverages from outside sources into our Hotel. If approval is granted by Hotel, you must sign a hold harmless and indemnification agreement in the form currently in use at Hotel if food or beverage products not purchased from us and served by Hotel staff are brought in for consumption by your guests. Service fees will apply to any outside food or beverage served in our function space, regardless whether Hotel labor is required.
11. Displays and Decorations: Your Property: 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.
12. Outside Contractors / Audio Visual: Should you elect to utilize outside contractors or subcontractors on Hotel premises during your Event, including, but not limited to, a destination management company, audio/visual services, caterer, decorators, or others, you must notify us of your intention to use such providers at least thirty (30) days in advance of your Event. Your outside contractors must sign a hold harmless, indemnification and insurance agreement as in the attached Exhibit entitled “Hold Harmless Agreement – Outside Contractors” in favor of Hotel, Hilton Worldwide, Inc., Hotel’s Owner and Group, and provide proof of insurance in amounts acceptable to Hotel (amounts and types of insurance may be changed or increased in Hotel’s sole discretion based on the type of services the outside contractor will be providing) before your outside contractors will be allowed to provide services on Hotel premises.
Audio Visual (AV) technicians at our Hotel are PSAV employees and are covered by our collective bargaining agreement and its provisions. As such, work performed by you or on your behalf by an outside AV vendor/contractor cannot “adversely affect” a PSAV employee and a PSAV employee must be employed at Group’s expense for each outside AV vendor/contractor tech engaged at the prevailing rate.
13. 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 Worldwide, 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.
14. 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.
15. Fire Safety: For the safety of persons and property, no fireworks or incendiary devices may be used indoors at the Hotel. All room sets must be in compliance with the local Fire Department regulations including those pertaining to occupancy load, mandatory aisles, ceiling clearance and fire exits. Any Event that has vehicle displays, fog machines, fueled cooking demonstrations, lasers, exhibits (including tabletop) or extensive productions with staging and props, must have a certified permit from the local Fire Marshal. All associated fees for permits, floor plan approval and stand-by fire watch are your responsibility and final approved copies of all such permits must be provided to us at least three (3) days prior to your Event.
16. 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.
17. Porterage and Deliveries: The current 2015/2016 schedule of charges for both porterage and deliveries is as follows:
$3.01 per piece for luggage movement
$2.63 per guest round trip (in addition to per piece charge)
$1.75 per item placed inside of guestroom (amenities)
$1.75 per item slipped under guestroom door
$0.20 per individual bulk item (newspapers, etc.)
$8.00 per regular size box per movement
$10.50-$145.50 per crate, trunk, or rack per movement (prices are determined based on size and weight)
$0.50 per individual sticker to be placed on items.
Arrangements for delivery of packages should be made through your Event and/or Catering Manager. You must pre-pay all packages sent to Waldorf Astoria New York.
Additional Charges: In addition to the customary charges associated with your Event (for example, sleeping room rates, meeting room rental, banquet charge, audio-visual, etc.) the Hotel offers other services for which there may be charges or administrative charges either to the Group or the individual attendee (as applicable) and include, but are not limited to the following: Package Handling ($8.00 - $145.50 per item, per movement), Sign Making, Telephone Rental, Electrical Power, In-House TV Charges, Package Room Storage ($8.00 per item), Luggage Storage, Business Center, Banner Hanging, Private Locks, Parking, Labor for Audio-Visual and Electrical Requirements.
For the Delivery charges, $6.00 of the above amounts is retained by the Hotel as an Administrative Charge and the remainder is given to the employees as a gratuity.
18. 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 Worldwide, 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.
19. Compliance with Laws: Group represents warrants and agrees that Group is currently, and at the time of the Event that is the subject of this Agreement will be, in compliance with 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. Hotel may cancel this Agreement without any liability if in the Hotel’s sole, reasonable determination, Hotel believes that it is necessary to do so in order to comply with its obligations under such applicable laws, rules or regulations.
20. Dispute Resolution: The parties agree that subject to the exclusion of intellectual property matters as set forth below, any dispute in any way arising out of or relating to this Agreement will be resolved by arbitration using one arbitrator before JAMS or the American Arbitration Association in the state and city in which the Hotel is located, or the closest available location; 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. The parties further agree that in any arbitration proceeding they may conduct reasonable discovery pursuant to the arbitration rules, that the law of the state in which the Hotel is located will be the governing law, and any arbitration award will be enforceable in state or federal court.
21. Disputes Involving Credit Card Payments: As a condition of Hotel agreeing to accept your credit card as an approved form of payment for all master account charges, you specifically agree to waive any rights you may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under your credit card issuer’s procedures for resolving such disputes) to receive a temporary credit from your credit card issuer for disputed charges arising from your credit card transactions with Hotel (commonly referred to as a “chargeback”). You agree that any disputes that you may raise with respect to any master account charges must be addressed directly by you and Hotel, and the parties agree to work in good faith to resolve any such disputed invoices in a timely manner. Any dispute that cannot be timely resolved to the mutual satisfaction of the parties shall be submitted to arbitration in accordance with the arbitration provisions as contained in this Agreement.
22. Collection / Attorney’s Fees: The parties agree that in the event that 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. If the Hotel retains the services of a collection agency or attorney to assist in the collection of any amounts due under this Agreement, you will pay all expenses incurred by us in such collection efforts.
23. Indemnification: To the fullest extent permitted by law, you agree to protect, indemnify, defend and hold harmless the Hotel, Hilton Worldwide 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, and regardless of negligence, including, but not limited to, Claims arising out of the negligence, gross negligence or intentional misconduct of Group’s employees, agents, contractors, and attendees; provided, however, that nothing in this indemnification shall require you to indemnify the Hotel Indemnified Parties for that portion of any Claim arising out of the sole negligence, gross negligence or intentional misconduct of the Hotel Indemnified Parties.
24. Insurance: You agree to maintain insurance reasonably commensurate with all activities arising from or connected to your Event, including, but not limited to, Commercial General Liability insurance with limits not less than Two Million US dollars ($2,000,000 US) per occurrence covering property damage, products-completed operations, and liability assumed under an insured contract, including the tort liability of another assumed in a business contract. You agree to add Hotel Indemnified Parties as additional insureds under all applicable policies for your Event, and your insurance will apply as primary to any insurance maintained by the Hotel Indemnified Parties. You agree not to endorse or change your insurance to make it excess over other available insurance. Neither your failure to provide, nor our failure to obtain, proof of compliance shall act as a waiver of any of term in this Agreement.
25. Severability: Any provision in this Agreement that is held to be illegal or unenforceable in any jurisdiction shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions, and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. Failure of Hotel to enforce any term or condition of this Agreement does not waive Hotel’s right to enforce that or any other term or condition at any time.
26. 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, shortage of commodities or supplies to be furnished by the Hotel, governmental authority, 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 providing written notice to the other party within ten (10) days of any such occurrence.