CONTRACT TERMS AND CONDITIONS
This Service Contract is prepared between The Ritz-Carlton, Grand Cayman Destination Services Department (“RCGC”), and the company indicated within this Service Contract (“Client”). Upon signature of the Service Contract, the “Client” hereby engages “RCGC” to make all necessary arrangements for a group of individuals associated with the “Client” to partake in the services described herein. If additional services are requested or if “RCGC” and the “Client” make changes to this Service Contract, an addendum will be provided.
Gratuities: For your convenience, all required gratuities are included in packaged prices unless otherwise noted. Additional gratuities for exemplary performance are left to the “Client’s” discretion.
Price and Service Availability: All prices and availability are subject to change without notice and are held on a tentative status until the “Client” signs and returns this Service Contract, “RCGC” receives any required deposits, and all services are confirmed with the suppliers. If a supplier cannot provide the requested activity or services, or the supplier increases its prices before confirmation, “RCGC” will notify the “Client” immediately and will make any mutually agreed price or service adjustments. Any nonrefundable deposits paid to suppliers or expenses incurred on behalf of the “Client” will be billed to the client in the full amount regardless of cancellation notice.
Guarantee Policy: This Service Contract contains attendance and event duration definitions for some services. Pricing is based on this information. All services require a 30-Day advance guarantee of services and participation guarantees are required 14-Days in advance of program start date. All reservations are held on a tentative basis only and will be confirmed and guaranteed upon receipt of a signed Service Agreement and received deposit if applicable. In the event a supplier cannot perform the contracted services, The Ritz-Carlton, Grand Cayman Department reserve the right to reschedule activities and events with the “Client's” approval.
Payment Schedule:
Payments
All outlined payments for the Destination Service’s Service Contract must be submitted by the dates as indicated in The Ritz-Carlton, Grand Cayman’s Hotel Contract, in full, in order to avoid financial penalty on the outstanding principle amount or cancellation of elements of this Service Contract.
Penalty
The penalty amount for delinquent payment will be charged as indicated in the payment terms of The Ritz-Carlton, Grand Cayman’s Hotel Contract.
Decor & Entertainment
- Expenses: Trucking and labor is not included. Trucking and set/strike labor estimates are based on the scope of the package and the event timing. Should order be contracted within 14 days prior to event, additional labor and trucking charges will likely apply. Additional labor charges ($75 per hour) may also apply if set/strike windows are not defined or are changed within 14 days of the event.
- Centerpieces: Centerpieces are priced based on a purchase of the actual flowers/perishables and rental of the container. Replacement charges will apply for missing containers. Separate quotes are available for the purchase of the centerpiece including the container.
- Entertainment: No entertainer availability is guaranteed until contracted. Courtesy holds are available upon request. Additional charges apply for early sets, overtime and moving from one location to another during the event. Musician rates include basic sound. Entertainer rates are higher on Sundays and holidays.
- Damage Clause: Client responsible damages incurred to the props, décor, linen and other above rental items by client guests’ negligence and will be billed in full on a follow up invoice.
Property Damage/Loss: The “client” assumes and shall bear the entire risk of loss or destruction of, or damage to the equipment from any cause whatsoever, whether or not insured. No such loss or damage relieves the client from any obligation under this contract. The client agrees to promptly notify The Ritz-Carlton in writing of any loss or destruction or damage to the equipment and the client will, at The Ritz-Carlton’s option, (a) repair the equipment to good condition and working order, (b) replace the equipment with like equipment in good repair, condition and working order, acceptable to the client and transfer clear title to such replacement equipment to The Ritz-Carlton, such equipment shall be subject to the Lease and be deemed the equipment, or (c) pay to The Ritz-Carlton the present value greater of either (i) the estimated fair market value of the equipment or (ii) the cost of the new equipment less a standard amortization rate of 2.5%.
Overtime: If, at the “Client’s” request, or due to unforeseen circumstances such as weather, traffic or other beyond the reasonable control of “RCGC” or its suppliers; activities or events which extend past the original scheduled duration, overtime charges may be incurred. Overtime charges can include but are not limited to: transportation, staff, entertainment and food and beverage packages that are based on a predetermined time frame.
Impossibility:
The performance of this Agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party – such as acts of God, war, acts of terrorism, government regulations, disaster, strikes, civil disorder, or curtailment of transportation facilities – to the extent that such circumstance makes it illegal or impossible for the Hotel to provide, or for groups in general to use, the Hotel facilities. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for such termination as soon as reasonably practical - but in no event more than 10 days - after learning of such basis.
In addition, the following will apply with specific respect to the COVID-19 outbreak characterized as a pandemic by the World Health Organization on March 11, 2020: If (1) the U.S. Centers for Disease Control and Prevention (if Hotel is located in the U.S.) or the Public Health Agency of Canada (if Hotel is located in Canada), or the state or province where the Hotel is located, or the country(ies), state(s) or province(s) from which a majority of event attendees are traveling, issues a regulation, advisory, notice, or warning (collectively, a “Notice”) advising travelers to avoid travel to the city where the Hotel is located, avoid gatherings of the size contemplated by this Agreement, or to shelter in place/stay at home as a result of the COVID-19 pandemic, and such Notice covers the Event dates, and (2) as a direct result of such Notice, Group wishes to modify its Agreement with Hotel, Group will notify the Hotel as soon as reasonably practicable, but in any event at least 14 days before the Group’s arrival date. Upon Hotel’s receipt of the Group’s notice, Hotel and Group will commence good faith discussions regarding potential amendments to this Agreement, which may include, by way of example, rebooking the event (with any deposits on file being applied to the rebooked event) or adjusting the Agreement’s attrition clause, or Hotel and Group may, as a matter of final resort, mutually agree to terminate the Agreement without liability if they agree that no suitable alternatives exist and termination is in the best interest of both parties. If Hotel and Group cannot reach an agreement to amend or terminate the Agreement within 14 days of the date Hotel receives Group’s Notice, or such other time as mutually agreed by the parties, and Group is not permitted to terminate without liability under paragraph 1 above, the Agreement will remain in full force and effect. This paragraph will become null and void upon the World Health Organization’s declaration that the COVID-19 pandemic has ended.
Termination of the Agreement in accordance with this Impossibility section will be without liability. For purposes of this Agreement, “without liability” means that, except as set forth in the next sentence, no money damages (including any liquidated damages identified in this Agreement) will be due by the terminating party to the other party as a result of the termination and Hotel will refund to Group any deposits that the Hotel has received from the Group for the event. Notwithstanding the foregoing, Group agrees that, if Group terminates the Agreement in accordance with this Impossibility section within 7 days of the Group’s scheduled arrival date, Group will be liable for any expenses Hotel has already incurred in preparation for the Event, including without limitation the purchase of food and beverage for the Event. Any such amounts will be deducted from any deposit that the Hotel will return to the group or, if no deposit is on file, Hotel will invoice the Group for such amounts.
Weather Related Cancellations: “RCGC” recommends backup space for all outdoor, unsheltered events. In a case where backup is not available at a contracted venue, “RCGC” will require appropriate options. “RCGC” and it’s contracted vendors possess full pronouncement of cancellation of services caused by weather. If outdoor events are cancelled due to weather conditions by “RCGC”, the “Client” will not be responsible for full payment of cancelled services, but the “client” will be responsible for the full payment of catering, transportation, staff and other services included in the service package (“RCGC” will assist the “Client” in securing an alternate location to hold the event.). If outdoor events are cancelled due to weather conditions by the “client”, the “client” will be responsible for full payment of cancelled services, catering, transportation, staff and other services included in the service package. In addition, some outdoor activities have a “rain or shine” policy. In all cases, the supplier determines the cancellation terms and conditions for weather-related cancellations. The “Client” agrees to pay in full, any required cancellation payments.
Cancellation of Services: If the “Client” cancels any or all contracted services, the “Client” agrees to pay liquidation damages, as follows: If the “Client” cancels prior to 30 days before the scheduled service, the “Client” will not be responsible for service cancellation charges. If the “Client” cancels contracted services inside of 30–days before the scheduled service, the “Client” agrees to pay a cancellation fee amounting to 100% of the estimated total.
Copyright: This copyrighted contract/proposal, its elements, content, concepts, ideas, drawings, designs, and layouts are the intellectual property of RCGC Department and may not be used in any other fashion without express written permission.
Conclusion: The parties’ signature on this Service Contract establishes the described services on a definite status and represents your commitment to hold the event (s) as outlined herein.