GROUP SALES AGREEMENT

    DESCRIPTION OF THE GROUP AND EVENT

    This agreement (this “Agreement”) between (the “Hotel”) and (the “Group”) outlines specific terms and conditions for the Group’s reservations at the Hotel.



    1. TOTAL GROUP ROOM BLOCK

    After this Agreement is fully executed, the Hotel will remove from its available rooms and treat as sold to the Group for their Event a specific number of room nights.( This allocation will follow a set arrival and departure schedule, collectively referred to as the "Total Group Room Block."):

    [cf7-recordset id="cf7-recordset-252" type="* Load CSV file"] Breakfast included / 10% commission to Travel Advocates

    Check-in time is after 3:00 p.m. on the day of arrival. Check-out time is before noon on the day of departure. The Hotel’s staff will arrange to store baggage for guests arriving before check-in time or departing after check-out time.

    Resort Fee: The hotel’s Resort Fee of $30.00 ( waived ) plus applicable tax will be added to all rooms per night. Your guests will receive all of the following benefits, including: complimentary high speed Internet access in your guest rooms and public areas, complimentary local calls, 800 number calls, and credit card access calls. This service fee also includes unlimited use of our fitness center and electronic safe in your guest room, fresh towels provided poolside, complimentary parking while at the hotel, daily local newspaper available, and complimentary Disney Channel in your guest room TV.

    Page 2-6 Cancellation Policy: If cancellation of the booking becomes necessary to avoid forfeiture of any deposits paid or payment of penalties, the hotel must have written notification no later than 30 days prior to arrival. Method of Payment: Room rates are quoted exclusive of local taxes and fees, currently 13.5 %. Quoted rates will be offered, based on availability, to your attendees _3_ days before and _3_ days after the above dates. Method of Reservation: A rooming list will be provided to the hotel no later than the designated release/cut-off date stated in the agreement. *Pre- and Post-Stay are based upon availability and must be called into our reservations department. Hotel room rates are subject to applicable state and local taxes and government fees and charges in effect at the time of check-in. The Hotel will provide information about applicable taxes upon request. Applicable taxes and government fees and charges are subject to change. 2. ATTRITION AND CANCELLATION Room Night Attrition: Group is financially responsible for 90% of the sleeping room pickup within the stated block. Group has option to reduce or increase group block by 10% without penalty 30 days prior to date of arrival. Mitigation upon Cancellation: In the event that the Group cancels the Event, the Hotel shall undertake reasonable efforts to resell rooms and function space and will credit those revenues against the Cancellation Fee, on a “last sale basis.” The term “last sale basis” shall mean that the cancelled guest rooms are the last rooms sold from the Hotel inventory. For example, if the Group has a Total Group Room Block of 100 rooms and cancels the Event, and 80 rooms remain unsold in the entire Hotel inventory during the Event, the Cancellation fee will be reduced by the revenue collected by the Hotel for 20 rooms. The Hotel will provide reasonable evidence of its efforts to mitigate damages and proof as to whether rooms being held for the Group were re-sold via an occupancy report. 3. CUT-OFF DATE 30 days prior to arrival Reservations by attendees must be received by the Hotel on or before 5:00 p.m. on the Cut-Off Date. Reservations may be made by attendees by following the room reservation procedures set forth below. After the Cut-Off Date, the Hotel will review the reservations received for the Event and release the unreserved rooms for general sale. 4. ROOM RESERVATION PROCEDURES The following indicated procedure will be in effect for the reservation of rooms by attendees. In each case, such reservations or rooming list must be provided to the Hotel by the Cut-Off Date. By rooming list: A rooming list is required in order to assign the Group’s attendees’ accommodations. This list should include the guest name, email address, requested type of room, requested bed type (i.e. king, queen, double/double, twin or suites), check-in and check-out dates, and the Group’s designation of any attendees to be given a “VIP” status. Any requests for special room arrangements should be indicated on the rooming list. The Hotel does not confirm reservations to the individual in writing. Individual reservations will not be accepted from participants, travel agents or via the internet for the Event. Please send rooming lists to: Lavi Berastain Group Coordinator [email protected] 5. INTERNET ACCESS Kenwood Academy / Music Festivals Page 3-6 Basic high-speed internet service is complimentary in all guestrooms and suites. The Hotel shall not be responsible for any interruption of, or interference with, internet access at the Hotel due to circumstances beyond its reasonable control, including without limitation, hardware malfunction, cable cut, or the failure of a provider entity. 6. AMERICANS WITH DISABILITIES ACT COMPLIANCE Hotel agrees to use good faith efforts to ensure that Hotel complies with the Americans with Disabilities Act (“ADA”). The Group shall identify in advance to Hotel any special needs of its attendees with a disability requiring accommodation by the Hotel. 7. MASTER ACCOUNT Upon execution of this Agreement, the Hotel will set up a master account to which the Hotel and its vendors will post charges incurred by the Group and its attendees prior to and during the Event (the “Master Account”). The following items shall be charged to the Master Account: [ ] Guest rooms [ ] Tax (Group Tax Exempt) [ ] Incidentals [ ] Any other charges billed to the Master Account at the request of the Group contact, as designated by the Group in advance of the commencement of the Event. All third-party charges for services and/or supplies, not directly supplied by the Hotel, will be billed to the Master Account whether they have been arranged for by the Hotel or directly by the Group. The Group further agrees that all charges associated with use of the grounds, function space, facilities and services of the Hotel by its vendors shall be posted to the Master Account. 8. PAYMENT OF THE MASTER ACCOUNT BALANCE The Group will pay the Master Account balance in one of the following ways, in the Hotel’s reasonable discretion: a) Deposits: The deposits outlined below are due as indicated. A final invoice for the remaining Master Account balance, containing receipts and other back-up information, will be mailed to the Group within 5 business days of the Group’s departure. The outstanding balance of the Group’s Master Account shall be due and payable upon receipt of such invoice. Deposit Type Deposit Order Due Date Amount Due Initial Deposit 1 Upon Booking 1 Night Additional Payment 2 30 days prior to arrival Full Payment Deposits are non-refundable but can be applied to groups arriving the same year. Deposits shall be applied to any attrition, cancellation or other damages due hereunder. 9. METHOD OF PAYMENT Master Account payments must be made by credit card, wire transfer or check payable to: Enter hotel name. The Group has elected to use the following form of payment for any balance on its Master Account at the conclusion of the Event: [ ] Cash, money order or other guaranteed form of payment [ ] Company Check [ ] Credit Card [ ] Wire Transfer If the Group wishes to make any payment by credit card, the Hotel’s credit card authorization form must be completed and returned to the Hotel. Kenwood Academy / Music Festivals Page 4-6 The name and address of the contact person for the Group’s final bill is: Name: Address: City: Telephone: State: Fax: Zip: E-mail: 10. INDEMNIFICATION Each party shall indemnify, defend and hold harmless the other party and its affiliates (including, in the case of the Hotel, its owner and its affiliates), and its and their officers, directors, partners, agents, members, managers, owners and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney’s fees (collectively “Claims”) arising out of or caused by the indemnifying party’s gross negligence or willful misconduct in connection with the provision of services or the use of the Hotel, except to the extent caused by the indemnified party’s or agent’s negligence or willful misconduct. The Group further agrees to defend, indemnify, and hold harmless the Hotel and its affiliates (including its owner and its affiliates), officers, directors, partners, agents, members, managers, owners and employees from and against all Claims arising out of or caused by any act or omission of any Event attendees or any contractors hired or engaged by the Group in connection with the Event. Nothing in this paragraph shall be deemed to waive any statutory limitation of liability available to either party, including innkeeper laws, nor shall it waive or be deemed to have waived, any defense which it may have with respect to the Claims. The Group shall reimburse the Hotel for any damage to the Hotel by the Group or its contractors, and the Hotel reserves the right to deduct the amount of such damages from any advance payments made by the Group. The provisions of this Section shall survive any termination or expiration of this Agreement. 11. LIABILITY AND DISCLAIMERS EXCEPT WITH RESPECT TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS HEREIN, THE LIABILITY OF A PARTY TO THE OTHER PARTY FOR DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE ANTICIPATED REVENUE, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT. The Hotel is not responsible for any loss or damage to any displays, personal effects, or equipment left in guest or meeting rooms. THE HOTEL SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 12. FORCE MAJEURE If acts of God or governmental authorities, natural disasters, work stoppages, labor strikes or unrest, or any other conditions beyond a party’s reasonable control make it illegal or reasonably impossible for such party to perform its obligations under this Agreement, such party may terminate this Agreement upon written notice to the other party without liability. The Hotel shall have no liability for power disruptions of any kind which are due to causes outside of Hotel’s control. 13. GENERAL INFORMATION a) Logo: The Group shall not use the name, trademark or logo or any other proprietary designation of the Hotel in any advertising or promotional material without the prior written permission of the Hotel. The Group shall comply with the terms and conditions required by the Hotel for such use. a) Utilities: Kenwood Academy / Music Festivals Page 5-6 All electrical services and utilities, including phone and riggings, must be contracted for through the Hotel. b) Signage: Signs and banners are not allowed in the Hotel’s public areas. With regard to the Group’s meeting space, all signs must be professionally printed and their placement and posting be pre-approved by Hotel. Nothing shall be posted, nailed, screwed or otherwise attached to walls, floors, or other parts of the building or furniture. c) Non-Smoking: All guest and meeting rooms are non-smoking unless allowed by law and designated as a smoking room or area by Hotel. d) Entertainment: The Hotel must approve of any entertainment to be brought onto the Hotel property and may restrict any proposed entertainment that involves excessive noise, noxious odors or hazardous materials. e) Animals: Guide dogs are permitted on the Hotel property. Any other pets may be permitted on the Hotel property upon prior approval of the Hotel in its sole discretion. f) Privacy: The Group will comply with applicable privacy laws in the provision of personally identifiable information of the Group attendees to the Hotel and shall obtain all necessary permissions to allow Hotel to process such information in payment transmittals. g) Alcohol Consumption: The Group agrees to be responsible for the consumption of alcoholic beverages by the Group’s guests and attendees at the Event. The Hotel does not serve alcoholic beverages to minors as required by state law, and the Group assumes the duty to ensure observance of this state statute. The Group acknowledges that the Hotel may refuse service of alcohol to any guest or attendee and, at its discretion, may discontinue service of alcohol to all guests and attendees in the event of violation of any applicable law. 14. DISPUTE RESOLUTION The parties will resolve any claim or dispute arising out of or relating to this Agreement through binding arbitration before one arbitrator conducted under the rules of the American Arbitration Association or JAMS in the state and city in which the Hotel is located. The law of the state in which Hotel is located shall be the governing law. The arbitration award shall be enforceable in any state or federal court. 15. NOTICE Any notice required or permitted by the terms of this Agreement must be in writing. 16. ASSIGNMENT The Group may not assign or delegate its rights or duties under this Agreement without Hotel’s prior approval. 17. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable, that provision will be eliminated or limited to the maximum extent possible, and the remainder of this Agreement shall have full force and effect. 18. ACCEPTANCE This Agreement shall be deemed fully-executed only after it has been signed by a representative of the Group by 12:00pm (EST) on 2/5/2024 and thereafter signed by a representative of the Hotel. Acceptance may be made by facsimile or electronic transmission and this contract may be executed in one or more counterparts, each of which when fully executed, shall be deemed to be an original, and all of which shall be deemed to be the same agreement. We look forward to working with you and to hosting a memorable event. Kenwood Academy / Music Festivals Page 6-6 By Company name: By Hotel’s authorized representative: By: By: Name: Kenwood Academy / Music Festivals Name: Rene Pereira Title: Title: Sales Date: Date: