THE BELL TOWER ON 34TH CLIENT OFFER AGREEMENT
Client has expressed interest in having an Event at The Bell Tower on 34th. The terms, conditions and expectations between The Bell Tower on 34th and Client are reflected below.
Unless fully executed by Client, this offer expires in seventy-two (72) hours. The following terms and conditions will be STRICTLY ENFORCED. You may not become a client without agreeing to these terms in advance. Please initial and sign where indicated below.
Although the majority of Events held at The Bell Tower on 34th do not require rescheduling, because of the substantial risk of losing dates, deposits or other payments, The Bell Tower on 34th highly recommends that Client purchase Rescheduling Insurance.
There can only be one person representing the client. UNLESS OTHERWISE DIRECTED IN WRITING, Client will be designated as the sole point of contact. No other person or persons shall make changes or alterations to the contract or communicate Event details to [Salesrep] on behalf of client, including outside planners, coordinators, relatives, etc... unless re-assigned in writing by the client prior to any proposed change(s) or alteration(s).
IMPORTANT: THE CLIENT AGREES TO GIVE FINAL APPROVAL (IN THE FORM OF SIGNATURES) FOR EVENT FLOOR PLANS, TIMELINES, AND MENU SELECTIONS BY THE 'POINT OF NO RETURN' WHICH IS AT LEAST 21 DAYS PRIOR TO THE EVENT FOR THE DELIVERY TEAM. PRICING, TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE PRIOR TO CLIENT'S ACCEPTANCE OF THIS AGREEMENT.
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DEPOSITS, PAYMENTS, REFUNDS, RESCHEDULING, CANCELATIONS, PAST DUE ACCOUNTS
DEPOSIT: A non-refundable payment of 25% of the contract amount is due upon booking to secure your Event date of [Event.Date.Long]. For new Events, online deposits may be subject to a delay for date verification and processing. The non-refundable payment is transferable one time only based on availability ONLY IF YOU HAVE PURCHASED RESCHEDULING INSURANCE and as long as the new date is within 6 months of the date of notice. Your new date must be selected before the day of cancellation/rescheduling. New pricing and terms and conditions for the new Event date may apply at the time of cancellation and rescheduling.
The Bell Tower on 34th does not hold or reserve dates without BOTH a deposit and a signed agreement.
A signed agreement is not valid without payment of the deposit.
Any offer(s) are subject to withdrawal prior to Bell Tower on 34th receiving a deposit. Please note again, for new events, online deposits may be subject to a delay for date verification and processing.
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PAYMENT:
All payments are non-refundable. The Bell Tower on 34th requires all payments to be made online or in person. The Bell Tower on 34th is not required to send payment reminders. 50% of your remaining balance is due 90 days before [Event.Date.Long]. The remaining balance for your Event is due 30 days prior to [Event.Date.Long]. The guest count number may not go down within 30 days of your Event. For all additions made to the contract after the 30-day payment, balance will be due immediately. (Forms of Payment Accepted: Cash, Check, Visa, MasterCard, American Express, Discover). The Bell Tower on 34th does not accept payment by check/ACH within 21 days of the Event.
The Service Fee applies to the subtotal before tax.
An 8.25% Sales Tax applies to the subtotal of the room rate, food, staff, alcoholic and non-alcoholic beverages, service charge, and other taxable items. If you or your organization is tax exempt / non-profit, please submit a copy of your 501 (c)(3) tax exemption certificate at the time you return your signed contract. Sales Tax may not be deleted from your contract total until after your tax exemption certificate is received.
NOTE: Credit Card Daily Spend Limits may delay your payments. It is client's responsibility to contact the credit card company to release or increase any limits to ensure payment is timely received.
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Returned checks are subject to a $50 returned check fee. This amount cannot be used toward minimum spend. If a client's check is returned after the balance is due, the contract may be subject to the following stipulations, each at the election of Bell Tower on 34th:
The Client may be in material breach of contract.
The contract may be subject to termination.
The Client may have to surrender the right to possess the premises on the Event date.
Notwithstanding the foregoing, in the event a late payment is pre-approved, the contract may remain in place upon payment of the balance due and all late charges.
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REFUNDS:
Subject to an initial five (5) day hold addendum confirmed and executed by both parties, there will be no refunds of any payments made to The Bell Tower on 34th under this agreement and/or any addendums or modifications thereto.
RESCHEDULING INSURANCE:
Notwithstanding the foregoing, and at the election of The Bell Tower on 34th, Non-Refundable Payments may be transferable one time only, based on availability and only if you have purchased the rescheduling insurance. Your new date must be selected before the day of cancellation/reschedule. Please be advised that new pricing, terms and conditions for the new event date may apply at the time of cancellation and rescheduling. Rescheduling Insurance is not an option within 2 weeks of your Event. Rescheduling Insurance may not be purchased or used unless your account is current. Within 120 days, partial Event cancellations or room deletions are not permitted. Below are Rescheduling Insurance Options:
Plan A. Purchase at the time of booking. (The greater of $500 or 3% of the total contract amount). The new date must be within 6 months of the date of notice and may not be booked within the first two weeks of December. If you need to reschedule beyond 6 months from the date of notice, you must repay The Bell Tower on 34th for the rental price of the original ballroom combinations. This amount cannot be used toward minimum spend.
Plan B. If you would like to reschedule and did not previously purchase the rescheduling insurance, the price to reschedule is (The greater of $1000 or 5% of the total contract amount). Plan B Insurance is not available for purchase within 2 weeks of your Event.
The new date must be within 6 months of the date of notice and may not be booked within the first two weeks of December. If you need to reschedule beyond 6 months from the date of notice, you must also repay The Bell Tower on 34th for the rental price of the original ballroom combinations. This amount cannot be used toward minimum spend.
The rescheduling option can only be used ONCE and cannot be repurchased or removed from your contract after it has been purchased. Account must be current. Prepayment is required. No refunds.
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CANCELLATIONS:
BY SIGNING BELOW, I ACKNOWLEDGE RECEIPT OF INFORMATION ABOUT EVENT CANCELLATION / INSURANCE.
As always CANCELLATION AND POSTPONEMENT INSURANCE IS HIGHLY RECOMMENDED SINCE THE BELL TOWER ON 34TH DOES NOT OFFER ANY REFUNDS FOR ANY REASON. Cancellations or Postponements are a Client Based decision. Any rebate for for purchasing outside Cancellation or Postponement Insurance is not applicable within 30 days of the Event. *All CONTRACT SIGNERS receive information about Postponement or Cancellation Insurance at the time of contract signing, receiving subsequent and regular communication via emails and SMS with additional links and information on request, regarding available Forms, Links and Videos on the topic.
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Notwithstanding anything to the contrary contained herein, The Bell Tower on 34th specifically reserves the right to cancel this contract for any reason it deems necessary to avoid irreparable harm or conflict between the Parties.
PAST DUE ACCOUNTS:
Accounts past due will be LOCKED. The Bell Tower on 34th is not required to send payment reminders. A $50.00 per day late fee, for each working day, is strictly enforced and may automatically accrue to the Master Account for late progress payments and unpaid Consumption Charges. This amount cannot be used toward minimum spend. The Bell Tower on 34th reserves the right to cancel your Event for nonpayment. For LOCKED accounts, no event rentals, staff, or supplies will be procured until the account is made current. Additionally, client, guest, and any associated vendors will not be allowed to schedule or attend bridal portraits, food tastings, rehearsals, or Event load in on the premises, unless and until the respective account is brought current.
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FOOD and TASTINGS:
Based on availability, Tastings must be scheduled as soon as possible but no later than 60 days in advance of [Event.Date.Long]. Tasting dates and times are very limited and must be scheduled in advance. TASTINGS ARE NOT OFFERED IN DECEMBER. Your account must be current, and your Tasting Menu selection must be complete before your tasting is confirmed. Your Tasting may consist of Bite Sized portions of 2 entrees, 2 sides, 2 salads, 2 house wines, and up to 4 appetizers, based on your contracted menu selection, served in plated presentation form. Coffee, tea and/or water is served on request (excluding the Classical Fruit and Cheese Display, Anti Pasta Platter, The Mediterranean, and all Action Stations). If selected, you may taste up to three (3) items from the Fried Festival Display. Limit tasting events to four (4) guests please. Please arrive fifteen (15) minutes early. A late arrival may result in cancellation of your scheduled tasting. Consuming raw or under cooked meats, poultry, seafood, shellfish, or eggs may increase the risk of food borne illness, especially if you have certain medical conditions. On the Event date, [Event.Date.Long], any leftover food will not be dispensed or offered on a "to go" basis since often it has or will be sitting beyond health code serving time guidelines.
Beware no shows or cancellation of your tasting on the same day as your scheduled tasting will result in a $200.00 fee added to your contract.
Final menu selections must be made at least 45 days prior to your Event and your final balance will be adjusted based on your selections. Dietary restrictions that exceed 5% of the overall guest count may incur an additional "split menu" fee. For Specialty Plates / Allergy Concerns client must provide guest name / table number prior to event day.
THIRD PARTY CATERING IS NOT PERMITTED including but not limited to any outside food or beverages, Food Trucks, Late Night snacks, etc.. .
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CEREMONY / REHEARSAL:
Evening ceremonies will not begin until after 6pm.
The Bell Tower on 34th staff or representatives do not move wedding cakes, flowers, custom chairs, photobooths, or any 3rd party decor.
Rehearsals may not be scheduled or hosted until the 30-day payment is paid in full and may be scheduled in thirty (30) minute intervals only. If the rehearsal is longer than 30 minutes, a $150.00 surcharge will be automatically billed to the Master Account. Rehearsals must be finished by the following times based on availability:
Monday through Thursday - finish by 5 pm.
Friday - finish by 4pm.
Saturday - finish by 8:30am.
The Rehearsal Time & Date cannot be guaranteed until three (3) weeks prior to your Event based on availability. Please contact your representative for scheduling details and confirmation. Please note the Bridal Salon and other dressing rooms are not available for rehearsals.
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ADDITIONAL TERMS:
The Final Guest Count is due no less than two (2) weeks prior to [Event.Date.Long]. REMINDER, within 30 days of your Event your guest count number may go up but not down. Guest counts are limited to the combined room capacities of the ballrooms listed in this agreement.
For all additions made after the 30-day payment, balance is due immediately. Additional consumption charges, including charges for extra guests will be due immediately, and C.O.D. billed to the Client at the time of the additional item. Two weeks before, and on the day of your Event, The Bell Tower on 34th will only accept Credit Cards, Cash, or Cashier's Check. Additional Charges for extending your Event are due in advance. (Traditional methods for determining additional guests include, but are not limited to, plate counts and guest chair counts. Other methods may include eyewitness, manual guest counts, car counts, key counts, and electronic recording devices as needed.)
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DRESSING ROOMS:
Dressing rooms are available for use two (2) hours before your ceremony, once booked at The Bell Tower on 34th. For daytime weddings, the dressings rooms, a/k/a The Bridal Salon and Grooms Lounge must be vacated at the Event end time; no breakdown time is allowed after the Event for the dressing rooms. Extended uses of the Dressing Rooms are available at the rate of $150.00 per hour based upon availability and cannot be booked sooner than 4 weeks prior to your Event. Consumption charges apply. There are no dressing room options during rehearsals. The Bell Tower on 34th is not responsible for lost or stolen items.
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ALCOHOL:
Outside alcoholic beverages other than alcohol served by The Bell Tower on 34th is strictly prohibited and will result in any of the following 1. The item(s) will be confiscated. 2. A minimum automatic fine of $5,000.00 per can or bottle and your Event may be closed down with no further notice or monetary refunds. This includes wine, beer, flasks, or any other container and/or party favors, auction items and/or giveaways. The Bell Tower on 34th does not offer individual shots of alcohol (including liquor on ice or drinks served "neat") at any time. All alcohol is to be provided and poured exclusively by The Bell Tower on 34th staff. Liquor by the bottle, donated or otherwise, is not an option. No Consumption Bars. The Bell Tower on 34th reserves the right to change brands of liquor at any time. All custom wine or liquor must be ordered at least three weeks prior to the Event. There are no returns or refunds for any requested custom wine or liquor items once the items have been entered into our system as a formal line item for your Event. No beer, wine, or alcohol of any kind is allowed to leave the premises.
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TIMELINE:
The Bell Tower on 34th timeline will prevail. If your invitation or planner timeline does not align with the agreement, The Bell Tower on 34th timeline will prevail.
EXTENDED HOURS:
On the day of the Event, The Bell Tower on 34th will accept Credit Cards, Cash, or Cashier's Check. Additional Charges for extending your Event are due in advance. Including Early Load-in/Set Up: ANY EVENT exceeding the arrival, start or end times stated in this agreement, whether early or late, will be subject to a charge of no less than $1,500.00 plus service charge and tax, or 10% of the total contract amount, per hour, per ballroom, whichever is greater. Our agreement to extend an Event is subject to availability. If your Event time is extended due to early arriving guests or guests that do not depart on time, payment for overtime charges will be due in full immediately.
During your Event, if anything is not as planned, please notify your Event Manager IMMEDIATELY.
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BRIDAL PORTRAIT SITTING:
(If applicable to your Event) Includes: Two (2) hours at The Bell Tower on 34th, use of a Bridal Salon and access to the entire facility. The Bridal Portrait Sessions do not include beverages, snacks, or any staff or any room attendant. Bridal Portrait Sittings must take place before your main Event and must be booked at least two (2) weeks in advance, Based on Availability Tuesdays 9am-11am, 12pm-2pm and 3pm-5pm. The Bell Tower on 34th DOES NOT SCHEDULE YOUR PHOTOGRAPHER OR FLORIST. Your Bridal Portrait may need to be rescheduled if an event is subsequently booked for that time. Please be aware the gardens may need to be covered if the outside temperature falls below freezing.
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VENDOR INFORMATION:
All Vendors are required to provide a Certificate of Liability Insurance naming Bell Tower Group, LLC d/b/a The Bell Tower on 34th and Keep on Going, LLC as additional insured with a waiver of subrogation and containing a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate, at least ten (10) days prior to Event date.
Including the Insurance Requirement, all company policies that apply to vendors also apply to friends or members of the family that may be providing decorations or other services such as floral, linens, cake, DJ services, and the like. The Bell Tower on 34th reserves the right to refuse access or entry to anyone at any time in its sole discretion.
Client agrees to provide a full and complete list of outside vendors utilized, if any, and provide complete contact information for each. Client also agrees to assume all financial responsibility for uninsured vendors which are not provided through The Bell Tower on 34th.
If your vendor(s) need(s) more than three (3) dedicated 20-amp circuits, you must make prior arrangements with The Bell Tower on 34th representative or Technical Director to see if any is available. YOUR VENDORS ARE REQUIRED TO USE GAFF TAPE, NOT DUCT TAPE, TO SECURE LOOSE CABLES.
Vendor/band waiting rooms are available for an extra fee based on availability.
The Bell Tower on 34th and your representative will not be responsible for organizing, arranging, or signing for any deliveries when they are not a part of this contract including but not limited to vendor deliveries, auction items, party favors, cake stands, decorations, staging, equipment, etc.
Attaching anything to the building walls or fixtures is prohibited without prior written consent.
All Items used in decorating must be removed at the conclusion of the Event. Items left overnight without paid overnight storage rental will become the property of The Bell Tower on 34th. If your vendors do not clean up after themselves, you will automatically be charged an additional $500.00 service fee.
SPARKLERS, FIREWORKS, AND DRY ICE OR FOG DEVICES OF ANY KIND ARE PROHIBITED ON THE PREMISES.
THIRD PARTY CATERING IS NOT PERMITTED including but not limited to any outside food or beverages, Food Trucks, Late Night snacks, etc.. .
WAX CANDLES AND OPEN FLAME CANDLES ARE NOT ALLOWED DOWN THE AISLE.
WATER SOLUBLE/DISSOLVABLE CONFETTI IS NOT ALLOWED INDOORS.
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FORCE MAJEURE:
If due to a force majeure event, The Bell Tower on 34th is unable to carry out any of its obligations under this Agreement, then provided notice is communicated to Client specifying in reasonable detail the circumstances of such event and the manner in which it has delayed or hindered performance, The Bell Tower on 34th obligations to Client shall be suspended, but only to the extent made necessary by such force majeure event and during its continuance. The Bell Tower on 34th shall use its best efforts to remedy such force majeure insofar as possible with all reasonable dispatch. The term "force majeure" as used herein shall mean any causes beyond the reasonable control of the party affected thereby, such as but not limited to, act of God without regard to proximate causation, acts of public enemy, insurrections , riots, strikes, lockouts, labor disputes, fires, explosions, floods, breakdowns or damage to plants, equipment or facilities, embargoes, orders, or acts of civil or military authority, failure or curtailment of carriers to transport or furnish facilities for transportation, epidemic, pandemic, or other national or regional emergency. Upon the happening of any such event, The Bell Tower on 34th shall have the right, but not necessarily the obligation to suspend its obligations hereunder for a period of time equal to the period of time during which the Force Majeure event continues. If any such suspension resulting from a Force Majeure event shall continue for a period in excess of six (6) months, then, at any time after such six (6) month period, The Bell Tower on 34th may, at its election choose to terminate this Agreement.
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MISCELLANEOUS:
The Bell Tower on 34th reserves the right to use all photographic and /or video graphic images for promotional and/or advertising purposes at its discretion.
PLEASE DO NOT LEAVE CHILDREN UNATTENDED. BY SIGNING BELOW CLIENT AGREES TO BE RESPONSIBLE FOR ALL CHILDREN ATTENDING THE EVENT. THE BELL TOWER ON 34TH WILL NOT BE RESPONSIBLE FOR LOST OR INJURED CHILDREN.
If the building property is damaged by you, your guests, employees, or agents, your account will automatically be billed for related damages.
To the extent permitted by law, you agree to hold Bell Tower Group, LLC harmless for any bodily injury suffered by you or your guests related to ascending / descending or traversing steps, stairs, walkways, patios, driveways, or pavers.
THE BELL TOWER ON 34th RESERVES THE UNRESTRICTED RIGHT TO MODIFY BUILDING AESTHETICS WITHOUT LIMITATION AT ANY TIME.
Notwithstanding anything to the contrary contained herein, Client acknowledges and will comply with the Houston Sound Ordinance, which states sound cannot exceed 65 decibels during the day and 58 decibels at night in residential areas. Anything over this level requires a permit/exemption to be acquired by client, and even with a permit there are restrictions. Presently, permits can allow for sound up to 75 decibels until 10pm on Sundays through Thursdays and until 11pm on Fridays and Saturdays. Violators of the Houston Sound Ordinance can find themselves facing hefty fees, paying up to $1,000 for the first offense. Client expressly agrees to indemnify and hold The Bell Tower on 34th harmless from the consequences of their being in violation of any then existing Sound Ordinance.
Notwithstanding any other language in this contract and to the extent permitted by law, each party shall be responsible for personal injury, death, or loss of or damage to property caused by such party's gross negligence or willful misconduct.
This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, or understandings, whether orally or in writing, between the parties related to the Event. This agreement may only be changed, modified or amended by written acknowledgement duly executed by an authorized representative of The Bell Tower on 34th, including but not limited to modifications for inclusion of extra charges which Client independently contracts for. Client's signature herein below is further intended to evidence Client's agreement and obligation to pay for any such extra charges.
This contract is made in the State of Texas and shall be construed in accordance with, and governed by, the laws of that state applicable to contracts made and performed entirely therein.
Paragraph headings are inserted for convenience only and shall not be deemed part of this Agreement for any purpose whatsoever.
Client hereby affirms they are over the age of majority and have the right to contract in their own name. Client further represents they fully understand the contents hereof, agrees to sign such further instruments in writing as may be required to effectuate the purpose and intent of this Agreement.
Each of the parties hereto agrees to sign such further instruments in writing as may be required to effectuate the purpose and intent of this Agreement.
This Agreement shall bind and inure to the benefit of both Client and The Bell Tower on 34th and their respective personal representatives. No party hereto shall have the right to assign this Agreement or any of its rights or obligations hereunder or herein without the prior written consent of the other.
The failure of The Bell Tower on 34th to enforce at any time any of the provisions hereof shall not be construed to be a waiver of such provisions or of such party's rights or available remedies thereafter to enforce such provisions.
I, (CLIENT) HAVE READ THE ABOVE CONTRACT AND AGREE TO THE TERMS AND CONDITIONS AS WELL AS ANY OTHER TERMS AND CONDITIONS ON ANY CONTRACT ADDENDA WHICH I MAY SIGN, AND SPECIFICALLY REPRESENT THAT I HAVE FULL AUTHORITY AND COMPETENCE TO ENTER INTO THIS AGREEMENT.
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AGREED AND ACCEPTED AS TO BOTH FORM AND SUBSTANCE:
CLIENT_______________________________________________________________
DATE______________________
(Person Responsible for All Payments sign here).
Co-Signer ____________________________________________________________ DATE______________________
(Additional Person Responsible for All Payments sign here).
PRINTED NAME of Co-Signer_____________________________________________
DL# ______________________
Co-Signer Address_______________________________________ City/State/Zip_____________________________
By Signing Below, Venue Representative Acknowledges the first payment has already been received.
VENUE REPRESENTATIVE_____________________________________________________
DATE_____________________
([Salesrep])