All federal, state, city and municipal taxes, tips and service charges applicable to this function are in addition to the prices set forth on the front of this agreement (unless the proper tax is indicated on the front side) and shall be paid by Guest in accordance with payment policy set for in the agreement.
No food or beverages of any kind will be permitted to be brought into function space by the Guest, their attendees or invitees. Only TMBH Services Holdings LLC (the Hotel) shall supply all food, liquor and liquid refreshments.
No glass of any kind will be permitted on the premises.
We reserve the right to serve alcohol in a responsible manner and may decide at any time to stop serving alcoholic beverages at your event. This stoppage does not necessitate or obligate any refund. Everyone attending an event serving alcoholic beverages must be over the age of 21. All event guests are bound by this contract.
Shots of any kind will NOT be served to guests.
Guest agrees to begin its function promptly at the scheduled time and Guest, its attendees or invitees agree to vacate the designated function space at the closing hour indicated. Guest agrees to reimburse the Hotel for any overtime wage payments, expenses and damages incurred or sustained by the Hotel because of Guest’s failure to comply with terms and conditions contained in this agreement.
TMBH Services Holdings LLC (the Hotel) is not responsible for any of Guest’s items that are lost, stolen or left overnight.
Any decorations which Guest desires to use shall be approved in advance by Hotel. Any decorations, which constitute a fire hazard in Hotel’s sole opinion, shall not be permitted. Decorations shall not be attached to Hotel’s premises in any fashion. Guest shall remove all Guest supplied decorations and property from the Hotel at the expiration of his function. Guest will make a reasonable effort to prevent damage to the Hotel by their attendees and will reimburse the Hotel for any damage. Hotel may remove any person from the Function or the Hotel premises, as it believes necessary in its sole judgment.
Guest shall inform Hotel in advance if Guest intends to contract for music, other forms of entertainment or any other service in conjunction with its function. Hotel reserves the right to approve any music, other forms of entertainment or any other service. Hotel’s exclusion shall be binding on Guest.
A Certificate of Insurance must be provided for any outside vendors or talent hired by Guest. TMBH Services Holdings LLCmust be listed as a certificate holder or an additional insured. A minimum coverage of $1 million must be insured.
In the event of breach of this agreement by Guest, Hotel reserves the right to cancel this agreement without notice and without liability to the Guest. The amount deposited by the Guest for use of space shall be retained by the Hotel as damages, but this shall not preclude the Hotel from recovering any additional damages, including attorney’s fees, sustained or incurred by reason of the breach of this agreement by Guest.
THIS AGREEMENT IS CONTINGENT UPON THE ABILITY OF THE HOTEL TO PERFORM ITS OBLIGATIONS HEREUNDER, and is subject to strikes, labor disputes, electrical blackouts or shortages, damage or destruction of the Hotel, accidents or other causes beyond Hotel’s control. In no event shall Hotel be liable to Guest beyond the amount paid by Guest for the use of rooms and function space reserved. If the function space reserved herein cannot be made available to the Guest, Hotel reserves the right to substitute comparable accommodations for the function, which substitution shall be deemed by the Guest as full performance under this agreement. Hotel’s discretion as to comparability of accommodations shall be binding on Guest.
In the event that this agreement is signed in the name of a corporation, partnership, association, club or society, the person signing this agreement represents to the Hotel that such person has the authority to sign this agreement that in the event that such person is not so authorized, such person will be individually liable for any payment and performance owed by Guest pursuant to this agreement.
Upon execution of this agreement, Guest shall deposit 50% of total price to be paid under this agreement. SAID DEPOSIT SHALL BE NON-REFUNDABLE. Any changes made by Guest after the execution of this agreement shall not be binding on Hotel unless Guest shall pay Hotel in full any amount and tax owed for such change. Guest shall pay the balance of the total amount owed under this agreement based on the guaranteed count” at least seventy-two (72) hours prior to the function. Additional charges for attendees over and above the guaranteed count are payable at the time of the Function. All payments shall be in cash, credit card or certified check.
Guest agrees that the Hotel shall not be liable for the theft, loss, damage or destruction of any property or personal injury to Guest, its attendees or invitees.
The prices herein are subject to increase by reason of increases in or adoption of sales tax or similar tax.
In the event of inclement weather, Hotel recommends that Guest obtain a tent permit. Permit must be acquired at least one month prior to event date. All costs associated with tent permit, rental, setup, and breakdown, will be Guest’s responsibility and will be added to the bill accordingly. In the event that Guest does not obtain tent permit, Hotel is NOT responsible for cancellations due to weather. REFUNDS WILL NOT BE ISSUED DUE TO WEATHER CHANGES.
In the event of cancellation due to weather conditions, damage to facilities, or the inability to use the contracted location on specified date of the Event, due to no fault of Guest, Guest shall have the right to use The Montauk Beach Houseat a later date to be mutually agreed upon without payment or an additional deposit or modification to the terms and conditions herein.
Hotel reserves the right to prohibit Guest, its invitees or attendees from removing any food or beverages from the Hotel.
Guest shall comply with all applicable federal, state and local statutes, orders ordinances, rules and regulation including, but not limited to all rules and regulations regarding public assemblies, and secure any licenses and permits where necessary.
Notwithstanding anything to the contrary contained in the contract, with the exception of gross negligence or willful misconduct, Guest shall indemnify, defend, and hold harmless Operator and Owner of The Montauk Beach House. This includes The Montauk Beach House’s respective parent companies, subsidiaries and affiliates, including partnerships in which they have a general and/ or limited partner interest. Officers, directors, trustees, employees, and agents are further indemnified from and against any and all claims, demands, suits, lawsuits or proceedings (the “Claim”) asserted against any or all of them to the extent arising directly or indirectly out of the acts or omissions of Guest, its employees, agents, and affiliated parties. This further includes without limitation, all damages, reasonable attorney’s fees, fines and other liabilities incurred by the aforementioned indemnities in connection with the Claim.
This agreement constitutes the entire agreement between Guest and Hotel. This agreement shall not be amended, waived, or changed, in whole or in part, except by a written agreement signed by both parties. The invalidity, in whole or in part, of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement.
Guest acknowledges receiving a copy of this agreement.