1. ASSIGNMENT/CONFIRMATION OF FUNCTION SPACE: You agree to confirm with us the assigned function space before printing any materials listing specific meeting or function locations. The schedule of events listed, indicates the space that is tentatively being held will be held on a definite basis upon signing of this contract by both parties. 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. Please contact the Hotel at least one month before your event to review and confirm the details for your event, including menus, decorations, entertainment and beverage service. Upon review of your event requirements, Event Orders (“EO”) will be sent to you to confirm all final arrangements and prices. These EO’s must be signed and returned prior to the event and will serve as a part of this agreement.
2. MENU SELECTION: Menu selection must be submitted to the Hotel at least three (3) weeks prior to the function in order to ensure availability of menu items, proper staffing and coordination of details. Menus must be identical for all guests attending. Special dietary substitutions may be arranged in limited quantities with a minimum of 72 hours notice. Banquet food and
beverage prices will be guaranteed 90 days prior to your event.
3. GUARANTEE OF ANTICIPATED REVENUE: At least 72 hours (three business days) before your event, you must inform us, in writing, of the exact number of guests who will attend your event. If the guaranteed number is not received, the billing will be prepared for the number of guests for whom the function was originally booked or the number served, whichever is greater. All onsite food & beverage additions will be at a surcharge of 25% of the menu price per person. If the event is held, but the Hotel does not realize the total revenue anticipated from your event, you agree to pay performance damages. The damages owed will be the amount necessary for the Hotel to receive no less than total anticipated revenue (rental, food & beverage) from your event as indicated above. You will be charged based on the event guarantee that you give us or the anticipated revenue indicated at the time you signed this agreement, whichever is greater. We will not undertake to prepare more than 3% more than this guaranteed minimum.
4. DEPOSITS/TAXES: A deposit of 25% of the estimated dollar value of the event is due when you sign this agreement. In addition to the anticipated charges set forth in the schedule of events, you agree to pay separately any and all federal, provincial taxes imposed on or applicable to your event. Service charges and public room rental are subject to a 13% Harmonized Sales Tax. A further payment of 50% of the estimated dollar value of the event is due 60 days prior to the event unless billing is requested and approved.
Food & Beverage prices are currently subject to a 18% service charge, 13% Harmonized Sales Tax.
5. CANCELLATION: You may cancel this 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, the parties agree on the following amounts to be paid by you to us upon notice of cancellation as liquidated damages:
Cancellation between date of signing and 90 days of event; 60% ($ ) of the estimated revenue
If notified between 89 and 60 days in advance of the event; 75% ($ ) of the estimated revenue
If notified between 59 and 15 days in advance of the event; 80% ($ ) of the estimated revenue
If notified between 14 and to the day of the event: 100% ($ ) of the estimated revenue
As products and services must be purchased and scheduled in advance, notification seven (7) business days or less before the event will require that all charges (including labor and service fees, rentals and applicable taxes) for the final guarantee or contracted number of guests will be charged to the credit card provided. Additional damages may be owed for cancellation of your sleeping room contract.
6. PAYMENT Unless you have established credit in advance with us, you will pay the entire contract price in cash or by certified cheque at least three business days prior to your function or by personal bank cheque two weeks prior to your function. We may terminate this agreement and retain the portion of your deposit or seek additional amounts necessary to equal the cancellation fee provided in paragraph 5 if payment is not made as agreed. If you have established credit, payment in full will be due within thirty (30) days after receipt of the bill. If you prefer, all charges can be paid by credit card. Hilton accepts American Express, Diners Club, Discover Card, JCB International, Master Card or Visa. If credit has not been approved for your function, you will provide us with the credit card to which all estimated master account charges will be charged no later than (14 days prior to event). If credit has been approved, you will provide us with your credit card information at the time of your function. If payment of all undisputed charges is not received within thirty (30) days after your receipt of the final invoice, a finance charge of 1.75% per month, or the maximum amount allowed by law, whichever is less, will accrue on the unpaid, undisputed amount, commencing on the date of receipt of the final invoice.
7. LABOR CHARGE: For all meal functions if the guaranteed number for your event is less than twenty (20) guests, we will add a $100.00 labor charge to your account. This will be used to cover our costs of the event and will not be distributed as a service charge or gratuity to our employees working at your event.
8. OVERTIME: Function space has been reserved for the times specified herein. You agree to begin your event promptly at the scheduled start time and agree to have your guests, invitees and other guests vacate the designated event space at the end time indicated on the final EO. Any time extensions must be communicated in advance to ensure room availability and additional rentals may be applicable. You further agree to reimburse us for any overtime wage payments or other expense incurred by us because of your failure to comply with these regulations.
9. GRATUITY & SERVICE CHARGE: 18% of the food and beverage total plus 13% Harmonized Sales Tax will be added to your account as a gratuity and fully distributed to servers, and where applicable, bussers and/or bartenders assigned to the Event.
10. 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. Alternatively, we, at our option, may in such event make reasonable substitutions in menus and you agree to accept such substitutions.
11. SET UP CHARGES. Should extensive meeting room set-ups, same day set up changes or elaborate staging be required, there will be a set-up charge to cover Hotel costs and additional labor. Charges are as follows: 1 – 50ppl - $75.00, 51 – 100ppl - $150.00, 101+ - $200.00. If equipment is necessary that exceeds Hotel’s inventory, then you agree to pay for the cost of renting this additional equipment. You agree to indemnify us for any damage caused to any Hotel property as a result of drayage related to your event, whether caused by you, your agents, employees, contractors, or agents.
12. OUTSIDE FOOD AND BEVERAGE: Due to provincial law, you may not bring into the Hotel alcoholic beverages. You must obtain prior approval from us before you bring in any food or non-alcoholic beverages from outside sources. A Hold Harmless Agreement and Liability Insurance are required if food or beverage products not purchased and served by Hotel staff are brought in for consumption by your guests. Service fees of $300.00 will apply to any outside food or beverage served in our function space regardless if Hotel labor is required.
13. 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.
14. AUDIO VISUAL EQUIPMENT: PSAV (Presentation Services Audio Visual) is the Hotels official supplier providing on-site audio-visual support. A complete line of audio visual equipment and services is available upon request. Please contact Jason Stabler directly at 416-367-8487. Should you choose to utilize another Audio Visual supplier a fee of $200 will apply per room per day.
15. SOCAN/PERFORMING RIGHTS: The society of Composers, Authors and Musicians of Canada grants licenses on behalf of music composers, songwriters, lyricists and other publishers for the public performance of their music in accordance with rights provided in the Copyright Act of Canada. Authorization for the use of the copyright music at an event requires a Performing Rights License. The Hotel will make arrangements for the this license on the client’s behalf. Fees for this license are based on the room capacity and the following breakdown:
Room Capacity Socan without dancing Socan with dancing
1-100 guests $20.56 $41.13
101-300 guests $29.56 $59.17
301-500 guests $61.69 $123.38
Over 500 guests $87.40 $174.79
16.RE:Sound charges: Re:Sound is the Canadian not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights. On behalf of its members, representing thousands of artists and record companies, Re:Sound licenses recorded music for public performance, broadcast and new media.
For events without dancing:For events with dancing
Fee per event:
Fee per event:
17. SECURITY: If required, in our sole judgment, in order to maintain adequate security measures in light of the size and/or nature of your function, you will provide, at your expense, security personnel supplied by a reputable licensed guard or security agency doing business in the city in which we are located, which agency will be subject to our prior approval. Such security personnel may not carry weapons.
18. COAT CHECK: The in-house coat check service is contracted to Santinos Checkroom Services. Coat check prices (host or cash) are subject to contract rates currently $3.00 per item. Prices are subject to change without notice. When host coat check is selected, a guarantee number will apply. A minimum number of items applies.
19. CONDUCT OF EVENT: You agree to comply with all applicable federal, provincial and local laws including health and safety codes and federal anti-terrorism laws and regulations. You agree to cooperate with Hotel and any relevant governmental authority to ensure compliance with such laws. For the safety of guests and property, no fireworks or incendiary devices may be used indoors at the Hotel. 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. Should you require any rigging services for this event, all such services must be arranged through the in-house AV provider or the Hotel and you will be responsible for all costs associated therewith.
20. INDEMNIFICATION: To the extent permitted by law, you agree to protect, indemnify, defend and hold harmless the Hotel, Hilton Hotels Corporation, the Owner and their respective employees and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney's fees), arising out of or connected with your function, except those claims arising out of the sole negligence or willful misconduct of the Hotel. You represent and warrant that your activities conducted at the Hotel and in connection with the function shall not infringe the patent, copyright or trademark rights or violate rights of privacy or publicity of any third party.
21. FIRE SAFETY: All room sets must be in compliance with the Toronto Fire Department and Ontario Fire Mashall’s office pertaining to occupancy load, mandatory aisles and ceiling clearance and fire exits. Any event which has vehicle displays, fog machines, fueled cooking demonstrations, laser, exhibits (including tabletop) or extensive productions with staging and props must have a certified permit from the local Fire Marshall. All associated fees for permits, floor plan approval and stand-by fire watch are your responsibility and final approved copies must be received at least three days prior to the event. Open flame candles are strictly prohibited.
22. DELIVERIES: Arrangements for delivery of packages should be made through the Events office. Receiving, handling and shipping charges may apply. No COD packages will be accepted. Please ensure each box is numbered and labeled and includes the following information:
Name of Event, Date of Event, Contact Name, c/o Banquet Manager, Deliver to Hilton Toronto, 145 Richmond Street West, Toronto, ON M5H 2L2, (Box 1 of __)
Return address should state a contact name, company name, address and phone number. Packages will not be accepted more than 48 hours prior to the event dates. Any package received after the departure dates of the group will not be accepted and will be returned to sender collect.
23. PROMOTIONAL CONSIDERATIONS: We have the right to review and approve any advertisements or promotional materials in connection with your function which specifically reference the Hilton name or logo, Hilton does not offer or accept any terms or conditions which provide commissions, rebates, HHonors points or other forms of compensation related to revenue for food, beverage, room or equipment rental.
24. COMPLIANCE WITH LAWS. You agree to comply with all applicable federal, provincial and local laws, including health and safety codes and federal anti-terrorism laws and regulations. You agree to cooperate with Hotel and any relevant governmental authority to ensure compliance with such laws. You represent, warrant and agree that you are currently, and at the time of the event which is the subject of this contract will be, in compliance with all applicable local, provincial, federal regulations or laws.
25. 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 contract, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable 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.
26. AMENDMENTS/CHANGES: The parties agree that any amendments or changes to the arrangements described in this contract must be made in writing, signed by both you and us, provided, however, that this contract includes all signed or unsigned banquet event orders (and the terms and conditions contained therein and attached thereto) issued by us for this and related events.
27. INSURANCE: You agree, if requested by us, to obtain and keep in force, during the term of its occupancy and use of our premises for your event, policies of general liability insurance, specifically referring to and including the contractual liability referred to herein, premises-operations, broad form property damage, independent contractors coverage, and personal injury liability with limits of $1,000,000.00 with such responsible insurance companies satisfactory to us; and, if applicable, worker's compensation insurance to statutory limits, employer's liability insurance with limits of $100,000.00 and automobile liability insurance covering all owned, non-owned and hired vehicles with limits satisfactory to us. You agree to include Hotel, Hilton Hotels Corporation and Owner in such policies as additional insureds thereunder. Your insurance will be considered primary of any similar insurance carried by us. You agree to deliver to us at least three (3) days prior to your event copies of certificates of insurance for each policy required by us.
28. FORCE MAJEURE: Neither party shall be responsible for failure to perform this contract 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 North America make it illegal or impossible for the Hotel to hold the event