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Barrier Island
Inn & Restaurant provides extraordinary
accomodations.
TERMS & CONDITIONS:
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LICENSE: Channel Marker 71 Barrier Island Inn & Restaurant,
(establishment of facility) 7601 A1A South, St. Augustine,
Florida 32080 hereby grants to Customer the license and right
to use certain facilities on the date ( ) and (four) hours
dining rooms reservations the day of the wedding is the specified
in the Contract for Services (“License Period”)
for the purpose of holding a private event. Customer hereby
accepts this grant, subject to the following terms and conditions.
RENTAL: The restaurant rental fee for the licensed period
is $800.00 is waived due to the facility hosting the rehearsal
dinner. If Customer does not vacate the facilities at the
conclusion of the License period for reasons within its control,
any additional hours or fraction of hours used in service
of wedding, reception or rehearsal over the specified time
in the contract will result in additional charges of the
balance of the restaurant rental fee for the entire day or
$300.00 per hour. This does not include houseguests using
common areas such as the pool and dock. Additionally, the
customer will be responsible to the facility for all costs
and damages suffered by the Facility or any other customer
due to failure to vacate within the required time.
Friday, Inn Guests Check in: from 4:00 pm
Saturday, license period TBA
Sunday, Check out: 11:00
Bride & grooms stay Sunday and Monday at bonus Check
out: 11:00
ROOM RENTALS: If individual attending the event does not
book rooms, the person booking the event will carry the final
financial responsibility of the un-booked rooms. All rental
equipment must be removed by the end of the day on Monday.
LENGTH OF TIME OF WEDDING & RECEPTION
Exclusive use of The Jewel of the Sea Dinning Room and outside
serving area
will not exceed (4) four hours. This provides our staff with
the time parameter for clean up.
ASSIGNMENT & SUBLETTING: Customer may not assign the
lease or sublet promises.
INDEMNIFICATION & HOLD HARMLESS: Customer agrees to
indemnify, defend and hold harmless Facility, its officers,
directors, agents and employees from and against any and
all demands, claims, damages to persons or property, losses
and liabilities, including reasonable attorney’s fees,
arising solely out of or caused by Customer’s or Customer’s
invitees’ negligence or willful misconduct in connection
with the use of Facilities. Customer assumes responsibility
for any personal loss for personal property left unattended
during or after Event.
Facility agrees to indemnify, defend and hold harmless Customer
from and against any and all demands, claims, damages to
persons or property, losses and liabilities, including reasonable
attorney’s fees, arising solely out of or caused by
Facilities negligence or willful misconduct in connection
with the provision and use of Facilities services as contemplated
by this agreement.
INSURANCE: Facility will carry Commercial General Liability
insurance coverage for property damage and bodily injury
to be in effect over the License Period in an amount not
less than $1,000,000 per occurrence. Facility’s obligation
to Customer for any damages to, or loss of Customer’s
property will not exceed the extent of insurance and the
limits provided in the Commercial General Liability insurance
policy. Customer understands that Facility is a legally organized
corporation legally authorized to enter into and perform
its obligations under this agreement. The obligations of
Facility are limited to the insurance and corporate assets
of Facility and no officer, employee, member or agent of
Facility, in their individual capacities, will have any personal
responsibility with respect to said obligations and liabilities,
or in connection with the execution and or performance of
this agreement. This provision will survive the termination
or cancellation of this agreement. Brides are encouraged
to seek special insurance for cakes and rental equipment.
All vendor of the bridal party should show proof of general
liability.
DAMAGES: Any damages premises, equipment or fixtures caused
by the Customer, or customer’s guests or service agents
will require repair or replacement. The replacement or repair
costs for damages will be charged to the customer’s
credit card. All damages to rooms will be the financial responsibility
of the guest occupying the room will be charged to their
credit card. In the event the customer has the financial
responsibility of booking the room, the room damages will
be charged to the customer. All unpaid invoices due to the
Facility or its subcontractors will accrue interest at the
rate of (3.5%) per month increasing one percent each month
past due, but not to exceed eighteen (18%) per month. If
Channel Marker 71 Barrier Island Inn & Restaurant‘s
staff or brides’ selected baker are responsible for
damage to the wedding cake, Channel Marker 71 Barrier Island
Inn & Restaurant will not be held financially responsible.
The bride should provide cake insurance.
CUSTOMER CONDUCT: Customer’s family and guests shall
not act in a disorderly, boisterous, unlawful manner and
shall not disturb the rights, comforts or convenience of
other persons who reside near the premises. Facility reserves
the right to eject any person or persons whose conduct it
deems improper. Facility reserves the right to control method
and manner of parking spaces. Smoking is permitted only in
designated outside areas, recognizable by existing ashtrays.
PHOTOGRAPHY: Channel Marker 71 Barrier Island Inn & Restaurant
has rights to bridal party’s photography for future
marketing. Outside photographers are welcome but must carry
general liability insurance.
FOOD & BEVERAGE: Facility reserves to itself and its
in-house caterer all catering privileges, including the sale
of all food, and beverages including beer and wine. Food
and beverages will be paid in full before the event. Customer
understands that Facility has no liability for damages to
persons or property that are related to the consumption of
alcohol while on the premises. No removal of any alcohol
packages may be permitted due to Channel Marker 71 Barrier
Island Inn & Restaurant beer and wine license. Channel
Marker 71 Barrier Island Inn & Restaurant beverages packages
are a lump sum purchases per guest and left over beverages
will be forfeited to the bar as per our Alcohol license requirement
with the exception of the Keg opened for the rehearsal dinner,
whereas, it will be put away at last call and served at the
wedding ceremony. St. Johns County’s last call is at
12:30 P.M. All alcohol served by the establishment must be
finished by 1:00 P.M.
DEPOSIT TO SECURE EVENT: A Deposit of Two Thousand Four
Hundred Fifty Two Dollars and 50 cents (half the room charges)
is due at the execution date of this agreement. This deposit
will reserve the function date and people services. Customer
has three (3) days from the date of this contract to cancel
without liability. Customer has additional seven (7) days
to cancel, after which a full refund will be issued, excluding
a $200.00 administration fee, which will be required after
initial (3) three day grace period. Personalized items (e.g.
pre-printed monogrammed items) ordered through Facility on
customer’s behalf will require payment in full in advance
and are neither returnable nor refundable once ordered. Package
price are as agreed unless modifications have been made to
the original agreement whereas prices will be subjected to
change without notice. All signed contract signed by Innkeeper
will be honored.
Final guest count must be submitted within 14 days before
the event whereas your credit card will be charged for the
balance of all costs associated with the event. After that
every date, additional guests will be charged per plate plus
25% plus sales tax and gratuity. Children twelve and under
will be half the cost of an adult plate plus sales tax and
gratuity.
SECURITY DEPOSIT: Two major credit cards will be required
from the customer as a security deposit, and to charges for
damages and outstanding balances. 14 DAYS before the event
one of the two charge cards will be charged for the balance
of the total cost of the event. Time overages of the (“License
Period”), damages, or for any remaining outstanding
charges of the Customer’s final invoice will be billed
to the charge account.
Name on Card____________________________________
VISA__ MC__ DISCOVER__AE__
Card Number________________________ Exp. Date ___/___
Name on Card____________________________________
VISA__ MC__ DISCOVER__AE__
Card Number________________________ Exp. Date ___/___
PAYMENT SCHEDULE: Total of the balance of charges owed to
Channel Marker 71 Barrier Island Inn & Restaurant must
be paid within fourteen (14) days before the function date.
A $250.00 late fee will be charges to Customer if the balance
is not paid in full by the specified balance due date on
the Contract for Services. Payment by personal check must
be made fourteen (14) days before the function date to allow
for clearance time. If Facility does not receive payment
within five (5) days of the Event date, Customer will be
in default on this contract and the terms of “Default
by Customer” will apply.
CHECK IN/CHECK OUT: Check–in requires Facility attendant,
time card and signature. Channel Marker 71 Barrier Island
Inn & Restaurant checks-in time is 3:00 pm and checkout
11:00 am. Early check- ins may be arraigned provided the
rooms are available. Cleaning crews will be in service as
soon as facility is empty of guests and photographers. Check
out will be complete when your last guest leaves. Check-in
at rehearsal require Facility attendant, credit card, time
card, and signature at time of departure. All rental equipment
reserved by bridal party will be removed at time of bridal
party check out.
CHANGE OF EVENT DATE: In order to change an event date after
execution of this contract, customer must make such a request
in writing to owner and conformation of receipt via fax,
specifying request for a new date and time. The new event
date must be selected within five (5) days, upon receipt
of cancellation notice. A prorated amount not to exceed $300.00
administration fee will be charged for all date changes occurring
more than ten (10 days after execution of contract. The administration
fee is due at the time the date is changed. Contract must
be paid in full by the original due date. Date transfers
are allowed. Extending of contract may not exceed ninety
(90) days from the wedding date on the face of said contract.
A contract cannot be transferred more than one time. Transfer
of the original package in total is required. Transferal
contracts are subject to current pricing changes.
DEFAULT BY CUSTOMER:
In the event of Customer’s default of contract, more
than ten (10) days after execution of this agreement and
the Facilities subsequent termination of the agreement, Facility
will be entitled to the following damages: a. 50% of the
total contract price to date, b. a $200.00 administrative
fee to change all service calendars; and c. full payment
for any personalized or specialty items ordered by Facility
on Customer’s behalf. If such default should occur
less than ninety (90) days prior to the Event, Facility will
be entitled to the following damages: a. 75% of the total
contract price to date, b. a $200.00 administrative fee to
remove all charges for service calendars; and c. full payment
for any personalized or specialty items ordered by Facility
on Customer’s behalf. If such default should occur
less then sixty (60) days prior to the Event, Facility will
be entitled to the following damages: a. 100% of total contract
price to date, b. a $200.00 administrative fee to remove
all charges for service calendars; and c. full payment for
any personalized or specialty items ordered by Facility on
Customer’s behalf. The parties agree that all stipulations
of default are liquidated damages and not a penalty.
CANCELLATION BY CUSTOMER: Cancellation of contracts will
require a written cancellation letter, dated and signed.
A grace period of ten (10) days from the date of contract
will be given to customer. If cancellation occurs within
three (3) days of contract, a full refund will be issued.
If cancellation occurs after initial three (3) days, all
monies paid, as down payment will be refunded, with the exception
of $200.00 administrative fee to remove all charges for service
calendars. In the event that the Customer cancels the Event
or this agreement after ten (10) days from the date of this
contract, Facility will be entitled to the following damages:
a. 50% of the total contract price to date, b. a $200.00
administrative fee to remove all charges for service calendars;
and c. full payment for any personalized or specialty items
already ordered by Facility on Customer’s behalf. The
parties agree that these are liquidated damages and not a
penalty. If cancellation by Customer occurs less than ninety
(90) days prior to the event date, Facility will be entitled
to the following damages: a.75% of the total contract price
to date, b. a $200.00 administrative fee to remove all charges
for service calendars; and c. full payment for any personalized
or specialty items already ordered by Facility on Customer’s
behalf. The parties agree that these are liquidated damages
and not a penalty. If cancellation by Customer occurs less
than sixty (60) days prior to Event date, Chapel will be
entitled to the following damages: a. 100% of total contract
price to date, b. a $200.00 administrative fee to remove
all charges for service calendars; and c. full payment for
any personalized or specialty items ordered by Facility on
Customer’s. Any previously booked people services such
as ministers, limo, photographer, etc. cannot be canceled,
and full payment will be required. All parties agree that
these are liquidated damages and not a penalty.
Customer has read, understands and agrees to all stipulations
of cancellation terms and conditions and default terms and
conditions set forth in this agreement.
_________ (initials here)
ACTS OF GOD: The parties to this agreement will be excused
from their performance of the agreement, in whole or in part
because a. performance of this agreement by either party
is prevented by acts of God, war, government regulation or
advisory, disasters, fire, accidents or other casualty, or
b. if any portion of the Facilities is destroyed or damaged
by fire or other calamity so as to prevent the use of the
Facilities for the purpose specified in this agreement. In
the event of termination under this paragraph, Customer will
be refunded all unearned portions of the license fee. In
the event that performance is excused under this paragraph,
Customer will be terminated, and each party waives any claim
against the other for damages by reason of such termination.
ENTIRE AGREEMENT: This agreement contains all of the terms
agreed upon by the with respect to the Event ands supersedes
all prior agreements, arrangements and communications between
the parties concerning the Event, whether oral or written.
Nothing in this Agreement will be deemed to create a partnership
or agency relationship between Facility and Customer to make
either party jointly liable for any obligations arising out
of the activities and services contemplated or performed
by this Agreement. This Agreement will be considered to have
been prepared jointly by the Facility and the Customer, and
in any dispute in connection with this contract, it will
not be construed against either party.
COSTS OF ENFORCEMENT: Should either party bring an action
to enforce terms and declare rights under this agreement,
or should any disputes be submitted for alternative dispute
resolution, the prevailing party will be entitled to recover,
in addition to all other relief to which it is entitled,
its reasonable attorney’s fees and all costs of suit
as fixed by the court or the alternative dispute resolution
panel. Should either party resort to legal action; the parties
agree that the jurisdiction, venue and choice of law will
be city of St. Augustine, St. John’s County, Florida.
If Customer should default in payment of any monetary obligations,
the Facility shall be entitled to all of the Facilities cost
of collection, including attorney fees, and the amount of
15% of the total principal owed.
RIGHTS OF SUBORDINATION: Customer’s right hereunder
are subject and subordinate to any deed to secure debt or
other security instrument now hereafter placed on the premises
by Company.
CORRESPONDING: All notices must be done in writing including
but not limited to number in party, menu, and room requirements.
Total number of guests must be provided no later than 14
days before the event.
All parties agree that all stipulations of losses are liquidated
damages and not penalties. Customer has read and agrees to
all terms and conditions set forth in this agreement.
| Customer |
Facility |
| ___________________ |
___________________ |
| Signature |
Signature |
| Date: ___________ |
Date: ___________ |
| Groom's Name: |
| Address: |
| City: |
State: |
Zip: |
| Home Phone: |
| Work Phone: |
| E-mail: |
| Mother's Name: |
| Home Phone: |
| Work Phone: |
| Father's Name: |
| Home Phone: |
| Work Phone: |
| Stepmother's Name: |
| Stepfather's Name: |
| Bride's Name: |
| Address: |
| City: |
State: |
Zip: |
| Home Phone: |
| Work Phone: |
| E-mail: |
| Mother's Name: |
| Home Phone: |
| Work Phone: |
| Father's Name: |
| Home Phone: |
| Work Phone: |
| Stepmother's Name: |
| Stepfather's Name: |
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