CONTRACT

FAYETTEVILLETOWNCENTER

This will confirm the arrangements made by the FayettevilleTownCenter and the Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas, Fayetteville Department, hereafter referred to as the “Client”, concerning the forthcoming meeting, convention or event. The FayettevilleTownCenter and the Client agree that:

  1. The Client hereby engages the FayettevilleTownCenter and its staff for an event, and the TownCenter agrees to furnish same under the following terms: (By mutual agreement in writing, these rates, as well as the rates set forth in Paragraph 1(f), hereof may be revised or otherwise changed.)

A)Scheduled days and dates of event: .

B)Access to facility: .

C)Anticipated attendance: .

D)Anticipated meeting room requirements: indicated below.

Room(s) Reserved: .

From: (Day, Date and Hour of Event):

Type of Function: . Set-Up: per client’s instructions

Room Rental Charge: $.

E)Other Charges:

To be billed separately as incidental charges upon completion of event.

F)Room Rental Rate(s) include use of room, standard tables and chairs with maximum seating for 850, standard white tablecloths, set-up, tear-down, and cleaning of main rooms excluding food removal.

G)The TownCenter will notify the Client in writing prior to construction or remodeling in the FayettevilleTownCenter that could interfere with the Client’s event. In such case, the TownCenter will provide equal, alternate space within the TownCenter or will provide a full refund of the Client’s deposits and payments.

H)The Client agrees to follow all TownCenter policies and procedures.

I)The TownCenter expressly prohibits entry of caterers and/or food service establishments who are delinquent on local HMR taxes and/or who have formerly breached TownCenter policies. Upon request of the TownCenter, and no later than 3 weeks prior to the event, the Client shall notify the TownCenter of all vendors or caterers providing services at said event.

  1. Charges and Payments:

Room Charge: / $
Service Charge:
Other Charges:
Applicable Taxes:
Total Contracted Charges: / $

A)

B)A non-refundable deposit of 50% of the base, room charge is required with the executed contract to guarantee rental. Balance of payment is scheduled as follows. Failure to submit payment on or before the scheduled payment date can result in release of reservation and forfeiture of deposit.

$ withsigned contract.

$ due on

$ – Total Due

C)The Client agrees to pay for additional equipment, services or rentals used by the Client or its subcontractors at the time of the event. Additional rentals, services and equipment used by the Client but not listed in this contract will be billed separately as an incidental charge, after the event. Published rates for equipment, services and rentals will be made available to the Client at the time of contract execution.

D)This agreement will bind both the TownCenter and the Client. Subject to the provisions of this contract, if the Client cancels at anytime between the execution of this contract and function date, the TownCenter will be entitled to the following fees based on the date of cancellation and the original function date:

3 or more months prior to eventforfeiture of deposit

2 to 3 months prior to eventforfeiture of deposit & 50% of all contracted charges

1 to 2 months prior to eventforfeiture of deposit & 75% of all contracted charges

1 - 30 days prior to eventforfeiture of deposit & 100% of all contracted charges

  1. The performance of this agreement by either party is subject to acts of God, war, government regulation, disaster, strikes, civil disorder, curtailment of transportation facilities, or other emergency making it illegal or impossible to provide the facilities or to hold the event. It is provided that this agreement may be terminated for any one or more of such reasons by written notice from one party to the other. In the event of such termination, deposits and all payments shall be refunded, except actual, authorized expenditures incurred by the Fayetteville Town Center for special arrangements as agreed upon in writing by the parties.
  1. The TownCenter reserves the right to inspect and cancel any private meeting, banquet, and/or reception to insure compliance with TownCenter policy, state law and city ordinance. Loss or damage to a group’s displays, decorations or other property brought onto the TownCenter premises will be the sole responsibility of the Client. The FayettevilleTownCenter assumes no liability.
  1. AMERICANS WITH DISABILITIES ACT

As between the parties, responsibility for compliance with the Americans with Disabilities Act (“ADA”) shall be allocated as follows:

The TownCenter will be responsible for compliance with the Americans with Disabilities Act (“ADA”) with respect to:

a)The TownCenter’s policies, practices, procedures and eligibility criteria;

b)Architectural, communications and transportation barriers in the Town Center, other than barriers created by or within the control of the Client, its agents, representatives or contractors; and

c)The provision of wheelchair seating spaces in assembly areas; and

The Client shall be responsible for compliance with the ADA with respect to:

a)the Group’s policies, practices, procedures with eligibility criteria;

b)the provision of auxiliary aids and services in areas designated for the exclusive use of or with the control of the Client;

c)architectural, communications and transportation barriers created by and within the control of the Client, its agents, representatives or contractors.

Nothing contained in this provision shall constitute a waiver of the Client’s right to file suit or Client’s right to assert Eleventh Amendment immunity to suit or to assert any state law immunities, including, but not limited to Article V, Section 20 of the Arkansas Constitution.

  1. The following signatories are authorized and do hereby bind the respective Client and TownCenter in this agreement.
  1. The parties agree to the attached University of Arkansas addendum which is incorporated herein by reference.

Board of Trustees of The University of Arkansas acting for and on behalf of the University of Arkansas, Fayetteville{Enter University Department or Program here}

By (Print Name of Authorized Agent)

Position (Print Title of Authorized Agent)

Date:

Signature:

The FayettevilleTownCenter

By (Print Name of Authorized Agent)

Position (Print Title of Authorized Agent)

Date:

Signature: ______

I have received and read a copy of the FayettevilleTownCenter Policies and Procedures. My signature constitutes acceptance of and compliance with all written policies and procedures subject the exceptions noted. In the event of a conflict between this agreement and the policies and procedures, the terms of this agreement shall control.
Signature: ______Date: ______

04/13/2009 kw

02/20/2016 kw