24.03.13 MA Westin Riverfront DocuSign Envelope ID:089A571 B-F3EC-40ED-9E74-B01 B40B82798
THEWESTIN
RIVERFRONT
RESORT & SPA
AVON, VAIL VALLEY
Carly Herreid
Senior Conference Service Manager
126 Riverfront Lane,PO Box 9690
Avon,CO 81620
P: 970-790-2001
F: 970-790-5555
cherreid@westinriverfront.com
GROUP SALES AGREEMENT
March 11,2024
DESCRIPTION OF GROUP AND EVENT
The following represents an agreement between (Hotel) The Westin Riverfront Resort& Spa,Avon,Vail Valley PO Box
9690 126 Riverfront Lane,Avon,CO 81620,970-790-6000 and Town of Avon(Group).
ORGANIZATION: Town of Avon
CONTACT:
Name: Ineke de Jong
Title Chief Administrative Officer
Street Address: PO Box 975
City, State,Postal Code: Avon,CO 81620
Country: USA
Phone Number: 970.748.4013
E-mail Address: idejong@avon.org
NAME OF EVENT: Town of Avon
REFERENCE#: M-SV9KVB9
OFFICIAL PROGRAM DATES: December 10,2024
BILLING ARRANGEMENTS: Payment will be made as indicated below. Please check applicable option.
Master Guest Pays
Account Pays
Event Food & Beverage (including taxes, taxable service X
charges,and administrative charges):
Parking Charge X
TAX EXEMPT STATUS
If Group qualifies for tax exempt status in the State of Colorado, a valid copy of the appropriate tax-exempt certificate
must be provided along with the signed contract.
FUNCTION INFORMATION AGENDA/EVENT AGENDA
Based on the requirements outlined by Group, the Hotel has reserved the function space set forth on the below Function
Information Agenda/Event Agenda.
Date Day Start Time End Time Post Expected Function Space
As/Signage
12/10/2024 Tue 6:30:00 PM 8:30:00 PM Reception 30 One Rooftop Bar
(BUYOUT)
We are unable to remove furniture in One Rooftop Bar Ds
Page 1 of 7 Initi 1 I'LJ
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION
DocuSign Envelope ID:089A571 B-F3EC-40ED-9E74-B01 B40B82798
All meeting room, food and beverage, and related services are subject to applicable taxes (currently 8.9%) and taxable
service charge(currently 24%)in effect on the date(s)of the event. Service charge is taxable, currently 8.9%. All food and
beverage served in the Hotel must be purchased from the Hotel. The Westin is a"linen-less"meeting resort. Our banquet
table set-up provides a crisp, eco-friendly aspect to your event and is just one more of our approaches to being
environmentally and community-focused.Group can rent or bring linens for the event.
ASSIGNMENT OF FUNCTION SPACE
Hotel will provide Group with Function Space in accordance with the schedule of events,based on the contracted number
of people attending the event. Hotel may make reasonable substitutes to Function Space by notifying Group.
BANQUET EVENT ORDERS
Hotel will provide Group with Banquet Event Orders(`BEOs")that specify and confirm the specific details and terms and
conditions for each event including, final menu selections,pricing,room set up and decor. A menu must be selected and
confirmed with Conference Services at least 21 days in advance to guarantee availability due to seasonality of some
selections.
GUARANTEE
Group will provide us with a Guarantee of the exact number of persons who will attend the event.In arranging for private
functions,the attendance must be specified at least fourteen(14)days in advance. Final guarantees must be submitted via
email to Hotel's Catering Manager by 11 a.m.local time(7)full business days prior to an event.At the event,if the number
of guests served is less than the Guarantee,group is responsible for the number guaranteed.If the number of guests served
is greater than the Guarantee,group is responsible for the total number of guests served. If group's guaranteed attendance
increases by more than 3% within three (3) business days prior to the event, the Hotel reserves the right to charge 20%
surcharge on menu prices due to increased costs incurred.Additionally,the contracted menu items may not be available for
the additional guests added.
LABOR CHARGES
Group will be billed for the following labor per person,per hour plus tax:
Chefs for Food Stations(Carving,Omelet,etc.): $150.00/chef
Bar Labor: $150.00 per bartender.We require one bartender for every 75 guests (Waived per Contracted Concession)
Additional labor charges may apply for additional services requested,event changes made less than 48 hours in advance or
for extraordinary cleaning required by the use of decorative materials.
DISPLAYS,DECORATIONS,ENTERTAINMENT
All displays,exhibits,decorations,equipment,musicians/entertainers must enter the Hotel via loading dock. Delivery time
must be coordinated with the Hotel in advance. Special ingress and egress,insurance and security requirements may apply
in the case of events with decor, sets, special lighting or special sound; please consult with your Catering and Service
Manager prior to finalizing such arrangements. Nothing may be attached to the walls and ceilings. A walk-through is to be
arranged with a designated person and Hotel representative after the dismantling. Group is responsible for obtaining all
applicable Fire Marshall approval or permits required for Group's event.Group is also responsible for obtaining all required
ASCAP or BMI licenses for entertainment or music performances at Group's event.
MINIMUM FOOD AND BEVERAGE REVENUE REQUIREMENT
Group agrees to minimum food and beverage revenue of$5,500.00, exclusive of tax and service charge. Menu selection
and pricing is subject to change based on availability. Hotel will confirm the food and beverage prices 30 days prior to
Group's arrival date.
DAMAGE TO FUNCTION SPACE
Group agrees to pay for any damage to the function space that occurs while Group is using it. Group will not be responsible,
however,for ordinary wear and tear or for damage that it can show was caused by persons other than Group and its attendees.
FACILITY FEES
Reduced meeting room rental fee is waived with meeting Food and Beverage Minimum.
MINIMUM REVENUE
This Agreement will generate revenue for Hotel from a variety of sources, including guest rooms, food&beverage, and
charges for ancillary services.The minimum revenue anticipated by Hotel under this Agreement(excluding taxes and other
charges)is: os
Page 2 of 7 Initic
��
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION
DocuSign Envelope ID:089A571 B-F3EC-40ED-9E74-B01 B40B82798
Minimum Food&Beverage Revenue(based on committed food&beverage minimum, excluding $5,500.00
taxes and taxable service charge):
Meeting Room Rental Fee(excluding taxes): Waived
Total Minimum Revenue: $5,500.00
If Group does not fulfill all of its commitments or cancels this Agreement, Group agrees that Hotel will suffer damages that
will be difficult to determine. The "Cancellation" provisions below provide for liquidated damages agreed upon by the
parties as a reasonable estimate of Hotel's losses and do not constitute a penalty of any kind. If Group does not fulfill its
Minimum Food & Beverage Revenue commitment, it will pay the difference between its Minimum Food & Beverage
Revenue commitment and its actual food&beverage revenue(plus all applicable taxes).
MASTER ACCOUNT
Hotel will set up a"Master Account"for Group for payment of charges under this Agreement. Group must review all
charges billed to the Master Account to ensure accurate billing.
PHISHING
Please be aware that bad actors can impersonate Hotel employees. Group should never rely solely on contact information
sent in an email or respond directly to any email requesting a bank account information change. If Group receives a
request from Hotel regarding bank account information,Group should contact the Hotel via verified phone number or in
person to confirm the request prior to providing such information.
PAYMENT BY CREDIT CARD OR COMPANY CHECK
If Town of Avon wishes to pay any portion of its obligation by credit card or company check,the credit card information
must be entered into our secure online web-site.
Prior to the execution of this agreement Town of Avon shall provide hotel with credit card authorization information. A
Credit Card Information Request e-mail will be sent to the e-mail address provided by Town of Avon.
This process must also be followed if direct billing has not been approved and the Master Account charges will be paid by
credit card or company check.
Town of Avon agrees that the Hotel may charge to this credit card any payment as required under this Group Sales
Agreement.
PAYMENT OF MASTER ACCOUNT
Unless direct billing has been established,Group will pay the estimated amount of the Master Account as shown on the
deposit schedule. Group will advise Hotel of its expected method of payment of the Master Account no later than Monday,
March 18,2024. If Group will pay using a credit card honored by Hotel,a valid credit card must be provided
to Hotel no later than March 18,2024,and all Master Account charges will be charged to such credit card at departure.
Any amounts not paid at departure will accrue interest at 1'/2%per month from the date of departure. Upon application
And review by Hotel,Hotel may elect to extend direct billing privileges to Group. If direct billing has been
established,payment of all undisputed amounts is due within 30 days of Group's receipt of invoice from Hotel,and if
not paid within 30 days will accrue interest at 1'%%per month from date of departure. Group must notify Hotel of any
disputes within 5 business days of Group's receipt of invoice from Hotel or disputes will be considered waived. If
Hotel determines after establishing direct billing or a deposit schedule that Group's credit status has changed
negatively,Hotel may require payment of all estimated Master Account charges no later than 5 days before December 10,
2024.
ADVANCE DEPOSIT SCHEDULE
Group will pay the expected charges under this Agreement as follows.
Type Due Date Amount
1st Deposit Contract signing 50% of total minimum revenue (excluding tax and Taxable service
charge)$2,750.00
2nd Deposit Nov. 12,2024 50% of total minimum revenue (excluding tax and Taxable service
charge)$2,750.00
p-DS
Any remaining amount based on final guest room commitment and/or event order guarantees is due 5 days prior to evtrtsn
Page 3 of 7 Initi4l LI
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION
DocuSign Envelope ID:089A571 B-F3EC-40ED-9E74-B01 B40B82798
dates. Estimate balance is subject to change.The Westin Riverfront Resort&Spa reserves the right to withhold any
products or services until full payment is made.
CANCELLATION-Contracts with Room Nights and F&B
Group agrees that the total charges for the Guest Rooms,Food&Beverage and other related contracted hotel services is
estimated at$5,500.00("Hotel Charges"). This amount should be your total minimum revenue.
If Group cancels this Agreement,Group will provide written notice to Hotel,accompanied(except in the case of a Force
Majeure)by payment of the Cancellation Charges amounts indicated below:
From the agreement date to EVENT DATE 100%of the total minimum revenue=$5,500.00
Cancellations amounts do not include taxes.
The parties agree that the amounts included in this Cancellation clause are reasonable estimates of the losses that would
be incurred by Hotel and factor in Hotel's ability to mitigate its losses through resale.
SHIPPING AND RECEIVING
We have the ability to receive UPS,Federal Express,Freight, and USPS packages. USPS packages must include our P.O.
Box number and may be delayed up to 4 days.We will be happy to assist you with your shipments.With regard to outgoing
packages;we can ship packages via UPS and Fed-Ex with ground or express services. Special arrangements must be made
for outgoing freight shipments. Pre-paid labels are recommended, however, we can provide blank shipping labels when
needed with the exception of Fed-Ex Ground.
Exhibit materials being shipped to The Westin should be scheduled to arrive no more than 3 business days prior to the
December 10, 2024. The following information should be clearly stated on all packages. Please have shipping labels
prepared this way.
Contact Name: Name of Guest/Vendor,Vendor Name(if applicable)
Group Name: Name of Group,Arrival Date
Address: 126 Riverfront Lane,PO Box 9690
Avon,CO 81620
Box 1 of 2
Please note that the resort does not provide full service drayage. For large boxes or heavy equipment,special arrangements
will need to be made by you with your carrier. No forklift is available on property.
The Westin Riverfront will not release any packages on show site without full and valid credit card information supplied.
MATERIAL HANDLING CHARGES FOR
RECEIVING BOXES AND DISPLAYS
Regular Packages(0-50 Pounds): $10.00 per package
Large Packages(50-150 Pounds): $20.00 per 50 Pounds*
Pallets: $125.00 per pallet
Crates: $50.00 per 100 Pounds*
*All shipments will be rounded up to the nearest 50 pounds
IMPOSSIBILITY
The performance of this Agreement is subject to termination without liability upon the occurrence of any circumstance
beyond the control of either party—such as acts of God, war, acts of terrorism, government regulations, disaster, strikes,
civil disorder,or curtailment of transportation facilities—to the extent that such circumstance makes it illegal or impossible
for the Hotel to provide,or for groups in general to use,the Hotel facilities. The ability to terminate this Agreement without
liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for
such termination as soon as reasonably practical-but in no event longer than ten(10)days-after learning of such basis.
p-DS
COMPLIANCE WITH LAW Lk9
Page 4 of 7 Initi4 v
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION
DocuSign Envelope ID:089A571 B-F3EC-40ED-9E74-B01 B40B82798
This Agreement is subject to all applicable federal, state, and local laws, including health and safety codes, alcoholic
beverage control laws,disability laws,federal anti-terrorism laws and regulations,and the like.Hotel and Account agree to
cooperate with each other to ensure compliance with such laws.
CHANGES,ADDITIONS,STIPULATIONS,OR LINING OUT
Any changes, additions, stipulations, or deletions including corrective lining out by either Hotel or Group will not be
considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing
by the other.
DISPUTE RESOLUTION
In the event of dispute resolution,the non-prevailing party will pay the other's costs and attorney's fees.
LIQUOR LICENSE
Group understands that Hotel's liquor license requires that beverages only be dispensed by Hotel employees or bartenders.
Alcoholic beverage service may be denied to those guests who appear to be intoxicated or are underage.
COMPLIANCE WITH EQUAL OPPORTUNITY LAWS
This section describes Marriott's obligations as a U.S. federal contractor. It does not apply to Groups that are not part of
the U.S. federal government or using funds from the U.S.federal government for this contract.
Marriott shall comply with all applicable laws,statutes,rules,ordinances,codes,orders and regulations of all federal,state,
local and other governmental and regulatory authorities and of all insurance bodies applicable to the Hotel premises in
performing its obligations under this Agreement.
Marriott(referred to as"contractor"in this section)shall comply with Executive Order 11246,as amended, Section 503 of
the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans' Readjustment Assistance Act, as amended,
which are administered by the United States Department of Labor ("DOL"), Office of Federal Contract Compliance
Programs("OFCCP").The equal employment opportunity clauses of the implementing regulations,including but not limited
to 41 C.F.R. §§ 60.1-4, 60-300.5(a), and 60-741.5(a), are hereby incorporated by reference, with all relevant rules,
regulations and orders pertaining thereto. This contractor and subcontractor shall abide by the requirements of 41
C.F.R. §§60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified
individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination
against all individuals based on their race,color,religion,sex,sexual orientation,gender identity,or national origin.
Moreover,these regulations require that covered prime contractors and subcontractors take affirmative action to
employ and advance in employment individuals without regard to race,color,religion,sex,sexual orientation,gender
identity,national origin,protected veteran status or disability.
Marriott also shall comply with Executive Order 13496 and with all relevant rules,regulations and orders pertaining thereto,
to the extent applicable. The employee notice clause and all other provisions of 29 C.F.R.Part 471,Appendix A to Subpart
A,are hereby incorporated by reference.
To the extent applicable,Marriott shall include the provisions of this section in every subcontract or purchase order so that
such provisions shall be binding upon each contractor, subcontractor or vendor performing services or providing materials
relating to this Agreement and the services provided pursuant to the terms hereof.
TECHNICAL SERVICES
ENCORE is Hotel's preferred provider for audio/visual needs.If the group chooses to bring own A/V equipment,the group
is responsible for setting up as well as operating their own equipment.
PRIVACY
Marriott International,Inc.("Marriott")is committed to complying with obligations applicable to Marriott under applicable
privacy and data protection laws, including to the extent applicable EU data protection laws. Hotel shall comply with the
then-current Marriott Group Global Privacy Statement (the "Privacy Statement," currently available at
http://www.marriott.com/about/privacy.mi)with respect to any personal data received under this Agreement.
Without limiting the foregoing obligation,Hotel has implemented measures designed to: (1)provide notice to individuals
about its collection and use of their personal data,including through the Privacy Statement;(2)use such personal data only
for legitimate business purposes;(3)provide means by which individuals may request to review,correct,update, suppress,
restrict or delete or port their personal data, consistent with applicable law; (4) require any service providers with im
personal data is shared to protect the confidentiality and security of such data; and (5) use technical and organiz tits
Page 5 of 7 Initia
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION
DocuSign Envelope ID:089A571 B-F3EC-40ED-9E74-B01 B40B82798
measures to protect personal data within its organization against unauthorized or unlawful access, acquisition, use,
disclosure,loss,or alteration.
Town of Avon will obtain all necessary rights and permissions prior to providing any personal data to Hotel,including all
rights and permissions required for Hotel, Hotel affiliates, and service providers to use and transfer the personal data to
locations both within and outside the point of collection(including to the United States)in accordance with Hotel's privacy
statement and applicable law. Notwithstanding any other provision,Hotel may use an individual's own personal data to the
extent directed by,consented to or requested by such individual.
IN-HOUSE EQUIPMENT
Hotel will provide, at no charge, a reasonable amount of meeting equipment (for example, chairs, tables, etc.). These
complimentary arrangements do not include special setups or extraordinary formats that would deplete Hotel's present in-
house equipment to the point of requiring rental of an additional supply to accommodate Town of Avon's needs. If such
special setups or extraordinary formats are requested, Hotel will present Town of Avon two (2) alternatives: (1) charging
Town of Avon the rental cost for additional equipment,or(2)changing the extraordinary setup to a standard format,avoiding
the additional cost.
UNATTENDED ITEMS/ADDITIONAL SECURITY
The Hotel cannot ensure the security of items left unattended in function rooms. Special arrangements may be made with
the Hotel for securing a limited number of valuable items. If Town of Avon requires additional security with respect to such
items or for any other reason,the Hotel will assist in making these arrangements. All security personnel to be utilized during
the Event are subject to Hotel approval.
USE OF OUTSIDE VENDORS
If Town of Avon wishes to hire outside vendors to provide any goods or services at Hotel during the Event, Town of Avon
must notify Hotel of the specific goods or services to be provided and provide sufficient advance notice to the Hotel so that
the Hotel can (i) determine, in Hotel's sole discretion, whether such vendor must provide Hotel, in form and amount
reasonably satisfactory to Hotel, an indemnification agreement and proof of adequate insurance, and (ii) approve, using
reasonable judgment,the selection of the outside vendor and the goods or services to be provided by such outside vendor to
Town of Avon, taking into consideration: (a) whether Hotel offers such goods and services; (b) the risk level posed by
certain activities;and(c)the safety and well-being of guests at Hotel.
PERFORMANCE LICENSES
Town of Avon will be solely responsible for obtaining any necessary licenses or permission to perform,broadcast,transmit,
or display any copyrighted works (including without limitation, music, audio, or video recordings, art, etc.)that Town of
Avon may use or request to be used at the Hotel.
MARRIOTT BONVOY EVENTS
Marriott Bonvoy Events provides Points or Miles to eligible Marriott Bonvoy Members who book and hold qualifying
meetings and events at Participating Properties.
Approximately ten(10)business days after the conclusion of the Event(provided that the Event is not cancelled and Town
of Avon has otherwise complied with the material terms and conditions of this Agreement), the Hotel will award Points or
Miles to the Member and relevant account identified below. By inserting the airline frequent flyer account information,the
recipient elects to receive Miles instead of Points.
Marriott Bonvoy Events is not available in certain circumstances, including (1) for any government employee or official
booking a government event(U.S.government event or non-U.S. government event);(2)for any employee of a state-owned
or state-controlled entity("SOE")booking an event on behalf of the SOE; or(3)for any other planner or intermediary when
booking an event on behalf of a non-U.S. governmental entity or SOE. Hotels in the Asia Pacific region are restricted from
awarding Points or Miles to any intermediary booking an event on behalf of any governmental entity or SOE.
GROUP MUST CHECK ONE OPTION BELOW:
L The Contact(as identified on page 1 of this Agreement or the Authorized Signer of this Agreement)is eligible
to receive Points or Miles.
Declines
Member Name
Marriott Bonvoy Membership Number Declines DS
Page 6 of 7 Initiar
��
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION
DocuSign Envelope ID:089A571 B-F3EC-40ED-9E74-B01 B40B82798
*If Miles are desired instead of Points,please also provide:
Participating airline name Declines
Declines
Participating airline frequent flyer account number
OR
❑ The Contact(as identified on page 1 of this Agreement or the Authorized Signer of this Agreement)declines
or is not eligible to receive Points or Miles and hereby waives the right to receive Points or Miles in connection
with the Event.
The individual identified above to receive either Points or Miles may not be changed without such individual's prior written
consent. The number of Points or Miles to be awarded shall be determined pursuant to the Marriott Bonvoy Terms and
Conditions (the "Terms and Conditions"), as in effect at the time of award. All Marriott Bonvoy Terms and Conditions
apply. The Terms and Conditions are available on-line at https://www.marriott.com/loyalty/terms/default.mi and may be
changed at the sole discretion of Marriott International, Inc. at any time and without notice. Capitalized terms used in this
section have the meanings given to them in the Terms and Conditions.
HIGH RISK ACTIVITIES
Hotel has committed to providing the room nights and function space, as applicable, set forth in this Agreement based on
information about the event that Town of Avon has given to the Hotel.Town of Avon agrees that it has presented all material
information required in order for Hotel to provide the rooms and facilities set forth in this Agreement. Should Hotel,in its
sole reasonable discretion, determine at any time that the Event will include a high-risk activity that was previously
undisclosed to the Hotel(including by way of example, and not by limitation,biological agents,pyrotechnics, etc.),Hotel
may terminate this Agreement immediately and without liability,upon written notice to Town of Av
ACCEPTANCE
When presented by the Hotel to Town of Avon,this document is an invitation by the Hotel to Town of Avon to make an
offer. Upon signature by Town of Avon, this document will be an offer by Town of Avon. Only upon signature of this
document by all parties will this document constitute a binding agreement. Unless the Hotel otherwise notifies Town of
Avon at any time prior to Town of Avon's execution of this document, the outlined format and dates will be held by the
Hotel for Town of Avon on a first-option basis until March 18,2024.If Town of Avon cannot make a commitment prior to
that date, this invitation to offer will revert to a second-option basis or, at the Hotel's option, the arrangements will be
released,in which case neither party will have any further obligations.
Upon signature by both parties, Town of Avon and the Hotel shall have agreed to and executed this Agreement by their
authorized representatives as of the dates indicated below.
SIGNATURES
Approved and authorized by Town of Avon:
Name: (Print) Ineke de Jong
Title: (Print) ' Argailligtrative Officer
LiviCe,
3
Signature:
FAE398D7540C4G.,...
Date: 3/13/2024
Approved and authorized by Westin Riverfront Resort and Spa,Avon Vail Valley
Name: (Print) Carly Herreid
Title: (Print) Senior Conference Service Manager
DocuSigned by: I
Signature: f.
6C4D
Date: 3/14/2024
DS
Page 7 of 7 Initialr
��
MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION