2020-170-E Visitors Bureau - The Carolina Club event rental (2)

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DocuSign Envelope ID:6D7ED599-91FF-43AF-9C2F-3897F7360AC8 More than 120 days prior to the Event - 40%of the Estimated Cost 120 days to 90 days prior to the Event - 50%of the Estimated Cost 89 days to 45 days prior to the Event - 75%of the Estimated Cost Less than 45 days prior to the Event - 90%of the Estimated Cost Initial Given the Club's capacity to prepare and serve food and beverages, the parties acknowledge that it is highly unlikely that the Club would be able to mitigate any losses caused by cancellation of the Event. The parties agree that prospectively calculating the damages that Club would suffer as a result of the cancellation of the Event would be exceptionally difficult or impossible. For this reason, the parties have agreed that the calculations set forth above are a reasonable forecast of just compensation in the event of the cancellation of the Event. The amounts due for cancellation set forth herein are intended as liquidated damages and not as a penalty. Deposits will be applied toward the cancellation fee. 3. Guest Guarantee. No later than seven(7) days prior to the Event, Member/Client will confirm the number of guests attending the Event. In the event Club is not notified of the guest confirmation at least seven(7) days in advance, Club will use the estimated number of attendees set forth above as the guaranteed number. Club reserves the right to adjust or substitute the space allocated to the Event to appropriately accommodate the number of confirmed guests. If there is a food and beverage minimum set forth above,the Member/Client will be charged the food and beverage minimum or the actual food and beverage charges, whichever is greater. Subject to any food and beverage minimum set forth above,the Member/Client will be charged for the guaranteed number or the actual number of attendees,whichever is greater. 4. Service Charge/Taxes/Banquet Event Order Pricing. The prices listed on the Banquet Event Order, when attached hereto, are subject to proportionate increases to meet increased cost of supplies for Events reserved more than 120 days in advance,but any such increase shall not exceed 10%. Prices can be set 90 days in advance of the Event. All food and beverage purchases are subject to an automatic 20%(or, if blank,20%) service charge, a portion of which may be distributed by the Club to certain food and beverage service employees. The service charge is not a tip or gratuity. Applicable taxes and fees,in addition to the service charge,will be added to all amounts due under this Agreement,including without limitation cancellation fees as liquidated damages. Once the Banquet Event Order has been finalized,it shall be signed and attached hereto no later than seven(7)days prior to the Event. Exemptions from sales tax will be honored when a valid tax exemption certificate or other required document is presented no later than seven(7)days prior to the Event. At that time, any tax refund claims must be made directly with the tax jurisdiction. 5. Member/Client and Guest Conduct/Contractors. Member/Client is responsible for conduct of Member/Client's guests,attendees,and permitted contractors and will promptly pay for all damages incurred by the Club due to their actions or omissions. No food or beverage of any kind can be brought into or removed from the Club by Member/Client or Member/Client's guests or attendees. Member/Clients that wish to use a third party contractor(s) to provide a specific service, not available through the Club, agree to use a contractor(s) that meets the insurance requirements established by the Club. The Club reserves the right to approve all contractors, such approval not to be unreasonably withheld, and all contractors must provide appropriate proof of adequate Initial: 2112