Guest Room & Meeting Room
Guest (guest room and/or meeting room guests shall be known herein as “Guest”) hereby acknowledges that Guest is a customer of Aiden by Best Western @ Austin City Hotel (“Hotel”), 2200 S. Interstate 35, Austin, TX 78704. Specific guest room and/or meeting room agreements entered into between Guest and Hotel shall be known herein as (the “Agreement”). All changes in the terms of the Agreement must be in writing and approved by Hotel.
The Agreement is subject to termination for cause without liability to the terminating party by written notice from one party to the other if cancellation results from acts of God, war, government regulation, disaster, strikes, civil disorder, inclement weather, including but not limited to medical or casualty, or other emergencies beyond the control of both parties, making it inadvisable, illegal or impossible to provide the facilities or to hold the event, or in the event that either party shall make a voluntary or involuntary assignment for the benefit of creditors or enter into bankruptcy proceedings prior to the date of the meeting. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of the Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of that right or power at any one time or times be deemed a waiver or relinquishment of that right for all or any other times.
Hotel reserves the right to change the guestroom assignment without giving prior notice to Guest and Guest authorizes the Hotel to charge guest’s credit card any charges incurred related to the rental.
Guest will be responsible for paying cancellation fees and shall be responsible for damage to rooms and property or for loss of equipment provided by Hotel or Vendors to Guest or its invitees. Guest assumes full responsibility for all repair, replacement, additional cleanup and trash disposal fees of the rented premises.
Guest agrees to vacate the guestroom upon request by hotel without cause.
The Agreement shall be binding upon the successors, assigns, heirs, executors and administrators of the Guest, and shall inure to the benefit of Hotel, the successors or assigns of Hotel and/or to the agents, employees, officers, directors or shareholders of Hotel. Hotel may terminate the Agreement at any time without notice. A copy or facsimile of a signature shall be deemed an original for all purposes. The venue governing the terms and conditions of this agreement is Austin, Travis County, Texas, USA. Texas law is controlling over the terms hereof.
Cooking Is not permitted in guest rooms, except for in the microwave provided.
PARKING & SECURITY
There is no parking fee required for overnight guests or meeting attendees. Guest is urged to lock vehicles and to not leave any valuables that remain unattended. Hotel shall not be responsible for the safekeeping of the Guest’s or invitees personal property located anywhere on the Hotel’s premises, including the parking lot. The hotel’s security camera system features audio / video recording that is NOT supervised.
Hotel makes a reasonable effort to provide a safe and secure environment for its guests and respects and values all individuals’ rights under the law. We take no position on the possession and/or ownership of firearms and default to local, state, and federal gun laws. Hotel does not prohibit firearms on Hotel premises as long as Guests and their invitees are in strict compliance with all applicable local, state, and federal gun laws, regulations and ordinances. It is the responsibility of Guests and their invitees to understand and comply with all applicable local, state and federal gun laws, regulations and ordinances.
Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled first by an attempt at mediation within 60 days of notice. If a settlement is not reached through mediation, the controversy or claim will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Hotel’s maximum liability will be limited to the amount of the meeting room rental charge listed in the Agreement or on the guest folio.
Guest agrees to INDEMNIFY, HOLD HARMLESS AND DEFEND Hotel, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands, and/or actions for damages, infection, illness, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorney’s fees and other reasonable costs, occasioned by the Guest’s rental and/or use of the Hotel premises and/or activities conducted in connection with or incidental to the Agreement, including but not limited to provision, service, and dispensing of payment by Guest, its employees, and agents of alcoholic beverages at the Hotel and arising out of or resulting from the intentional acts or negligence of Guest, its officers, agents or invitees, including all such causes of action based on common, constitutional, or statutory law, or based upon the negligent or intentional acts or omissions of Guest, its officers, agents, or invitees.
WAIVER OF LIABILITY - NOVEL CORONAVIRUS (COVID-19)
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
Hotel cannot prevent Guest from becoming exposed to, contracting, or spreading COVID-19 while staying at and using the facilities and amenities of the Hotel. It is not possible to prevent against the presence of the disease. Therefore, if Guest chooses to stay at the Hotel, and use the facilities and amenities of the Hotel, Guest may be exposing Guest to and/or increasing the risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: Guest agrees that Guest has read and Guest understands the above warning concerning COVID-19. Guest hereby chooses to accept the risk of contracting COVID-19 in order to stay at and use the facilities and amenities of the Hotel. These services are of such value to Guest that Guest accepts the risk of being exposed to, contracting, and/or spreading COVID-19 in order to stay at and use the facilities and amenities of the Hotel in person. Guest agrees that Guest freely, knowingly, and voluntarily assumes the risk and chooses to stay at the Hotel rather than arranging for alternative accommodations at another hotel which Guest is free to do.
WAIVER OF LAWSUIT/LIABILITY: Guest hereby forever releases and waives Guest’s right to bring suit against Hotel and its owners, officers, directors, managers, officials, agents, employees, insurers, licensor, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to staying at and using the facilities and amenities of the Hotel. Guest understands that this waiver means Guest gives up the right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and Guest gives up any claim Guest may have to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW: Guest understands and agrees that the law of the State of Texas will apply to this contract.
GUEST AGREES THAT GUEST HAS CAREFULLY READ AND FULLY UNDERSTANDS ALL PROVISIONS OF THIS RELEASE, AND FREELY, KNOWINGLY AND VOLUNTARILY ASSUMES THE RISK AND WAIVES GUEST’S RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE
IF GUEST IS THE PARENT OF LEGAL GUARDIAN OF A MINOR WHO IS TRAVELLING WITH GUEST, GUEST REPRESENTS, AND HOTEL RELIES UPON THE REPRESENTATION, THAT GUEST HAS THE LEGAL RIGHT TO CONSENT TO AND DOES HEREBY CONSENT TO THE TERMS AND CONDITIONS OF THIS RELEASE ON BEHALF OF THE MINOR.
ADDITIONAL TERMS AND CONDITIONS FOR MEETING AND BANQUET ROOM GUEST(S)
Guest acknowledges that Hotel and any food and/or beverage vendors (Hotel-preferred vendors and Guest-provided vendors shall be known herein as “Vendors”) are independently owned and separately operated entities. Hotel and Vendors may require a minimum guarantee for all meal services, which will be non-refundable in the event of cancellation. Unless otherwise specified in the Agreement, a separate food and beverage agreement will need to be executed. Guest or its Vendors, including but not limited to Guest’s outside food and/or beverage services, will not have access to Hotel’s kitchen facilities or appliances and shall not utilize Hotel’s kitchen refrigerators or the stoves for food storage or preparation. Unless otherwise specified in the Agreement, Guest shall supply its own plates, utensils, beverages, glassware, pots, pans, etc. Guest acknowledges that Hotel has made no representations or warranties to Guest, expressed or implied, regarding any aspect of the food, beverages, services or security to be provided by Vendors or Hotel on Hotel premises, and Guest expressly releases Hotel from any liability related thereto.
Guest agrees to vacate the rental space by the time specified on the Agreement and in no event will the rental space be occupied by Guest past midnight of the day of the rental without Hotel’s written consent. A minimum surcharge of $1,000 shall be applied for any event that does not vacate the premises by the midnight time limit. Property remaining on the Hotel premises after the Departure Date (as defined in the Agreement) may, in Hotel’s sole discretion, be discarded immediately following the Departure Date.
Should Guest require additional food and beverage services and/or meeting space not specified in the Agreement, please advise Hotel as soon as possible so that we may attempt to secure such additional space for your use. In order to make Guest‘s function(s) as successful as possible, Guest‘s final menu selections, meeting requirements, estimated number of attendees, and arrangement for entertainment, decorating, flowers, photography, audio/visual, lighting, electrical hook-ups and other special requirements, must be submitted at least ten (10) business days prior to the first contracted event. Should those requirements be received after that time, the Hotel cannot guarantee the availability of these services. The quotations listed do not include taxes and service charges which are currently an 8.25% tax on food and beverage, an 8.25% tax on AV equipment (to be provided and set up by Guest), and a 22% taxable service charge on the entire bill, or any special request charges that are not listed in this agreement.
Guest will be responsible for paying cancellation fees and shall be responsible for damage to rooms and property or for loss of equipment provided by Hotel or Vendors to Guest or its invitees. Guest assumes full responsibility for all repair, replacement, trash disposal fees and additional cleanup of the rented premises. Additional cleanup by Hotel staff will be billed at a minimum hourly rate of $100.
Guest acknowledges that the Attic Loft meeting space is not mobility accessible. Hotel premises contain certain hazardous and non-hazardous materials, like cleaning supplies, etc.
Guest shall have its own insurance, including but not limited to Assault and Battery, Abuse and Molestation, and Liquor Liability insurance, to cover its activities and invitees/participants on Hotel premises. Specific limits of these policies shall be determined by contract. Hotel may require Guest to provide proof of insurance naming Hotel as an additional insured. Such policies shall contain a waiver of subrogation in favor of Hotel, its officers, agents and employees. Hotel may require Guest to maintain off duty uniformed police/security service and Hotel will not provide security for Guests or its invitees. Further, Hotel shall not be responsible for the safekeeping of the Guest’s or invitees’ equipment or other personal property located anywhere on Hotel’s premises, including the rented premises or parking lot. Safety deposits boxes are available at front desk.
Guest is responsible to inform all invitees and all people in attendance, along with the persons or Vendors bringing in the food and beverages, as to the terms and conditions provided herein. Guest shall remit separate deposits and payments for Hotel and Vendors for catering and security services. Deposits remitted to Hotel are non-refundable. Applicable gratuities, service charges and taxes apply on charges. Guest is solely responsible for all taxes due related to its activities conducted on Hotel’s premises.
Hotel will not provide security for Guest or its invitees. Hotel may, at its sole option, require Guest to maintain off duty uniformed police/security service during the event.