Walton Hs Marching Band 5.15.09

CRESTLINE HOTELS & RESORTS, INC. d/b/a CROWNE PLAZA RAVINIA CATERING SALES AGREEMENT

The following represents an agreement between the CROWNE PLAZA RAVINIA and Walton High School entered into as of August 29, 2008 and outlines specific conditions and services to be provided. DESCRIPTION OF GROUP AND EVENT: Organization: Contact:

Phone Number: Email Address:

Walton High School Margaret Abrams Administrative VP 4631 Murphy Mill Court Marietta, GA 30062 404-444-7049 [email protected]

Name of Event:

Walton High School Marching Band Dinner

Official Program Date(s):

May 15, 2009

Anticipated Attendance:

380 persons

FUNCTION INFORMATION AGENDA Below is an agenda of Organization’s meeting and function space requirements. Function rooms are assigned according to the number of persons expected to attend, and may be changed by the Hotel if attendance changes. Room locations are not guaranteed by Hotel unless confirmed in writing. Date 5/15/2009 5/15/2009

Start Time 5:30 PM 7:00 PM

End Time 7:00 PM 10:00 PM

Function Client Setup Dinner & Dance

Setup Rounds of 10

Agr 5 380

Room Rental N/A Food & Beverage Minimum

FOOD & BEVERAGE MINIMUM: Organization agrees that it will provide, and Hotel is relying on, likely total food and beverage minimum revenue of $9,500.00 associated with the event.

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This minimum amount does not include service charges, tax, labor, audio visual, parking or any other miscellaneous charges incurred. If this amount is not met, any remaining difference from the minimum revenue will be accessed as a room rental charge. **The menu for this group will be created by the Catering Sales Manager and Executive Chef and will have a price point of $33.00 inclusive per person. The menu will consist of Salad, Entrée, Starch, Vegetables, Rolls and Butter, Dessert, Iced Tea and Coffee. ** ATTENDANCE GUARANTEES: Attendance guarantees must be given three (3) business days prior to the Event. The Hotel will set up and prepare for 5% above the guaranteed number for groups under 400 people and 3% for groups over 400 people. However, food is prepared for the guarantee and guarantees are not subject to reduction within the three (3) business day period and will be charged accordingly. Increases to guaranteed numbers will be accepted upon availability. If fewer persons are served than what is designated in the guarantee, Organization will be charged based on the number of persons designated in the guarantee. For events for which no guarantee is provided, the planned attendance figures will be considered the guarantee. A set-up charge of $75.00 is applicable for all meal functions with a guarantee of less than 25 guests. Function rooms are held open only during the hours indicated in this Agreement. SERVICE CHARGE AND TAX: All food, beverage, and room rental charges are subject to a 22% service charge and 7% tax. Guest rooms are subject to 12% tax. All taxes and service charge fees are subject to change without notice FUNCTION SPACE: Based on the requirements outlined by the Organization, the Hotel has reserved the function space set forth on the Function Information Agenda attached to this Agreement. IN-HOUSE EQUIPMENT: Hotel will provide, at no charge, a reasonable amount of meeting equipment (for example, chairs, tables, wastebaskets, 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 Organization’s needs. If special setups or extraordinary formats are requested, Hotel will present two alternatives: (1) the rental cost to be paid by Organization for additional equipment; or (2) to change the extraordinary setup to a standard format, avoiding the additional cost. HANDLING/STORAGE FEES: If Organization ships boxes for this meeting, such shipments must be addressed as follows: Crowne Plaza Ravinia 4355 Ashford Dunwoody Road Atlanta, GA 30346-1521 Hold for Arrival: Walton High School Marching Band Dinner Margaret Abrams May 15, 2009 A handling/storage fee of $3.00 per box, $35.00 per crate and $50 per pallet will be charged. All boxes must be marked with the name and date of Organization’s function, as well as box number (i.e., Box 1 of 2; Box 2 of 2). Due to limited storage space, no shipments will be accepted any earlier than 3 days prior to Organizations event. Crowne Plaza Ravinia Agreement

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All boxes must be removed from Hotel within 12 hours following the conclusion of Organization’s Event. All arrangements for shipping boxes to and from the Hotel will be the responsibility of Organization and at Organization’s expense. Hotel does not accept any liability for boxes that arrive unmarked, damaged or fail to arrive at the Hotel. EXHIBITS: It is our understanding that the organization’s program does not involve the use of exhibits or display material. Should your organization request exhibit tables, the Crowne Plaza Ravinia will charge a fee of $35 for each exhibit or display table requested. FOOD & BEVERAGE POLICY: All food and beverage service within the Hotel must be provided by the Hotel and serviced by Hotel personnel. Food and beverage items may not be brought in from outside of the Hotel. Organization understands that, if alcoholic beverages are to be served on the Hotel premises (or elsewhere under the Hotel’s alcoholic beverage license), the Hotel’s alcoholic beverage license requires such beverages be dispensed only by its employees and bartenders. The Hotel’s alcoholic beverage license requires the Hotel to (a) request proper identification of any person of questionable age and refuse alcoholic beverage service if the person is either underage or proper identification cannot be produced, and (b) refuse alcoholic beverage service to any person who, in the Hotel’s sole judgment, appears intoxicated. The Hotel encourages the adoption by banquet groups of a designated driver program, whereby one or more persons accept the responsibility of not consuming alcoholic beverages and providing transportation of others in the party. The Hotel will be happy to assist anyone upon request in making alternative transportation arrangements and/or overnight accommodations during the course of Organization’s function. FOOD AND BEVERAGE TO BE CONFIRMED: The Hotel will contact the Organization to finalize the details of the Event. Menu prices cannot be confirmed until 180 days prior to the Event and are subject to 7% sales tax and 22% taxable service charge. Menu selections must be submitted to the Hotel’s Catering Office at least three (3) weeks in advance to enable the Hotel to make appropriate staffing and product arrangements. PAYMENT: Full prepayment of the estimated Master Account charges must be received on or before May 1, 2009. CANCELLATION: Organization agrees to provide Hotel with written notice of any decision to cancel or otherwise abandon its use of the Hotel (a “Cancellation”) within five (5) days of such decision. If Organization cancels the Event or moves the Event to another city or facility, such decision shall constitute a breach of its obligation to the Hotel and the Hotel will be harmed. If a Cancellation occurs, the parties agree that: (i) it would be difficult to determine the actual harm suffered by the Hotel; (ii) the sooner Hotel receives notice of Cancellation, the lower its actual harm is likely to be because the probability of mitigating the harm by reselling space and functions is higher; and (iii) the highest percentage amount in the chart (the “Chart”) set forth below reasonably estimates Hotel’s harm for a last-minute Cancellation and, through its use of a sliding scale that reduces damages for earlier Cancellations, the Chart also reasonably estimates Hotel’s ability to lessen its harm by reselling Organization’s space and functions. Organization therefore agrees to pay Hotel, within thirty (30) days after any Cancellation, as liquidated damages and not as a penalty, the amount listed in the Chart below. Crowne Plaza Ravinia Agreement

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Date Cancellation Notice is Received By Hotel

Amount of Liquidated Damages

From date of contract to 180 days prior

25% of Total Estimated Revenue

From 179 days to 90 days prior

50% of Total Estimated Revenue

Within 90 days of Arrival

75% of Total Estimated Revenue

Total Estimated Revenue is $ 9,500.00 Provided that Organization timely notifies Hotel of the Cancellation and timely pays the above liquidated damages, Hotel agrees not to seek additional damages from Organization relating to the Cancellation.

IMPOSSIBILITY: The performance of this Agreement is subject to any circumstance making it illegal or impossible to provide or use the Hotel facilities, including acts of God, war, government regulations, disaster, strikes, civil disorder, or curtailment of transportation facilities. The Agreement may be terminated only for any one of the above reasons by written notice from either Hotel or Organization to the other within ten (10) days of learning of the basis for termination. Neither a change of ownership or management of the Hotel, nor a change in management of Organization shall relieve either party of the responsibilities and obligations of this Agreement. COMPLIANCE WITH LAW: This Agreement is subject to all applicable federal, state and local laws, including health and safety codes, alcoholic beverage control laws, disability laws and the like. Hotel and Organization agree to cooperate with each other to ensure compliance with such laws. CHANGES, ADDITIONS AND OTHER MODIFICATIONS: Any changes, additions, stipulations or deletions including corrective lining out by either Hotel or Organization will not be considered agreed to or binding to the other unless such modifications have been initialed or otherwise approved in writing by the other. LITIGATION EXPENSES: The parties agree that, in the event litigation relating to this Agreement is filed by either party, the nonprevailing party in such litigation will pay the prevailing party’s costs resulting from the litigation, including reasonable attorneys’ fees. ADVANCE DEPOSIT: An advance payment of $2,375.00 will be required in order to hold arrangements on a definite basis. This advance payment is due with this signed contract and will be credited toward the event.

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ACCEPTANCE: Prior to execution by both parties, this Agreement represents an offer by the Hotel. Unless the Hotel otherwise notifies Organization at any time prior to Hotel’s receipt of the Agreement executed by Organization, the outlined format and dates will be held by Hotel on a first-option basis until September 10, 2008. Upon receipt by Hotel of this Agreement signed by Organization, this Agreement will be placed on a definite basis and will be binding upon Hotel and Organization. If a signed Agreement is not received by Hotel from Organization by the Acceptance Date, at Hotel’s option, the arrangements described herein shall be null and void and neither party will have any obligations under the Agreement. In any event, this Agreement shall not be binding on the parties until signed by both parties, including any changes, additions or deletions. Hotel and Organization have agreed to and have executed this Agreement by their authorized representatives as of the Effective Date.

WALTON HIGH SCHOOL Signature: Name:

Date

Title: CROWNE PLAZA RAVINIA Signature: Name: Title:

Sonia R. Hardy Catering Manager

Date

CROWNE PLAZA RAVINIA Signature: Name: Title:

Alan D'Zurilla Director of Sales & Marketing

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