Hospitality Purchase: Terms & Conditionstext size
Updated: June 10, 2014
1. PAYMENT TERMS. Unless otherwise specified in this Agreement, in consideration for the Inventory, Purchaser shall pay TOUR the Investment plus applicable taxes.
2. TAXES. TOUR will separately list in all invoices any taxes applicable to this Agreement. Purchaser acknowledges that tax legislation may be amended from time to time and alter the tax amount applicable to this Agreement. TOUR will be responsible to adjust as necessary the tax applicable to any unpaid balance on this Agreement, and Purchaser shall be responsible for payment of applicable tax amounts.
3. GIFTS, AWARDS & INCENTIVES. Purchaser solely responsible for verifying permission to participate. Some companies do not allow their employees to receive gifts, awards or incentives or to participate in rewards programs. If any gifts (e.g., Pro-Am), awards or incentives (e.g., travel reward points) are included in the Inventory, it is Purchaser’s sole responsibility to apply its own policies regarding participation. In certain jurisdictions, the provision of, or receipt of, gifts, awards and other incentives by individuals may trigger tax/social security and or other liabilities on the part of Purchaser and/or the relevant individual. By signing this Agreement, Purchaser and the individual signing on behalf of Purchaser understand and agree to declare and promptly pay any such taxes, contributions or payments for which it is liable from time to time. Purchaser and such individual are solely responsible for all federal, state and local taxes (including income and withholding taxes) and shall pay, or cause to be paid, any such liabilities, it being agreed that TOUR is not liable for such amounts in any way whatsoever. Any gifts, awards or other incentives redeemed by Purchaser or other individual hereunder are one-off, non-continuous benefits and do not give rise to any right to additional remuneration (or any exception thereof) as part of any employment package.
4. DELIVERY OF INVENTORY. TOUR shall not be obligated to provide the Inventory until TOUR receives full and timely payment of the Investment from Purchaser. TOUR reserves the right to modify the Tournament Location and/or Dates in its sole discretion and/or to substitute any Inventory item with an item of equal or greater value. TOUR will notify Purchaser of any such modification via regular mail and/or email. Purchaser shall receive the Inventory at such rescheduled or relocated Tournament. No such modification shall entitle Purchaser to a refund of the Investment.
5. FOOD & BEVERAGE. Purchaser acknowledges that the Investment may be exclusive of food and beverage products and services. If food and beverage is included, such inclusion is detailed in the Inventory. Food and beverage may be purchased throughout the golf course at an additional cost to Purchaser. Professional caterers selected by TOUR will be assigned by TOUR when applicable. If Purchaser is assigned a caterer by TOUR, the caterer shall provide Purchaser a variety of menu options in exchange for a minimum catering charge. Additional catering charges may apply for other food and beverage services mutually agreed upon by Purchaser and the applicable caterer. Hours of food and beverage service are to be mutually agreed upon by Purchaser and the caterer.
6. WEATHER & CANCELLATION POLICY. Purchaser acknowledges and agrees that the Investment is nonrefundable, and Purchaser shall not be entitled to a refund of any portion of the Investment in the event the Tournament or any element of the Inventory is postponed, delayed or rescheduled due to weather, an act of God, state of war, union strike or any other condition beyond the reasonable control of TOUR. In the event the Tournament or any element of the Inventory is postponed, delayed, shortened, or rescheduled due to any such reasons, Purchaser shall receive the Inventory at the rescheduled Tournament or substitute Inventory of equal or greater value at no additional charge to Purchaser. If the Tournament or any element of the Inventory is cancelled in its entirety prior to commencement of competitive play or fulfillment of the applicable element and not rescheduled, TOUR shall refund to Purchaser the Investment less any costs irrevocably incurred (construction, décor, custom printing) and less the pro rata portion of Inventory actually fulfilled.
7. NO LICENSE. Purchaser acknowledges and agrees that, unless specifically detailed in the Inventory, no right or license to the use of any Federation (if applicable), TOUR or Tournament trademarks, names or logos has been granted hereunder. Purchaser shall not use, in any manner, any Federation, TOUR or Tournament trademarks, names or logos without TOUR’s prior written consent. Notwithstanding the foregoing, Purchaser may acquire products (goods, merchandise, or other items) bearing the trademarks, names, or logos of the Tournament sourced only from Official Licensees of TOUR. TOUR shall provide Purchaser contact information for Official Licensees of TOUR upon request.
8. PRODUCTS. Purchaser shall not distribute goods or merchandise at the Tournament without prior written consent of TOUR.
9. MEDIA RIGHTS. Purchaser acknowledges and agrees that TOUR owns all media rights (now existing and to be developed) associated with the Tournament and all onsite activities and venues (collectively, "PGA TOUR Event"), and, as such Purchaser agrees not to transmit or facilitate transmission of any account, description, picture, or reproduction of any PGA TOUR Event, including, without limitation, scoring-related data, without the specific advance written permission of TOUR.
10. PURCHASER’S PROPERTY. Property of any kind brought to the Tournament by Purchaser, its employees, contractors, agents and guests shall be at Purchaser’s sole risk and shall be removed nightly and/or secured by Purchaser at Purchaser’s sole expense and discretion. TOUR shall have the right to remove any such property remaining after the conclusion of the Tournament; to store such property at Purchaser’s risk and expense; to impose additional rental for such time as the presence of the property shall restrict TOUR’s ability to use the storage premises; or to treat any such property as abandoned by Purchaser and take possession thereof. Purchaser hereby waives any right to claim the value of or any damage to such abandoned property and agrees that TOUR may recover from Purchaser the cost of disposing and/or storing same and, after thirty (30) days following conclusion of the Tournament, may sell the same at public auction and apply the proceeds first to the expense of sale, then to TOUR’s expenses, and finally to Purchaser. Purchaser shall assume all risk of damage to and loss by theft or otherwise of the property of Purchaser, its employees, contractors, agents and guests and shall expressly release and discharge TOUR from any and all liability for any such loss. TOUR requires that incident reports be completed in all cases of personal injury, theft, vandalism, etc. Such incidents should be reported immediately so proper investigations can be initiated.
11. ADMITTANCE. TOUR reserves the right to refuse or revoke admittance to the Tournament for any person who acts in a disorderly or disruptive manner, as determined by Tournament officials and/or refuse or revoke use of any other privileges granted in this Agreement due to such conduct. In such event, Purchaser shall not be entitled to any return or refund of any of the Investment.
12. YOUTH POLICY. Children and youth eighteen years of age and younger admitted free with ticketed adult; provided, however, youth access is restricted to grounds only (no hospitality access).
13. NO RESELLING. No privileges contained in the Inventory, including, without limitation, badges, credentials and/or tickets, may be conveyed, assigned, sold or otherwise transferred to another person or entity for financial consideration without prior written consent of TOUR. In the event of any such conveyance, assignment, sale or other transfer, TOUR shall have the right to refuse or revoke use of any badge, credential, ticket or other privilege provided in the Inventory, and Purchaser shall not be entitled to a return or refund of any of the Investment.
15. INDEMNIFICATION. Purchaser shall indemnify, defend and hold the Federation (if applicable), TOUR, their respective subsidiaries and affiliates and their respective officers, directors employees, contractors, volunteers, vendors and agents (“Indemnitees”) harmless from and against any and all liabilities, damages, injuries, claims, suits, judgments, causes of action and expenses (including reasonable attorneys’ fees, court costs and out-of-pocket expenses) suffered or incurred by the Indemnitees as a result of any breach of any obligation hereunder by Purchaser or as a result of Purchaser’s use of the Inventory unless caused by the negligence or misconduct of the Indemnitees.
16. TERMINATION. This Agreement may be terminated by TOUR if the Tournament loses its title sponsor. Otherwise, this Agreement may not be terminated or canceled unless due to breach by Purchaser or TOUR, which breach is not cured within ten (10) days of notice by the non-breaching party. In the event of breach by Purchaser, TOUR shall retain all payments received hereunder as of the date of termination and shall have the right to pursue all available remedies at law or otherwise. In the event of termination due to loss of title sponsor or breach by TOUR, TOUR shall refund the Investment to Purchaser less any costs irrevocably incurred by TOUR in provision of the Inventory to Purchaser as of the date of such termination or breach (e.g., construction, décor, custom printing) and less the pro rata portion of Inventory actually fulfilled.
17. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Purchaser may not assign its rights or obligations hereunder without prior written consent of TOUR. No amendment to this Agreement shall be effective unless in writing and executed by all parties, which execution may be in counterparts (including by facsimile and/or other electronic means), each of which shall be deemed to be an original, but both of which, taken together, shall constitute one and the same instrument. This Agreement may be executed in any number of counterparts, including via facsimile, and each such counterpart shall be deemed an original. The individual signing this Agreement on behalf of Purchaser represents and warrants that he/she has requisite authority to bind Purchaser to its terms.
18. PAYMENT DISCLOSURE. Payments hereunder are not tax deductible as a charitable contribution. This investment may qualify for a 100% deduction as an entertainment expense incurred in connection with a charitable sporting event. Please consult your tax advisor.