FAIRFIELD BY MARRIOT.pdf

The room rates quoted above are based on the reserved length of stay. Hotel reserves the right to change the room rate to the correlating room rate tier with respect to any room(s) the Organization changes the reserved length of stay.

COMMISSION/REBATES (Rooms Commissionable)

The group room rates listed above include a 7% commission on all utilized room nights at the contracted group room rate above, payable to Anthony Travel IATA# 15-517445 at the time final payment for the Master Account is received by the Hotel. Such commission or rebate will only be payable to Anthony Travel if a valid IATA/ARC number is provided to hotel prior to Organization’s arrival. Hotel agrees that the commission paid by hotel to

Anthony Travel will not be reflected or passed on to the group in the form of higher rates charged.

SPECIAL CONCESSIONS

In consideration of the Room Night Commitment and the functions identified on the Function Information

Agenda/Event Agenda, Hotel will provide the Organization the following special concessions:

• Comp meeting space from arrival until departure

• Comp screen, projector, and dry erase board with markers

• Outside F&B allowed in team meeting space

• Comp suite upgrade for Head Coach

• Single Marriott Bonvoy points

• Team elected to add the private hot breakfast buffet at $20++ per person for this stay (instead of going through hot lobby breakfast buffet)

METHOD OF RESERVATION

Reservations for the Event will be made by: Rooming List due 3 weeks prior to arrival; Changes can be made until the day before arrival.

MASTER ACCOUNT

Hotel must be notified in writing at least 12 days prior to arrival of the authorized signatories and the charges that are to be posted to the Master Account. Any cancellation or attrition fees will be billed to the Master Account.

GUARANTEED RESERVATIONS

All reservations must be guaranteed by a major credit card or by Organization. Hotel will not hold any reservations unless secured by one of the above methods.

PAYMENT BY CREDIT CARD OR COMPANY CHECK

All charges for the Event must be paid by credit card or company check, in which case a credit card number is required prior to the execution of this Agreement as a guarantee of payment. When using a credit card, the attached credit card authorization form must be filled out, signed, and returned prior to execution of this

Agreement. Credit cards will be authorized three (3) days prior to arrival and will include a security deposit for incidentals. When using a check, it must be received seven (7) business days prior to arrival.

BILLING ARRANGEMENTS

▪ The following billing arrangements apply: Room & Tax to Group Master Bill; Turn off incidentals

▪ Method of payment: Credit card authorization form

FUNCTION INFORMATION [Function space requested]

Based on the requirements outlined by Organization, the Hotel has reserved the function space set forth on the below Function Information Agenda/Event Agenda.

If the Organization’s actual usage is less than 80% of the Room Night Commitment, the Organization agrees to pay, as liquidated damages and not as a penalty, the difference between 80% of the Room Night Commitment and the Organization’s actual usage, multiplied by the average group room rate plus applicable taxes.

ADJUSTMENT TO CONCESSIONS

In the event of reductions in the Room Night Commitment of more than 20%, the Hotel may adjust any concessions previously offered in this Agreement, including those concessions offered on a complimentary basis, and may also adjust the function space, function rental and/or guest room rates in direct proportion to the reduction in the Room Night Commitment.

CANCELLATION

Hotel agrees that Nebraska Gymnastics can cancel the room block in its entirety for any reason up until 30 days before scheduled check-in date without penalties, fees, or liquidated damages and a full refund will be issued to

Group of all amounts paid by Group.

In addition, and without limiting the foregoing, Hotel acknowledges and agrees that Group is traveling, and/or staying in the Hotel, in connection with their participation in a competition/event/game scheduled at the UNC athletic facilities on 3/12-3/14. Should any of the following occur it would make it impossible for the Group to travel, stay in the Hotel or participate in the scheduled competition/event/game. Therefore, Hotel agrees that the Group may cancel at any time without penalties, fees, or liquidated damages, and receive a full refund of all amounts paid by the Group in the event any of the following occur:

· Competition/event/game scheduled for 3/12-3/14 at UNC athletic facilities is cancelled, incurs a date change, or is relocated or moved more than 30 miles away.

· The competition/ event/ game is cancelled due to either the Group or the Home Team having to withdraw from the competition/event/game due to positive COVID test results, or health and safety protocols and/or mandates imposed by their affiliated university or conference, local or state governments, or the NCAA.

· Hotel becomes unable to provide hotel catering services and/or adequate meeting space for the group.

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.

INDEMNIFICATION

Group shall indemnify, defend and hold harmless the Hotel, its officers, directors, employees and agents, and each of them, from any and all claims, actions, causes of action, demands or liabilities of whatsoever kind and nature including judgments, interest, attorneys' fees, and all other costs, fees, expenses and charges which the Hotel, its officers, directors, employees, and agents, and each of them, may incur arising out of the negligence, gross negligence or willful or wanton misconduct of Group, their officers, directors, employees, or agents. The terms of this provision shall survive the termination or expiration of this Agreement.

The Hotel shall indemnify, defend and hold harmless Group, their respective officers, directors, employees and agents, and each of them, from any and all claims, actions, causes of action, demands or liabilities of whatsoever kind and nature including judgments, interest, attorneys' fees, and all other costs, fees, expenses and charges which

Group, their respective officers, directors, employees, and agents, and each of them, may incur arising out of the negligence, gross negligence or willful or wanton misconduct of the Hotel, its officers, directors, employees, agents, contractors, or any other person or organization hired by the Hotel. The terms of this provision shall survive the termination or expiration of this Agreement.

INSURANCE

Both parties agree to carry insurance in amounts sufficient to protect themselves against any claims arising from activities conducted in Hotel and to indemnify and defend each other as provided for in this Contract. Upon request, each party shall provide a certificate evidencing such insurance to the other party.

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, federal anti-terrorism laws and regulations, and the like. Hotel and Organization 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 Organization, 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 reasonable attorney’s fees.

REWARDS PROGRAM – Marriott Bonvoy Rewards Program

Approximately (10) business days after the conclusion of the Event (provided that the Event is not cancelled and has otherwise complied with the material terms and conditions of this Agreement), the Hotel will award Points to the Member(s) identified below:

Rewarding Events does not apply to Events booked by or on behalf of any governmental entity, including any federal, state or local agency or any other governmental body, and hotels may not award Points to a government employee (or an intermediary booking on behalf of a governmental entity) in connection with the Rewarding

Events program or otherwise in connection with planning, scheduling or contracting for an Event.

CHECK ONE OPTION BELOW:

● Award Points to the Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement)

Member Name: __________________________________________________________________

Rewards Program Member Number: __________________________________________________

The number of Points to be awarded shall be determined pursuant to the Rewards Program Terms and

Conditions, as in effect at the time of award. The Rewards Program Terms and Conditions are available on-line and may be changed at the sole discretion of the Rewards Program at any time and without notice.

The individual(s) identified above to receive Points may not be changed without such individual(s)’ prior written consent. All Rewards Program Terms and Conditions apply.

Seth Dorsey 317811472