Royal India Miramar/ Royal Banquet Terms and Conditions.
Clients holding an event must agree to comply with and agree to terms and conditions and are referred to as “Client” and Royal India, Royal Banquet, Royal Catering with management and staff collectively have been referred to as “Royal” in this agreement.
1. Services to be Provided:
“Client” must specify and both parties must agree in writing, regarding which services to engage “Royal” including following and charges for all the services to be charged. Services and items not included in the contract are not inclusive unless specified in writing. All changes must be in writing:
A. # of guests guarantee attending the event given by the client. If additional guests come them Additional $25 plus per person charged will be added to the final bill.
B. Decorating the banquet hall including Tables, Chairs, Tablecloths, Napkins,
C. Serving time and/ or delivering the agreed to menu items to event location
D. Timings of setup and breakdown
E Agreed to menu items to be served as per final menu
F Food to be served Buffet style, Family Style or Plated
G.. Breakdown and cleanup charges
H. Number of staff members requested including servers and bartenders
I. Other additional services
2 Menu to be served:
“Client and “Royal” must finalize and accept the menu to be served at the event and sign the menu paper.” All changes and updates in the menu must be in writing and accepted by both parties.
“Royal” reserves the right to make small changes to the menu only if key ingredients are unable to be sourced due to reasons beyond the control of both parties.
3. Consideration and Payment Terms:
In exchange for the specified service, the client shall pay the “Royal”, negotiated and agreed price per person or all inclusive price for the number of guests in attendance at the event, by Credit card or cash. A nominal processing fee up to 5% will be charged for payments made by credit card.
A nonrefundable deposit is required upon signing the contract. Deposit Amount due $1000.00
Balance due as per the payment schedule before the event. If the balance is not received 30 days before the event, the venue may cancel the reservation and all deposits may be forfeit at the sole discretion of Royal.
4. Cancellation policy:
In case of cancellation by the guest, Reservation deposit will not be refundable. In case of cancellation by “Royal” Full refund will be issued.
If the host decides to change the date of the event. $1000 fees will be added each time.
in case of cancellation 3 months or less prior to the event by the “Client”. 50% of the total amount will be due in order to cover the losses .
5. Interest Expense & Collection Fees
Bills not paid in full as per the payment schedule are deemed overdue and will be assessed a 1.5% interest charge monthly, equivalent to 18% annually, further, All accounts turned over for collections or legal pursuit are charged reasonable collections costs. Attorney fees.
6. Number of guests Guarantee and charges:
Clients agree to inform Royal at least 15 days in advance if the number of guests increases, Unfilled reservations WILL be billed. An additional $25 per person charge will be added to extra guests showing up to the party or any additions made after the final deadline in addition to the set price per guests If guest chose a package for the number of guests attending. Per person charges will be the package price divided by the number of guests as per the contract.
7. Additional Services:
Client agrees to pay for any and all additional services requested by the client not included in the contract. Any additional services request shall be made by the client in writing and pay for added services additionally and added services will not be part of the payment scheduled previously.
8. Outside vendor to work as an independent Contractor at the venue:
It is agreed that an outside vendor or Caterer or food supplier shall perform the specified work as an independent contractor. They will not be considered as “Royal” employees in any capacity. The outside Caterers at the Royal India Royal Banquet venue must maintain their own insurance and workman comp and shall use their own tools, utensils and equipment. If an outside caterer does not provide insurance, Client will be fully responsible for all liabilities, including food or damages caused by the outside caterer or its employees or associates.
9. Force Majeure:
It is expressly declared that the “Royal” shall not be liable for failure to deliver due or attributable to breach, non performance or delay in performance obligation under any act of God, orders, ordinances, restrictions or regulations of the Government of Central or State, War, warlike conditions, hostilities, riots, civil, commotions, strikes, lockouts, labor trouble, lack of failure of source of supplies of raw materials, labor or power or fuel shortage, breakdown or repair or accidents in the course of preparation, non availability of transportation or any other cause or circumstances of whatsoever nature beyond the control of the company
No refund will be given, however the deposit can be adjusted to future events by the client.
10. Cancellation or Termination of the contract by the client:
In the event of cancellation of the function by the Client,. “Royal” is entitled to liquidated damages equivalent to 100 % of the total estimated charges for the canceled function. “Royal” may keep deposit and patrons shall be obligated to reimburse “Royal” for any damages, costs incurred, including, but not limited to, lost profits, the cost of any supplies purchased in anticipation of the event and for the contract price of the event.
11. Insurance and Indemnification:
“Royal” shall procure and maintain in full force and effect during the term of this Contract a general liability insurance policy, Client agrees to indemnify and hold harmless “Royal” for any injury, damage, theft or loss of property (including without limitation, equipment, plates, utensils and motor vehicles) occurring at the event that is caused by guests attending the event.
12. Rules and Regulations:
Client and its guests shall hold the event in compliance with rules and regulations by the city, state and Federal Government and will not let anyone say anything against anyone, any religion or others faith or beliefs.
This Contract shall not be assignable by either party without the prior written consent of the other party. Subject to the foregoing limitation, this Contract shall inure to the benefit of and be binding upon the successors and assigns of the respective parties
14. Liquor liability sole responsibility of the client:
If an event is held at “Royal” facility, where liquor is going to be served, all security and/or liquor consuming liabilities by Clients guests, will be the sole responsibility of the “Client”, including but not limited to how much guests can consume and client must guide their under 21 age guests that they must not consume alcohol and should not ask for alcoholic drinks from the bar. Clients must also let their guests know that they must not share their alcohol with minors.
No outside alcohol will be allowed inside and client must make sure that client’s guests do not bring outside alcohol in the facility and client and their guests attending the event must not take alcohol served by the facility outside the premises, and consuming alcohol in a public place is against the law and law enforcement may arrest anyone consuming alcohol outside the facility and Client must protect “Royal” for all legal implications arising from such incidence.
It is the client's responsibility to stop their guests from drinking in excess and beyond the legal limits.
If the event is held till 2 am, Alcohol serving must stop at 1:30 am. Consumption of alcohol after that time in the facility is not allowed by the law.
if Client, its guests or it’s vendors COME INTOXICATED or act inappropriately during or after the event.“Royal” management may stop the event at its discretion, without any refund to the client,
If a client is allowed to bring their own alcohol or if they hire an outside alcohol vendor
Client will be 100% responsible for serving alcohol and for security and all liabilities regarding alcohol at the event.
Alcohol should only be served to persons over the age of 21 under the conditions applicable to the laws of the state and federal authorities. Any violations and penalties in violation of the state and federal laws, which may be caused before, during or after the event, shall solely be the responsibility and 100% liability of the client including paying the penalties, attorney fees and damages to the business to the maximum extent.
15. Client’s sole liability to repair the damages and Royal holds the right to cancel the event for not holding the event in an orderly manner.
If client's, their guests, their vendors or anyone at the premises due to client’s event , invited or uninvited is found not holding an event in an orderly manner, and a controlling authority including police or fire department arrive or are called in. Royal would stop the party and an additional $1000 fine would be charged to the client. No refunds will be issued to the client for stopping the event earlier.
16. “CLIENT” and their guests are solely responsible for unforeseen circumstances such as fights etc..
“Royal” and its team will not be responsible for any situations that involve fights or accidents in and around the facility. Clients, their guests and vendors must have their own insurance and will be 100% responsible for any unforeseen circumstances.
17. Liability of Children attending the event
It is the Client's sole responsibility to have Children attending the event to attend in an orderly manner.
Children should not be allowed to run around and all kids must stay indoors at all times.
Stop Children attending the function from running around and jumping around including from the stage.
If something spills or drops something on the floor , the floor can get slippery and can cause a major or a minor injury.
In case of an injury or damage caused to the property for not conducting the function in an orderly manner. It will be the client's sole responsibility to cover all the medical and legal expenses, and also the client will be responsible to pay for the damages to the property.
18. Client’s sole liability and responsibility to hold the event in an orderly manner:
It is understood and agreed that the Client and their guests will conduct the function in an orderly manner and in compliance with all applicable laws, ordinances and regulations. Clients assume responsibility to repair like new or replace all damages caused by their guests, invitees or any other person attending the function including but not limited to furniture, decorations, utensils and plates etc.
It is Client's responsibility and liability that client, their family members, their guests and vendors hold the event in an orderly manner including but limited to the following:
If the client is requesting to use the stage and is going to be using it. Stage is provided in an as is condition and may not be appropriate for everyone to use it as it does not have protection or railing. It is the client's sole responsibility to make sure that the stage is safely usable by them, their guests, vendors or anyone at the Royal facility in connection with the event or otherwise.
Clients must check that the stage is safe to be used by anyone who is going to be on the stage. Clients will be solely responsible for using the stage platform for self use, by their guests or anyone attending the function, including but not limited to someone falling from it, slipping from it, any injury caused due to the use of the stage or its surrounding area.
Maximum number of guests allowed on the stage at a time is 6 and the client must control it.
Kids are not allowed to be on the stage unless accompanied by an adult. It is very dangerous for kids to be on the stage themselves and if they fall , it can cause a very serious injury leading up to death.
19. Liability for damage caused by client, their guests or their vendors:
Clients will be responsible for any damage caused inside the facility including ruining paint, using graffiti, damaging any property inside or around the premises including decorations, furniture, tables, chairs or any other belongings of “Royal” or the premises.
Upon notifying the client regarding such damages. The client must address the issues within 7 days and get it repaired or repairs will be done by“Royal” and the client will be responsible for payment plus 25% added to administrative time and if premises need to be closed for repairs, then the client will be responsible for lost business in addition to repairs.
No decorations, temporary fixtures, or any materials or application that may cause irreversible damage may be affixed to the walls of the facility that requires the puncturing of walls such as the use of nails, staples, tacks, or doors. Use of such items causes damage and “client” will be liable for paying the damages and for ruining the decor of the hall and for loss of business due to that.
21. Acceptance of contract by the Client and Payment schedule:
As a condition precedent to the agreement that the “client” will pay a deposit on the acceptance of this contract and pay installments computed on the payment page and make a final payment 30 days before the party. All the deposits are non-refundable and in the event of breach of contract by the client, the “Royal” may keep deposit and Client will be obligated to reimburse “Royal” for any damage, costs incurred by reason of breach thereof, including, but not limited to, lost profits, the cost of any supplies purchased in anticipation of the event and for the contract price of the event.
“Royal” does not warrant that said premises are suitable for the purpose for which they are intended as stated herein. No warranty, whether expressed or implied, is given as to the fitness of the premises for the particular use by “Client”
23. Menu selection:
All details of the menu and set up timings etc.will be on the Menu page of the contract. If there is any change, it should be in writing only and Royal may change the menu item, if Royal is unable to source the key ingredient of the item.
Royal India Miramar and Royal Banquet facility and its surrounding area is equipped with still and video cameras where appropriate, and sometimes other cameras are used to capture some photographs and videos of the party. “Royal” Royal India Miramar/ Royal Banquet or its management, may use footage of the party with or without guests, for marketing purposes at its own discretion. If you have an objection to it, please provide a written notice and have it written and signed by the ROYAL management.
24. Liability of personal Property:
Clients, their guests and vendors are responsible for keeping their belongings and valuables in their own possession. Royal will not be responsible for any loss or damage to client’s, their guest’s or their vendor’s property.
25. Property use/ Damage Guidelines:
Materials, posters, signs, or literature may not be affixed to any room wall. We invite you to bring in any favors or decorations that will make your event memorable with the following restrictions: Candle decorations must be votive, tea light or floating candles. Solid pillar candles may be used, one per table. Taper candles are not allowed. Bridal tables may include the Unity candle. Confetti requires a $500.00 clean up charge. The removal of decorative items brought in by you remains with you. We cannot be responsible for items left in the banquet rooms after the function ends. Any damage to walls, floors, Royal equipment or furniture or loss of Royal equipment or equipment rented for the event is the sole responsibility of the client, company or individual and will be charged in accordance with the terms of this agreement.
26. Promotional considerations:
We have the right to review and approve any advertisements or promotional materials concerning your function, which specifically references the Royal India or Royal Banquet or any of its branches' name, address or logo.
27. Attendance guarantee and pricing:
At the initial time of booking an event, guaranteed attendees for the event are required and the price is quoted accordingly. The final attendee count number is required 7 days before the event. This count cannot be less than the guarantee count given on the initial time of booking an event, if the number of count goes down, then pricing will be adjusted higher to cover all the expenses and the total charges will not reduce.
28. Security arrangements:
It is the sole responsibility of the client to arrange security during the function. If for some reason the police need to be called, the function would stop and no refund will be issued. Customers will be liable for any and all damages caused by the guests to the Royal and adjacent facilities to be paid within 7 days.
29. Entire Agreement:
This contract represents the sole and entire agreement between the parties and supersedes all prior negotiations, representations, agreements, arrangements or undergarments, either oral or written, relating to the subject matter of this contract.
30. Insurance :
CLIENT must provide a General Liability insurance covering Royal India Miramar Inc., its owners, employees and owners of the property as an additional Insured.
31. Liquor liability insurance to be provided by the client:
If the event is providing liquor by an outside vendor, clients should also make sure they have Liquor Liability covered on the certificate, otherwise “client” will be 100% liable for everything related to alcohol including any penalties for violations related to serving alcohol.
32. Workers’ Compensation -
If client is providing any staffing, client would also provide Workers' Compensation coverage, and CLIENT must issue a Waiver of Subrogation Endorsement or CLIENT will be solely responsible for any work-related injury to the employee hired by the client directly.
33. Commercial Auto liability insurance:
If the client is driving onto our property, or property we are responsible for. Royal India Miramar Inc. must be added as an additional Insured on the Commercial Auto Policy in case they hit anything with their cars.
34. Reservation and Usage of Facility:
Reservation of the facility shall be on a first-come, first-serve basis. Use of the facility shall be for the purpose of the agreed upon reservation and cannot be used for other purposes. Subleasing shall not be allowed without prior consent of the administrators of the facility. Usage of the facility may be extended by paying additional charges, depending on the circumstance and availability. If the venue is reserved already on the hours requested, extension may not be allowed.
35. Governing Law
This agreement shall be governed by rules of the state of California, to the exclusion of other state laws and jurisdictions.
36. Release of liability:
I agree that in consideration of Royal India Miramar Inc. dba. Royal India Royal Banquet, collectively called “ROYAL” inhere, allows me to hold my event at Royal India/ Royal Banquet. Under the terms set forth herein, myself and on behalf of my family members, heirs,
administrator, our outside vendors if any, personal representatives or assigns, do agree to hold harmless, release, and discharge ROYAL INDIA and/ or ROYAL BANQUET, its owners, agents, independent contractors, employees, representatives, assigns, members, owners of premises and affiliated organizations and insurers and other acting on its behalf of and from all claim, demand, causes of action and legal liability, whether your damage be known or unknown, anticipated or unanticipated and/ or its associate’s ordinary negligence; and I do further agree that except in the event of ROYAL INDIA’s and / or ROYAL BANQUET’s gross negligence and willful and wanton misconduct, I shall not bring any claim, demands, legal actions and causes of action, against “ROYAL” and its associates as stated above, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/ or my guest, my legal ward, in relation to the operations of “ROYAL”, to include during, before or after the function.