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The
only individuals authorized to sign legal documents (including contracts)
in the name of ASME are the Executive Director and Assistant Treasurer.
Specific functions in which the Sections are most apt to be involved
in which generate contracts are conferences and seminars, bus rentals,
catering, meeting locations, and meals. All
such contracts should be forwarded to the Assistant Treasurer for review
and signature to NY Headquarters (fax #212-591-7437). It
is recommended that a copy also be sent to your Field Services Director.
In order
to assist you, included is a list of minimum requirements to be included
in hotel contracts, such as:
The time
required for forwarding and returning the contract is 2-3 business days
for simple contracts. If the determination is made that another party
(meetings department, legal, or insurance broker) must review the contract,
please allow extra time for processing.
It is also
required that mutual indemnification language is used with all vendor
contracts, such as audio visual, tours, etc.
CERTIFICATE
OF INSURANCE
A certificate of insurance must be obtained from vendors when contracting
services for buses, boats, etc., naming the ASME as an additional insured.
The following
information must be submitted with all hotel contracts.
ATTACHMENT
1
Americans With Disabilities Act - Facility/Vendor warrants that
as a place of public accommodation, it is in compliance with the Americans
with Disabilities Act.
ATTACHMENT
2
Force Majeure- The parties' performance under this contract is
subject to acts of God, war, government regulation, terrorism, disaster,
strikes, civil disorder, curtailment of transportation facilities, or
any other emergency beyond the parties' control, making it inadvisable,
illegal or which materially affects a party's ability to perform its
obligations under this contract. Either party may terminate this contract
for any one or more of such reasons upon written notice to the other
party.
ATTACHMENT
3
Indemnification and Hold Harmless Obligation of Facility/Vendor
- Facility/Vendor shall indemnify, defend and hold harmless the American
Society of Mechanical Engineers and its officers, directors, employees
and agents and each of them from any and all claims, actions, causes
of action, demands, liabilities of whatsoever kind and nature including
judgments, interest, attorney's fees, and all other costs, fees, expenses
and charges which American Society of Mechanical Engineers, its officers,
directors, employees, agents and each of them, may incur arising out
of the negligence, gross negligence or willful or wanton misconduct
of Facility/Vendor, its officers, directors, employees or agents.
ATTACHMENT
4
Obligation by the American Society of Mechanical Engineers -
American Society of Mechanical Engineers shall indemnify, defend and
hold harmless Facility/Vendor and its officers, directors, employees
and agents and each of them from any and all claims, actions, causes
of action, demands, liabilities of whatsoever kind and nature including
judgments, interest, attorney's fees, and all other costs, fees, expenses
and charges which Facility/Vendor, its officers, directors, employees,
agents and each of them, may incur arising out of the negligence, gross
negligence or willful or wanton misconduct of the American Society of
Mechanical Engineers, its officers, directors, employees or agents.
ATTACHMENT
5
Construction -Facility/Vendor shall promptly notify Group of
any construction or remodeling to be performed in the Facility/Vendor
over the meeting dates and Facility/Vendor shall use all commercially
reasonable efforts to insure that any such occurrence shall not materially
interfere in any way with Group's use of the Facility/Vendor. Should
construction or remodeling be mutually determined to materially interfere
with Group's meeting, Group shall have the right to terminate this contract
without liability with written notice to Facility/Vendor as long as
such notice is given within (30) days of Group's receipt of notice of
such construction or remodeling.
ATTACHMENT
6
Minimize Noise and Disturbance -The Facility/Vendor shall be
responsible for ensuring that the Group's use of all function space
is free from noise, distractions, disturbances and interruptions within
the reasonable control of the Facility/Vendor. In the event the Group's
use of any function space is so disturbed despite these efforts, the
Hotel agrees:
To make
every reasonable effort to eliminate the noise or disturbance immediately
upon notification by the Group meeting planner and;
To provide
reasonable compensation to the Group if the noise or disturbance was
within the reasonable control of the Hotel but could not be eliminated
and such noise or disturbance had a material negative effect on the
meeting or function.
ATTACHMENT
7
Lowest Rate -It is understood that during the dates of the Agreement,
the Group will have the lowest rate in-house excluding previously negotiated
volume corporate business and/or government accounts, crew rooms other
similar agreements. This applies to rate made available to the general
public, either through the Facility/Vendor Reservation Department, 800
Reservation Service, and any airline reservation system or via the Internet.
ASME will receive room night credit for attendees who are registered
at a government rate. This is provided that the guest identifies him/herself
as part of the ASME group at the time of reservation. The government
rate is based on availability.
ATTACHMENT
8
Cancellation
- This agreement binds both the Hotel and the American Society of Mechanical
Engineers. The cancellation fee will be waived if a conference of equal
or greater value is booked and held within one year of the cancellation.
ATTCHMENT
9
Guest Walk - Clause If a guarantee and confirmed reservation is
not honored because a room in unavailable at check-in, the hotel will
relocate the guest to another hotel. The hotel will pay for the guest's
transportation to and from the other hotel, a phone call by the guest
to advise those concerned of his or her new location, and return the
guest to the original hotel as soon as a room is available. The hotel
will pay for the guest's first night stay at the other hotel, as well
as any rate differential for additional nights that the guest cannot
be accommodated at the hotel.
ATTACHMENT
10
Mitigation -Facility/Vendor shall undertake all reasonable efforts
to resell any unused or canceled rooms, food and beverage commitments,
and any unused or canceled function space under contract to ASME and
will credit those revenues against any penalties, performance clause
fees, payments, or liquidated damages, which amounts, if any, shall
be due and payable 30 days after the dates of the convention/meeting,
provided Facility/Vendor provides proof of its efforts to mitigate such
penalties, fees, payments, or damages and proof that rooms and space
being held for ASME's convention/meeting or its attendees and guests
remained unsold. ASME shall not owe any penalties, fees, payments, or
liquidated damages (or shall only owe such monies proportionately on
a net basis) if Facility/Vendor meets or exceeds its average occupancy
level for the week of the convention/meeting. Facility/Vendor shall
credit ASME for rooms that are charged to other groups. Facility/Vendor
shall deduct rooms that are out-of-order, off market, or are held for
sale for the hotel's "preferred customer" program or similar program
or promotion. Facility/Vendor shall assume the obligation of demonstrating
that, but for ASME's attrition or cancellation, Hotel would have achieved
its average occupancy level for that period, and of demonstrating that
rooms being held for ASME and its attendees were unsold. An audited
statement of actual room usage for each day of the convention/meeting
will be provided to the ASME upon request.
Accepted
By:
______________________________________________________
Facility/Vendor
Date _______________________________________________________
ASME International
Date
By: Joseph M. Holm, Assistant Treasurer
ATTACHMENT
11
Waiver of Liability
Event
Name
WAIVER
OF LIABILITY
I _______________________,
acknowledge that I am voluntarily undertaking to ride a (name vehicle
type or object being used) at the (event name). I understand
the risks associated with riding an (name vehicle type or object
being used) and that riding an (name vehicle type or object being
used) is a dangerous activity that could result in injury or death.
I fully
acknowledge and assume all risks associated with riding an (name
a vehicle type or object being used) and further acknowledge that
my execution of this Waiver of Liability is intended to prohibit the
institution by me or any of my heirs of legal proceedings against The
American Society of Mechanical Engineers, its sections, chapters, officers,
directors, members, agents, employees and volunteers (together, the
"ASME") for any damages or losses, including, without limitation,
those relating to property damage, loss of income, injury, incapacity,
dismemberment or death incurred by me in connection with or resulting
from my riding an (name vehicle type or object being used).
I hereby
release ASME from liability for any and all damages and losses, including,
without limitation, those relating to property damage, loss of income,
injury, incapacity, dismemberment or death to me in connection with
or resulting from my riding an (name vehicle type or object being
used).
I certify
that I have read and understood the above waiver and agree to be bound
by it. I further certify that I am 18 years of age or older.
______________________________________________________
Participant Signature Date
_____________________________________________________
Print name
_____________________________________________________
University or Company
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SIGNING
OF CONTRACTS