Loading...
HomeMy WebLinkAbout037-26 - McCormick Woods Golf Course - ContractMcCORMiCK WOODS Dc AGREEMENT DATE DATE(S): NAME OF EVENT: ORGANIZATION: ADDRESS: CONTACT NAME: TELEPHONE: EMAIL: McCormick Woods Golf Course 5155 McCormick Woods Dr SW I Port Orchard, WA 98367 GROUP EVENT AGREEMENT Tuesday, February 24, 2026 BOOKING ID #: 2257999 Thursday, April 9, 2026 - Thursday, April 9, 2026 Port Orchard Town Hall RWG 2026 One Time Events Rob Putaansuu SALES CONTACT: TELEPHONE: EMAIL. Bjorn Bjorke 3603295257 bjorn@mccormickwoodsgolf.com This Group Agreement ("Agreement") is between the above -named Organization/Contact Name ("Group") and Group") and McCormick Woods Golf Course ("Facility") managed by Columbia Hospitality, Inc. ("Columbia"). Facility and Group agree to arrangements outlined below. This Agreement will be a definite commitment when signed by both parties by March 10, 2026, and the deposit is received. Between now and decision due date, unless both parties have agreed upon and fully executed this Agreement, the Agreement will be nullified. SCHEDULE OF EVENTS AND FUNCTION SPACE RENTAL: Facility reserves for Group the following Function Space, reflecting the precise times and spaces reserved based on the requirements as Group has indicated them Date Start Time End Time Function Room Set For Setup Food & Beverage Minimum Rental Thu 04/09/2026 6:00pm 8:00pm Trellis Room 100 Audience $80.00 The total Room Rental of $0.00 applies to the use of the Function Space. FOOD AND BEVERAGE: Once food and beverage functions have been established, they will be detailed on Event Orders ("EOs") and sent to Group by Facility. At the time EOs are prepared, the Event Manager will advise Group if the food and beverage selections achieve the minimum (based on those selections). If not, the Event Manager will provide Group with options that would achieve the minimum. Group will then have the option of either altering their selections or paying the difference as room rental. Food and Beverage Minimum: $0.00 Group Initial ID: 20260224144630040 Facility Initial l / AUDIO-VISUAL EQUIPMENT AND SERVICES: All equipment and services are exclusively supplied through Facility and Group will be billed accordingly. There is a 48 -hour cancellation requirement on any audio/visual. In the event Group cancels its audio/visual commitments within 48 -hours of the first day of the event, Group will be charged in full, including taxable service charge and applicable tax. CONCESSIONS REVENUE MINIMUM SUMMARY The Revenue Minimum is the required expenditure based on the specific outlined categories. This Revenue Minimum is used to calculate the deposit and liquidated damages owed in the event of Group's cancellation or failure to achieve the required Revenue Minimum expenditure. The Revenue Minimum does NOT include mandatory service charge, or applicable sales taxes. The figures below are used to determine the Minimum Required Revenue Spend of Group and do not represent any costs or prices guaranteed by Facility. All charges including, but not limited to, food and beverage, room rental, labor fees, audio visual, information technology and specialty rentals, are subject to (depending on Facility) charges such as mandatory service charge and applicable sales tax. (Specific details related to the allocation of these fees are in the Terms and Conditions and are subject to change without notice.) Facility has offered the negotiated rates and concessions based upon the total Revenue Minimum. The following chart illustrates the Revenue Minimum for Group. Food & Beverage Revenue Minimum: Room Rental Revenue Minimum: ($80.00 REVENUE MINIMUM: $8D,00 CANCELLATION/CHANGES POLICY: Group agrees to pay Facility Liquidated Damages in the amounts set forth in the schedule below, based on Agreement Revenue Minimum, when the following may occur: 1) Group's release or cancellation of scheduled event date(s) after Agreement has been signed, or 2) changes by Group to the schedule of events after Agreement has been signed. Intent to cancel or change details in Agreement must be made in writing. For changes to be valid both parties must sign an addendum to Agreement. For cancellation both parties must sign a cancellation document nullifying Agreement, until the document is signed Agreement is still considered in effect. Schedule of Liquidated Damages Prior to Arrival Liquidated Damages Up to 6 months prior to arrival 50% of Agreement Revenue Minimum 179-90 days prior to arrival 65% of Agreement Revenue Minimum 89 -31 days prior to arrival 80% of Agreement Revenue Minimum 30 days prior arrival 100% Agreement Revenue Minimum 14 days prior to arrival Total Value of Program; including Service Charges and Taxes DEPOSIT SCHEDULE. AND BILLING Du Group Initial Facility Initial ID: 20260224144630040 DEPOSIT SCHEDULE: For Agreement to be considered definite, an initial deposit represented in the schedule below, must accompany the signed Agreement. This deposit is non-refundable if Group is cancelled or postponed for any reason, except in the case of force majeure. All deposits must be in the form of an approved/accepted credit card (a surcharge of 3% for Visa/Mastercard/Discover, and 3.5% for American Express), check (if received within fourteen (14) days prior to arrival date), or ACH payment (no fee). In the case of force majeure (as defined herein), the deposit will be refunded. Transaction Type Date Amount Initial Deposit 2/24/2026 $80.00 FINAL PREPAYMENT TERMS: `Final pre -payment is due to Facility fourteen (14) days prior to arrival and will encompass all details that will be charged to the Master Account which would include any additional charges or anticipated additional charges and therefore may require prepayment of 10-15% over the estimated total. Should payment riot be made according to this schedule, Facility may terminate the Agreement and collect Liquidated Damages as outlined in the "CANCELLATION" section. TERMS AND CONDITIONS ADVERTISING: Group shall not use the name, trademark, logo, or other proprietary designation of Facility in any advertising or promotional materials without the prior written approval of Facility. Facility shall accept the same restrictions with respect to the use of Group's name, trademark, logo, or other proprietary designations. Group's requests for any Facility advertising materials should be directed to the Sales Contact. ASSIGNABILITY; SUBLEASING: This Agreement is not assignable or transferable by Group. Group may not sublease any portion of Facility. ATTORNEY'S FEES/COSTS: The parties agree that in any arbitration or court proceeding arising out of or related to this Agreement, the prevailing party will be entitled to recover an award of its reasonable attorneys fees and expert witness fees, costs, and pre- and post -judgment interest. The parties further agree that if Facility must retain counsel or initiate arbitration or legal action to collect any monies owed under this Agreement, whether an arbitration or court action is filed Facility will be entitled to recover its reasonable attorney's fees incurred in such efforts. DISPUTE RESOLUTION: The parties will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to this Agreement by presenting the dispute to senior representatives of Facility and Group for their discussion and possible resolution in the order set forth herein; provided, however, a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, and /or infringement of intellectual property rights shall not be subject to this provision. All negotiations pursuant to this section are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If within a period of thirty (30) calendar days after submission of a disputed matter in accordance with this clause, the respective senior representatives are unable to agree upon a resolution of such dispute, then the dispute will be resolved in State or Federal court in state in which the property resides or Washington State where Columbia Hospitality operates. The parties expressly waive the right to a jury trial DIRECT BILLING: For Direct Billing to be considered Group must complete and return the credit application within six (6) months prior to the arrival date, have paid the applicable deposits, and the amount to be billed is greater than $15,000. Direct Billing is not offered to individuals, only business entities. Once the process has been completed Group will be notified, in writing, of the approved amount and any remaining deposits, if applicable. Invoices are due within thirty (30) days from the date of billing. ESTIMATES/QUOTES: Any estimates that were provided to Group were for the sole purpose of providing a sample of costs and do not reflect Agreement pricing. The estimate document is designed to assist Group with budgeting and is used for estimation purposes only. FORCE MAJEURE/IMPOSSIBILITY OF PERFORMANCE: This Agreement will terminate without liability to either party if substantial performance of either party's obligations is made illegal or impossible by an unforeseeable cause reasonably beyond that party's control. Such causes include, but are not limited to, acts of God; regulations or orders Group Initial I L I Facility Initial ID: 20260224144630040 of governmental authorities; fire, flood, or explosion; war, disaster, civil disorder, curtailment of transportation facilities or services necessary to hold the meeting; any delay in necessary and essential construction or renovation of Facility; strike, lockout; or work stoppage or other restraint of labor, either partial or general, from whatever cause. GOVERNING LAW: The Agreement will be governed by and interpreted pursuant to Washington State laws. LIMITATION OF LIABILITY: Except for damages covered by the indemnifying party's indemnification obligations under this Agreement, neither party shall be liable to the other for any special, indirect, incidental, consequential, punitive or exemplary damages even if such party has knowledge of the possibility of such damages. Under no circumstances shall this limitation of liability limit or waive Group's obligations to pay liquidated damages, including without limitation, attrition charges or cancellation charges that may be owed. This Section shall survive completion or earlier termination of this Agreement. MUTUAL INDEMNIFICATION: Group assumes full responsibility for the conduct of all persons in attendance at the Event and for any damage done to any part of Facility during any time such premises are in use by Group or Group's attendees, guests, invitees, employees, or independent contractors employed by Group, which damage is caused by any of said persons. To the fullest extent permitted by law, Group agrees to protect, indemnify, defend and hold harmless Facility, the company that manages the Facility, the owner of the Facility, and each of their respective owners, commissioners, directors, officers, managers, partners, subsidiaries, affiliates, employees and agents, from and against any and all claims, losses, or damages to persons or property, governmental charges or fines, penalties, liabilities and costs (including reasonable attorney's fees, including fees of paralegals), and whether by reason of personal injury, death, property damage, or otherwise, in any way arising out of or relating to the Event that is the subject of this Agreement but only to the extent any such Claim(s) arise out of negligence, gross negligence or intentional misconduct of Group's employees, agents, contractors, or attendees, or a violation or breach of any of the terms and conditions of this Agreement by Group or any related act or failure to act by Group, including but not limited to the obligation of compliance with applicable laws or regulations. Nothing in this indemnification shall require Group to indemnify Facility Indemnified Parties for the portion of any Claim arising out of the negligence, gross negligence, or intentional misconduct of Facility Indemnified Parties. This section shall survive any termination or expiration of this Agreement. To the fullest extent permitted by law, Facility agrees to protect, indemnify and hold harmless Group, Group's owners, managers, partners, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the "Group Indemnified Parties"), from and against any and all Claims (as such term is defined above) arising out of or relating to the Event that is the subject of this Agreement to the extent any such Claim(s) arise out of the negligence, gross negligence or intentional misconduct of Facility employees, agents, or contractors. Nothing in this indemnification shall require Facility to indemnify any of Group Indemnified Parties for that portion of any Claim arising out of the negligence, gross negligence, or intentional misconduct of Group Indemnified Parties. NON-SMOKING FACILITY: Facility is non-smoking. Smoking of cigarettes, e -cigarettes and cigars are allowed on the outer decks. No cannabis products of any kind are allowed on Facility property. OUTSIDE SUPPLIERS' LIABILITY INSURANCE: Outside suppliers of services must have prior approval from Facility and sign a Vendor Agreement Code of Conduct. The Vendor will procure liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 in aggregate and will name Facility, and Columbia Hospitality, Inc, as additional insureds. As such the Vendor will provide a Certificate of Liability Insurance covering the arrival -departure dates noted above. Certificate must be received fourteen (14) days prior to arrival date. PRIVACY POLICY: Facility complies with its Privacy Policy, which is available at httpsJlcolunnbiahosoitality comiorivaecy-Dol+cyt. Facility will process Personal Information (as defined in the Privacy Policy) pursuant to applicable data protections laws and the Privacy Policy. If applicable, the Group will inform guests and event attendees where to find the Privacy Policy. To the extent that Group transfers information related to any person to Facility, Group confirms and warrants that it will do so in a manner ensuring appropriate security measures and in compliance with all applicable requirements of data protection and privacy laws and regulations. SECURITY AND LIABILITY: Except for liabilities arising out of Facility's indemnification obligations set forth, Facility assumes no responsibility or liability whatsoever for personal injury to, or death of, or for damage to or loss of any article left by Group or its officers, employees, attendees, guests, invitees, or independent contractors on or in the Facility prior to, during, or after the Event. All goods and materials brought into Facility by Group must be shipped out or removed upon the conclusion of the Event as Facility has no storage facilities for this purpose. Do Group Initial Facility Initial ID: 20260224144630040 SEVERABILITY: If any section, subsection, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions hereof shall not be affected by such determination of invalidity and shall remain in full force and effect. WEAPONS POLICY: Group and group's attendees may not at any time while at Facility possess or use any Firearms or Weapons. Weapons include, but are not limited to, guns, knives, or swords with blades over four inches in length, explosives, and any chemical whose purpose is to cause harm to another person. EVENT TERMS AND CONDITIONS ALCOHOLIC BEVERAGES: The State Liquor Control Board regulates the sales and serving of all alcoholic beverages. Facility is responsible for the administration of those regulations and reserves the right to refuse service of alcoholic beverages to any person for any lawful reason. The Facility adheres to strict alcohol service policies to ensure the safety and legality for all guests and events. Guests who appear to be under the age of 40 will be required to show identification, and those without a valid ID will not be served. Each guest is limited to one drink at a time to prevent the possibility of alcohol being given to minors. Additionally, no shots or double drinks will be served. Outside alcohol is prohibited in event spaces, and any found will be confiscated and returned at the conclusion of the event. ASSIGNMENT OF FUNCTION SPACE: The selection of Function Space is based on the anticipated number of attendees at the effective date of the Agreement. Facility reserves the right, in its sole discretion, to reassign the Function Space if the expected attendance of the Event increases or decreases, or to accommodate both Group and other groups that are utilizing the Facility during the date(s) of the Event. ATTENDANCE GUARANTEE: Group must inform Facility of the final number of people who will attend the event functions ten (10) days prior to first event, which will be the final guarantee, by contacting the assigned Event Contact. After the guarantee is provided decreases to the number of attendees will not be accepted. If any increases are required, this information must be provided 72 hours (three days) prior to the first event. For example, if the Event is to start on a Friday, Facility must be notified of the guaranteed number of attendees by Tuesday at 12:00 p.m. Facility will prepare 3% above the guaranteed minimum. Facility will make every effort to serve attendees the same meal selection however, substitutions may be required, anc additional service fees and food costs may be charged. CLEANING AND DAMAGES: All Function Space used must be returned to the condition given. After the Event takes place Facility will assess if there has been any damage done to the property. If additional cleaning must take place to return Facility to its original condition Group will incur the cleaning or property damage fees. CONDUCT OF EVENT: Group agrees to begin the Event promptly at the scheduled time on the start date and agrees to have its attendees, guests, invitees, and other persons vacate the designated Function Space at the closing hour indicated. Group will conduct the Event in an orderly manner in full compliance with applicable laws, regulations, and Facility policies. DECORATING: Facility will not permit Group to affix anything to the walls, floors, ceilings, or the rooms of Facility with nails, tape, or staples. Glitter, or any similar product, is not allowed_ Decorations, signs, or displays brought into Facility for use outside of the Function Space must be approved by Facility prior to the start date of the Event. Displays, exhibits and decorations will comply with the City Building Code(s) and applicable fire prevention ordinances. EVENT SERVICES: Facility requires that final menu selections, including any special dietary requirements, and room setup specifications be completed and received at least thirty (30) days prior to the Group's arrival date. If for any reason final menu selections and room setup specifications are not provided to Facility fourteen (14) days prior to Group's arrival date, Facility may, in its sole discretion, make selections for the Group. Upon review of Group's final menus and event requirements, Event Orders ("EOs") will be sent by Facility to Group within five (5) days to confirm all final arrangements and prices. Once signed, the EO will become a binding part of this agreement. If Group does not advise Facility of any changes on the EOs by the date requested by Facility, Group agrees that the EOs will be considered accepted by the Group as correct and will be billed accordingly. FOOD & BEVERAGE: Doi Group Initial ID: 20260224144630040 IRj Facility Initial /1 No outside food or beverages shall be brought into Facility by Group or attendees at the event without prior written approval. Facility prohibits the removal of food and beverages from the property. LABOR FEES/ACCESS: The following Labor Fees will be assessed and charged at prevailing rates: Event Function Space Reset fee, $100 per hour Access fee additional time, $100 per thirty (30) minutes MANDATORY SERVICE CHARGE DISCLOSURE: All meeting/event charges, except for Room Rental, are subject to a 22% taxable service charge, and applicable sales tax. Of this taxable service charge 9% (or 40% of the 22% taxable service charge) of the amount will be distributed to service personnel and 11% (or 60% of the 22% taxable service charge) of the amount will be retained by the property. If you or your attendees wish to provide an additional tip to the Facility's staff, please feel free to do so. The Mandatory Service Charge will be posted to your Master Account. MUSIC LICENSING: Both parties agree that Facility is not responsible for music licensing, which may be required by use of any music by Group during the Event. Group shall indemnify, defend, and hold Facility harmless from any claims or liabilities in this regard. OUTDOOR EVENTS: Facility reserves the right to make the decision to move any outdoor function to available indoor backup space if any of the following conditions exist wind gusts more than 40 mph, temperatures below 60 degrees, and/or 30% or higher chance of precipitation in the area. Group will be advised of its options for the event a minimum of 24 hours in advance of the function. Facility decision is final. TAXES: Group shall pay all applicable taxes incurred in connection with the Event; or provide the Facility with an IRS From W-9 or sufficient proof or tax- exempt status. WEDDING INCLUSIONS CEREMONY: The room rental for the ceremony applies to the use of the space outlined in the Schedule of Events and will include: Setup and teardown of ceremony chairs and staging. Event space reset from ceremony to reception/dinner. One (1) hour ceremony rehearsal to be scheduled with Facility. Space and time cannot be guaranteed more than fourteen (14) days in advance. WEDDING INCLUSIONS RECEPTION: The room rental for the cocktail reception/dinner applies to the use of the space outlined in the Schedule of Events and will include: Facility will provide white/black tablecloths, white/black napkins, and standard event chairs. All other items would require Group contracting with a third -party provider at Group's expense. AUTHORIZATION AND EXECUTION AUTHORIZATION: Upon execution hereof by their authorized representatives, Facility and Group shall have entered into a legally enforceable Agreement. By doing so, the parties' authorized representatives will have confirmed these arrangements to be definite and agreed that the date of the signature hereon by Facility's representative shall become the effective date of Agreement. If this Agreement is signed by Group as a corporation, partnership, association, club, society, or similar organization, the person signing represents and warrants to Facility that (s)he/they has full authority to sign such Agreement, and in the event (s)he/they is not so authorized, (s)he/they will be personally liable for the faithful performance of this Agreement. This Agreement represents the complete understanding of the parties and may only be modified by a mutually executed written Agreement. In entering into this Agreement, the Parties represent to each other that it has not relied upon any representation whether verbally or in writing which is not contained herein. EXECUTION: This Agreement, together with the Terms and Conditions (incorporated herein by reference), appendices, addenda and exhibits attached hereto (if any), upon signature by both parties below, constitutes the entire Agreement between the parties and may not be amended or changed unless done in writing and signed by the parties. If this Agreement or any attachments thereto are returned signed but with changes, ii shall not constitute an acceptance, but rather a counteroffer by Group that may be accepted or rejected in writing by Facility in its sole discretion. Once Group Initial Facility Initial ID: 20260224144630040 both Group and Facility sign this Agreement, all provisions reserved on Group's behalf will be confirmed and therefore subject to the terms of this Agreement. Upon execution by both parties, this Agreement will be binding upon and shall inure to the benefit of both Facility and Group and their respective successors. If the foregoing arrangements meet with Group's approval, sign, and return: The Agreement The required deposit, in the form of a check, credit card or ACH payment (if available) GROUP FACILITY Port Orchard Town Hall McCormick Woods Golf Course Signature: `lab Ataansau Signature: rpuLo1uupuI 1pcL,1crJv.yovO Name: Rob Putaansuu Name: Bjorn Bjorke Title: Date Signed: 02/24/2026 Title: General Manager Date Signed: Group Initial 1 Facility Initial Di ID: 20260224144630040