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NCAA Hotel Room Block
Letter of Agreement
September 5, 2023
Hotel Name
Hotel Contact Person
Title
Phone Number
Email
Hotel Address
City, State Zip Code
Re: Year Division Gender Sport Championship - LOCATION
Hotel Room Block Agreement
Dear <NAME>:
The National Collegiate Athletic Association (“NCAA”) and Anthony Travel, Inc. ("Anthony Travel")
would like to thank the Hotel Name (“Hotel”) for Hotel’s commitment to servicing the Year Division
Gender Sport Championship (the “Event”) and the following to be known herein as “guest(s):
Headquarter, NCAA Staff, Officials, Teams. This will confirm our room block arrangements for the
Event as specified below.
Anthony Travel is recognized as the travel agency on record and shall service the contract on behalf of the
NCAA.
NCAA grants Anthony Travel the authority to execute on the details of this contract on its
behalf.
NCAA Responsible Party
Contact Organization: The National Collegiate Athletic Association
Address: 700 W. Washington Street, PO Box 6222
Indianapolis, IN 46206-6222
Phone: 317-917-6222
Fax: 317-917-6888
Anthony Travel Agency on Record
Contact Organization: Anthony Travel, Inc. (IATA # 45657010)
Contact Name: Hotel Market Manager
Address: 7920 Belt Line Road, Suite 1010
Dallas, TX 75254
Phone: xxx-xxx-xxxx
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DESCRIPTION OF GROUP AND EVENT
Event ID/Name: Year Division Gender Sport Championship
Room Block Dates: Arrival Date Departure Date
Day:
Total
Date:
Rate
Room Type
Qty.
Qty.
Qty.
Qty.
Qty.
Double/Doubles
Kings
Suites
Total
(FOR INDIVIDUAL SPORTS ONLY DELETE IF TEAM SPORT THAT IS MANDATED TO STAY)
The group rates, terms and conditions apply to any rooms that have been previously reserved by a
team. Hotel must confirm all team and individual collegiate inquiries received over these dates are
evaluated for participation in the NCAA Year Division Gender Sport Championship and placed into
our existing Teams block, if applicable. It is the hotel’s responsibility to fill the NCAA’s Teams block
first as well as back fill into the Teams block after qualifications result in date changes and
cancellations at same group rate, terms and conditions. (refer to Reservations, clause six (6).
The Hotel agrees to hold room block for assignment by the NCAA as indicated. All rooms being held
must be non-smoking.
1. Room Rates and Commission Payments:
The above rates are based on single through max occupancy, per room, per night, and are subject to
total taxes (room, sales, occupancy, and other) of %.
The above rates are [10 or 7]% commissionable on rate listed. Rate also includes a rebate of [10 or
13]% per room, per night. All commissions and rebates are to be paid to Anthony Travel, who will be
responsible for rebate distribution with [CLIENT].
Example: The above room rate of $[$0.00] includes a [10 or 7]% commission, or [Calculated
Commission], and a [10 ro 13]% rebate, or $[Calculated Rebate].
The above rates will be the only published and charged rate to the NCAA, Anthony Travel, host
university and the individual guests.
The Hotel agrees to not offer a rate lower than the contracted group rate to the general public
through any outlet, including internet, hotel directly, or 800#. This does not include corporate
rates, government/AAA rates, etc.
Further, if a lower rate is discovered as being offered during this timeframe, hotel agrees to
honor the lower rate for all existing and future Anthony Travel reservations associated with
this event over the group dates.
All commission and rebate due per the contract will be paid by check, payable to Anthony Travel
(and not through a third-party processor) to the address listed on the first page of this agreement,
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within fourteen (14)- thirty (30) days of group departure. After thirty (30) days, the hotel agrees to
pay an additional one and half percent (1.5%) per month on any unpaid balances. Any commission
and/or rebate amounts not paid within sixty (60) days of the group departure will be sent to a
collection agency. The Hotel will be responsible for any commission and/or rebate collection costs
incurred, including collection costs and fees, attorney fees and court costs. All fees associated with
collection are the responsibility of the hotel and all legal disputes will be settled in the state of
Indiana.
In the event the hotel accepts reservations for the Event, above the contracted number of rooms, the
hotel agrees to pay commission to Anthony Travel as defined in the contract on each of those room
nights utilized during the event. Commission should be applied to any rooms associated with the
event at the group rate.
Meeting Planner Points: For every room night paid on a cumulative basis, the NCAA is entitled to
receive the meeting planner points for these rooms. The Hotel will deposit the meeting planning
points to the NCAA’s account # (Name on Account: Melissa Piening) within thirty
(30) days of the group’s departure.
2. Cut-off Date
The Cut-off Date shall be One (1) week prior to arrival date at 5:00PM local standard time.
Rooms will be held for the NCAA until this applicable Cut-off Date. The NCAA (or Anthony Travel
acting on its behalf) will have the option of reducing the room block up to a hundred percent (100%)
prior to this Cut-off Date without penalty. At the Cut-off Date, Hotel shall offer NCAA the
opportunity to guarantee unreserved rooms. All unreserved rooms not guaranteed in writing at that
time shall be released from the Room Block by Hotel without charge to NCAA or Anthony Travel.
All reservations requested after the Cut-off Date or outside the Room Block must be confirmed by
Hotel and will be accepted on a space available basis at the group room rate.
Should event, or portions of the event, be cancelled, postponed, or relocated by NCAA or the host
university, Anthony Travel, NCAA, host university and the individual guests will not be liable for
any penalties.
If the Event is an elimination tournament, as teams play in the tournament, guests may choose to go
home and reduce their stay at the Hotel. The Hotel understands the nature of the tournament and
agrees to NOT charge any early departure fees to guests, the NCAA or Anthony Travel. In addition,
the hotel agrees to not charge for any cancelled food and beverage due to elimination from the
tournament.
3. Complimentary Room Allotment
For every xx room nights paid for on a cumulative basis (excluding contracted complimentary rooms
or upgrade concessions), the NCAA is entitled to one (1) complimentary room night. The NCAA
shall have the option of assigning these complimentary nights to guests or receiving the room rate of
any remaining complimentary room night paid out with commission to Anthony Travel. Any
complimentary nights to be paid out will be invoiced by Anthony Travel (with related commissions
and/or rebates) post Event. Anthony Travel is responsible for distribution to NCAA if applicable.
Value for paid out complimentary nights is defined as the room rate per night, excluding all taxes.
Example: If eighty (80) room nights were actualized on the block, then the NCAA would earn x
complimentary room nights. If room nights were not used during the Event, then the value of the
above room rate of $RATE and/or $RATE for each remaining room night would be remitted to
Anthony Travel, for distribution to NCAA if applicable or applied to NCAA master account.
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4. Concessions
The following concessions will be offered at no additional charge to the NCAA or the guests:
a. Breakfast: a complimentary full or continental breakfast will be provided for the duration of
the event.
a. Due to tee times, breakfast will be ready as early as 5:30AM (local standard time)
each day at no additional charge, and will be healthy and filling, including at least
one hot protein.
b. Wireless: complimentary wireless internet access for all guests in their rooms, in the meeting
rooms and the lobby area for the duration of the event.
c. Parking: complimentary valet or self-parking for the duration of the event
d. Bus parking: complimentary bus parking for the duration of the event.
e. Site visit rooms: two (2) complimentary site visit room nights to be utilized by Championship
Manager for site visit prior to event
f. Suites: one complimentary suite, per team
5. Space and Meeting Rooms
Enter specific meeting space details here.
If specific meeting space isn’t requested: Based on availability at the time of a potential team
request, the Hotel shall provide complimentary meeting space and related setup required by the
NCAA or the assigned guest without charge.
The Hotel shall provide complimentary meeting space and related setup required by the NCAA or the
assigned guest without charge.
Should the team(s) establish meal functions with the hotel and the team(s) is eliminated from the
tournament, the hotel agrees not to charge the team for any cancelled functions due to elimination
from the tournament.
The Hotel agrees that during the NCAA championships weekend, it shall not knowingly permit
individuals, organizations or corporations (e.g. beer or tobacco companies) to hold meetings,
seminars or hospitality rooms that are in conflict with the NCAA, its principles or purposes or are
direct competitors of the NCAA’s marketing and corporate champions or partners. Any potential
such conflicts should be timely presented for review to and approval by the NCAA prior to
contracting with the individuals, organizations or corporations.
If desired, information kiosks may be staffed at the Hotel by the local organizing committee to
provide information to the participants and spectators in attendance.
6. Reservations
Block reservation method:
HQ/OFFICIALS:
- Rooming List: NCAA or Host will make reservations directly with the Hotel via rooming
list.
TEAM:
- Rooming List: Universities will make reservations directly with the Hotel via rooming list
upon qualifying for the event.
INDIVIDUAL SPORT:
Participating Teams and/or Individuals will contact the hotel directly to make reservations and/or
submit their rooming list(s) and pay for the rooms referencing the group name Event Name”.
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INDIVIDUAL SPORT:
Upon full execution of this agreement, all negotiated rates, concessions, terms and clauses in this
agreement apply to all participating teams and/or individuals associated with this event. In the event
any contradicting items are discovered as being offered to participating teams and/or individuals
associated with this event during this timeframe via sub-block agreements or any other type of
agreement, Hotel will be in breach of this agreement. As such, Hotel agrees to honor all negotiated
rates, concessions, terms and clauses for all existing agreements or reservations related to this
agreement. Further, if any contradicting items are discovered as being offered during this timeframe,
Hotel agrees to revert to the terms of this original agreement.
INDIVIDUAL SPORTS & NC M GYMNASTICS:
Hotel will secure rooms into Anthony Travel block and provide pick up reports based on the
following schedule:
a. Three (3) years prior to first check in date
b. Two (2) years prior to first check in date
c. One (1) year prior to first check in date
d. Six (6) months prior to first check in date
e. Three (3) months prior to first check in date
f. One (1) month prior to first check in date
At Anthony Travel or NCAA’s request, the Hotel will provide its in-house groups list. Any
participating teams or individuals associated with the championship, but not booked within NCAA’s
room block will receive the terms and conditions outlined within this agreement and will also be
credited to NCAA’s room block pick-up.
Hotel will guarantee reservations made by NCAA (or Anthony Travel acting on its behalf) or
participating teams and/or individuals and hold all accommodations for guests arrival, unless
released by the NCAA (or Anthony Travel acting on its behalf) under the terms hereunder.
The NCAA (or Anthony Travel acting on its behalf) or participating teams and/or individuals may
add reservations into the block on or prior to the Cut-off Date and may change and substitute guest
names in reservations at any time. After the Cut-Off Date, additional room reservations will be
accepted by the Hotel based on a space available basis at the contracted room rate. Individual room
cancellations and changes will be accepted by the Hotel, without charge to the guest or NCAA or
Anthony Travel, up to 6:00 PM (local standard time) day of arrival.
7. Room Availability and Relocation
Upon individual and/or group reservation hereunder, Hotel shall provide the applicable guest rooms
within the above room block on the applicable dates listed herein, in accordance with the terms of this
Agreement.
Should the block be oversold, the Hotel will honor all reservations made by the NCAA, Anthony
Travel and guests first and will not relocate NCAA guests.
In the unlikely event that relocation becomes necessary, the following rules shall apply: If Hotel does
not honor a confirmed guest reservation, Hotel shall immediately notify Anthony Travel of relocation
and provide, at Hotel’s expense and at no charge to guest, NCAA or Anthony Travel: (i)
complimentary room accommodations of equal or better quality at a hotel as near to Hotel as possible
for each night accommodations are unavailable, (ii) complimentary automobile transportation
between Hotel and such other hotel as needed by the guest. If a room at Hotel becomes available for
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any night during the guest’s reservations, Hotel shall, at Hotel’s expense, relocate the guest by
automobile to Hotel, except that if the guest does not want to relocate to Hotel from such other hotel,
then the guest may continue to stay at the other hotel. Hotel shall notify Anthony Travel in writing
whenever a reservation for a guest is not honored in Hotel. Failure to honor a guest's reservation shall
be a breach of this Agreement and the above shall not limit any of the NCAA’s rights or remedies in
the event of such a breach. Commission will still be due and payable on all relocated rooms.
8. Rates; Check-in/Check-out
Rates (including commission payments on the rates as defined within) are in effect for the period
starting three (3) nights prior to the first night of the Room Block and ending three (3) nights after the
last night of the Room Block.
9. Billing Arrangements
No advance payment shall be required for any individual utilizing rooms and credit cards should be
charged at the conclusion of stay/checkout for those not on the master account.
HQ/OFFICIALS
Payment of rooms is the responsibility of the NCAA, Host or Local Organizing Committee. Method
of payment will be established by the contracted cut-off date.
The Hotel shall establish a master account for the NCAA and/or guests (i.e. Host or Local Organizing
Committee) as requested, subject to successful completion of Hotel’s credit application. The
established room block may contain reservations that are individual pays own and should not be
routed to the master account. The Hotel is authorized to deduct comps from the NCAA master
account; however, commissions should not be deducted. Any guest setting up a master account for the
sub-block of rooms will be managed by that guest and not NCAA or Anthony Travel, Inc. All charges
that are not in dispute will be paid within forty-five (45) days after receipt of a proper statement and
backup materials from the Hotel.
TEAM/INDIVIDUAL SPORTS
Payment of rooms is the responsibility of the team or institution. Each team/institution is responsible
for their own room, tax and incidental charges. Method of payment will be established with each
team/institution at the time of reservation in the NCAA Team Block.
The Hotel shall establish a master account for the team(s) or institution(s) as requested. The Hotel is
authorized to deduct comps from the NCAA master account; however, commissions should not be
deducted. All charges that are not in dispute will be paid within forty-five (45) days after receipt of a
proper statement and backup materials from the Hotel.
10. Group Actuals
Hotel will provide Anthony Travel with actuals and a final summary of all rooms actualized within
three (3) business days of group departure. Hotel will receive commission invoice within twenty-one
(21) business days of group departure.
11. Signage
The NCAA shall inform the Hotel of the appropriate NCAA signage that will need to be displayed in
the Hotel during the Event at no additional charge to the NCAA. In addition, the NCAA shall have
the right to approve all related signage at the Hotel during the room block dates.
12. Alcoholic Beverages
If alcoholic beverages are to be served in the Hotel’s public space (excluding the NCAA suites and
other space), the NCAA understands that the Hotel may require that the beverages be dispensed only
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by the Hotel’s servers. The NCAA agrees to the Hotel’s policies regarding proper identification of
any person of questionable age or refusal of service to any person who, in the Hotel’s judgment,
appears intoxicated. The Hotel represents and warrants that it has obtained all necessary liquor
licenses and/or permits related to the service of alcoholic beverages, and is in compliance with all
applicable local, state and federal laws related to same.
13. Merchandising
The Hotel agrees that the NCAA or its designees shall have the exclusive right to sell products
licensed by the NCAA for merchandising at the Hotel (inside and outside the premises controlled by
the Hotel). The Hotel agrees to provide at no charge to the NCAA adequate space in its lobby for
such sales. The NCAA guarantees that the merchandise shall be displayed in a neat, professional
manner. This does not preclude the Hotel’s gift shop from offering non-NCAA branded merchandise
for sale.
Additional merchandising and payment terms, if any, must be negotiated between the Hotel and the
NCAAs merchandising agent.
If it deems appropriate, the NCAA will provide apparel for the Hotel staff, primarily the front office
staff, to wear during the Event. If the Hotel is not in the position to approve the NCAA providing
merchandise to its staff, then no other organization shall be provided a similar privilege.
14. Shipping and Handling
If it is necessary for materials to be shipped to the Hotel, each item must be packed properly and
marked with (a) the guest/organization name and contact; (b) date of the function, and (c) name of the
Hotel contact. The Hotel reserves the right to refuse to accept packages that appear damaged. The
Hotel assumes liability for packages that are received by the Hotel and are then misplaced prior to
being accepted by the guest. The Hotel will not accept responsibility for materials delivered to the
Hotel prior to fourteen (14) days before the Event.
The Hotel will receive, and store shipped materials and boxes at no additional charge to the NCAA or
guests.
15. Hotel Changes and Impossibility
Hotel will promptly notify the NCAA in advance of any construction or remodeling to be performed
in Hotel prior to NCAA’s Event, and Hotel represents and warrants that any such construction or
remodeling will not interfere in any way with NCAA’s intended use of the Hotel. If there is
construction or remodeling at Hotel or any changes which may materially and adversely affect the
accommodations or services of Hotel or the guest experience or if there is a change in brand,
ownership or management of Hotel, or reduction in the hotel’s AAA rating from the time the hotel
was initially selected, the NCAA (or Anthony Travel acting on its behalf) may, at their option, cancel
any or all reservations without liability.
In the event the Hotel is destroyed or damaged to such an extent that the NCAA’s requirements may
not be adequately accommodated and said damage or destruction is caused by an instrumentality,
other than an act of God or the active fault of the NCAA or its’ agents, the Hotel shall indemnify the
NCAA for all costs reasonably incurred by the NCAA or participating institution in relocating to
another Hotel.
Notwithstanding the preceding paragraphs in this Paragraph fifteen (15), the NCAA may, at its sole
discretion, upon written notice to the Hotel, cancel this agreement at any time.
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16. Publicity
Hotel agrees that it shall not disclose to any third party the existence of this Agreement, the monetary
value of the Agreement, and shall not publicize NCAA’s presence at the Hotel by use of outside
signs, publications, press release, or any other method without prior written approval from a duly
authorized representative of NCAA. Furthermore, Hotel acknowledges NCAA’s sole ownership of
and exclusive right, title, and interest in and to the NCAA name, logo, and any other trademarks now
or hereafter owned by NCAA or its affiliates, and expressly agrees not to use such NCAA
trademarks. Without limiting the generality of the foregoing, Hotel shall not (i) make any public
announcement regarding its association with NCAA or (ii) use the NCAA name, logo, trademarks, or
any contents in which NCAA holds a copyright, in any promotional materials or activities, or
publications.
17. Indemnity
The Hotel and NCAA and Anthony Travel, shall each defend, indemnify and hold each other, and
their related, affiliated and subsidiary companies and the officers, directors, members, agents,
employees and assigns of each of the foregoing, harmless from and against any and all claims,
demands, suits, judgments, liabilities, losses, costs and expenses of any nature whatsoever (including
attorneys’ fees and costs) arising directly or indirectly from or out of the rooms and other services
provided by the other, the guestsoccupancy of the rooms or use of such other services, any willful
negligent act or omission of the other or its officers, directors, members, agents, employees,
contractors, subcontractors, or assigns or any other failure of the other to comply with the obligations
on its part to be performed hereunder.
18. Privacy
For the purposes of this Agreement, Hotel shall comply with obligations applicable to Hotel under
applicable privacy and data protection laws, including to the extent applicable EU data protection
laws. Hotel shall have implemented measures designed to: (1) provide proper notice to individuals
about its collection and use of their personal data, (2) use such personal data only for legitimate
business purpose(s), (3) provide available means by which individuals may request to review, correct,
update, suppress, restrict, or delete or port their personal data, consistent with applicable law, (4)
require any service providers with whom personal data is shared to protect the confidentiality and
security of such data, (5) use technical/organizational measures and internal controls to protect
personal data within its organization against unauthorized or unlawful access, acquisition, use,
disclosure, loss, or alteration.
a. Additional Indemnification. Without limiting any of Hotel’s other indemnification
obligations outlined herein, Hotel shall be responsible for, and shall indemnify fully, defend
and hold harmless the NCAA and Anthony Travel, its parents and affiliates, and each entity’s
officers, agents, employees and each of the NCAA member institutions, from and against any
and all claims, demands, causes of action, liabilities or damages, including legal costs and
attorneys’ fees, arising out of or resulting from Hotel’s failure to comply with any of its
obligations under this Section, including any actual or alleged improper or unlawful access to,
or breach of, a customer’s personal information.
19. Insurance
Hotel shall maintain the following:
a. Occurrence basis commercial general liability insurance (including broad form contractual
coverage) with minimum limits of Two Million Dollars ($2,000,000.00) combined single limit
per occurrence, protecting Hotel, the NCAA and Anthony Travel from claims from bodily
injury (including death), personal injury and property damage which may arise from or in
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connection with Hotel, the performance of any services pursuant to or in relation to this
Agreement or from or out of any act or omission of Hotel, is affiliates, or the officers, directors,
agents or employees or assigns of either and naming the NCAA and Anthony Travel, and their
related, affiliated and subsidiary companies and their employees, officers, directors and agents
as additional insureds; and
b. Workers’ Compensation Insurance as required by applicable law and Employer’s Liability
Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence.
c. Cyber/privacy liability insurance with limits of not less than Two Million Dollars ($2,000,000)
for each occurrence covering claims involving privacy violations, information theft, damage to
or destruction of electronic information, intentional and/or unintentional release of private
information, alteration of electronic information, and network security.
d. All such insurance required in paragraphs a) through c) above shall provide that the coverage
thereunder may not be reduced or canceled unless thirty (30) days prior written notice thereof is
furnished to NCAA (or Anthony Travel acting on its behalf), shall be primary and not
contributory and shall be written by companies with a Best Guide rating of “A-VII or better.
Certificates of Insurance (and copies of all policies, if required by the NCAA) shall be
furnished to NCAA (or to Anthony Travel acting on its behalf) upon signature of this
Agreement.
20. Mediation and Arbitration
The parties agree that any disputes arising hereunder that the parties cannot resolve between
themselves shall be addressed in the following manner:
a. First, the parties shall engage the services of a mediator through the American Arbitration
Association or as otherwise agreed by the parties. The parties shall share the cost of the
mediation equally. Unless the parties agree otherwise, the mediation shall be in Indianapolis,
Indiana at a time reasonably agreeable to both parties. Both parties may be represented at such
mediation by attorneys, and each side shall have present a member of senior management with
full authority to bind said party to any resolution that may be mediated.
b. Second, in the event mediation fails, any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be settled by arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, and judgment upon
the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Unless the parties agree otherwise, the arbitration hearing shall be held in Marion County,
Indianapolis, Indiana.
21. Entire Agreement: Waiver and Modification; Captions
This Agreement constitutes the entire agreement of the parties with respect to the subject matter of
this Agreement and supersedes any and all previous agreement between the parties, whether written
or oral, with respect to such subject matter.
No waiver or modification of this Agreement, or of any provision herein contained, shall be valid
unless in writing and duly executed by the party to be charged therewith. Paragraph headings used
throughout this Agreement are for reference and convenience only and in no-way define, limit,
describe or affect the provisions of this Agreement.
22. Americans with Disabilities Act
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The Hotel shall be responsible for complying with the public accommodation requirements of the
Americans with Disabilities Act (ADA), including: (1) the “readily achievable removal of physical
barriers to access the meeting rooms (e.g., speakers’ platform, public address systems, etc.), sleeping
rooms and public spaces (e.g., restaurants, restrooms and public telephones); (2) the provision of
auxiliary aids and services when necessary to ensure that no disabled individual is treated differently
by the Hotel than other individuals (e.g., Braille room service menus or reader, etc.), and (3) the
modification of Hotel policies, practices and procedures applicable to all guests and/or groups as
necessary to provide goods and services to disabled individuals (e.g., emergency procedures and
policies of holding accessible rooms for hearing and mobility impaired, disabled individuals until all
remaining rooms are occupied). All extraordinary costs for special auxiliary aids requested by the
NCAA/participating institution shall be borne by the NCAA/participating institution, provided the
Hotel notifies the NCAA/participating institution in advance in writing.
a. The NCAA/participating institution shall be responsible for complying with the following
ADA public accommodation requirements: (1) the readily achievable” removal of physical
barriers within the meeting rooms utilized by the NCAA/participating institution which the
NCAA/participating institution would otherwise create (e.g., set-up of exhibits in an
accessible manner) and not controlled or mandated by the Hotel; (2) the provision of
auxiliary aids and services when necessary to ensure effective communication of the
NCAA/participating institution’s program to disabled participants (e.g., Braille or enlarged
print handouts, interpreter or simultaneous videotext display, etc.), and (3) modification of
the NCAA/participating institution’s policies, practices and procedures applicable to
participants, as required to enable disabled individuals to participate equally in the program.
b. The NCAA/participating institution shall attempt to identify, in advance, any special needs of
its disabled attendees/guests requiring accommodations by the Hotel and will notify the Hotel
of such needs for accommodations, as soon as they are identified to the NCAA/participating
institution. Whenever possible, the NCAA/participating institution shall copy the Hotel on
correspondence with attendees who request special needs as specified by ADA policy. The
Hotel shall notify the NCAA/participating institution in writing of requests for
accommodations, which may be received outside of the NCAA/participating institution’s
reservation program, to facilitate the NCAA/participating institution’s obligations as required
by ADA.
23. Federal/State/Local Laws
Hotel acknowledges and agrees that it is in compliance with all applicable federal, state and local
laws, including health and safety and, alcoholic beverage control laws, etc., and ensures continued
compliance with same during the term of this Agreement.
24. Representations and Warranties
Hotel represents and warrants to NCAA the following:
a. It agrees to render the services conscientiously and to the full extent of its ability and in a
competent and professional manner; and
b. It agrees to perform its services hereunder in a good and workmanlike manner consistent
with commercially reasonable standards; and
c. It will treat all information gained through the performance of its duties under the
Agreement in a confidential manner. It will not at any time, in any fashion, form, or manner,
either directly or indirectly divulge, disclose, or communicate to any person, firm, or
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corporation in any manner whatsoever any information of any kind, nature, or description
concerning any matters affecting or relating to the NCAA, without regard as to whether any
or all the foregoing information would be deemed confidential, material, or important. The
parties hereby stipulate that any breach of the terms of this section is a material breach of the
Agreement.
25. Nonobservance of Agreement
If either the NCAA or the Hotel fails to perform any of the terms or conditions specified and such
failure or breach shall not be cured within ten (10) days after giving the written notice thereof, or
within twenty-four (24) hours after giving notice during the Event, the other party shall have the right
to terminate the Agreement, without prejudice to the right to compensation for loss or damages
sustained.
26. Assignment
Except as expressly set forth herein, this Agreement shall not be assigned or transferred in whole or in
part by either party without the written consent of the other. The Hotel understands and agrees
that the NCAA will assign portions of the block to selected individuals and groups, and agrees
that, upon each such assignment, the NCAA shall cease to be responsible for each such
assignment.
27. Force Majeure
The performance of the Hotel contract is subject to termination without liability upon the occurrence
of any circumstance beyond the control of the NCAA or the Hotel, such as acts of God, war,
epidemics or pandemics, government regulations, disaster, strikes (except those involving the
employees or agents of the NCAA or Hotel), civil disorder or curtailment of the transportation
facilities, to the extent that such circumstance makes it illegal or impossible to provide or use the
Hotel. The ability to terminate the Hotel contract, 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.
If a Force Majeure Event occurs, either party may cancel the event / reservation and terminate this
agreement by giving the other party prompt written notice. If the agreement is terminated pursuant to
this provision, any pre-paid deposits will be returned within thirty (30) days of the termination. A
“Force Majeure Event” shall mean an event or circumstance that is beyond the reasonable control and
without the fault or negligence of the Party impacted, and that could not have been prevented by the
reasonable diligence of the party. Without in any way limiting the foregoing and in addition to the
above paragraph, a Force Majeure Event may include, but are not restricted to (a) acts of God or of a
public enemy, (b) acts of the Government in either its sovereign or contractual capacity, (c) fires, (d)
floods, (e) epidemics or pandemics, (f) quarantine restrictions, (g) strikes, (h) freight embargoes and
(i) unusually severe weather.
28. Bankruptcy
In the event that the NCAA or the Hotel shall make a voluntary or involuntary assignment for the
benefit of creditors or enter into bankruptcy proceedings, become insolvent or subject to foreclosure,
or take any other action for the benefit of creditors or relief of debtors prior to the Event, the other
party shall have the right to cancel the Agreement without liability upon written notice to the other
party.
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29. Changes/Additions/Stipulations/Lining Out
Any changes, additions, stipulations or corrective lining out by either the NCAA or the Hotel will not
be binding until such additions, clauses or stipulations have been approved in writing (email is
sufficient) by the other party.
30. No Offer
Submission of this letter by one party to the other does not constitute an offer. Accordingly, unless
and until this letter is executed and delivered by both parties hereto, submission of this letter by one
party to the other, along with any communications or correspondence between the parties in
connection therewith, is intended only as non-binding discussions, and either party shall have the
absolute right to withdraw from such discussion without any liability whatsoever to the other party.
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AGREED AND ACCEPTED:
Hotel Name
Signature:
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Title: Hotel Contact Title
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National Collegiate Athletic Association
Signature:
Name: NCAA Contact Name
Title: Title, Championships and Alliances
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