BOOKING TERMS AND CONDITIONS

Terms & Conditions

By accessing and/or using this site you acknowledge and agree to be bound by the following terms and conditions

1. All materials contained in this site are the property of Monterey-jacks.com, Inc. its parent, subsidiary and affiliated companies and/or licensors. You may not reproduce, copy, republish, transmit, modify, distribute or publicly perform or display material from this site absent the prior written consent of Monterey Jacks. You may view and download designated downloadable material from this site for your personal, non-commercial home use only. Any other use of the materials absent the prior written consent of Monterey Jacks is strictly prohibited.
2. Participation in any chat rooms, bulletin boards, or other forums within the site, are specifically conditioned upon your agreement to not:
   • Post material or make statements that do not pertain to the designated topic or theme of any chat room or bulletin board.
   • Defame, abuse, harass or threaten others;
   • Make any offensive statements or post or distribute obscene or offensive materials;
   • Advocate, discuss or engage in illegal activity;
   • Post or distribute any material that infringes and/or violates any right of a third party;
   • Advertise or sell to, or solicit others;
   • Post or distribute any materials which contain a virus or similar harmful programs or processes; or
   • Monterey Jacks, in its sole discretion, reserves the right to remove or edit any and all submitted messages or materials. Monterey Jacks is not responsible for any material or messages submitted or posted in chat rooms, on bulletin boards or on other forums by users of the site. By submitting messages or other materials, or otherwise by viewing and/or utilizing the site you grant Monterey Jacks an irrevocable, transferable and worldwide right to use, reproduce, publicly perform and display, distribute, sublicense, and sell any information, suggestions, ideas, drawings or concepts submitted or otherwise communicated by you without any compensation to you whatsoever.
3. This agreement is effective until terminated by the Monterey Jacks for any reason, with or without notice, with or without cause. Upon any termination of this agreement, you will immediately discontinue your use and access of the site and destroy all materials obtained from it.
4. This Agreement may be amended or modified by Monterey Jacks at any time and Monterey Jacks further reserves the right to impose new conditions at any time upon inclusion of a notice on the site signifying that this agreement has been updated. Any use of the site after such update shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
5. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL WARRANTIES , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. Monterey Jacks FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOUR USE THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL MONTEREY JACKS, ITS PARENTS, SUBSIDIARY AND AFFILIATED ENTITIES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL Monterey Jacks, ITS PARENTS, SUBSIDIARY AND AFFILIATED ENTITIES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO MONTEREY JACKS FOR ACCESSING THIS SITE, IF ANY.
6. This agreement will be governed by UK law without effect to any principles of conflicts of laws. If any provision of this agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

BOOKING/EVENT TERMS AND CONDITIONS:

Contract Conditions: all event agreements are made upon and subject to the rules and regulations of Monterey Jacks) (the “Restaurant”) and the following conditions:

1. CONFIRMATION OF RESERVATION: Event bookings require a signed contract and 50% non refundable deposit to confirm reservation. Otherwise, group space is subject to release without further notice.

1. PAYMENT: Full payment is due in cleared funds 40 working days prior to event. Restaurant accepts cash, pre-approved company cheque, MasterCard, Visa, Discover Card, Diners Club, JCB, and American Express (at Monterey Jacks only). One bill for all charges will be given to (the “Client”), unless prior arrangements are made with Restaurant’s sales department. In the event of credit being established with Restaurant’s corporate office, the Client agrees to pay an interest rate of 1.5% per month (annual percentage rate of 18%) or the maximum interest rate permitted by law, on all delinquent charges after thirty (30) days PLUS attorney fees incurred by the Restaurant in the event collection of unpaid charges is placed in the hands of an attorney.

1. GUEST COUNT GUARANTEES: Final guest count must be guaranteed two (2) business days before the event. Saturday, Sunday, and Monday event guarantees are due by the preceding Thursday at 4:00 PM. If guarantee is not given, final bill will be based on count at time of booking or number of guests in attendance for the event, whichever is larger.

1. MINIMUM REVENUES: If the group attendance should drop below the estimated attendance at the time of booking, a room rental fee may be applied to guarantee the minimum revenue required for exclusive use of function room and/or Restaurant.

1. RESERVATIONS GRACE PERIOD: Restaurant will provide a fifteen (15) minute grace period for sit-down events. If group arrives after this time, they will be seated if and when space becomes available. Restaurant is unable to seat incomplete parties.

1. EVENT TIME & LENGTH: The event shall begin promptly at the contracted time, and the function room or area shall be vacated at the indicated closing time. Should the time be extended, the Client will bear these additional costs, as follows: A Labor Fee of £10.00 per staff member, per hour, or any part of an hour; If an open bar is contracted, Client will be charged an additional rate per hour in accordance with the selected bar package. Exceeding the contracted time frame is subject to the Restaurant’s availability of space and management’s discretion.

1. TAX EXEMPT GROUPS: Tax Exempt Groups must provide copy of valid State Sales Tax Exempt Certificate prior to event. Client must be named as an exempt organization.

1. SERVICE CHARGE & TAX: 20% VAT PLUS 12.50% service charge will be added to all food and beverage.

1. CANCELLATION POLICY: In the event of Client’s cancellation, the original deposit is non refundable(although can be used against a future event within one year of original event date). Once the final payment has been made 40 days prior to the booking, the cancellation policy is as follows:- 50% charge will apply for cancellations received 40 – 11 working days prior to the date of the function. 100% charge will apply for cancellations received within less than 10 working days prior to the date of the function

1. FUNCTION ROOM ASSIGNMENTS: Function Rooms and Areas are assigned by the Restaurant based upon the final guest count guaranteed. Restaurant reserves the right to reassign space based upon fluctuations in anticipated attendance figures. A minimum revenue may be required for exclusive use of private function rooms. For non-exclusive sit-down functions, the group will be seated in Restaurant’s public dining rooms. Every attempt will be made to honor the Client’s seating requests.

1. SET-UP: Set-up requirements and specifications will be coordinated by Restaurant’s sales department and Restaurant’s manager.

1. EVENT SUPPLIERS: All outside vendors contracted by the Client (florists, rentals, décor, and entertainment) must be approved by the Restaurant at least two (2) weeks prior to event. Restaurant is not responsible for any arrangements made with outside vendors.

1. MENU REVISIONS: Any revisions to Restaurant’s menu must be made at least two (2) weeks prior to the event. Reasonable menu substitutions will be made if necessary.

1. FOOD & BEVERAGE: All food and beverage items must be supplied by the Restaurant. No food or beverage of any kind may be brought in by the Client without prior approval of Restaurant management. Additional fees may be charged. Food and beverages not consumed on the Restaurant’s premises may not be packaged for removal from said premises.

1. DAMAGES: Client is responsible for damages to or on the Restaurant property or injury to Restaurant staff and guests caused by the Client and/or the Client’s guests.

1. CONTRACTUAL LIABILITY: Performance of this Event Agreement is contingent upon the availability of the Restaurant management to complete the same, and is subject to labor troubles, disputes, or strikes, accidents, government (federal, state or municipal) requisitions upon travel, transportation of foods, beverages or suppliers, inclement weather, “Acts of God” and other causes whether enumerated herein or not, beyond the control of management preventing or interfering with performance. In no event shall the Restaurant, its parent, subsidiaries, affiliated and related entities and its and their respective directors, officers, employees and / or agents be liable for the loss of profit or for other similar or dissimilar collateral, consequential or incidental damages whether based on breach of contract, warranty or otherwise.

1. LOGO USE: Use of the company logo in any printed or promotional materials must be approved in advance by Restaurant’s corporate office. Client agrees to submit a copy of any printed materials (i.e. guest invitation) using said logo prior to mass printing for final approval.

1. SIGNAGE & BANNERS: Restaurant reserves the right to approve all signage in function rooms and areas, as well as all public space areas. All signs must be professionally printed. Printed signs must be free standing or on easels.

1. AUDIO-VISUAL: Any special audio-visual requirements must be communicated to Restaurant’s sales department at least forty-eight (48) hours before the event date. Use of Restaurant’s screens for video presentations is limited to exclusive events.

1. MERCHANDISE: Any special orders shall be made at least six (6) weeks prior to the event date and must be pre-paid in full.

1. ENTERTAINMENT & CELEBRITY LOOK-A-LIKES: All and any types of entertainment are limited to private/exclusive function rooms only and shall not interfere with the public’s dining experience. Management must approve all entertainment before the event. In order to maintain the image of the Restaurant and its relationships with celebrity partners, celebrity look-a-likes of Restaurant’s celebrity partners is strictly prohibited.

1. LOST & FOUND: Restaurant will not be held liable for damage, destruction, or loss of any merchandise or property left in the Restaurant by the Client or Client’s guests after the event.

1. EVENT AGREEMENT: This document constitutes the entire agreement between the Client and the Restaurant. It may not be changed, modified, or amended, except by an agreement in writing signed by both parties. This agreement shall be governed by, constructed in accordance with, and enforced under the laws of the state of Florida. Facsimile copies of this agreement signed by both parties shall be proper form of acceptance.

1. INDEMNITY: Client agrees to indemnify and hold the Restaurant, its parent, subsidiaries, affiliated and related entities and its and their respective directors, officers, employees and / or agents harmless from any and all claims, demands, losses, costs and damages of every kind arising out of, or in connection with the event.