Grand Banks Private Event and Buyout Terms & Conditions
These Terms and Conditions apply to services between GBSZ, LLC dba Grand Banks, the (“Venue”), and the “Patron” to host an “Event” aboard the F/V Sherman Zwicker, docked at the Southwest Berth of Pier 25, Hudson River Park, 225 West Street, New York, New York 10013 on the date and time noted in the Booking.
The Venue will reserve the designated Space for the Event to be held at the Date and Time confirmed by the Booking.
The Space Fee is a rental fee and not a minimum. Space Fees shall not be applied to any other Fees that may be incurred during the course of an Event.
Food & Beverage Service
The Venue will provide Food and Beverage Service to the Patron based upon selections from the Event Menu (“Menu”), unless otherwise noted in writing by both the Venue and the Patron. Events that do not involve Food and Beverage Service will occur at the discretion of the Venue and will be explicitly noted as such in writing by both the Venue and the Patron and may incur additional fees.
The Venue shall provide the items pre-selected by the Patron from the Menu and in accordance with the Menu guidelines, unless otherwise specified in writing by the Venue. It is understood that reasonable substitutions may occur due to the seasonality and availability of products and ingredients.
Food & Beverage Per Person Fee
Food and Beverage selections are priced on a per person basis (“Food and Beverage Per Person Fee”), unless otherwise noted. Patron acknowledges that changes and additions to the Menu item selection may increase the Food and Beverage Per Person Fee.
Food & Beverage Per Person Subtotal
The Food and Beverage Per Person Subtotal is the combined total of the Food & Beverage Per Person Fee multiplied by the greater of “Projected Number of Guests” or “Actual Number of Guests”). The Patron acknowledges that the Food & Beverage Per Person Subtotal will be increased proportionally if the Actual Number of Guests exceeds the Projected Number of Guests, or if the Projected Number of Guests is revised prior to the Event.
Food & Beverage À La Carte Selection Subtotal
Food and Beverage À La Carte Selections are individual Food and Beverage items, and fees for such items are incurred independent of the Projected Number of Guests or Actual Number of Guests. Patron acknowledges that changes and additions to the Menu item selection may increase the Food and Beverage À La Carte Selections Fee.
Food & Beverage Total Fee
The Food and Beverage Total Fee is the combined total of the Food & Beverage Per Person Fee Subtotal and the Food & Beverage À La Carte Selection Subtotal. Patron acknowledges that changes and additions to the Menu item selection, or changes in the Projected Number of Guests or Actual Number of Guests may increase the Food and Beverage Total Fee.
Administration Fee & Sales Tax
New York City and State “Sales Tax” will be applied to the total event fees as legally required. There will be an 3% “Administration Fee” applied to the Subtotal of Space Fee and Food and Beverage Total Fee. Administration charges and fees of the event are not purported to be a “gratuity” or "tip" and will not be be distributed as “gratuities” to the employees who provided service to the guests.
Gratuities are customary and greatly appreciated by our staff, however, gratuities are not required. Any gratuity will be distributed to employees based upon the Venues tip pooling policies.
Projected Number of Guests
The Patron acknowledges that the “Projected Number of Guests” is an estimate, and that increases in the “Projected Number of Guests” will incur additional fees as noted under “Additional Guests” below.
Actual Number of Guests
The Patron acknowledges that the “Actual Number of Guests” will be determined at the time of the Event by the Venue. The Patron acknowledges that additional fees may be incurred if the Actual Number of Guests exceeds the Projected Number of Guests as noted under “Additional Guests”. Patron also acknowledges that no discounts or refunds will be given if the Actual Number of Guests is less than the Projected Number of Guests.
Additional Guests are individuals in excess of the Projected Number of Guests. The Venue reserves the right to accept or deny proposed Additional Guests requested by the Patron, both prior to and and at the time of the Event. Upon acceptance of proposed Additional Guests, the Food and Beverage Per Person Subtotal will be recalculated proportionately to reflect the Additional Guests. Additionally, if the proposed Additional Guests cause either the Projected Number of Guests or the Actual Number of Guests to exceed the capacity of the reserved Space, the Space Fee will be recalculated based on the advertised rates of the space able to accommodate the quantity of guests. In the event of additional Food & Beverage Per Person Fees or Space Fees, a corresponding Administration Fee and Sales Tax will be applied, and the Total Event Fee will be adjusted upwards.
Additional Fees may be added for Additional Services as agreed upon in writing by the Patron and the Venue.
Total Event Fee
The Total Event Fee encompasses the Space Fee, Food and Beverage Total Fee, Administration Fee, any agreed upon Additional Fee, Gratuity, and applicable Taxes. The Total Event Fee is subject to an increase both prior to the Event or at the time of the Event if the Guest Count changes as noted under Additional Guests above.
Total Event Fee Payment Schedule
Event Fees are divided into to two primary payments, “Payment 1” and “Payment 2.” Payment 1 is due at the execution of a Booking. Payment 2 is due no later than ten (10) days prior to the Event. In the case that this Booking is executed within ten days of the Event, Payment 1 and Payment 2 are both due at execution of this Booking.
Payment 1 is equivalent in value to 50% of the Total Event Fee as determined at the time of Booking. Payment 2, encompasses all outstanding fees of the Total Event Fee including additions after the time of Booking. Patron’s failure to timely pay the Event Fee in the timeframes provided above shall result in immediate cancellation of the Event and will incur cancellation fees as set forth in the Cancellation and Performance section below.
If at any time after Payment 1 and Payment 2 have been completed, whether prior to the Event or at the conclusion of the Event, the Total Event Fee exceeds the combined amounts of Payment 1 and Payment 2, Patron acknowledges that an Additional Payment will immediately be made to satisfy the balance due. Unless other payment methods are agreed upon in advance, Patron authorizes Vendor to charge the Patron’s credit card on file the total amount of the Additional Payment. If for any reason attempts to charge the Additional Payment to the Patron’s credit card on file are unsuccessful, the Patron agrees to make such payment by other means within three business days of receipt of an invoice for the Additional Payment.
Payment shall be made in accordance with the information provided in any invoices provided.
The Venue reserves the right to review and regulate any and all advertisements or promotional materials in connection with Patron’s Event, which specifically reference the Venue’s name, logo, image, or likeness.
Decorations & Patron’s Property
Any decorations will be subject to prior approval from the Venue. Furthermore, the Venue is not responsible for loss or damage to Patron’s property and does not maintain insurance to cover it. Any personal property of Patron or Patron’s guests brought onto the premises of the Venue prior to, during or following the Event will be the sole risk of Patron and Patron’s guests.
Deliveries and Removal of Items
The Venue cannot accept deliveries of decorations or other event related items prior to the day of the event. All items as described above must be removed from the premises at the conclusion of the event. The Venue cannot be responsible for items left overnight, and cannot store items overnight.
Third Party Vendors
Any third party vendors must be approved in advance in writing by the Venue. Any entity or individual that is not the Patron or guest of the Patron must sign the Venue’s Hold Harmless and Indemnity Agreement prior to entry to the Venue.
We respect your privacy and are committed to protecting it. We may collect personally identifiable information when you visit our site, and may also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. Please understand that while we may actively and passively collect this information, we will not sell any of your personal or personally identifiable information to anyone, under any circumstances.
INFORMATION Security Policy
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
We offer limited refunds on confirmed events, with details as noted under Cancellation and Performance below. For assistance please email us at firstname.lastname@example.org or call (212) 660-6312.
Cancellation & Performance
Cancellation by Patron of Patron’s Event will result in fees (“Cancellation Fees”) as follows:
Cancellation made 120 days or more prior to Patron’s Event: Patron will pay a Cancellation Fee equivalent to 10% of the Total Event Fee as set forth in this Agreement.
Cancellation made within 120 days of Patron’s Event: Patron will pay a Cancellation Fee equivalent to 100% of Payment 1 as set forth in this Agreement.
Cancellation made less than 14 days from the date of Patron’s Event: Patron will pay a Cancellation Fee equivalent to 100% of the Total Event Fee, regardless of whether the scheduled event occurs or not.
Any cancellation must be made in writing by Patron to the Venue and any cancellation fee may be withheld by the Venue from any fees paid by Patron pursuant to this Agreement.
Rain or Severe Weather
In the event of a cancellation by the Venue due to severe weather conditions the event will be rescheduled to a mutually agreeable date prior to October 31 of the current calendar year. If rescheduling is not possible within this calendar year, the Venue will offer full refund (Buyout Events will receive a full refund minus a 7.5% Administration Fee). Severe weather is determined solely by the management of the Venue.
Patron acknowledges that the sale, service and consumption of alcoholic beverages are regulated by the New York State Liquor Authority (“NYSLA”), and as an alcoholic beverage licensee, the Venue, is subject to regulations promulgated by the NYSLA. Consequently, neither Patron nor Patron’s guests may bring alcoholic beverages onto the Venue’s premises from outside sources, nor may Patron or Patron’s guests remove alcohol from the premises.
Conduct of Event
Patron agrees to conduct the Event in an orderly manner in full compliance with applicable laws, regulations and the Venue’s rules and standards. Patron assumes full responsibility for the conduct of all persons in attendance at Patron’s Event and for any damage done to any part of the Venue and surrounding property during the time of Patron’s Event. Patron agrees to be responsible for any and all damages to the Venue or any furniture, fixtures or equipment therein caused by Patron, Patron’s guests, invitees or employees, Patron’s contractors or vendors and any employees of Patron’s contractors or vendors, in connection with Patron’s Event. Patron shall provide a deposit, in the sole discretion of the Venue, as security for Patron’s obligations with respect to such damages. The Venue will advise of the deposit amount at the time of execution of contract for the Event. The deposit shall be due within 3 business days prior to the Event. If any damages for which Patron is responsible occur, the Venue may keep the deposit to cover the cost and expense to repair the damages. If the cost and expense of the repairs are less than the deposit, the Venue shall return to Patron the residual amount. If the cost and expense of the repairs are more than the deposit, Patron shall reimburse the Venue within 3 days of the Venue’s request for reimbursement.
Patron hereby releases the Venue from and waives, to the fullest extent permitted by law, any and all claims against GBSZ LLC dba Grand Banks, Maritime Foundation, Summer Ops LLC, Hudson River Park Trust, Ocean LLC, and their parent, sister, subsidiary and affiliated companies and each of their respective owners, officers, employees, representatives and agents (the “Grand Banks Parties”), that Patron has, now or in the future, for personal or bodily injury, or property damage, or otherwise, arising from any cause, including the negligence of Grand Banks Parties or any person or entity, arising from or during Patron’s Event.
Indemnification and Hold Harmless
To the extent permitted by law, Patron agrees to protect, indemnify, defend and hold harmless GBSZ LLC dba Grand Banks, Maritime Foundation, Summer Ops LLC, Hudson River Park Trust, Ocean LLC, and their parent, sister, subsidiary and affiliated companies each of their respective owners, officers employees, representatives and agents against all claims, losses or damages to persons or property (including but not limited to bodily harm caused by the consumption of alcohol products), governmental charges or fines, and costs (including reasonable attorneys’ fees) to (a) Patron, Patron’s guests, invitees or employees, Patron’s contractors or vendors and any employees of Patron’s contractors or vendors or (b) arising out of or connected with Patron’s Event.
The Venue has no obligation to provide, and is not responsible for, security at Patron’s Event, and Patron acknowledges and understands that the Venue is not responsible for any theft of property of or personal injury to Patron or Patron’s guests caused by third parties or any persons attending Patron’s Event. Should security services be requested by Patron for Patron’s Event or should the Venue desire to have security services in place at Patron’s Event, the Venue will provide third party security personnel at Patron’s sole expense and Patron shall agree to pay the Venue for such expense in advance of Patron’s Event. Patron requests for security must be made in writing at least 10 days prior to Patron’s Event.
The parties agree that in the event that any dispute arises in any way relating to or arising out of this contract, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable attorney’s fees and costs.
Entire Agreement, Amendments & Changes
This agreement, together with the Exhibits (e.g. menus, booking forms, marketing materials etc) that are described herein by this reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and may not be modified except by a writing signed by both Patron and the Venue.
This contract shall be construed and interpreted in accordance with the laws of the New York, and parties hereby consent to the jurisdiction and venue of such courts in connection with any action arising under or in connection with this Agreement.
This Agreement may be executed in any number of counterparts and each such counterpart will be deemed an original instrument, but all such counterparts together will constitute one agreement. To expedite the process of entering into this Agreement, the parties acknowledge that executed copies of this Agreement transmitted by email, fax, or other electronic means will be equivalent to original documents.