SAMANTHA KREITZER SEX TAPE PRODUCTION COORDINATOR Hotel Sales Manager: Carolyn Smith Subject: Sex Tape Dear Ms. KREITZER, We are pleased that you have chosen The Revere Hotel Boston Common to host Columbia Pictures Industries, Inc. Sex Tape Crew Room block and we offer the following information for your consideration. This serves as a Letter of Agreement between Sex Tape Crew Room block (herein referred to as Group ) and The Revere Hotel Boston Common (herein referred to as Hotel ). GUESTROOM ACCOMMODATIONS Sex Tape Crew will guarrantee a total of 1,072 room nights, beginning Monday, July 29, 2014 to Sunday, November 24, 2013. Please find below the specifications that are being held on a tentative basis pending your signing of this Agreement and the subsequent countersigning of this Agreement by Hotel, or until such time as another group requests the same set of dates: Room Block Performance Grid Performance grid is based on the current hotels room block and revised by a by the following sliding scale Current Room Block Additional rooms held Cutoff Dates Current Reservations on the books No Additions 0-6 days out Current Reservations on the books 7 Additional rooms ** (Up to 7 Total) Current Reservations on the books 3 Additional rooms ** (Up to 10 Total) 7-29 days out 30-59 days out
** The room block will not exceed 7 rooms from July 29 th to August 15 th and 10 rooms from August 16 th to November 24, 2013 rooms per night. Any additional rooms over the 10 rooms per night will be based on hotels rate availability. RATES The following rates are per guestroom, per night, single or double occupancy. subject to Massachusetts lodging Tax, current lodging tax is 14.45%. Room Single Rate Double Rate Single / Double $139.00 $139.00 Jr. Suites $189.00 One Bedroom/ Loft $299.00 to $499.00 Presidential Suite $1,700.00 to $3,000.00 Rates are All Jr. Suites, One Bedroom/Lofts and Presidential Suite will be based on hotels availability. The Hotel will agree to extend the group rate based on availability for more than 10 rooms on group s peak. The hotel will do its best to offer the best rate available if the hotel is at a 85% or more occupancy. Hotel agrees to offer (10) rooms only with refrigerators. Please note, rooms with refrigerators are double queen bed rooms on a pre-specified floor. ADDITIONAL PERSON Additional persons will be charged at a rate of $30.00 per person, per night, with a maximum of four persons per guestroom. GUESTROOM POLICY Hotel must approve any modifications to the guestrooms, meeting room, event space, corridors or any location in the hotel towers, including, but not limited to: removal of furniture, fixtures, artwork, etc; adding tables or chairs, signage, using guestrooms as meeting rooms or exhibit rooms or moving refrigerators. No outside vendors are allowed to work in the hotel towers or guestrooms without prior approval from Hotel. Reservations Sex Tape Crew will provide the Hotel with the names of each guest per the performance grid listed above. A Credit Card authorization will be provided by either Sex Tape Crew in order to cover the charges of Room and Tax and Parking. It is understood that incidentals will be responsibility of each traveling guest. Hotel accepts Visa, MasterCard, American Express, Discover, or Diners Club. Check-in time is 3:00 PM and check-out time is 12:00 PM. Any departures after 12:00 PM are subject to a fee. Revere Hotel Boston Common Page 2 Letter of Agreement
Each guestroom must have at least one registered guest 21 years of age or older. PAYMENT METHOD Room, Tax and Parking charges will be posted to the Group s Master Account. Incidentals are responsibility of each individual guest, unless otherwise specified in writing by Group. A major credit card will be required upon registering at the hotel in order to cover any incidental charges. All Banquet charges will be applied to Group s Master Account PERFORMANCE The Hotel has the right to re-asses the contracted space and agreed concessions based upon the performance on actual pick up on the group s room block. Client will be notified of such action(s) by cutoff date. ATTRITION This Agreement is based on Group s use of the 100% of guestroom block as outlined above. Sex Tape must actualize 1,072 room nights encompassing any pre rooms. Should the Group fall below this amount, the Group will be responsible for the difference between the minimum guest room nights and actualized guest room nights multiplied by the guest room rate of $ 139.00 plus any applicable taxes. Such charge will be added to Clients credit card. No payment shall be due, however, for any night during the Group stay in which all of the guestrooms in Hotel, exclusive of the Group guestroom block, are sold, and the unused guestrooms in the Group s block are thereafter resold. CANCELLATION Notwithstanding any other provision of this Agreement, either party may cancel this Agreement upon written notice to the other party, at any time prior to the event and upon payment of an amount based on the following scale: TIMEFRAME CANCELLATION FEE Signing of Agreement to November 30 th, 2013 $149,008.00 **Please note cancellation fee will be revised based on consumed revenue less the $149,008.00 fee*** Cancellation pursuant to this provision is not a default but rather the exercise of a right under this Agreement without any further obligation beyond payment of the indicated cancellation fee. Payment of the appropriate cancellation fee shall accompany the notice of cancellation. Revere Hotel Boston Common Page 3 Letter of Agreement
PAYMENTS Credit Card will be charged on a folio basis bi-weekly. ROOM EXCISE TAX Please refer to the Massachusetts Department of Revenue Room Occupancy Excise Tax Law/ Policy.. Lowest Rate Hotel may not offer a room rate lower than what has been stated in this contract on hotel s website. Should the hotel extend any type of lower room rate on hotel s website over group dates outlined in this contract, the hotel agrees to extend the lower rate to Sony Pictures Ent. Previous corporate contracts excluded. WALK POLICY In the unlikely event the hotel is unable to provide a sleeping room to an individual attendee holding a guaranteed reservation, the hotel shall provide to each such attendee the following as liquidated damages for each night the attendee is not accommodated at the Hotel: Sleeping room free of charge at a comparable nearby hotel until a room becomes available at the Hotel Free and convenient transportation between the substitute hotel and Hotel. Notwithstanding the foregoing, under no circumstance will a person identified by Group as a "VIP" be walked by Hotel. All guaranteed rooms which the Hotel is unable to accommodate will be included toward the room counts for the purposes of determining complimentary units and potential attrition. AUDIT At the conclusion of the group s stay and/or event at the Hotel, the Hotel shall review its records to ensure that all group attendees are captured under group s room block, and reflected in group s guest room total, regardless of the method used in booking a sleeping room. INDEMNIFICATION Hotel shall indemnify, defend and hold harmless Group and its officers, directors, partners, agents, members and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney s fees (collectively Claims ) arising out of or caused by Hotel negligence in connection with the provision of services or the use of Hotel facilities. Hotel shall not have waived or be deemed to have waived, by reason of this paragraph, any defense, which it may have with respect to such claims. Group shall indemnify, defend and hold harmless Hotel and its officers, directors, partners, agents, members and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney s fees (collectively Claims ) arising out of or caused by Group s negligence and/or its members negligence in connection with the use of Hotel facilities. Group shall not have waived or be deemed to have Revere Hotel Boston Common Page 4 Letter of Agreement
waived, by reason of this paragraph, any defense, which it may have with respect to such claims. IMPOSSIBILITY The Performance of this Agreement by either party is subject to Acts of God, war, terrorism, government regulations, disaster, strikes, civil disorder, and curtailment of transportation facilities or any other emergency making it illegal or impossible to provide facilities or to hold the conference. It is provided that this Agreement may be terminated for any one (1) or more of such reasons by written notice from one (1) party to the other without any cancellation charges. ATTORNEY FEES AND COSTS Should any party be required to bring legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be awarded its costs incurred and expended during any pending litigation, including reasonable attorney s fees. UNDERAGE DRINKING Group acknowledges and understands that it is unlawful for any person under the age of 21 years to possess or consume alcoholic beverages or loiter in any area of the Hotel and function spaces. Group further acknowledges and understands that it is unlawful to aide, assist or permit a person under the age of 21 years to participate in these activities. Group acknowledges that it shall be responsible for preventing such unlawful activity at its function or by persons attending the function. Group further acknowledges that failure to do so shall be grounds for immediate termination of the function. This Agreement, along with any executed addendums, constitutes the integrated agreement of both parties, and may not be assigned by either party. CONFIRMATION PROCEDURES These arrangements are confirmed on a definite basis, only after it has been signed by an authorized individual of Group on or before Monday, July 23 rd, 2013, and thereafter countersigned by Hotel. Until that time, Hotel reserves the right to release the space being held in this Agreement for Group. ACCEPTED BY: On behalf of the Group, I hereby accept the offer that Hotel has set forth in this letter and agree to be bound to the terms and conditions set forth herein. I certify that I have the authority to bind Group to this Agreement. REVERE HOTEL BOSTON COMMON SAMANTHA KREITZER Carolyn Smith Revere Hotel Boston Common Page 5 Letter of Agreement
Sales Manager Date Date Revere Hotel Boston Common Page 6 Letter of Agreement