1. Contract Price – Will be discussed and finalized with client upon signing of contract.
2. Payment Terms
Reservation Fee: Reservation Fee is non-refundable and non-transferable and is paid by the Client to confirm the booking.
50% Down Payment: Down Payment is required sixty (60) days and no later than ninety (90) days after the reservation fee has been settled.
Full Payment: Full payment is required sixty (60) days before the event for suppliers to be allowed to ingress.
Security Deposit: Client shall deliver to the Owner a security deposit in cash in the amount of Twenty Thousand Pesos (Php20,000.00) on or before the event date and prior to commencing with any of the scheduled activities for the said date (unless agreed upon otherwise by Owner and Client) to be held and applied by the Owner to answer for any and all damages to the Venue or the facilities, and as security for any additional charges to the Client, and for the faithful compliance by Client of the terms and conditions of this Contract.
The Client agrees to settle any charges in excess of the security deposit within five (5) days from written notice from the Owner. The Security Deposit shall, unless the same is subject to forfeiture under this Contract, be refundable to Client within ten (10) days from the termination of the Function Date, and after deducting there from any unpaid charges, fees, damages to the Venue or the facilities and all other costs or charges properly for the account of Client under this Contract.
Form of Payment: Payment of the reservation fee, down payment and full payment may be in cash or personal/corporate check (addressed to Milagros Investment Corporation).
Cancellation: Failure of Client to comply with the foregoing payment terms shall result in the automatic cancellation of the Event, forfeiture of the Reservation Fee, Down payment, Security Deposit or any amount delivered by Client under this Contract, at the option of the Owner, in addition to the rights of the Owner under Section 10 of this Contract.
3. Service Providers and Equipment
Caterers: Client shall only contract with an accredited caterer of the Owner. Client shall inform the Owner of his/her chosen caterer before the Event Date.
Should the client choose a caterer that is not accredited by the Owner, an outside catering fee of Twenty Thousand pesos (Php20,000.00) will be charged.
Service Providers: Unless Owner shall require Client to contract only with accredited suppliers and service providers, Client may contract with any supplier or service provider, including but not limited to: event organizers, entertainers, florists, decorators; provided, that Client shall notify Owner in writing of his/her chosen suppliers and service providers prior to entering into any formal arrangements with them. Owner reserves the right to object to any supplier or service provider upon giving Client the reason for such objection.
Suppliers and service providers of Client may conduct ocular inspection of the Venue subject to the Venue’s availability.
Client’s suppliers and service providers shall comply with this Contract, all the rules and regulations of the Owner and all applicable laws, rules, regulations and ordinances (including without limitation, safety, environmental, labor, tax and copyright laws).
Client shall provide the Owner with a list of all service providers, their personnel and equipment that will be brought into the Venue during the Event no later than 2 weeks before the Function Date. Such equipment are subject to security inspection specified in Section 6 of this contract.
Packages: A client may amend the contract from Venue Rental to Venue Package at any given time, but this is subject to the availability of the service providers on the event date. However, should a client request a change of contract from Venue Package to Venue Rental less than 6 months from the event date, a penalty of Ten Thousand Pesos (Php10,000.00) will be charged.
4. Use of Venue and Facilities
Responsibility: Client shall be directly responsible for the use of the Venue and the facilities (including common areas such as restrooms, garden and Hall) by his/her guests, suppliers, service providers and other representatives. Client shall ensure compliance with all the rules and regulations of the Owner. Client shall hold harmless and indemnify the Owner for any and all damages, liabilities, claims, losses, costs and expenses, including attorney’s fees, which the Owner shall suffer as a result of any loss, injury or damage to the Venue or the facilities caused by Client’s guests, suppliers, service providers and other representatives, or any of their respective officers, employees, agents or representatives.
Special Set-up: Any special set-up, dry-run or rehearsals for the Event shall be subject to separate agreement with the Owner and shall be subject to a separate rental arrangement.
Photographs: Client agrees to have the venue use photos and videos taken during the actual event for its website, brochures and other printed material.
Maximum Attendees During the Preparation Time: Access to the Venue shall be strictly limited to workers, caterers, waiters, florists, security personnel and other suppliers and service providers contracted by Client. Access for oculars are allowed until strictly two (2) hours before the contract time start unless scheduled by the Owner.
Maximum Attendees During the Event Proper: Access to the Venue shall be restricted to Client’s guests, waiters, security personnel and other suppliers and service providers required to be in the Venue for the Event (such as entertainers). Owner reserves the right to change the Venue in the event the number of guests of Client shall change.
The Emerald Master Suite and The Emerald Deluxe Room: The rooms shall be for the exclusive use of the client and persons requiring the use of such room. Client shall be responsible for the security of the rooms and its furnishings and contents. The Owner shall not be responsible for any item/s brought into the rooms.
Parking Space: The Venue has a parking capacity to accommodate up to ninety (90) vehicles. Parking space for guests shall be on a first come first served basis. To ensure the orderly flow of traffic, client and his/her guests agree to comply with the parking rules and regulations in the parking area. The Owner shall not be responsible for any lost vehicle or lost items in the parking area.
Electricity: Client shall not use or install any electrical equipment without the prior written consent of the Owner. All electrical equipment to be used in the Venue shall comply with the maximum load/capacity of the Venue as prescribed by the Owner. Owner shall not be liable for any damage to any equipment as a result of the failure by Client to comply with the foregoing.
The venue will be provided thirty (30) amperes of electricity. Should the Client require more, a total of 40 amperes can be availed at a cost of Five Thousand Pesos (Php5,000.00) for every 20 amperes.
Air-conditioning Units: The air-conditioning system of the Venue shall be turned on one (1) hour prior to the event only. Client must ask Venue’s personnel in case a change in temperature setting is required (for strict compliance).
Venue & Facilities’ Hours: Should the duration of the event exceed the agreed upon contract time, a charge of Ten Thousand pesos (Php10,000.00) per hour will apply. The use of the venue and its facilities’ hours are simultaneous unless agreed upon by the Client and the Owner (prior and in writing). In case another event follows the Client’s event, Client agrees to restrict the time extension of their event.
The incidental charges for the suppliers’ extension of service hours shall be settled by the Client directly to the supplier involved.
Decorations and Signage: Client shall not post, hang or nail decorations or signage on the walls, posts, columns, doors or ceiling of the Venue nor make any alterations or additions thereon without the prior written consent of the Owner. In the event the Owner allows any of the foregoing, Client shall immediately remove the same at the end of the Event. Client shall be responsible for any signage and notices within the Venue, subject to the prior approval of the Owner, including the size and sites thereof.
Cleanliness: Client shall keep the Venue in clean, presentable and sanitary condition during the Event. Client shall ensure that all garbage and refuse shall be disposed of properly, and that proper arrangements shall have been made for garbage and refuse disposal prior to the Event.
Smoking: Smoking is not allowed inside the Venue, restrooms, rooms, and caterer’s area. A designated Smoking Area is provided for guests who wish to smoke.
Cooking: Open Flame (LPG/Butane) cooking is not allowed inside the Hall.
Dress Code: Client’s Guests shall be allowed to enter the venue in the attire specified in Client’s official invitation in keeping with the theme of the Event. Otherwise, guests and all other persons who are allowed access to the Venue shall be in decent and proper attire. The Owner reserves the right to deny entry to any person not properly attired.
Fireworks: Aerial fireworks is prohibited in the subdivision where the Venue is located. We allow sparklers, no-smoke fountains, and/or smoke machines only.
Sound Levels: Client may install an amplified sound system or hire the services of a live band or choir to perform during the Event; provided that Client shall keep the volume down to such a level that volume will be confined within the Venue for the duration of the Event as a courtesy to the surroundings and in compliance with the City Ordinance No. 2011-467 of Antipolo.
5. Cancellation / Postponement of the Event
Client shall inform the Owner of any cancellation/postponement of the Event in writing no later than sixty (60) days prior to the Function Date. The following penalties apply:
1) CANCELLATION DATE
1-a ) More than 6 months before the event
1-b ) Less than 6 months before the Event
1-c ) Less than sixty (60) days before the Event
1) PENALTY
1-a ) Reservation Fee
1-b ) Reservation Fee and 50% Down Payment
1-c ) 100% of Rental Fee and Charges
2) POSTPONEMENT DATE
2-a ) More than three months before the Event
2-b ) Less than three months before the Event
2) PENALTY
2-a ) Reservation Fee
2-b ) Reservation Fee and 50% Down Payment
6. Security
All items brought inside the Venue shall be subject to security inspection by the Owner’s representatives. Firearms, explosive or flammable materials, dangerous weapons and prohibited drugs are strictly prohibited inside the Venue.
The Owner reserves the right to deny entry to any person or item which it or its authorized representative, in their sole discretion, may deem a threat to the security of the Venue and the Event, or when such entry shall exceed the maximum capacity required for the safety and security of the Venue.
In the event that the Owner deems it necessary or upon the request of Client, Client may implement additional security measures such as, but not limited to, the issuance of guest entry pass and/or deployment of security personnel, the costs of which shall be exclusively borne by Client.
7. Prohibited Activities
Client shall prevent illegal activities within the venue such as, but not limited to, using, possessing, as well as buying and selling of narcotics or illegal drugs; hazing and similar violent activities, public nudity, lewd entertainment and lascivious activities are strictly prohibited.
8. Force Majeure
The Owner shall not be liable for any failure or delay in the performance of any of its obligations under this Contract if such failure or delay is caused by force majeure (fire, earthquake, floods, typhoons, acts of public enemy, riots, war, rebellion, insurrection, sabotage, terrorism, acts of God, strikes, lockouts or other industrial disturbances, order of competent government authority, order of any court or regulatory or arbitrage body of competent jurisdiction, power, communications or transportation service interruptions, suspension of supplies, or any other unforeseen event or causes beyond the reasonable control of the Owner).
Resolution of Force Majeure: In case of force majeure, Client shall not be subject to any damages or a refund of the Rental Fee and Charges. The Client may reschedule the Event on such date and under such terms and conditions to be agreed upon with the Owner, taking into consideration the availability of the Venue.
9. Limitation of Liability
Except when caused by the gross negligence of the Owner or its employees or representatives, Client shall hold the Owner or any of its officers, employees, agents and representatives, free and harmless from any and all liabilities, penalties, damages, claims, cost and expenses and/or judgments by reason of any damage or injury to any person or property arising out of or as a consequence of the use of the Venue by Client and his/her representatives or guests. The Owner’s liability shall in no case be more than the agreed Rental Fee. No claim by Client under this Contract shall be allowed unless made in writing and received by the Owner within thirty (30) days from the Function Date.
10. Attorney’s Fees
Should the Owner be forced or compelled to resort to a collection agency or attorney for collection or enforcement of this Contract, whether judicial or extrajudicial, Client shall be liable for the payment of attorney’s fees at a rate not exceeding twenty five percent (25%) of all amounts due and outstanding under this Contract, in addition to all expenses of collection, legal costs and other expenses of litigation.
11. Permits
Client shall secure any and all permits, authorizations, clearances and/or licenses from any governmental authority required for the Event or use of the Venue. Owner shall have the right to demand presentation of such permits, authorizations, clearances and/or licenses prior to the Event.
12. Default
In the event of a breach by Client of any of the terms and conditions of this Contract, the Owner shall have the right to exercise any or all of the following remedies: (a) terminate this Contract; (b) enter into the Venue, suspend the Event and eject Client and his/her guests, suppliers and service providers, and remove all equipment, items and facilities of Client; (c) forfeit the Down payment, Balance and Security Deposit; and (d) avail of such other rights and remedies available under this Contract or the law for the protection of the Owner or enforcement of its rights under this Contract.
Notwithstanding anything herein, the Owner retains full control and authority over The Emerald Events Place, all facilities, common areas and properties therein, at any time and for the purpose of ensuring the full and faithful compliance with the terms and conditions of this Contract. The Owner reserves the right to shut down the operation of The Emerald Events Place, control, restrict, regulate or refuse the entry of any person or property, which may be inimical to the security or interest of The Emerald Events Place or any of its employees, officers and representatives.
13. Miscellaneous
This Contract may not be amended or modified in any manner, except by written conformity of the Owner.
Client shall not assign or otherwise transfer any of his/her rights and obligations under this Contract without the prior written consent of the Owner.
Any notice required to be given by any of the parties under this Contract shall be in writing and may be sent by personal delivery, by registered mail or transmitted via facsimile, as follows:
To the Owner: Rene Matthew H. Capellan
General Manager Milagros Investment Corporation
Emerald Events Place
Cabrera Drive, San Roque, Antipolo City
To Client:
Name
Address
Any such notice shall be deemed to have been given (i) on the date of receipt, if delivered personally, (ii) the date of receipt or seven (7) days after posting, whichever is earlier, if transmitted by registered mail, or (iii) upon receipt of the written confirmation of the facsimile, if by facsimile transmission. In the event that there are changes in the addresses mentioned in this paragraph, it shall be the responsibility of the party whose address has changed to give notice to the other party of such change otherwise the party to be notified is not liable for any damages or injury by reason of lack of notice of such change.
No forbearance, delay or indulgence by either party in enforcing the provisions of this Contract shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power, remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each right, power or remedy shall be cumulative.
The construction, validity and performance of this Contract shall be governed by and construed in accordance with Philippine laws. Any legal action, suit or proceeding arising from this Contract shall be brought exclusively before the courts of competent jurisdiction in Antipolo City, to the exclusion of all other courts; and by the execution and delivery of this Contract, Client submits to and accepts with regard to any such action, suit or proceeding for himself and in respect of his properties or assets, generally and unconditionally, the jurisdiction of such court. Client hereby waives any objection which he/she may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and further waives any claim that any action, suit or proceeding has been brought in an inconvenient forum. The foregoing, however, shall not limit or be construed to limit the right of the Owner to commence proceedings or to obtain execution of judgment against Client in any venue or jurisdiction where assets of Client may be found.
If any of the provisions of this Contract shall be declared null and void or illegal the validity of other provisions of this Contract shall not be affected thereby.