Kansas City Conference Center User Agreement
This Conference Center User Agreement (“Agreement”) is a binding agreement between you (“Client” or “You”) and Kansas City Conference Center, LLC (“Host”). This Agreement governs your use of the property located at 1800 Baltimore Avenue, Suite 200, Kansas City, Missouri (“Property”).
Client agrees that by accepting a Reservation with Host at the Property, Client: (A) Acknowledges that it has read and understands this Agreement and all terms and conditions listed herein; (B) Represents that it, or its representative(s) are 18 years of age or older; and (C) Accepts this Agreement and agrees to be bound by its terms and conditions.
The following terms, as used in this Agreement, shall have the meanings set forth below:
Reservation. Includes all rooms, amenities and goods available to be held for your use and/or consumption at the Property.
Terms and Conditions. These terms and conditions apply to the Reservation through www.kcconference.com (“Website”). These terms and conditions are subject to change by Host without prior notice at any time, in Host’s sole discretion. Any changes to the terms and conditions will be in effect as of the date the “Last Updated Date” referenced on the Website. Client is advised to review these terms and conditions prior to making any Reservation. Client’s agreement to any Reservation, or use of the Property, will constitute its acceptance of and agreement to such changes.
Reservation Acceptance. Client agrees that its request(s) for a Reservation is an offer to purchase the Reservation, under these terms and conditions. All Reservation requests must be accepted by Host. Otherwise, Host is not obligated to provide any services or any Reservation to Client. Host may choose not to accept the Reservation request at its sole discretion.
Pricing Changes. Prices posted on the Website may different than the prices offered by Host. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Reservation will be the price in effect at the time the Reservation request is placed by Client. Posted prices do not include taxes, usage or credit card processing fees. All such taxes, charges and fees will be added to your total. Host reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Reservations arising from such occurrences.
Payment Terms. Client agrees to pay all rental, goods, credit card processing, taxes and usage charges and fees incurred by Client or Host related to any service provided by Host or any Reservation made by Client.
Cancellation. Cancellations received more than eight (8) days prior to the start time of the Reservation will be charged a cancellation fee of $50.00. Cancellations received eight (8) days or less, but more than forty-right (48) hours prior to the start time of the Reservation will result be charged a cancellation fee equal to half the total Reservation charge, including all taxes, usage or credit card processing fees. Cancellations received within forty-eight (48) hours of the start time of the Reservation, will be charged the total Reservation charge, including all taxes, usage or credit card processing fees. All charges are final and non-refundable. The cancellation policy shall apply to all Reservations, regardless of when the Reservation was requested or when any payment is received by Host. All cancellations to an existing Reservation must be made by Client, in writing, and sent in an email to email@example.com
Changes to Reservation. Changes to an existing Reservation may be made by Client, subject to these terms and conditions and Host’s acceptance thereof. Client shall pay a $25.00 change fee to any changes made to any existing Reservation. Further, Host shall charge any and all costs incurred related to any such change by Client. Client shall be responsible for any costs incurred by any third-party vendor or supplier related to any such change by Client. Host shall have complete discretion to accept any change requested by Client. Under no circumstance, shall Host be bound to any such change in an existing Reservation, unless and until it accepts the change request in writing. Any changes to an existing Reservation must be made by Client, in writing, and sent in an email to firstname.lastname@example.org.
Host Modifications. Host reserves the right to modify, cancel, or discontinue any service or Reservation, temporarily or permanently, with or without notice to Client, and is not obligated to provide such service or Reservation.
Client Information and Use. By electing to make a Reservation, Client represents that all information it provides to Host is true and accurate, including, but not limited to, the credit card number and expiration date. Client represents and warrants that it will not use the property, any service, or any Reservation for any obscene, illegal, illicit, immoral or defamatory purposes. Host’s determination as to whether Client’s use violates this provision is absolute and binding on Client.
Intellectual Property Rights. Client acknowledges that content, including, but not limited to, policy information, text, software, music, sound, photographs, commercially produced information, the Website, and other material contained on the Website or by Host (“Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary agreements and laws and Client is only permitted to use the Content as expressly authorized by the Host. These terms and conditions do not transfer any right, title, or interest in the Reservation, any services provided by the Host, the Website, or any Content and Host expressly reserves and does not intend to transfer such rights to Client. Any unauthorized use of the Content constitutes a breach of this Agreement.
Disclaimer of Warranties. Client expressly agrees that the use of the Website, any goods, equipment or service provided by the Host, or the Reservation is at Client’s sole risk. The Website, any goods or service provided by the Host, and the Reservation are provided on an “as is” basis. Host expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, as well as warranties arising by usage, trade, course of dealing, or course of performance. Host makes no warranty that the Website, any goods, equipment or service provided by Host, and the Reservation, will meet Client’s requirements, or that the Website, any goods, equipment or service provided by Host, and the Reservation will be uninterrupted, timely, secure, error-free, or virus-free nor does Host make any warranty as to the results that may be obtained from the use of the Website, any goods or service provided by Host, or the Reservation. Client understands and agrees that any material or data downloaded or otherwise obtained through the use of the Website is done at Client’s sole risk and Client will be solely responsible for any damage to Client’s computer, data, or computer system.
Limitation of Liability and Waiver of Consequential Damages. As a condition of the use of the Website, the Property, any goods, equipment or service provided by Host, or the Reservation, Client agrees that neither the Host, nor any officer, affiliate, owner, director, agent or employee of the Host, will be liable to Client for any consequential, indirect, punitive, or special damages, including, but not limited, loss of business, loss of use, delay, loss of reputation, inconvenience, or loss of business opportunities, arising out of or in connection with the Property, Website, any service provided by Host, and the Reservation. Further, in order to obtain the benefit of a fee which includes a lesser allowance for risk, Client agrees to limit Host’s liability arising from Client’s use of the Property, the Website, any goods, equipment or service provided by Host, and the Reservation, such that the total liability of Host shall not exceed Client’s total fees for the Reservation.
Indemnification. Client will defend, indemnify and hold harmless the Host, including Host’s agents, employees, owners, directors, attorneys, and representatives, from and against any claim, suit, demand, loss, damage, expense (including reasonable attorney’s fees, expert costs, and court costs), or liability that may result from, arise out of or relate to Client’s use of the Property, the Website, any goods, equipment or service provided by Host, and the Reservation, such that the total liability of Host shall not exceed Client’s total fees for the Reservation.
Termination by Client. Host may terminate or suspend any service or Reservation, with or without cause at any time and effective immediately. In the event such termination is without cause, Client’s sole and exclusive remedy shall be a return of any deposit or fees paid to Host for such service or Reservation. Host may terminate or suspend any service or Reservation with cause and retain any deposit or fees paid by Client and pursue and remedy allowed by law.
Severability. In the event that any term, condition, or provision of this Agreement be determined to be invalid, unenforceable or void for any reason, such determine shall affect only the portion of such provision and shall not affect the remainder of the Agreement. Host’s failure to act with respect to a breach by Client of this Agreement does not waive Host’s right to assert any present or future claims.
Subordination. This Agreement and any rules are subordinate to any underlying lease, mortgage, deed of trust, ground lease or other lien now or subsequently encumbering the Property.
Damage to Property. Client will not damage, deface or alter the Property, meeting space, furniture, furnishings, walls, ceilings, floors, equipment or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the meeting space or the common area facilities. Client will not cause damage to any part of the building or the Property or disturb the quiet enjoyment of any licensee or occupant of the building. At end of the Reservation, the meeting space assigned to you, if any, will be in as good condition as when you first occupied it, normal wear and tear excepted and we may apply additional charges in case of any damage to the facilities. Host retains the right to enter your reserved meeting space to inspect it, to make repairs and alterations as we reasonably deem necessary and the cost of any repair resulting from an act or omission by Client or your employees, guests and invitees will be reimbursed to us by Client upon demand. Client assumes all risks of loss with respect to its personal property and the personal property of your agents, employees, contractors and invitees, within or about the facilities. Client agrees to waive any and all acts of recovery against Host, or Host’s directors, licensors, officers, agents, servants and employees, for loss of, or damage to your property or the property of others that is under your control to the extent of such loss or damages covered or required to be covered by any insurance policy.
House Rules. Client agrees to accept the terms, conditions, and policies provided or verbally stated by Host relating to the Website, any goods, equipment or service provided by Host, and the Reservation. The Property and the conference space is shared with others. Client may also have access to and non-exclusive use of any portions of the Property designated for common use of Client and others (“Common Areas”). Common areas include but are not limited to: lobby, copy/supply room, lounge, kitchenette, and restrooms. The Common Areas may be changed, relocated, altered, eliminated or otherwise modified at any time during the Reservation, or prior to the Reservation, without the consent of, or notice to, Client. Use of any Common Area is on a first-come, first-served basis.
Governing Law and Forum. The laws of the State of Missouri shall govern the validity, interpretation, and performance of this Agreement and all claims or causes of action must be litigated in Jackson County, Missouri.