Jack’s Place Contract
1. The customer, on behalf of the customer and all customers’ guests, expressly agrees to indemnify,
release and hold Durand Eastman Golf Course – Jack’s Place (“Restaurant”) harmless of, from and
against any and all losses, costs of collection, damages, attorney’s fees, expenses, and all claims &
liability growing out of, or resulting from this agreement, customer and customer's guests, or third
parties' personal injury associated with use of said premises (including but not limited to slips and
falls), the service and consumption of alcoholic beverages and/or food, and any act of negligence by
the Restaurant. The Restaurant is not liable for utility outages including but not limited to water,
propane and electricity. No refunds will be made should utility service be interrupted.
2. Should the Restaurant find that any customer or guest has brought any type of alcohol on to the premises without prior written approval by the Restaurant management, or allows any
minor to consume any alcoholic beverage (everyone must have a valid I.D. in their
possession), the Restaurant reserves the right to close the bar immediately and/or terminate
the function entirely at the customer's expense. In addition, the customer will be responsible
for all fines, loss of business, assessments and liability as a result of the above.
3. Upon booking, a deposit of $300.00 ($500.00 on Saturday evenings) is required to confirm all party
dates. Ninety days later, an additional deposit of $300.00 is required. 12 weeks prior to the event, a
30% deposit of the total party price is required. The entire amount due based on the final guaranteed
guest count shall be paid 72 hours prior to the function. All deposits are non-refundable if cancelled.
Customer cancellations within 14 days of the scheduled event will be subject to full charges as listed
in number 5. Deposits are nontransferable. All deposits must be on or before the agreed scheduled
dates. If customer neglects to pay on time, the Restaurant reserves the right to cancel customers
function and all deposits will be nonrefundable.
4. Customer cancellation within 14 days of the scheduled event will be subject to the greater of the
following full charges, a) the minimum food revenue guarantee plus beverages OR b) the minimum
number of guests customer guarantees will be paid for times the lowest priced breakfast, lunch or
dinner entree plus beverages applicable to the confirmed meal period, or the contracted menu plus
beverages based on the published menu price the date of cancellation; whichever is greater. Service
charge and taxes will be added and the total amount (less the nonrefundable deposits paid to date) is
due and payable by the customer within three days of cancellation.
5. Prices DO NOT include Federal, State and Municipal taxes, which may be applicable. A 20%
service charge will be added to the prices, and then all applicable taxes will be added, including sales
tax. Prices are subject to change prior to the function. The final guarantee of the number of people
attending your function must be phoned, faxed or provided in person to the restaurant office at least
72 hours PRIOR to the event. Please note the minimum number of guests that the customer
guarantees or the minimum guarantee of food revenue as stated on the front of the banquet contract
cannot be reduced. Customer will be charged and pay the greater of the following numbers:
The full charge as calculated for cancellation within 14 days.
The minimum number of guests (which customer guarantees by phone fax, or in person) will
attend or the number of guests attending the event (whichever is greater) times the selected
menu item price, plus beverages, plus all additional arrangements, service charge and tax.
Note: None of these guarantees can be reduced after being stated.
The Restaurant sets and prepares 5% over the stated number of guaranteed guests; we do not set or
prepare an overage for hors d'oeuvres.
6. Customer agrees to be responsible for any and all liability and damage done to the premises
during the period of time for setup, the actual event, and tear down by customer, customer's guests
and customer's suppliers and other third parties who are present at customer's request. The
Restaurant will not assume any responsibility for the damage or loss of any merchandise or articles
left on the premises prior to, during or following the event, including but not limited to personal
articles, cake decorations, pillars, dividers and cake tops. Decorations and decoration materials,
including candles, must conform to local fire department regulations;
It is expressly prohibited for banners, or materials of any kind to be affixed to ceiling, walls, partitions,
or curtains in any of the rooms without prior Restaurant management approval. We do not allow the
use of confetti, glitter, shredded Mylar, or loose potpourri in our building or on our premises. Parties
that do not comply will be charged an additional $300 cleaning fee.
7. All sums not paid in full when due will bear interest at the highest rate of interest allowed by law
until paid in full. The Restaurant will also be entitled to recover all costs associated with the collection
of any sums due, including court costs and attorney fees. Severability - Should any portion of this
agreement be found to be invalid by a court of law, the invalidity of that portion of the agreement shall
not affect the validity of the remaining portion which shall remain in full force and effect?
8. No food or beverage may be brought onto the premises or related areas without prior written
approval by the Restaurant management. Should the Restaurant find that any customer or guest has
brought any type of food or beverage onto the premises or related areas without prior written
Restaurant management approval, Number 2 above will apply and in addition, a charge equal to
the full price the Restaurant would charge for the items brought onto the premises by customer, plus
service charge and tax will become immediately due and payable by the customer.
9. As per New York State Department of Taxation and Finance - All mandatory Service Charges and
Gratuities are subject to New York State sales tax. As per New York Department of Labor I must
claim that a Service Charge is not a gratuity.
I assure you the service staff and all other employees are compensated very well for their work to
make your Event Unforgettable.
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Print Name
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Organization
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Organization Signature
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