Common use of Cancellation Due to Weather Clause in Contracts

Cancellation Due to Weather. In the event of cancellation of the Event by the Member/Client for any reason, the nonrefundable deposit and any partial payments will not be refunded. In addition, the Club will be entitled to a cancellation fee, as liquidated damages (plus service charges and applicable taxes) at the time of cancellation as follows: More 90 days prior to the Event - 50% of the Estimated Cost 90 days to 30 days prior to the Event - 75% of the Estimated Cost Less than 30 days prior to the Event - 100% of the Estimated Cost Initial Given the Club's capacity for rounds of golf and to prepare and serve food and beverages, the parties acknowledge that it is highly unlikely that the Club would be able to mitigate any losses caused by cancellation of the Event. The parties agree that prospectively calculating the damages that Club would suffer as a result of the cancellation of the Event would be exceptionally difficult or impossible. For this reason, the parties have agreed that the calculations set forth above are a reasonable forecast of just compensation in the event of the cancellation of the Event. The amounts due for cancellation set forth herein are intended as liquidated damages and not as a penalty. Deposits will be applied toward the cancellation fee. Should the Event be postponed by the Club due to inclement weather before play has begun, all payments received will be transferred to an agreed upon rescheduled date. If a rescheduled date cannot be agreed upon, the nonrefundable deposit will be retained and any partial payments will be refunded. In any event, the Member/Client shall be responsible for all charges incurred before the Event is postponed. Should the Club cancel the Event after play has begun, all amounts will be charged in full. Member/Client may obtain cancellation insurance at Member/Client's sole cost and discretion. ADDITIONAL PROVISIONS:

Appears in 4 contracts

Samples: Golf Event Agreement, Golf Event Agreement, Golf Event Agreement

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