Property Listing/Booking Agent Sales & Rentals Agreement
This Property Management Agreement (“Agreement”) is made effective as of the host sign up date (the “Effective Date”) between www.paradisegetaways.org (Paradise Getaways), and Host (“Property Owner”). Owner means the owner, any holder of legal or equitable title to the property, their heirs, successors, assigns or agents.
Paradise Getaways is engaged in the business of listing, booking, and renting short term vacation rental properties, and Owner owns certain real property that is suitable for rental as a short term and/or vacation rental property.
(Listing/Booking Agent Business Name / DBA) and Owner have agreed that Paradise Getaways will provide certain short term rental services to Owner, all upon the terms and conditions set forth herein.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Agreement Summary. The following is a summary of the parties and property that is subject to this Agreement
1.1 Owner: ___________________________________________
1.2 Owner address: ___________________________________________
1.3 Owner Telephone and Email: ___________________________________________
1.4 Property address: ___________________________________________
1.5 Property manager: __________________________
1.6 Property manager Telephone and Email: ___________________________
1.7 Property Listing/Booking Agent Telephone and Email: +52(638) 380-0202; admin@paradisegetaways.org
2. Contract Duration
2.1 This contract shall be binding unless otherwise agreed upon, mutually, by both the Property Owner and Paradise Getaways. (See Section 7 hereinbelow)
3. Listing/Booking Agent’s Responsibilities:
3.1 Guest Administration: Listing/Booking Agent will, in its sole and absolute discretion, advertise and offer the Property for rent as designated by owner), operate and oversee reservation and registration activities with respect to the Property in order to provide appropriate arrival, departure and associated service to Guests.
3.2 Payment Collection: Listing/Booking Agent shall use its reasonable business efforts (which does not include the expenditure of funds or the initiation of legal proceedings) to collect and enforce the collection of all rentals and other charges due to Owner from Guests of the Property. However, Listing/Booking Agent shall not be liable to Owner for rental or other proceeds which cannot be collected for any reason, including but not limited to, “bounced” checks, credit card “charge backs” or fraud.
3.3 Payment Deposits: Listing/Booking Agent shall deposit all reservation deposits, rentals and other rental unit generated funds with respect to the Property in its Real Estate Escrow Account. After said funds have cleared the bank and are earned, Listing/Booking Agent shall deduct and retain the 10% Rental Commission and all authorized fees and expenses. Listing/Booking Agent will forward to the Owner the net remainder, by check or auto deposit within 72 hours post conclusion of the Guests vacation reservation.
3.4 Records: Listing/Booking Agent shall maintain accurate records of all funds received and disbursed in connection with rental and management of Property. Listing/Booking Agent shall also render to Owner a monthly statement on or before the 15th (Fifteenth) day of each month showing all such receipts and disbursements for the previous month.
3.5 Inspections: Listing/Booking Agent may, but is not required to, perform inspections of the property. Owner will be notified of any necessary repairs and improvements.
3.6 Remote Lock: Property Owner will retain sole responsibility to install and set up a Remote Lock on all rental properties. At all times, this lock will be owned and maintained by the Property Owner and/or their Property Manager while under this Management Agreement.
3.7 Accidental Damage Insurance: The property owner has complete control and liability for any and all property or vacation insurance. The Listing/Booking Agent shall be held harmless from any and all insurance related matters as the Listing/Booking Agent is not involved with property or other insurance matters outside of listing/booking property for the Property Owners.
Listing/Booking Agent is not responsible for any such damages.
4. Owner’s responsibilities:
4.1 Maintenance: Owner shall be responsible for all costs and expenses associated with maintaining the Property (including all furnishings, appliances, heating/air conditioning equipment, plumbing and electrical systems) in good, clean working condition. Failure by Owner to make or approve any item of maintenance, replacement or repair recommended by Listing/Booking Agent within seven (7) days shall constitute a default by Owner of this Agreement. Owner agrees that items of maintenance, replacement or repair with respect to the Property. In the event of any such emergency, Listing/Booking Agent shall notify Owner as soon as possible. Listing/Booking Agent’s services under this Agreement are for procurement and listing/booking of rentals of the property only. Listing/Booking Agent is not responsible to Owner for home security, maintenance, storm preparations, winterization or other services not covered in this Agreement.
4.2 Furnishings: Property must contain furnishings of high quality, style and utility which are consistent with other accommodations being offered for rental in the general vicinity of the property. Such furnishings shall include, but not be limited to, appropriate furniture in each room to accommodate the number of Guests which the Property sleeps, and the appropriate amenities (dishes, silverware, glassware, cooking utensils, pillows, blankets, etc.). A list of required furnishings and amenities will be provided.
4.3 Replacing Furnishings: Due to normal wear and tear, Owner will need to replace the following items as deemed necessary by Listing/Booking Agent: Bedspreads, comforters, pillows, mattress pads, BBQ pits, shower curtains, window coverings, rugs and kitchen inventory. Carpets must be professionally steam cleaned regularly or as requested by Listing/Booking Agent.
4.4 Insurance: Owner shall purchase and maintain during the term of this agreement, a Comprehensive public liability insurance policy with minimum limits of $______ per person and per occurrence for personal injury, bodily injury, or personal damage or all combined, an adequate insurance (or replacement value basis if obtainable) of contents, furniture, fixtures and equipment contained in the unit to protect Owner from theft and other casualties. Owner shall also maintain standard property insurance on the Rental Properties structure. Owner shall deliver to Listing/Booking Agent a certificate of insurance indicating liability limits and coverage each year.
4.5 Indemnification: Owner agrees to Indemnify, Defend and Hold Harmless Listing/Booking Agent and its affiliates, their members, managers, shareholders, officers, directors, employees,
Listing/Booking Agents, partners, representatives, successors and assigns (individually, an “Listing/Booking Agent Party”, collectively, the “Listing/Booking Agent Parties”) and save and hold each of them harmless against and pay on behalf of or reimburse such Listing/Booking Agent Party as and when incurred for any loss, liability, demand, claim, action, cause of action, cost, damage, deficiency, tax, penalty, fine or expense, whether or not arising out of third-party claims (including interest, penalties, reasonable attorney’s fees and expenses and all amounts paid in investigation, defense or settlement of any of the foregoing)(collectively, “Losses”), which any such Listing/Booking Agent Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of this Agreement or listing/booking, or rental of the Property.
5. Fees
5.1 Compensation: The Owner will pay the Listing/Booking Agent 10% for all listing/booking reservation fees for services provided within the scope of this Contract. Both parties have agreed on this rate.
5.2 Out of Scope Payments: Should any out-of-scope payments need to be added to any monthly invoice, the amount agreed upon by both Parties will be added to one of the amounts above. The (Listing/Booking Agent) prefers that the payments be made as follows (include bank details): _________________________________________________ The payment deadline for each monthly invoice is the last day of the current month.
6. Reporting
See section 3, subsection 3.4.
7. Contract Termination:
7.1 Termination notice: If either one of the Parties wants to terminate this Contract, a 30 day notice is required. For example, to terminate the Contract on June 1st, a Party would have to provide notice on May 1st.
7.2 Termination reason: A contract termination reason should be communicated with the contact information.
7.3 Early Termination Fee: If either Party terminates the Contract without prior notice, an early termination fee of $100 becomes payable by the Party. In witness whereof the Listing/Booking Agent and the Owner have entered into this Contract on the date first indicated above.
8. Liability
8.1 The Owner shall indemnify and hold Listing/Booking Agent harmless from all damages suits in connection with the listing/booking of the Property and from liability from injury suffered by any employee or other person whomsoever, and to carry, at Owner’s expense, necessary public liability insurance in such an amount as to be adequate to protect the interests of the parties hereto, which policies shall be so written as to protect the Listing/Booking Agent in the same manner and to the same extent they protect the LESSOR, and will name the Listing/Booking Agent as co-insured. The Listing/Booking Agent also shall not be liable for any error of judgment or for any mistake of fact or law, or for anything which it may do or refrain from doing hereinafter, except in cases of willful misconduct or gross negligence.
9. Miscellaneous
9.1 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary approvals to do so.
9.2 Each party acknowledges that these documents contain the whole agreement between the parties hereto and that it has not relied upon any oral or written representations made to it by the other or its employees or agents. Nothing in this clause shall limit or exclude any liability for fraud.
9.3 The parties agree that this agreement is fair and reasonable. However, if any provision of this agreement is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording was deleted, then such provision shall apply with such deletions as may be necessary to make it valid and the remaining provisions shall remain in full force and effect, and this agreement shall be enforced in such manner as carried out as closely as possible the intent of the parties hereto.
9.4 No failure or delay by us in exercising any right or remedy provided by law or under this agreement and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.
9.5 This agreement and any non-contractual rights or obligations arising from or in connection with this agreement shall be governed by and construed in accordance with the laws of Mexico. You agree, as we do, to submit to the exclusive jurisdiction of the Mexican courts.
Listing/Booking Agent Company: (Signature)
Printed name:
Date:
Owner: (Signature)
Printed name:
Date: