Northwest Beach Vacation Rentals
Mailing
Address:
Post Office Box 194, Netarts, Oregon 97143
Local
Phone: 503.842.WAVE [9283]
Chris’ Cell
Phone: 503.806.3827
vacation.info@nwbeachvacation.com
VACATION RENTAL MANAGEMENT AGREEMENT
This Agreement is made and entered into on this day of , 2007, between ______________________________________________________,
(hereinafter referred to both individually and collectively as "the Owner")
and StressLess Associates, LLC dba
Northwest Beach Vacation Rentals located at Mailing: PO Box 194, Netarts, OR
97143 (hereinafter referred to as "the Manager"). The Owner agrees to exclusively use the
services provided by the Manager to manage the vacation rental property located
at:
Oregon (hereinafter
referred to as “the Property”).
The Owner agrees not to compete with the business of the
Manager by offering others use of the Property for compensation during the time
that this Agreement is in effect. This
does not refer to the Owner using the Property for their own enjoyment or the
uncompensated enjoyment of friends and family.
All paying short-term tenants[1]
(hereinafter referred to as “Guests”) shall be referred to the Manager for booking
their reservations.
Responsibilities of the Manager: The Owner hereby grants the Manager
Limited Power of Attorney, as their sole agent and representative, with the
express authority to fulfill the terms of this Agreement; including, but not
limited to, the following duties:
1. Collect all
rents and deposits due from Guests renting the Property, as they become due,
depositing said amounts into the Manager’s business checking account and rendering
to the Owners a monthly accounting of rents received and expenses paid out. At the time of each monthly accounting, mailed
no later than the 15th of each month, the Manager shall also remit to the Owner
all net monies collected, less expenses paid out (i.e., for supplies) and
the Manager’s fees. The Manager shall
collect from the Guests and report and pay to the State (or local goverment)
any taxes levied upon vacation rental properties by that jurisdiction.
2. Either
cleaning or scheduling independent cleaning contractors to clean the home, so
that all homes are cleaned in time for the next Guest to arrive, after the prior
Guests have departed (fee paid by Guests).
After a clean but before the next guest arrives (when rented by Guests),
check the quality of the cleaning job done by any independent cleaning contractors
and keep records of each check.
3. Schedule, or
perform, all cleaning and agreed-upon general maintenance to the Property, at
the Owner’s sole expense (with the exception of cleaning fees paid by the Guests),
by hiring and paying all cleaning contractors.
Any cleaning contractor hired to work on the Property shall be deemed to
be independent contractors and shall not be in any way be considered an
employee of either the Manager or the Owner.
Such contractors shall be responsible for their own insurance and state,
federal and local taxes, if any. Manager
may negotiate contracts in the name of the Owner for after Guest cleans, window
cleaning, deep cleaning, and other cleaning services that the Manager deems
advisable. Manager shall not spend more
than $200 (unless in an emergency) without Owner’s written approval (email
preferred).
8. Either be “on-call”
for the emergencies of Guests presently staying in the home or provide an
alternate emergency contact who will be responsible for handling any such
emergencies, who knows how to drive to each home and who is responsible to
troubleshoot potential problems, such as lock-outs or failures to check-out on
time.
9. Advertise the
Property for rent as the Manager deems appropriate; including, but not limited
to, listing the Property for rent in publications, with the local Chamber of
Commerce and on the world wide web, running special rates to attract business as
the Manager deems appropriate.
10. Sign, renew
and cancel rental agreements with Guests on behalf of the Owner, billing guests
for rents in the name of the Manager. Collect
all rents due, or which become due from rental of the Property, and give
receipts therefore. It is expressly agreed
and understood that the Manager does not guarantee either the collection of
rents (in the event of a non-negotiable check or credit card payment) or that
the premises will be rented for a certain number of days.
11. Give the Owner
written (by email) notification of any non-emergency maintenance or repairs
that should be made to the Property, as reported by Guests or cleaning
contractors. In the event of an
emergency, if the Manager reasonably believes that repairs must be made
immediately in order to protect the Property from damage or Guests from harm,
the Manager will, both verbally and in writing (by email), notify the Owner as
soon as possible of the problem and the action taken to resolve it. The Owner will not refuse to pay for such
emergency repairs.
12. Annually, the
Manager will submit 1099 MISC forms to all contractors paid by the Manager on
the Owner’s behalf. The Manager will
also submit such forms for rents paid to the Owner that year.
13. Sign and
serve such notices to delinquent Guests as the Manager may deem necessary or
proper. Manager has the Owner’s express
approval to perform the following functions in the Owner’s name(s):
(a) To
sue for and to recover any rents which are past due.
(b) To attach, garnish and levy upon the property
of any judgment debtor.
(c) To settle, compromise and adjust such
actions, suits or proceedings and the matters
involved
therein.
(d)
To
charge Guest security deposits for unpaid rent or for necessary repairs related
to
damage
caused by said Guest, and to take such other lawful actions as the Manager
may
deem appropriate to protect the interests of the Owner.
Liability: In no event shall the Manager, its subsidiaries, any employees
or suppliers be liable for lost profits or any special, incidental or
consequential damages arising out of or in connection with the Manager’s services
under this Agreement (however arising, including negligence).
Indemnity: The Owner agrees to indemnify and hold the Manager and
(as applicable) its parent, subsidiaries, affiliates, officers, directors,
agents, and/or employees, harmless
from all claims, actions and judgments for damages on account of injuries to
persons or property suffered or claimed to have been suffered by any person
renting the Property and not due to the negligence of the Manager, to defend
against the
The Owner must provide a certificate of
coverage for liability insurance, covering the Manager as an additional
insured, within thirty (30) days of signing this Agreement. If
no certificate of coverage is provided to the Manager, the Manager will
purchase liability insurance at the Owner’s sole expense.
Except as
otherwise provided above, the Manager and the Owner shall indemnify and hold
each other harmless from any and all costs and expenses (including attorney
fees and court costs), losses, liabilities, damages, claims and demands
relating to any breach of this Agreement by the indemnifying party, or by
reason of any act of negligence, omission or default of the indemnifying party. Neither party shall be entitled to
indemnification to the extent its liability arises our of or results from its
own negligence, willful misconduct or breach of this Agreement.
Legal Compliance: Both parties shall comply with all applicable laws,
statutes, ordinances and regulations regarding listing the Property for rental,
solicitation of Guests and services provided to Guests.
No Agency: The Manager is an independent contractor and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. Upon termination of this Agreement, the
Manager shall retain the guest list for the Property as it’s own client list.
Notices: Except as explicitly stated otherwise, any notices relating
to this Agreement, or the documents it incorporates by reference, shall be
given by certified mail, postage prepaid and return receipt requested to the
address listed for each party at the beginning of this Agreement. Notice shall be deemed given 3 days after the
date of mailing.
Dispute Resolution: Any controversy or claim arising out of or relating to
this Agreement or the Manager’s services, excluding legal action taken by the
Manager to collect its fees and/or to recover damages for, or obtain an injunction
relating to, the Manager’s site operations, intellectual property, or its services,
shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration shall be conducted in
Tillamook, Oregon, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Either party may seek any interim or
preliminary relief from a court of competent jurisdiction in Tillamook, Oregon
necessary to protect their rights or property pending the completion of
arbitration. Should either party file an
action contrary to this provision, the other party may recover its reasonable attorney's
fees and costs.
Compensation
of Manager: The Owner shall pay the Manager the sum of thirty percent (30%) of all rental fees collected (not on cleaning fees or
taxes, which are paid by guests) for rental of the Property based on all
current published and/or mutually agreed upon daily/weekly or special rates,
for all seasons, that the Manager books. Dates booked exclusively by the Owner for uncompensated personal use
are excluded from commission charges, with the following exceptions:
(a)
All dates must be checked through the
Manager in writing (by email) to confirm availability prior to booking. The Owner must email the Manager to book the
house on available dates, specifying the arrival date and time and the
departure date and time.
(b)
The Owner must also notify the Manager, at the
time of booking, whether cleaning (at the Owner’s sole expense) is requested
after their stay.
(c)
In the event that a paying Guest is arriving or
departing on a day the Owner is either departing or arriving, Owner will honor
the 4 pm arrival or 11 am departure times to facilitate cleaning.
(d)
Dates booked in excess of one week during July and
August only will be charged a flat fee of $20 per night (even less than the
commission rate for the least expense home we offer) to compensate Manager for
loss of income during the peak season.
(e)
Cancellation of dates with less than 30 days’
notice will be charged a one-time $50 flat fee for Manager having turned-down
potential guests for those dates, unless
those dates are re-booked to a paying guest.
Then no fee will be charged.
(f)
In case of a dispute regarding availability, the
date of a Guest’s email agreement will determine which reservation was made
first and should, therefore, be honored.
Term
of Agreement: The term of this Agreement is 18 months, commencing
on the date of acceptance by both parties.
Upon expiration of the initial term, this Agreement shall be automatically renewed and extended for a
like period of time until terminated, in writing, by either party – giving at
least six months’ advance notice of such termination.
This Agreement may also be terminated by mutual agreement of the parties, at
any time, upon payment to the Manager of all fees, commissions and expenses due
to the Manager under terms of this Agreement.
In the event of termination under this paragraph, the Owner agrees to
honor all reservations made up to the date of termination and to reimburse
Manager for unused, pro-rated, web site advertising (which is charged at a
yearly rate and is not refundable to Manager).
If termination is due to the Owner listing the
Property for sale, the Owner agrees to include, on the listing and either on
the acceptance of an offer or on the counter-offer, that the buyer expressly
agrees to honor all Guest reservations.
Such buyer must agree to contact the Manager to make any necessary
arrangements prior to the day of closing.
The Owner must provide the Manager with the date of closing and contact
information for the buyer.
Force Majeure: A party will be free of liability to the other where the party is
prevented from executing their obligations under this Agreement, in whole or in
part, due to force majeure; such as: the failure of subcontractors or
contractors to perform their obligations to the contracting party, earthquake,
tsunami, gale force winds, flood, fire, and/or war or for any other unforeseen
and uncontrollable event where the party has communicated the circumstance of
said event by written notice (by email) to the other party and has taken any
and all appropriate action to attempt to mitigate any damage caused by said
event.
Severability: If any part or parts of this Agreement are declared unenforceable for
any reason, the remainder of this Agreement shall continue in full force and
effect. If any provision of this
Agreement is deemed invalid or unenforceable by a court of competent
jurisdiction, and if limiting such provision would make the provision valid,
then such provision shall be deemed to be construed as so limited.
Statement of Informed Consent: Both parties have carefully read this Agreement and have had the
opportunity to consult an attorney and to consider any additional information
and advice given by that attorney. Both
parties understand the possible risks and benefits of the provisions of this Agreement.
Understanding the possible risks and
benefits, both parties voluntarily, knowingly and intentionally enter into this
Agreement.
The Owner acknowledges that the Manager
maintains the
IN WITNESS WHEREOF,
the parties hereto have set their hands and seals below, in duplicate original,
on the day and year first above written.
____________________________________________________
Julie Gunderson,
StressLess Associates, LLC dba Northwest Beach Vacation Rentals (Managing Member)
_____________________________________________________
Print Name:_____________________________________,
Owner
_____________________________________________________
Social Security
Number or Tax Payer I.D.
(payments will be
made in this person’s name only)
____________________________________________________
Print
Name:____________________________________, Owner
Preferred method
of contact: email or phone
Email addresses:
____________________________________________________
____________________________________________________
____________________________________________________
Phone numbers:
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
[1]
Short-term tenants are persons whose stay at the Property does not
exceed thirty (30) consecutive days.