Effective September 13, 2023
We are pleased that you are choosing Weekender Management to manage your vacation rental property. We want you to be fully informed about the services we provide and the terms on which we provide them.
This Agreement is important, and you should read it carefully. It contains information about your rights, remedies, and obligations when you use our Services.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER.
1. PARTIES AND EFFECTIVE DATE.
This Vacation Rental Management Agreement (the “Agreement”) is between Weekender Management, Inc., a Delaware Corporation (“Weekender Management,” “we,” “us,” or “our”) and you (“you,” “your,” or “Owner”). This Agreement is effective when both parties sign it (the “Effective Date”).
2. OVERVIEW OF OUR SERVICES.
2.1 Overview. We perform marketing, booking, housekeeping, and related services for Owners seeking to supply a vacation rental property or properties (your “Property”) and users seeking to learn about properties for rent (a “Guest”) and, if they wish, to book a stay. We further operate www.weekendermanagement.com and related subdomains (the “Site”) in connection with these efforts. (Our Site and services, collectively, constitute our “Services”). The Services are further described throughout this Agreement. We list Owner’s vacation rental properties for rent on the Site and on vacation rental sites or marketing channels operated by others (“Third-Party Marketing Sites”).
2.2 Exclusive Marketing and Booking Partner. Owner grants Weekender Management the exclusive right to promote, market, and rent the Property to Guests and potential Guests directly or indirectly including through Third-Party Marketing Sites, subject to the exceptions mentioned in Section 2.2. You agree that we will be your exclusive marketing and booking partner, meaning that you will not advertise (or permit any third party to advertise) your Property, online or offline, through travel agencies, vacation rental marketplaces or listing sites, or via property managers or other services or platforms of any kind, including without limitation Third-Party Marketing Sites. However, nothing in this Section 2.2 should be interpreted as forbidding you from promoting your property through social media, to friends or family, or through other means, so long as your promotion points potential guests to book their stays through us and does not advertise pricing different than the pricing we have set in according with Section 6.4.1.
2.3 Services Provided. Weekender Management agrees to provide the services listed below on your behalf. This list is not exhaustive, and we may provide additional services as needed to fulfill the terms of this Agreement.
2.3.1 Guest Communications. We will manage all communications with guests and potential guests, from the initial inquiry to after their stay has ended. This includes answering guest questions, responding to requests to stay at the property, addressing special requests, resolving conflicts, responding to reviews, and handling payment as necessary.
2.3.2 Housekeeping. We will ensure your property is clean and ready for the next guest. This includes general cleaning, laundering and replacing of linens, and restocking consumables. For purposes of this Agreement, consumables are items that are used up or consumed during the regular course of a guest’s stay and must normally be replenished after each stay. These include items such as coffee, paper towels, toilet paper, toiletries, and trash bags. Items not fitting this definition—including without limitation propane, batteries, and light bulbs—are not considered consumables and will be replenished and replaced by us, the cost of which will be billed to you for reimbursement. Utilities are not considered consumables.
2.3.3 Maintenance. We will arrange both irregular and regular maintenance as necessary for your property. Irregular maintenance needs may arise unexpectedly and include repairs such as a broken doorknob or a clogged drain. Regular maintenance needs include items like lawn care, hot tub/pool maintenance, air filter replacements, and other similar requirements. We will make any necessary arrangements associated with these needs and coordinate with subcontractors as necessary, subject to the provisions of Section 5.
2.3.4 Marketing and Pricing. We will market your property and determine pricing to maximize your revenue, subject to the provisions of Section 6.
2.4 Excluded Services. The following is a non-exhaustive list of services that we do not provide as part of our short-term rental management services.
2.4.1 Capital Improvements. We do not provide contracting services or any other services related to making capital improvements to your property. This means that we cannot, among other things, manage property remodels, additions, or any work that results in any structural changes to your property.
2.4.2 Major Repairs or Replacements. We cannot handle major repairs or replacements, including but not limited to roof replacements and HVAC replacements.
2.4.3 Legal Services. We do not provide legal services, including representing you in any disputes you may have with a guest, tenant, landlord, or third party. However, we can assist you in securing an attorney to represent you as required, including in eviction proceedings against a guest or tenant. You will bear the cost of any such representation and associated attorney’s fees outside and independent of this Agreement. You recognize that, while attorneys may be employees or shareholders of Weekender Management and may even actively practice law, such attorneys do not provide legal services through the Company. Should you secure their legal services, you do so outside of this Agreement and Weekender Management and any such attorney-client relationship that may exist between you and them exists with them alone and completely independent of Weekender Management. No attorney-client relationship is established or implied by this Agreement or the services provided under it.
2.4.4 Landscaping. Our services do not include any provision or arrangement of landscaping beyond basic lawn care. In the latter case, we can arrange lawn care, but we will bill you back for reimbursement.
2.4.5 Any other service not typically associated with the operations of a short-term rental property. This includes any activities that may be more typically associated with housesitting such as checking mail, watering plants, or accepting deliveries. While we may perform these services for you at our discretion upon your request, they will be done at an additional fee. This additional fee shall be $40 per task or, if applicable, the cost of hiring a contractor or employee to perform the task, unless we provide you with a written estimate and receive your written consent prior to performing the task.
3. TERM AND TERMINATION.
3.1 Term. The Term of this Agreement commences upon your signature and remains in effect until terminated (the “Term”). You or we may terminate the Agreement at any time as described below.
3.2 Owner Termination. You may, for any reason and at any time, cancel our Services for all, or a portion of, your Property by providing notification via email to info@weekendermanagement.com and your termination will be effective on the last day of the month following the month we receive your notice (the “Termination Date”). The terms of this Agreement shall continue to apply to any Bookings (defined in Section 6.2 below) confirmed prior to such notification and shall remain effective until all such Bookings are completed. You authorize us to collect any outstanding balances you may owe as of the Termination Date using your credit card or other payment method on file or by withholding the fee from your last Owner Payout (as defined in Section 8).
3.3 Collection of Outstanding Balances. In the event of termination of this Agreement, you authorize us to collect any outstanding balances you may owe as of the Termination Date using your credit card or other payment method on file or by withholding the fee from your last Owner Payout (as defined in Section 8). Prior to deducting any amounts from your account, we will provide you with a written notice of the outstanding balances and the opportunity to dispute them within seven (7) days of delivery. If you do not dispute any such amount within the specified timeframe, it will be assumed that you accept the legitimacy of the charges and we may proceed with the collection.
3.4 Suspension or Termination of Services.
3.4.1 Termination by Weekender Management: We may, in our sole discretion and without liability to you, with or without cause, terminate this Agreement and your access to our Services at any time. In the event of any such termination, we will provide you with a written explanation regarding the reason for such termination within 14 days after the termination has taken effect.
3.4.2 Transition Period: In the event that we terminate this Agreement without cause, we will provide you with a reasonable transition period of up to 30 days, during which we will provide reasonable assistance and cooperation to you in transitioning the management of your vacation rental property to a self-management or new management arrangement.
3.4.3 Owner Obligations during Transition Period: During the transition period, you agree to cooperate with us and provide any necessary information or access to facilitate the smooth transition of management responsibilities. You further acknowledge and agree that you are responsible for any costs or fees associated with the transition, including but not limited to any fees incurred by us in assisting with the transition or transferring information and accounts to a new management arrangement.
3.4.4 No Liability: Weekender Management shall not be liable for any damages, losses, or expenses incurred by you as a result of the termination of this Agreement, including any costs or fees associated with the transition of management responsibilities.
3.4.5 Survival: The provisions of this Section 3.4 shall survive the termination of this Agreement.
3.5 Confirmed Bookings; Survival. You will honor any Bookings for dates after the Termination Date that were scheduled for the Property prior to termination of the Services, and this Agreement will survive for that time with respect to those Bookings.
4. AUTHORITY AND ELIGIBILITY.
You represent, warrant, and agree:
4.1 Age. Owner is at least 18 years of age.
4.2 Ownership. Owner owns the Property and has all authorizations and authority needed to enter this Agreement with respect to the Property. We may require you to submit identity and/or property ownership information needed to verify ownership of the Property. Any individual or entity who wishes to retain our Services for a Property but is not the owner of such Property must provide a copy of this Agreement to the owner, obtain the owner’s written authorization in the form of a signed, dated, and notarized written document, to rent the Property, and provide such authorization to us.
4.3 Authority. Owner has the right to enter this Agreement with respect to the Property and Weekender Management does not require the authorization, approval, or acknowledgment of any other parties in order to perform our Services. In the event of any dispute regarding your ownership or authority to enter into this Agreement, including without limitation co-ownership disagreements, divorce, and/or death, we may suspend or terminate the Services and cancel any future Bookings at the Property. Any reservations cancelled as a result will be considered Owner Cancellations pursuant to Section 10 of this Agreement. It is your sole responsibility to resolve ownership disputes to our satisfaction prior to reinstatement of the Services.
5. OWNER OBLIGATIONS.
5.1 Right to Repair. We may, at our sole discretion, make or cause to be made, at your expense, any ordinary repairs and alterations that are reasonably necessary for the efficient operation and maintenance of your Property. In cases of emergency or situations that may result in further financial harm to you, such as the loss of booking revenue from relocating guests, we may commence repairs or maintenance needed without your prior written approval, provided that our determination of an emergency is reasonable and the financial harm being avoided is not unreasonably disproportionate to the cost of the repair. For non-emergency repairs or maintenance needed that exceed $500, we will require your prior written approval. We may also request you to prepay us for the cost of repairs in advance. Pursuant to Section 5.2 below, you understand that our performance of this service is a courtesy to ensure a better experience for both you and your Guests, and it does not constitute our acceptance of responsibility for the condition and maintenance of your Property.
5.2 Property. You are solely responsible for the condition of your Property, including the maintenance and upkeep of the Property and for making all repairs to the Property. You understand that renting your home to Guests may lead to wear and tear or damage to your Property. You accept all risks related to renting your Property and understand that, as between you and us, you are solely responsible for your Property. We do not maintain property insurance for your Property. You are solely responsible for obtaining property and other insurance coverage sufficient for your Property. This includes appropriate insurance coverage for any vehicles located on the Property (movable or stationary), features of the Property, activities on, around, or ancillary to the Property, and any other rental operations, as applicable. You agree that you have or will obtain appropriate insurance coverage sufficient to cover the rental of your Property before the arrival of your first Guest and will maintain adequate insurance coverage through the departure date of any Guest, and to provide us with copies of relevant proof of coverage upon request. Please carefully review any such insurance policy and make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including without limitation whether or not your insurance policy will cover the actions or inactions of Guests while staying at your Property. We may, at our sole discretion, establish a separate damage waiver program or purchase separate liability insurance that benefits you and/or us. Our efforts to provide any such programs or supplemental insurance in no way alters your responsibility to purchase adequate insurance to insure your Property and to protect your interests, nor does it demonstrate an acceptance of liability for the condition of your Property on our part.
5.3 Failure to Maintain. If you fail to maintain your property in a condition that in our sole discretion falls short of acceptable standards for Guests, we may make reasonable accommodations to satisfy Guests who have Bookings with your Property, and we will charge the cost of such accommodation to you by deducting it from your Owner Payout (as defined in Section 8) or otherwise debiting your account. Accommodations may include issuing partial or full refunds, engaging a service partner to fix or address the failure, or issuing Guest financial credits or gifts, each in our sole discretion. In cases where we determine the Property is not suitable for the Guest, we may issue the Guest a full refund for the Booking or rent the Guest a replacement accommodation. Where we issue a full refund or rent an alternative accommodation, your failure will be considered an Owner Cancellation as defined in Section 10. Consistent or repeated failure to maintain your Property in acceptable condition may result in suspension or termination of our Services at our discretion.
5.4 Compliance with Laws and Regulations. Short-term and vacation rentals are restricted, regulated, or even prohibited in some areas. In addition, local, state or federal laws or regulations may apply to your Property. For example, laws or regulations related to accessibility, discrimination, safety, and building standards may apply. In addition, you may be required to obtain permits, licenses, or other regulatory approval to rent your Property on a short-term basis. You are responsible for ensuring that, and represent, warrant, and covenant that, the Property and its use for short-term and vacation rentals through our Services complies with all laws, regulations, and other restrictions or limitations at all times and that you and the Property have all required permits, licenses, or permissions. If you become aware of any law, regulation or restriction applicable to your Property, you must promptly notify us. You are responsible for paying any fines, penalties, or other costs of noncompliance. Any efforts that we may make to secure necessary licenses on your behalf is done as a courtesy—regardless of whether or not we charge an extra fee for this service—and does not impose on us any of the responsibilities and obligations outlined in this Section 5.4.
5.5 Damage to Personal Property. You understand that any personal property or possessions stored in or left in your Property should not be left unsecured and we assume no liability for any loss or damage resulting from Guests who book your Property through our Services. Recognizing that the nature of short-term rentals makes it difficult to determine exactly who may have broken or removed an item—thus making it difficult to charge a Guest for any such action—you further agree not to leave items of sentimental or significant monetary value unsecured in your Property. You further agree not to leave materials of a nature unsuitable or unsafe for Guest occupancy in your Property.
5.6 Liens, Demands, Judgments. You are responsible for keeping the Property free of all liens, judgments, and other actions by creditors, service providers, or others that may impact your or our ability to perform obligations under this Agreement. If you are subject to court orders, lien notices, or other demands from your creditors, lienholders, or anyone else, we may take all reasonable steps to protect our interests and to comply with the law. Such steps may include placing a hold on payments owed to you under this Agreement or terminating this Agreement.
5.7 Startup Expenses. There are a number of expenses associated with preparing a property to begin operating as a short-term rental. A list of these estimated expenses is provided in Attachment A, but such a list is not exhaustive. These expenses include, but are not limited to, the initial cleaning of the Property, securing any required hotel/tourism tax license and tax remission services, the purchase and installation of an exterior smart lock compatible with our automated systems, the purchase and installation of a noise monitor, and the purchase and installation of an interior lock necessary for creating a locked storage closet. In addition, while we will replenish all cleaning supplies and consumables at our own expense, the initial purchase of such items will be at your expense. The fee outlined in Attachment A is due upon the signing of this Agreement, and you authorize us to charge the bank account you provide in Attachment B for the amount provided in Attachment A upon your execution of this Agreement.
5.8 Maintenance Reserve and Reimbursement. You authorize us to hold $500 in reserve to cover any maintenance or other necessary expenses associated with managing your property on your behalf. You understand that your Owner Distribution may be reduced where necessary to maintain this reserve balance at $500. Should your account balance ever drop below $0, you authorize us to debit your bank account or credit card on file to maintain the balance at $0. However, we agree to provide you with 72 hours’ notice before making such a debit or withdrawal.
6. MARKETING AND BOOKING.
6.1 Our Marketing. We will compile information you provide about and commission photographs of your Property (“Weekender Management Photos”) to build the Listing. We will distribute your Listing on our Site and other marketing channels of our various marketing partners, licensees, and affiliates (“Third-Party Marketing Sites”). We will hold permanent, non-exclusive rights to these photographs in perpetuity.
6.2 Bookings. We will enter into booking reservations with Guests for your Property at our discretion (a “Booking”). We will not contact you prior to making a Booking or rejecting a Booking request, and you will honor all Bookings made in accordance with this Agreement.
6.3 Availability Calendar. The availability calendar(s) for your Property displayed on our Site and Third-Party Marketing Sites will be based on the information you provide on the Site through your Owner’s Portal. We will rely on that information and will not contact you prior to confirming a Booking. You will update the calendar(s) for your Property on the Site to reflect all of your personal usage, seasonal blocks, maintenance blocks, and any other period when you do not want your Property to be available for Bookings. In the event of a double booking or other scheduling conflict due to your failure to update your availability calendar on the Site, you agree to honor all Bookings and understand that failure to honor Bookings shall be considered an Owner Cancellation as described in Section 10.
6.4 Rental Rates and Booking Terms.
6.4.1 Base Rates. Weekender Management shall have sole authority to establish rental rates for your Property to be included with the Listing (“Base Rates”) plus any applicable fees. Base Rates will vary based on a number of complex factors including demand, size, number of bedrooms, amenities, location, seasonal fluctuations, macroeconomic factors, rental history, the availability of other properties, minimum stay requirements, and other similar factors. Base Rates may be adjusted dynamically and may fluctuate on a seasonal, weekly, or daily basis. Base Rates include all amounts charged to a Guest for use of the Property, excluding taxes and fees. Fees are those charges that are incurred per stay, rather than per night, and shall include without limitation Pet Fees, Cleaning Fees, and Administrative fees and fees for any add-on services we may offer your guests, such as charges for early and late checkouts or arranging for grocery deliveries. If your Property is subject to regulations or HOA rules affecting minimum base rate requirements, you must inform us as soon as you become aware of them.
6.4.2 Minimum Stay Requirements. We will establish minimum stay requirements for your Property. We will establish and adjust those requirements with the goal of maximizing revenue and performance of the Property. If your Property is subject to regulations or HOA rules affecting minimum stay requirements, you must inform us as soon as you become aware of them.
6.4.3 Payment Terms; Cancellation and Refund Policies. We will establish Guest payment terms, cancellation, discount, and refund policies. The payment, cancellation, and refund policies are designed to incentivize guests to book and maximize your revenue over the long term. We will adjust our policies on a regular basis to take advantage of consumer demand, market conditions, and other factors that influence consumers. For example, this may include a fully flexible refund policy and varying the amount that the guest is required to pay at the time of booking. The polices may vary across different marketing channels to take advantage of the different audiences or dynamics that are unique to each channel. Our policies may allow for refunds to be issued to guests in the form of cash, gifts, or Weekender Management travel credits. These terms and policies may vary across marketing channels and may be adjusted regularly or dynamically without notice to you.
6.4.4 Pets. We will establish the appropriate Pet Policies for your property for the purpose of maximizing revenue. We will also set appropriate Pet Fees, if any.
6.5 Weekender Management Direct Bookings. We may publish Listings and make Bookings for your Property directly on the Weekender Management Site (a “Direct Booking”) in addition to publishing your Listing to Third-Party Marketing Sites.
6.6 Third-Party Marketing Site Guest Fees. Third-Party Marketing Sites may charge Guests a fee for the Guest’s use of the Third-Party Marketing Site when the Guest makes a Booking on that site (“Third-Party Guest Fees”). Third-Party Guest Fees are charged directly to the Guest, and we do not charge, control, or profit from Third-Party Guest Fees.
6.7 Guest Reviews. Guests will be able to review their stay at the Property and submitted reviews will be published. Administration of the reviews on Third-Party Marketing Sites are subject to the policies of the Third-Party Marketing Site. You acknowledge that we do not have the ability to remove or edit such reviews, though you give us the right to respond to such reviews as we deem appropriate.
6.8 Multiple Listing Service (MLS). We may, at our discretion, choose to list your property on the Multiple Listing Service (MLS). Please note that if another real estate agent secures a guest or tenant for your property, we will be obligated to pay a commission to that agent. Any commissions due will be paid by us on your behalf and will be deducted from your Owner’s Payout.
7. OWNER ACCOUNT AND LISTING INFORMATION.
7.1 Owner Account; Username and Password. We will give you access to an Owner’s portal on the Site that you may access from a web browser. You must manage your account and Listing information via your Owner portal on the Site.
7.2 Owner Booking. You may reserve your Property at any time via the Site provided that your Property is available for the dates you wish to reserve and you comply with the applicable check-in/check-out procedures and times on our Site. After you complete your stay, we will charge the normal cleaning fee against your Owner distribution to compensate us for cleaning and preparing the property for the next Guest.
7.3 Guest Rental Agreement. We may enter into a Rental Agreement with a Guest as a condition to a Booking and the Rental Agreement may reference all information provided in the Listing. We may revise the Rental Agreement at any time without prior notice to you. You agree that all documentation and information required to be understood or accepted by a Guest (e.g., all house, pool, condo, or neighborhood rules) will be provided to us and that a Guest will not, under any circumstances, be asked or required to sign any additional agreements or documents. You agree not to interfere, terminate, or disrupt any Booking made in accordance with this Agreement. You understand that the Rental Agreement may require us to issue partial or full refunds (whether in the form of cash, gifts, or travel credits) to Guests under a variety of circumstances, including circumstances where the Property is not, in our sole discretion, in an acceptable condition to host a Guest or due to extenuating circumstances, such as extreme weather events, pandemic, government action, or other force majeure events.
7.4 Guest Identity Verification. User verification on the internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Guest’s purported identity, age, reputation, conduct, morality, or criminal background (or those of any member of a Guest’s party). You agree you will accept each Booking without requesting additional screening information from Guests and we will be under no obligation to screen Guests on your behalf. We may choose to conduct identity verification or screening, but we cannot guarantee that screening efforts, if taken, will eliminate fraudulent Bookings, bad or criminal guest behavior, or damage to the Property.
7.5 Property Display and Presentation. Our Site and Third-Party Marketing Sites include listings for other properties. Search results on the Site and on Third-Party Marketing Sites are determined by a number of factors that we may or may not control. We do not adhere to a rotation system and may vary the frequency of display, and/or presentation of information pertaining to, your Property or the Property of others. Factors affecting the search results or display of your Property on our Site or Third-Party Marketing Sites may include likelihood of a property to receive a Booking, guest preferences for particular size, style, features, amenities, view or location; price of the Property; user reviews or lack of user reviews; availability, including as a result of your personal usage of your Property; restrictions on the Property; the physical condition of the Property; and any number of other factors out of our control affecting demand for, or desirability of, your Property.
8. OUR MANAGEMENT FEE.
8.1 Management Fee; Calculation. In exchange for our Services, we will charge a percentage of the Base Rate your property earns (our “Commission”).
8.1.1 Calculating our Commission: If your Effective Date is prior to July 1, 2023, the percentage amount of the Base Rate that we take as our commission (our “Commission Rate”) is based on the amount that appears on the original contract you signed unless we provide you with notice otherwise in accordance with the terms of this Agreement. If your Effective Date is July 1, 2023 or later, the Commission Rate for your property shall be 25% of the Base Rate.
8.1.2 As stated in Section 6.4.1, the Base Rate shall mean the aggregate of all revenues and income derived directly or indirectly from the operation of the Property, excepting only taxes and fees. Typically, the accommodation fare and the Base Rate are synonymous. As provided in Section 6.4.1, we shall be entitled to 100% of all fees, except as may otherwise be provided in writing, whether through a modification of this Agreement, an amendment or addendum to this Agreement, or through written notice to you. Our Commission and the fees are collectively the “Management Fee.” Third-Party Guest Fees charged to the Guest are not part of the Base Rate and do not affect the calculation of the Management Fee in any way. Owner will bear the full cost of any Third-Party Fees and commissions charged to us or the Owner.
8.2 Expenses.
8.2.1 You recognize that the Management Fee compensates us for our services. It does not cover the expenses directly associated with managing your Property. Consequently, except where otherwise stated in this Agreement, you shall be fully responsible for all expenses associated with managing your Property. While many of these expenses are irregular expenses—such as maintenance needs—some are regular expenses, such as tourism tax remission services. In addition, we charge a $99 monthly “software fee” to cover the direct costs we incur to manage your property and carry it in our system. These costs are subject to change, subject to the provisions of Section 8.2.2 below. However, as provided in Section 8.2.2 below, we will provide you notice of any change in such a fee within a reasonable period of time of our becoming aware of such a change.
8.2.2 Costs and fees associated with managing your Property, including without limitation tourism tax remission services and the $99 monthly software fee, are subject to change without notice. These costs are meant to reimburse Weekender Management for the actual expenses incurred and are not intended as fees or the source of additional profit for the Company. As such, Weekender Management will not arbitrarily change these costs but reserves the right to adjust them as necessary to reflect accurately the actual expenses directly incurred in managing your Property. To clarify, this Section 8.2 applies only to expenses directly attributable to managing your Property. Indirect costs associated with running a property management company in general are not billable.
8.3 Collection of Our Management Fee. We will retain the Management Fee, expenses, and taxes directly from payments and prior to distributing an Owner Payout to you. We may also recoup our Management Fees or other amounts you owe to Weekender Management under this Agreement as described in Section 9.
8.4 Changes to Our Fees. We reserve the right to modify the Management Fee at any time in accordance with this provision and Section 18.7. If we make changes to Management Fee or any other fee structure, we will provide you with notice at least thirty (30) days before the date they become effective. If you disagree with the revised Management Fees, you may terminate this Agreement subject to Section 18.7. If you do not give notice of your desire to terminate your Agreement before the date the revised Management Fees become effective, your continued use of our Services will constitute acceptance of the revised Management Fee. If you do give such a termination notice, we may continue to manage your Property at the existing Management Fee for up to an additional sixty (60) days to help smooth your transition to an alternative management arrangement. The notice requirement is not applicable to expenses described in Section 8.2 above.
8.5 Design and Preparation Services. If you so desire, we may help you conduct initial preparations to list your property, which may include without limitation design services and the purchase of furnishings on your behalf. If we do, our fee for these services shall be outlined in a separate agreement. Any fee associated with this service shall be in addition to any other fees or commissions described in this Agreement.
8.6 Onboarding Fee. You agree to pay a one-time, $500 onboarding fee. This fee shall be deducted from your first Owner Payout. This fee shall be non-refundable, unless Weekender Management terminates without cause within 90 days of the Effective Date. This provisions shall be inapplicable to existing clients signing this updated Agreement for properties we already manage pursuant to an earlier executed contract.
8.7 Mid-Term Rentals.
8.7.1 Should you so desire, you may designate your property as a mid-term rental, meaning it will only be available for stays of 30 days or more. To make this designation, you may indicate your choice at the bottom of this Agreement or send us written notice at any time. We consider the notice received when we confirm its reception. Email notifications suffice for this clause.
8.7.2 After we receive your notice, your property will transition to a mid-term rental either immediately, on a date you specify, or after existing and pending bookings conclude, based on whichever is later.
8.7.3 Once your property becomes a mid-term rental, our commission rate drops to 15%, and your monthly software fee drops to $75. This revised rate starts on the first day of the month following the effective date of your election. Please note, this reduced commission and software fee is exclusive to properties solely dedicated to mid-term rentals. If your property accommodates both short and mid-term stays, the 15% commission and $75 software fee do not apply. The designation isn’t retroactive and does not affect ongoing or pending reservations.
8.7.4 You may reclassify your property’s status only once during each 12 month period. If you decide to shift from a mid-term back to a short-term rental, the change and corresponding commission rate and software fee increase will either take effect immediately or after any currently ongoing mid-term bookings end, whichever is later.
8.7.5 Properties exclusively set as mid-term rentals due to a pending application for a short-term rental application or permit are not eligible for this designation.
9. OWNER PAYOUTS AND PAYMENT TERMS.
9.1 Owner Payouts; Timing. We will pay amounts due to you for each Booking after deducting our Management Fee and other amounts authorized to be deducted under this Agreement (an “Owner Payout”). Owner Payouts will generally be initiated once per month on approximately the tenth business day of the month. The time it takes for an Owner to receive an Owner Payout may depend on the payment processor or receiving bank’s processing schedule. Owner Payouts will be calculated based on Bookings that completed in the previous month. Bookings that began in the previous month but did not complete until the current month will not be included in the Owner Payout for the previous month. Nothing in this Section 9.1 shall prevent us from issuing more frequent payouts, should we, in our sole discretion, decide to do so.
9.2 Guest Cancellation. If a Booking that is not eligible for a refund or travel credits pursuant to our then-current cancellation policy is canceled by a Guest, the Owner Payout will be the nonrefundable portion of the total Base Rate paid to us by the Guest or Third-Party Marketing Site, subject to the Management Fee. Owner will not receive an Owner Payout for any Booking (or portion of a Booking) canceled by a Guest that is eligible for a refund (whether in the form of cash or travel credit) pursuant to our then-current cancellation policy.
9.3 Weekender Management Cancellation. In certain circumstances, Weekender Management will proactively cancel a future Booking at your Property. Reasons for Weekender Management cancellations include without limitation health and/or safety concerns at or around your Property, violations of our quality standards, notice of pending litigation or regulatory violations that impact your Property, compliance with mandates by the government, compliance with the Rental Agreement, and adherence with our own policies. You will not receive an Owner Payout for Weekender Management initiated cancellations.
9.4 Deductions; Set Off. We retain the right to set off or deduct from an Owner Payout any amount owed by Owner to Weekender Management pursuant to this Agreement. Your Owner Payout may be delayed or canceled for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation if deemed necessary in our sole discretion.
9.5 Bank Account Information. We will deliver your Owner Payout through direct deposit into your bank account. You are required to have and maintain an open bank account to receive these deposits. You agree to provide us with the required bank account information. You acknowledge that we will not deliver your Owner Payout by check or through any other means other than direct deposit.
9.6 Credit Card or Bank Account on File. We may require that you provide us with a valid credit card and/or bank account in order to activate your account. You authorize us to automatically charge your credit card or bank account for any Management Fees or other amounts owed to us under this Agreement that cannot be retained from Guest payments, Owner Distributions, or otherwise collected. You authorize us to add an additional 3% convenience fee for any credit card charges as well. You agree to keep your credit card and bank account information updated and to provide us with a new valid account number if your old card or bank account is deactivated, expired, closed, or does not have sufficient credit available to pay any Weekender Management Fees owed.
9.7 Collection Actions. We reserve the right to place your account on hold, suspend our Services, and/or terminate this Agreement if you are overdue in paying us any amounts due. Declined, refused, and/or returned payments may result in a $50.00 service charge payable immediately. Notwithstanding anything else herein, if you fail to pay any amounts owed to us under this Agreement, we reserve the right, on our own or through a third-party collection agency, to initiate a collection action against you to recover such funds. In such event, you agree to pay all costs and expenses, including without limitation, reasonable attorneys’ fees and other expenses, incurred by or on behalf of Weekender Management in connection with the collection action.
10. OWNER CANCELLATIONS; SALE OF PROPERTY.
10.1 Owner Cancellation Policy. We rely on your availability calendar to enter into Booking transactions with Guests and you agree to honor all Bookings. If you cancel one or more Bookings for your Property (an “Owner Cancellation”), you understand that we may be required to issue a refund or find alternative accommodations for a Guest, offer booking credits, or make other arrangements to satisfy the Guest, in our sole discretion. Owner Cancellations include (i) Bookings that you cancel for any reason and (ii) Bookings we cancel in our reasonable discretion because you have failed to keep your property in acceptable condition or have otherwise breached this Agreement.
10.2 Notice. You must promptly notify us of any Owner Cancellation.
10.3 Owner Cancellation Charge. Following each Owner Cancellation, we will charge Owner and debit the Owner account the greater of (i) two times (2x) the Management Fee that we would have earned on the cancelled booking if completed; or (ii) $250.
10.4 Owner Sale of Property and Post-Sale Bookings.
10.4.1 It is your responsibility to honor all confirmed Bookings. If you intend to sell the Property, you must promptly notify us and block the Owner Calendar for any periods for which you do not intend to honor Bookings. If you are unable to accommodate confirmed Bookings due to the sale of the Property and must cancel them, such cancellations will be considered Owner Cancellations, unless the booking channel through which the cancelled Bookings were made waives any associated penalty. If the applicable booking channel waives any such penalty, then such cancellations shall not be considered Owner Cancellations and you shall not owe any penalty as a result. For purposes of this Section 10.4.1 only, cancellations of bookings made through our direct booking channel will not incur any penalty in the event of a sale, so long as we are able to provide guests with at least 30 days’ notice.
10.4.2 Except as provided in Section 10.4.1, if you sell the Property while there are confirmed Bookings, you must either honor the Bookings or make arrangements for the buyer of the Property to honor them pursuant to this Agreement. You shall provide the buyer with all necessary documentation and information to ensure the fulfillment of the Bookings. If the buyer of the Property is unable or unwilling to accommodate the Bookings, then you will remain responsible for fulfilling the Bookings or providing full refunds to the Guests, as well as any associated penalties or fees. Failure to fulfill Bookings in such circumstances may result in a breach of this Agreement, and you may be liable for any damages caused by such breach.
10.4.3 With our approval, you may make arrangements for a purchaser of the Property to honor Bookings on your behalf. To obtain our approval, you must notify us of your intent to sell the Property and the purchaser of the Property must either (i) sign up for our Services; or (ii) accept our temporary Owner Agreement committing to honor the Bookings and authorizing us to transact directly with the purchaser until all confirmed Bookings are completed.
10.5 Government Regulations. Cancellations of reservations made in compliance with all laws at the time of their being made that must be cancelled due only to the implementation of new government regulations shall not be considered Owner Cancellations for purposes of this Section.
11. TAX.
11.1 We will collect, report, and remit on your behalf any applicable sales tax, occupancy tax, lodging, tourist, or other visitor taxes imposed by any government authority on the revenue your property generates through bookings (“Occupancy Taxes”). We may secure the assistance of third-party vendor to remit said taxes, in which case you will bear the cost of such services.
11.2 You are solely responsible for determining your obligation to report and remit any other applicable taxes not specifically mentioned in this Agreement including without limitation real property taxes, personal property taxes, and ad valorem tax. You are also solely responsible for determining your obligation to report and remit any sales taxes unrelated to the booking revenue as discussed in Section 11.1 above.
11.3 You are solely responsible for determining whether and how Bookings or Owner Payouts create income tax obligations for you. We are not responsible for advising you on income tax matters and you are solely responsible for any tax liability associated with Bookings or Owner Payouts.
12. LIMITATION OF LIABILITY.
12.1 IN NO EVENT WILL WEEKENDER MANAGEMENT, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, MEMBERS, AND/OR EMPLOYEES (COLLECTIVELY, THE “WEEKENDER MANAGEMENT GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE WEEKENDER MANAGEMENT GROUP (EACH A “THIRD- PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SERVICES, (B) THIS AGREEMENT, (C) ANY BREACH OF THIS AGREEMENT BY YOU OR A THIRD PARTY, OR (D) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE OR MARKETING PARTNERS’ SITES, FACILITATED BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
12.2 IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER, OR ANY USER OF THE SITE WITH RESPECT TO THIS AGREEMENT OR OUR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING OUR SERVICES. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE WEEKENDER MANAGEMENT GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
13. NO ATTORNEY-CLIENT RELATIONSHIP.
OWNER RECOGNIZES, IN ACCORDANCE WITH RULE 5.7 OF THE ARKANSAS RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS AND ANY OTHER SIMILAR RULES IN OTHER JURISDICTIONS, THAT WHILE OUR PRINCIPAL BROKER IS A LICENSED ARKANSAS ATTORNEY, WEEKENDER MANAGEMENT DOES NOT PROVIDE LEGAL SERVICES, NO ATTORNEY-CLIENT RELATIONSHIP IS EVER FORMED BETWEEN YOU AND WEEKENDER MANAGEMENT OR ANY ATTORNEYS ASSOCIATED WITH WEEKENDER MANAGEMENT, AND CONSEQUENTLY THE ARKANSAS RULES OF PROFESSIONAL CONDUCT—OR ANY OTHER SIMILAR RULES IN OTHER JURISDICTIONS—THAT RELATE TO THE CLIENT-LAWYER RELATIONSHIP DO NOT APPLY.
14. RELEASE AND INDEMNIFICATION.
14.1 IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR MARKETING PARTNERS’ SITES, YOU HEREBY AGREE TO RELEASE, REMISE, AND FOREVER DISCHARGE EACH MEMBER OF THE WEEKENDER MANAGEMENT GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR SERVICES.
14.2 YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE WEEKENDER MANAGEMENT GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF OUR SERVICES OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION, OR DISPUTE BETWEEN YOU AND ANY GUEST, OTHER USER, OR THIRD PARTY), ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR MARKETING PARTNERS’ SITES OR ANY BREACH BY YOU OF THIS AGREEMENT OR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. NOTWITHSTANDING THE FOREGOING, YOU WILL HAVE NO OBLIGATION TO INDEMNIFY OR HOLD HARMLESS ANY INDEMNIFIED PARTY FROM OR AGAINST ANY LIABILITY, LOSSES, DAMAGES, OR EXPENSES INCURRED AS A RESULT OF ANY ACTION OR INACTION OF SUCH INDEMNIFIED PARTY.
14.3 WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
15. DISPUTES AND ARBITRATION.
15.1 Our right to modify or amend this Agreement, in whole or in part, per Section 18.7 below, does not apply to this “Disputes and Arbitration” section. The version of this “Disputes and Arbitration” section in effect on the date you last accepted this Agreement controls. We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to our Services, any dealings with our customer-facing agents, any services or products provided, any representations made by us or our Privacy Policy (“Claims”) by contacting us at info@weekendermanagement.com. (You may review our Privacy Policy on the Site at www.weekendermanagement.com/privacy-policy.) If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
15.2 Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, Guests, other users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement, regardless of whether prior versions of the Agreement required arbitration. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction subject to the requirements of Section 15.8. We each agree that any and all disputes must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree that you and we are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you and we agree to waive the right to participate in a class action or litigate on a class-wide basis. You agree that you have expressly and knowingly waived these rights.
15.3 There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees, and costs), and must follow and enforce this Agreement as a court would.
15.4 Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Neither of us will seek attorneys’ fees or other costs in arbitration unless the arbitrator determines that the claims or defenses of a party are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in Bentonville, Arkansas or at another mutually agreed upon location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive expiration, termination, or rescission of this Agreement.
15.5 By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.
15.6 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Weekender Management Legal: Arbitration Claim Manager,” at Weekender Management, Inc., 1202 Northeast McClain Road, Building 7, Bentonville, AR 72712. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
15.7 Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
15.8 If for any reason a Claim or any other legal action between us proceeds in court rather than in arbitration, we each irrevocably and unconditionally agree that neither of us will commence any action, litigation, or proceeding of any kind whatsoever against the other in any way arising from or relating to this Agreement or our Services in any forum other than the courts of the State of Arkansas sitting in Benton County—or, if in a federal court, the Western District of Arkansas, Fayetteville division—and any appellate court from thereof. We each irrevocably and unconditionally submit to the exclusive jurisdiction of said courts. We each also agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgement or in any other manner provided by law.
16. JURISDICTION.
This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA Rules, federal arbitration law, and the laws of the State of Arkansas without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.
17. OUR GUARANTEE.
17.1 Our Advertised Guarantee. “We’re so confident in our ability to maximize your property’s performance, that if we don’t meet or surpass AirDNA’s projected income for your property in the first year, we will credit you the difference, up to $5,000.”
17.2 AirDNA. The income guarantee we provide is determined by the figure from AirDNA on the date we send you this agreement. We are not affiliated with AirDNA except as users of its product. To understand more about AirDNA, see https://www.airdna.co. The income amount for your Property that we guarantee in the first year, as per this Section 17 (Guaranteed Income) is $_____________.
17.3. Income. The total Guaranteed Income includes all revenue your property generates, excluding taxes. This encompasses the accommodation fee plus any other fees—including without limitation cleaning, pet, and administrative fees—and other potential levies. We only guarantee your property will generate at least this amount in total. Your actual take-home income might be lower due to deductions like our Management Fee, maintenance, cleaning, and other operational expenses.
17.4 Limitations and Exclusions. This guarantee is not absolute and is subject to the following limitations and exclusions.
17.4.1 Guarantee Period. The Guarantee Period is the time to which the Guarantee applies. It starts on the first day the property is ready to receive short-term bookings (i.e., bookings of less than 30 days) and guests and lasts for one year thereafter. This guarantee is exclusively for the first year and is not retroactive, repetitive, or ongoing. It also doesn’t apply to clients who signed their original contract with us before August 29, 2023.
17.4.2 Mid-Term Rentals. The Guarantee doesn’t cover properties that have been designated as mid-term rentals under Section 8.7 at any point during the Guarantee Period. Declaring a property a mid-term rental at the initiation of this Agreement permanently voids the Guarantee.
17.4.3 Property Availability. AirDNA’s projections assume the property is always available. Thus, for the Guarantee to be valid, the property must be rent-ready every day. Blocking off the property for any amount of time, except for maintenance emergencies as covered in Section 17.4.4, voids the Guarantee. If you book your own property at normal price through a booking channel, however, the Guarantee remains in force. Events like fires, natural disasters, or regulatory actions that make the property unsuitable for short-term rentals also void the Guarantee.
17.4.4 Maintenance Considerations. The property can be unavailable due to emergency maintenance for up to a cumulative seven days before the Guarantee is voided. In these cases, Guaranteed Income shall be reduced by either (1) the nightly rate for booked nights at the time the property is blocked off or (2) $100 per night, whichever is greater. One cleaning fee will also be deducted for each block of consecutive days marked as unavailable.
17.4.5 Amenity Alterations. Removing significant amenities or any change affecting stay quality voids the Guarantee. Examples include a hot tub becoming inoperable, a fence being removed, construction onset near the property, or the building of a new public nuisance nearby.
17.4.6 Form of the Guarantee. If your property doesn’t achieve the Guaranteed Income during the Guarantee Period, you will receive credits towards future management commissions, as outlined in Section 8 (Guarantee Payout). These credits shall equal the difference between the Guarantee Income and the actual income, but in no event shall the Guarantee Payout exceed $5,000 (Guarantee Limit). This Guarantee does not impact our right to end this Agreement. If you terminate for any reason or we terminate for cause, we are permanently exempt from the obligations of this Section 17. If we terminate without cause and there’s a remaining Guarantee Payout, we will pay you the remaining balance over twelve equal monthly installments.
17.4.7 Effect of Contract Termination.
17.4.7.1 Both parties retain the right to terminate this Agreement as provided elsewhere in this Agreement. If you terminate this Agreement for any reason or we terminate this Agreement for cause during the Guarantee Period, we are permanently exempted from Section 17’s obligations.
17.4.7.2 If we terminate this Agreement without cause during the Guarantee Period, the Guaranteed Income and the Guarantee Limit shall be prorated based on the time elapsed from the start of the Guaranteed Period to the termination date. If the prorated Guaranteed Income exceeds the actual revenue during this shortened period, we will pay you the difference in twelve equal monthly payments, up to the prorated Guaranteed Limit. For example, if the Guaranteed Income for your property is $40,000 and we terminate without cause after six months, the prorated Guaranteed Income shall be $20,000. If your actual income during that period was $10,000, we will pay you $2,500, the prorated Guarantee Limit, since the difference between the actual income and the prorated Guaranteed Income exceeds the prorated Guarantee Limit. If, however, your actual income was $19,000, we will pay you $1,000.
17.4.7.3 Notwithstanding any other provision of this Section 17, if we terminate this Agreement for any reason within 90 days of the beginning of the Guarantee Period, we shall be permanently exempted from Section 17’s obligations.
17.4.7.4 One-Time Guarantee. This Guarantee is only valid during the first year (the Guarantee Period) and will not apply again. It is not an ongoing guarantee, and it does not cover properties we previously managed.
17.4.7.5 Effect of Delays Due to Licensing Process. In the event that a property has not been declared a mid-term rental pursuant to Section 8.7 but is only available for stays of at least thirty days due to a pending short-term rental license, the Guarantee shall still be valid. In such a case, the Guarantee Period will begin on the first day the property becomes available to accept short-term rentals. In the event that the Guarantee Period begins more than 180 days after the Effective Date, the Guaranteed Income shall be adjusted to match updated AirDNA projections for the property.
17.4.8 Bankruptcy. The Income Guarantee provided under Section 17 shall not survive the declaration of bankruptcy by either party. In the event that either party declares bankruptcy, the Income Guarantee shall be immediately voided and shall not give rise to a claim in any bankruptcy proceeding.
18. GENERAL.
18.1 Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the Site and as may be modified thereafter (including the Privacy Policy and the Terms and Conditions), constitutes the entire agreement between us and you with respect to the matters set forth herein, and supersedes any prior agreement between us and you with respect to your use of our Services. Headings in this Agreement are for reference only and do not limit the scope or extent of such section. In the event of any conflict between this Agreement and any other terms and conditions applicable to a product, tool, or service offered via our Services, this Agreement shall prevail. If any portion of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. Further, any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
18.2 Assignment. We may assign this Agreement in our sole discretion. You must obtain our prior written consent to assign this Agreement, which may be granted or withheld by us in our sole discretion.
18.3 Force Majeure. Weekender Management will not be responsible for delays, errors, failures to perform, interruptions, or disruptions in our Services resulting from any act, omission, or condition beyond our reasonable control, whether or not foreseeable or identified, including without limitation acts of God, labor strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods, or other natural disasters, hackers, or the failure of any third party’s hardware, software, or communications equipment or facilities. For the avoidance of all doubt, government restrictions regulating short term rentals or travel in general, shall not make this Agreement impossible or impractical, nor shall it void this Agreement; such restrictions are specifically addressed in Section 5.4 which represents a fundamental term of the agreement between the parties. Should government restrictions make the use of the property as a short-term rental impossible or impractical, we shall offer the property for rent on such terms as the applicable laws and regulations allow. Nothing in this provision will prevent either party from terminating this Agreement under terms found elsewhere herein.
18.4 Effect of Waiver. No waiver of any breach of any term, covenant, agreement, restriction, or condition of this Agreement shall be construed as a waiver of any succeeding breach of the same or any other covenant, agreement, term, restriction, or condition of this Agreement. The consent or approval of either party to or of any action or matter requiring consent or approval shall not be deemed to waive or render unnecessary any consent to or approval of any subsequent or similar act or matter.
18.5 Survival. Sections 8 (Our Management Fee), 9 (Owner Payouts and Payment Terms), 12 (Limitation of Liability), 14 (Release and Indemnification), 15 (Disputes and Arbitration), 16 (Jurisdiction), 17 (Our Guarantee), and this Section 18 (General) shall survive any termination or expiration of this Agreement.
18.6 Notices. You can contact us and/or provide any notice under this Agreement at info@weekendermanagement.com or by mail to “Weekender Management Legal” at Weekender Management, Inc., 234 Southwest 7th Street, Suite 106, Bentonville, Arkansas 72712. We can provide notice under this Agreement by contacting you at the Owner email address and/or the Owner mailing address that you provide in your Owner’s portal.
18.7 Modification of this Agreement. We reserve the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Agreement on the Site and provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Agreement, you may terminate this Agreement pursuant to the terms of Section 3 of this Agreement. In such a case, the Agreement in place at the time you provided your notice will remain in effect until your Agreement terminates. If you do not terminate your Agreement before the date the modifications become effective, your continued access to or use of our Services will constitute acceptance of the revised Agreement.
19. ELECTRONIC SIGNATURES
19.1 Electronic Signature. The Parties agree that this Agreement may be signed electronically. Each Party may sign this Agreement by affixing their electronic signature in the designated space provided below or by any other method agreed upon by the Parties.
19.2 Validity and Enforceability. The Parties acknowledge and agree that electronic signatures have the same legal effect, validity, and enforceability as handwritten signatures. The use of electronic signatures shall be considered as the signing of this Agreement and shall bind the Parties to the terms and conditions contained herein.
19.3 Delivery of Electronic Signature. The Parties agree that the delivery of an electronic signature through email or any other electronic means shall be sufficient to evidence the intent of the signing Party to be bound by the terms of this Agreement.
19.4 Retention of Electronic Records. The Parties shall retain electronic copies of this Agreement and any related documents containing electronic signatures for their records. The electronic copies shall be deemed to be originals for all purposes.
Do you wish to designate your property as a mid-term rental pursuant to the provisions of Section 8.7? Yes No
Address of Property:
_______________________________
Owner
WEEKENDER MANAGEMENT, INC.
By ________________________
Richard Garrett Ham, Jr.
Principal Broker
ATTACHMENT A
Below is the list of the estimated upfront expenses associated with preparing your property to begin operating as a short-term rental. You recognize that work on preparing your property cannot begin until this payment is remitted, and you authorize us to debit the account you list in Attachment B for the expenses below immediately upon your signing this agreement.
You recognize that these are just estimates, and a detailed breakdown of any required startup expenses will be provided on your first Owner’s statement. Should your startup expenses exceed the estimate provided in this Attachment A, you will be billed for the difference on your first Owner’s Statement in accordance with the provisions of this Agreement. However, should the expenses be less than the estimates provided, you will receive a credit for the applicable amount.
- Maintenance Reserve: $500
- Professional Photographs: $_______
- Smart Lock: $______
- Storage Closet Lock: $_______
Total: $__________
ATTACHMENT B
DIRECT DEPOSIT AND DEBIT AUTHORIZATION
Please print and complete ALL the information below.
Name: _______________________________________________________________________
Address: _____________________________________________________________________
City, State, Zip: _______________________________________________________________
Name of Bank: ________________________________________________________________
Account #: ____________________________________________________________________
9-Digit Routing #: ______________________________________________________________
Weekender Management, Inc. is hereby authorized to directly deposit any funds it owes me to and directly debit any funds I owe it from the account listed above in accordance with the terms of our Agreement dated __________________________.
Signature: _____________________________________________________________________
Date: _____________________________________________________________________
ATTACHMENT C
I hold the property that is subject to this Agreement (choose one):
In my personal capacity. If you hold the rights to this property in your own name, then the provisions of this Attachment C do not apply to you.
In an LLC, LLP, corporation, trust, or other legal entity. If you hold this property in an LLC, LLP, corporation, trust, or other entity or if you are signing this Agreement on behalf of any such legal entity, then you hereby agree to, jointly and severally liable, personally guarantee the payment of all fees and costs as outlined in this Agreement and the performance of all duties under this Agreement, on behalf of said entity.