General

The terms and conditions stated herein (collectively, this "Agreement") constitute a legal agreement between you and New Orleans Apartment Management and Marketing, LLC (dba Vacay Rental Management), a Louisiana Limited Liability Company or the appropriate entity (the "Company") acting as your Co Host (“Co Host”). By using or receiving any services supplied to you by the Company (together with the website located at https://www.vacayrentalmanagement.com and other similarly titled sites owned and controlled by the Company), and downloading, installing or using any associated software or hardware supplied by the Company which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.vacayrentalmanagement.com/legal or through the Service. Vacay Rental Management may be contacted by email at info@vacayrentalmanagement.com or by mail at 2100 Oretha Castle Haley Blvd., New Orleans, LA 70113.

Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use and the Privacy Policy and your representation that you are 18 years of age or older. Your use of the Service after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms of Use and the Privacy Policy to see if they have been changed. This Agreement is subject to change at any time, effective upon posting on the Service.

RESERVATION MANAGEMENT

Vacay Rental Management provides value-added services (herein referred to as "Co Host Management", "End to End Management", “Management” or "Reservation Management") to Hosts, who are property owners or property lessors and Guests who have arranged the use of residential and other property principally through third party booking agents and hosting platforms. These Terms of Service (these “Terms”) constitute an agreement between Vacay Rental Management and the users (each a “User”) of Vacay Rental Management’s website, mobile applications and services (collectively, the “Site” and the “Services”). Vacay Rental Management is sometimes referred to herein as "Vacay", “Management,” “Manager,” “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” “host,” or “guest.”

Certain areas of the Site and Services (and your access to or use of certain Content (as defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Content, either the latter in terms and conditions shall apply or terms most in favor of Vacay Rental Management will take precedence with respect to your use of or access to that area of the Site, Services or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED FROM TIME TO TIME AT WWW.VACAYRENTALMANAGEMENT.COM /TERMS(OR SIMILARLY TITLED SITES OWNED AND CONTROLLED BY THE COMPANY), (2) YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES, (3) YOU AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY AT WWW.VACAYRENTALMANAGEMENT.COM/PRIVACY, WHICH EXPLAINS HOW WE USE YOUR PERSONAL INFORMATION, (4) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS RELATED TO YOUR USE OF THE SERVICES AND (5) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU.

If you accept these Terms, you represent that you have the capacity to be bound by them. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

KEY TERMS

“Accommodation” means a residential or other property that is rented from a Host by a Guest.

“Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation.

“Guest” means a Member of a Third Party Platform who uses the Vacay Rental Management Services in connection with its rental of an Accommodation from a Host principally through a Third Party Platform.

“Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform.

The Unit Intake document is the form provided by Vacay Rental Management to Owner, in which Owner fills out to indicate various facts and figures about Owner and Owner’s Property including but not limited to number of bedrooms, bathrooms, amenities, safety, booking and availability preferences, wifi codes, door codes if any, etc. Any and all data points provided by Owner shall be merely considered as recommendations, suggestions, or preferences of Owner. In the event of a Reservation in which information provided by Owner on the Unit Intake document is neither accurate, replicated, included, or excluded on the Listing Site, and such Reservation results in any act, or failure to act, error, omission, damage or injury to any party, then all Sections below including but not limited to sections discussing Indemnification, Disclaimer of warranties, Indemnifications, and Liability limitations shall apply.

“Owner” or "Owner Host" means a Property Owner (or person with authority to occupy and let the Property) who may not have registered the Property or themselves on any Third Party Platform but nonetheless allows and permits Vacay Rental Management to list their Property under a Vacay Rental Management profile and act as the Co Host to Owner who shall be defined as a Host. An Owner is also responsible for the actions or inactions of any such person or persons who has access to the property, was directed by the Owner or acted under an Owner’s instruction, direction or to benefit the Owner or the Property, as it pertains to any acts herein that impact the privacy, security, safety of any Occupant or Guest of the property for which Vacay Rental Management was responsible or involved in procuring the stay in the Property.

"Property" means each and every separate property you identify and enlist the Vacay Rental Management Service to cover, whether by naming in the Unit Intake document, purchasing a product on the www.VacayRentalManagement.com website, or by any other proactive means including email, text or phone, in which you request and Vacay Rental Management agrees, to represent the Property.

“Reservations” (also referred to as “Bookings” herein) shall refer to an actual confirmation of a stay for a Guest including a pre-payment, and/or partial payment and/or full payment for the Property and right to occupy that Property for a designated period of time.

“Third Party Platform” (or "Online Listing Site", “Listing Site”, “Online Site”, “Booking Site”) means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations.

HOW THE SITE AND SERVICES WORK

Vacay Rental Management provides value-added Services to Owners, Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms.

Owners & Hosts: Vacay Rental Management provides Services to Owner-Hosts that agree to a service agreement with “Vacay Rental Management Service” (the “Service”). Vacay Rental Management may offer to assist Owner-Hosts with preparing and properly marketing their Accommodations, including selecting an optimal price for the listing of an Accommodation. Vacay Rental Management may help Owner-Hosts by interacting with potential guests to answer questions and arrange a stay. Vacay Rental Management may also provide or utilize third party vendors to provide Guest management services before, during and after the Guests stay, including scheduling professional cleanings and handling unexpected events such as lockouts. Vacay Rental Management may arrange third party maintenance services on Owner’s behalf. Vacay Rental Management also may assist Owner-Hosts with marketing their listings by publishing listings on multiple Third Party Platforms. In the event Manager lists Owner’s Property on Manager’s own profile, Owner and Manager shall still maintain a Host/Co-Host relationship.

In addition to these Terms, Owner-Hosts are subject to the Vacay Rental Management Vacation Rental & Short Term Agreement below, which is incorporated into these Terms.

Guests: Vacay Rental Management may provide Services to Guests that have responded to an Owner-Hosts or Vacay Rental Management’s posting on a Third Party Platform. Vacay Rental Management or its third party vendors may assist Guests or potential Guests with questions regarding a listing or booking for a Guest's Accommodation, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. In addition to these Terms, Guests may be subject to the Guest Services Agreement and House Rules, which are incorporated into these Terms.

Vacay Rental Management solely provides services to Owner-Hosts and Guests to facilitate a booking transaction between Owner-Hosts and Guest. Unless explicitly stated otherwise herein, Vacay Rental Management’s responsibilities are limited to (1) assisting Owner-Hosts with optimizing the listing and booking of Accommodations and (2) providing Guest support services.

In accordance with these Terms, you understand and agree that (1) Vacay Rental Management is not a real estate broker, agent, insurer, or booking agent, nor is it an owner of Accommodations, transportation, travel services or other services provided by third parties through the Site or Service; (2) Vacay Rental Management not a party to any agreement between a Third Party Platform and Owner-Hosts or Guest or any agreement between Owner-Hosts and a Guest; (3) Vacay Rental Management does not control the content contained in any listing or the condition, legality or suitability of any Accommodations, and instead provides to each Owner-Host the listing in which the Owner-Host may notify Vacay Rental Management to amend, edit, alter or request to outright cancel), (4) Vacay Rental Management is not responsible for the compliance with any laws by Owner, Host or any Third Party Platform; (5) Vacay Rental Management has no control over the conduct of Tenant Hosts, Guests and other users of the Services or any Accommodations; and (6) as set forth in the Section entitled “Liability Limitations”, Vacay Rental Management is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Owner/Host's and Guest's own risk.

The Vacay Rental Management Vacation Rental & Short Term Agreement, House Rules, and Guest Services Agreement may be updated from time to time at our discretion and changes will be effective upon posting them. A copy of the current Vacay Rental Management Vacation Rental & Short Term Agreement, Guest Rules and Guest Services Agreement can be found below.

Vacay Rental Management Vacation Rental & Short Term Agreement as Between Owners / Hosts & Vacay Rental Management

This Agreement is effective from the first date you use the Site and/or sign up for the Vacay Rental Management Services, the (“Effective Date”).

This Agreement is made by and between you (hereinafter “Owner” or “Host”) with residence for short term and vacation rental (the “Property”, “Properties”, “Listing”) as listed on behalf of you by New Orleans Apartment Management and Marketing, LLC dba Vacay Rental Management. ("Vacay Rental Management").

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED FROM TIME TO TIME AT WWW.VACAYRENTALMANAGEMENT.COM, (2) YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES, (3) YOU AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY AT WWW.VACAYRENTALMANAGEMENT.COM/PRIVACY, WHICH EXPLAINS HOW WE USE YOUR PERSONAL INFORMATION, (4) YOU AGREE THAT YOU HAVE READ AND ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS INCLUDING BUT NOT LIMITED TO AIRBNB.COM, VRBO.COM, HOMEAWAY.COM, BOOKING.COM, FLIPKEY.COM, VACAYRENTALMANAGEMENT.COM, KIDANDCOE.COM, ZILLOW.COM, TRULIA.COM, RELATED TO YOUR USE OF THE SERVICES (5) YOU AGREE THAT YOU AND YOUR PROPERTY INCLUDING STRUCTURE, COMMON AREAS, AND ANY REASONABLE AREA THAT A PERSON MAY COME IN CONTACT WITH AS A RESULT OF YOUR DECISION TO LIST YOUR HOME(S) FOR RENT ARE IN COMPLIANCE AND WILL AT ALL TIMES DURING THE TERM OF THIS AGREEMENT REMAIN IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU AND YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO ZONING, TAX, SHORT TERM RENTAL (STR) LICENSURE, PERMIT, HEALTH AND SAFETY, FIRE SAFETY, POOL & SPA SAFETY, SMOKE AND CARBON MONOXIDE DETECTION AND DEVICES, BUILDING CODE(S), PRIVACY AND SECURITY AND THAT SUCH COMPLIANCE IS YOURS AND YOURS ALONE AND IS NEVER THE RESPONSIBILITY OF VACAY RENTAL MANAGEMENT ITS EMPLOYS, DELEGATES, VENDORS, FOUNDERS, CONTRACTORS, SUBCONTRACTORS, OR ASSIGNEES (6) YOU AGREE THAT IF YOU ARE A TENANT AND NOT AN OWNER OF A PROPERTY BEING UTILIZED BY THE VACAY RENTAL MANAGEMENT SERVICE, THAT YOU MAY BE IN VIOLATION OF YOUR LEASE BY LISTING A UNIT ON VACAY RENTAL MANAGEMENT'S OWN WEBSITE OR ANOTHER THIRD PARTY PLATFORM AND THAT YOU MAY SUFFER AN EVICTION FOR DOING SO AND THAT YOU AGREE TO INDEMNIFY, VACAY RENTAL MANAGEMENT FOR ANY HARM SUFFERED BY YOU OR ANOTHER FOR SUCH ACTION.

VACAY RENTAL MANAGEMENT, and its employs, assigns, delegates, vendors and contractors and their agents, heirs, executors, administrators, successors in interest, officers, directors, shareholders, attorneys, insurers and assigns, together VACAY RENTAL MANAGEMENT Parties are experienced in the operation and knowledge of online short term and vacation home rental listings and are otherwise completely able to competently assist a Host or Owner in such online short term and vacation rental home listings, and are willing to assist Host or Owner in the undertaking of the marketing and operation of such a listing(s) for the Host/Owner under the terms set out in this Agreement:

1. Description of the property. This Agreement is made with respect to the Property you have identified by name in documents between you and us, including but not limited to our Unit Intake form. Any additional Properties submitted by you to VACAY RENTAL MANAGEMENT for management, even if not done formally via an online sign up, shall be considered a Property for purposes of this Agreement.

2. Responsibilities of vacay rental management. VACAY RENTAL MANAGEMENT will serve, as an independent contractor, as the Host’s or Owner's exclusive agent. VACAY RENTAL MANAGEMENT will provide to Owner the following services (collectively, the "VACAY RENTAL MANAGEMENT Service") as outlined in Appendix 1.

3. Responsibilities of vacay rental management in a consultant role. In those instances in which VACAY RENTAL MANAGEMENT has been retained to perform consulting services, whether if by advising Owner on ongoing basis or providing design and staging services, VACAY RENTAL MANAGEMENT is not acting in a legal or accounting capacity, nor is it providing real estate brokerage services. All terms herein shall apply, specifically Sections 32 through 54, as it relates to limitations of liability, disclaimers, indemnifications, hold harmless, and all other legal terms encompassed by these Sections. Unless otherwise agreed upon by the Parties, the scope of services and fees for such services shall be defined on the relevant website pages on the Vacay Rental Management website.

4. Income & expenses. Where applicable, Manager shall charge to Guest the fees as outlined in Appendix 2. Likewise, where applicable, Manager shall cause to be deducted from the Gross Income (and thus the Owner Payout), the listed expenses as outlined in Appendix 2. Such Income and Expenses shall be delivered to Owner by Manager on a monthly basis.

5. Hourly Work. In the event Owner requires Manager to perform duties including but not limited to US mail or special package pickup or delivery, furnishings or design assistance, utility repair or survey, appliance delivery, repair or assistance, for work not caused by Vacay Rental Management or a Guest of Vacay Rental Management, then Manager shall have the right to a fee of $45/hr for such work performed unless otherwise agreed between the Parties. For work lasting more than 4 hrs., Manager shall receive an hourly fee of $45/hr for each hour thereafter unless otherwise agreed between the Parties.

5.1. Manager may bill Owner directly or Manager may deduct from Total Payout to Owner. Manager may, but is not required, to inform Owner of projected time to facilitate such Hourly Work. Hourly work may be, but is not required to be, billed in 30 minute increments with a 1 hr. minimum for all Hourly Work.

6. Responsibilities of owner. Owner will provide to Vacay Rental Management the following services (collectively, the Services) as outlined in Appendix 3 “RESPONSIBILITIES OF OWNER”:

6.1. Owner shall ensure any information provided to Vacay Rental Management by Owner whether in writing or at the Property itself, is legal, and accurate and disclosed to Vacay Rental Management, such that any adverse actions, claims, or injuries against Vacay Rental Management or suffered by Vacay Rental Management due to Owner’s actions or non-actions, inaccuracies, are the responsibility and liability of Owner including direct and actual economic harm to Vacay Rental Management and non-direct, economic injuries suffered by Vacay Rental Management.

6.2. Owner shall ensure the Property or Properties meet all local, city, state or federal codes at all times during this Agreement for such matters including but not limited to ensuring all zoning, tax, health, safety, fire safety, pool and spa safety, stairs and stairways, cooking appliances indoor and outdoor, fireplaces, bunk beds, carpets and rugs, privacy, confidentiality, security, and building codes such that each of these remain in compliance with any statute, law, local, state or federal guideline, at all times during the Agreement and as a condition of utilizing the Vacay Rental Management and that the responsibility of such compliance remains at all times the entire responsibility of Owner and not Manager. Shall Manager undertake any remedies to any of the above, at no time shall such action relieve Owner of his duty to remain compliant, nor does it act as an admission by Manager in any capacity.

6.3. Owner shall ensure that at no time will there be any recording devices inside the Property.

6.4. Owner Bookings. In the event Owner wishes to book, reserve or otherwise block off dates for the Property, for himself or another Guest (“Owner’s Guest”), the following protocol shall be followed as outlined in Appendix 4 “OWNER BOOKING NOTIFICATIONS”:

6.5. Reservation Cancellation. Shall Owner cause Vacay Rental Management to have to cancel any Reservation or multiple Reservations for any reason except as noted in below (“Extenuating Circumstances”), then owner shall pay to Vacay Rental Management the larger amount of the total reservation(s) cost being cancelled or $2,500 US per each canceled reservation. This fee shall compensate Vacay Rental Management for the negative impact a cancellation has on its online ranking, for all efforts taken in booking the reservation, for all efforts undertaken to prepare the home and the Guest prior to the cancellation, for all efforts taken in notifying and preparing the Guest after the cancellation, and to compensate Vacay Rental Management for its time and resources in unwinding and rectifying any damage to its online and offline reputation for creating a cancelled reservation. A cancellation shall be defined as any Reservation that does not take place at the Property contracted between the Parties. Therefore, shall Owner terminate Vacay Rental Management or otherwise cause Vacay Rental Management to alter, cancel, modify, or in any way cause a Reservation(s) to not take place at Owner’s Property, then a Cancellation has occurred. Vacay Rental Management shall not be required to find alternative accommodations for an affected Guest. Owner further agrees and acknowledges that any termination of Manager shall allow Manager to withhold and/or deduct the greater of $2,500 (per occurrence) or total reservation(s) cost, from an Owner Payout for the Owner Payout month in which the termination occurs, even if the terminated Reservations in the future are in future months. A termination of Manager in which future Reservations have yet to occur shall likewise be considered terminated unless otherwise agreed upon by the Parties. Owner agrees that any termination of Manager, that results in future Reservation Cancellations, shall be a violation of this Agreement and subject to the terms above if due to the bad acts, damage, or maintenance issues, intentional, negligent or otherwise caused by a Guest or a visitor to the Property of a Guest, unless such acts result in the complete and total uninhabitability of the Property.

6.6. Extenuating Circumstances. In the rare instance where extenuating circumstances arise, Owner (or, Vacay Rental Management on behalf of owner) may need to cancel a confirmed Reservation. Vacay Rental Management nonetheless earn the greater of 15% or a flat fee of $150, of its original management fee to compensate it for work done prior to the cancellation to ascertain the Reservation as well as work done to undertake the cancellation itself. In such cases, Manager shall elect to forgo the Cancellation Penalties outlined above, such cases will be contingent on proper documentation, where valid, and include:

6.6.1. Death in the family

6.6.2. Serious illness or serious illness in the family

6.6.3. Natural disaster in the country

6.6.4. Political unrest in the country

6.6.5. Serious property damage rendering a material portion of the home uninhabitable (accompanied by verifiable documentation of the damage) but under no circumstance such damage either caused by or instigated by Owner for the sole purpose of qualifying for this provision and that which otherwise could be delayed until after all Reservations have been hosted.

6.6.6. Serious Maintenance issues that affect the ability to host but under no circumstance such maintenance issues either caused by or instigated by Owner for the sole purpose of qualifying for this provision and that which otherwise could be delayed until after all Reservations have been hosted.

6.7. Sale. (Not included under Extenuating Circumstances) shall be Owner causing the Property to be listed for sale. In such instance, Owner shall inform Manager, make the Sale of the Property subject to the Reservations in effect, and at such time, Manager at its election may block any Listing Site calendar such that further reservations are not permissible. Shall Manager in its sole discretion deem it necessary to cancel upcoming Reservations, then “Reservation Cancellation” shall apply.

6.8. Lien. Host/Owner grants Manager a lien on the Property if future reservations are cancelled because Owner indicates a desire to or actually takes step to sell the Property.

6.9. REGULATORY COMPLIANCE. BY ACCEPTING THIS AGREEMENT YOU STATE, CONFIRM AND AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU AND THE PROPERTY AS IT PERTAINS TO ANY AND ALL LOCAL ORDINANCE, ZONING, SHORT TERM RENTAL (STR) LICENSE, PERMIT, REGULATORY APPLICATION OR OTHER REGISTRATION REQUIREMENTS, BUILDING CODE, FIRE SAFETY, POOL & SPA SAFETY, STAIRS & STAIRWAY SAFETY, COOKING APPLIANCE INDOOR AND OUTDOOR, FIREPLACE, BUNK BEDS, CARPETS, AND RUGS.

7. Tax & Transient Occupancy. Certain properties may be subject to a municipality tax known as transient occupancy tax (“TOT”). The TOT is a short-term rental tax, that is paid by the Guest for the rental where applicable. Transient Occupancy Tax (TOT) is levied for the privilege of occupying a room or rooms or other living space in a hotel, inn, tourist home or house, motel or other lodging for a period of 30 days or less. The tax acts as an additional source of non-property tax revenue to local government.

7.1. IT SHALL BE THE SOLE RESPONSIBILITY OF OWNER AND NOT MANAGER OR ITS EMPLOYS, ASSIGNS OR DESIGNEES AND THEIR AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS IN INTEREST, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, INSURERS TO ENSURE THE PROPERTY IS PROPERLY AUTHORIZED BY WAY OF REGISTRATION, PERMIT OR OTHER FORMAL AUTHORIZATION TO OPERATE AS A BUSINESS OR HOTEL OR RESIDENCE FOR RENT. WHERE REQUIRED, OWNER SHALL DISPLAY THE APPLICABLE CERTIFICATE IN THE PROPERTY.

7.2. IT SHALL BE THE RESPONSIBILITY OF MANAGER TO REQUEST AND COLLECT THE TRANSIENT OCCUPANCY TAX (“TOT”) , IF APPLICABLE, FROM GUESTS WHEN POSSIBLE (BY WAY OF THE ONLINE LISTING PLATFORM) IN WHICH THE TOT IS MANDATED BY LOCAL LAW TO BE COLLECTED AND IS ABLE TO BE SET UP AND COLLECTED VIA THE ONLINE BOOKING PLATFORM MANAGER RELIES ON. MANAGER SHALL NOT BE IN BREACH OF THIS AGREEMENT FOR FAILING TO COLLECT THE TOT. IT SHALL BE THE SOLE RESPONSIBILITY OF OWNER TO REMIT THE TOT IN A TIMELY MANNER, WHETHER OR NOT COLLECTED SEPARATELY BY MANAGER.

7.3. IN THE EVENT MANAGER IS UNABLE TO CHARGE THE TOT, OWNER IS NOT RELIEVED OF HAVING TO PAY THE TOT. THE TOT MUST STILL BE PAID BY OWNER REGARDLESS IF THE GUEST HAS PAID TO MANAGER OR IF MANAGER WAS UNABLE TO CHARGE THE TOT TO GUEST, SUCH THAT THE RESERVATION QUALIFIED FOR TOT. OWNER HEREBY AGREES THAT ANY FAILURE TO REMIT TOT IN A TIMELY MANNER OR CORRECT AMOUNT SHALL BE THE SOLE FAILURE OF OWNER AND IN NO WAY IMPLICATES OR OTHERWISE SUBJECTS MANAGER, ITS ASSIGNS, EMPLOYS, DELEGATES AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS IN INTEREST, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, INSURERS TO LIABILITY OR FAULT. IN SOME JURISDICTIONS FINES AS MUCH AS $2500 / DAY FOR VIOLATION OF LOCAL TOT LAWS MAY APPLY.

7.4. AT NO TIME SHALL MANAGER BE RESPONSIBLE FINANCIALLY OR OTHERWISE IF AN OWNER SHALL INCUR A FINE, FEE, TAX, LEVY OR OTHER CASH EQUIVALENT PAYABLE TO ANY GOVERNING BODY, CITY, MUNICIPALITY, STATE, OR FEDERAL, FOR ANY ACT, ERROR, OMISSION, OR FAILURE TO ACT BY ANY GUEST, OR A GUEST OF A GUEST, AT OWNERS PROPERTY. LIKEWISE MANAGER SHALL NOT BE LIABLE IN ANY RESPECT IF OWNER SHALL HAVE A PERMIT OR ANY OTHER LICENSE TO OPERATE SUSPENDED, REVOKED, CANCELED, NOT RENEWED, OR OTHERWISE RESULT IN ANY TEMPORARY OR PERMANENT LOSS SUCH OF SUCH PERMIT OR LICENSE. THIS SECTION SHALL ALSO INCLUDE ANY IMPACT TO OWNER AND OWNER’S ABILITY TO OPERATE AS A RENTAL PROPERTY DUE TO A SINGLE ACT OR MULTIPLE ACTS OF ERRORS, OMISSIONS OR FAILURES TO ACT OF A GUEST OR GUEST OF GUEST, OR, VIOLATION(S) OF ANY CODE(S), INCURRED BY ANY GUEST OR GUESTS OF GUEST, AT OWNER’S PROPERTY. OWNER AGREES THAT ALL FOLLOWING SECTIONS IN THIS AGREEMENT INCLUDING BUT NOT LIMITED TO ANY DISCLAIMERS, LIABILITY LIMITATIONS, INDEMNIFICATIONS, WAIVERS, HOLD HARMLESS, AND/OR OTHER CLAUSES HEREIN RELATED TO LIMITING MANAGER’S LIABILITIES FOR THE ACTIONS OR IN ACTIONS OF OTHERS SHALL APPLY.

8. HOA. Certain properties may be subject to a homeowner's associations (“HOA”) or similar association type, in which those HOA’s have enacted short term and vacation rental restrictions outlined in their rules and regulations which apply to all homeowners in that particular community.

8.1. IT SHALL BE THE SOLE RESPONSIBILITY OF OWNER AND NOT MANAGER OR ITS EMPLOYS, ASSIGNS OR DESIGNEES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS IN INTEREST, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, INSURERS, TO ENSURE THE PROPERTY IS PROPERLY AUTHORIZED BY WAY OF REGISTRATION OR OTHER FORMAL AUTHORIZATION TO OPERATE OR PROVIDE LONG TERM, SHORT TERM OR VACATION RENTAL SERVICES.

8.2. BY ACCEPTING THIS AGREEMENT YOU STATE, CONFIRM AND AGREE THAT YOU ARE IN COMPLIANCE WITH ALL HOA AND BUILDING REGULATIONS (SHOULD THEY APPLY) APPLICABLE TO YOU AND THE PROPERTY AS IT PERTAINS TO ANY AND ALL HOA ORDINANCES, PERMITS, APPLICATIONS OR OTHER REGISTRATION REQUIREMENTS.

8.3. OWNER HEREBY AGREES THAT ANY FAILURE TO COMPLY WITH THE HOA RULES & REGULATIONS AND THUS ANY PENALTY, HARDSHIP, FINE, LOSS OF PROPERTY OR LOSS OF USE OF PROPERTY OR ANY ACT CONCERNING THE SHORT TERM OR VACATION RENTAL OR ANY ACTIVITY ASSOCIATED WITH SUCH, SHALL BE THE SOLE FAILURE OF OWNER AND IN NO WAY IMPLICATES OR OTHERWISE SUBJECTS MANAGER, ITS ASSIGNS, EMPLOYS, DELEGATES, AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS IN INTEREST, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, INSURERS TO LIABILITY OR FAULT.

9. Right of Entry. Unless an emergency arises at the Property, then under no circumstance shall Owner undertake entry to the Property when its rented/occupied by a Guest, under any circumstance. Such occurrence may be deemed a violation of privacy and subject Manager (if the Property is listed on a Third Party Platform under Manager’s own profile or a profile controlled by Manager) to penalties and adverse effects. In such instances Owner will be subject to a minimum monetary fine of $5,000/day for each day Manager is affected by Owner’s action(s), in the event such entry results in a negative impact to Manager’s online profile/account, even if temporary. By way of example, if Manager’s profile is ‘delisted’, ‘suspended’, or more permanently, removed or banned from a Third Party Platform due in part or in whole to Owner’s actions, then Owner shall be liable to Manager for $5,000 for each day such impact is sustained by Manager. For the purpose of this clause an emergency is defined as an event that is causing damage and will continue to cause damage to the Property if not dealt with immediately. There are several situations that constitute an emergency—generally regarding floods, fire and extreme weather. Any other instances of entry by an owner would be considered non-emergency and unauthorized.

10. Cameras and Recording Devices. Owner agrees there will not be any cameras or recording devices inside the home while it is managed by Vacay Rental Management , including in locked/secure rooms that are unavailable for guest use/access. Owner further agrees that any exterior cameras on the Property will have been disclosed to Vacay Rental Management prior to any Reservations. In the event an adverse actions are taken by a Guest or a Third Party Platform such that Manager’s own profile or a profile controlled by Manager) suffers penalties or adverse effects including Manager’s profile becoming ‘delisted’, ‘suspended’, or more permanently, removed or banned from a Third Party Platform, then Owner shall be liable to Manager for $5,000 for each day such impact is sustained by Manager.

11. Management Fee. Unless otherwise agreed to by the Parties, the Manager shall be entitled to the percentage agreed upon by the Parties, of the Accommodation Rate (also known as the Nightly Rate multiplied by the number of nights reserved) and does not include a percentage of any other fees charged to the Guest. Manager shall provide to Owner at time of onboarding whether by email or in the form of a proposal, but in writing, the management fee percentage. For any services rendered other than those set out in this Agreement, the Manager may be compensated as noted above. Manager is required to provide Owner with the Monthly Statement reflecting all income and expenses incurred for managing, maintaining, purchases and performing labor (a fee commonly labeled under “Concierge & Restocking”), and maintenance, for the benefit of Owner, Guests or the Property. Additional fees that Manager shall be entitled to without disbursement or sharing with Owner, include but are not limited to fees charged to a Guest for early access or late checkout to the Property (“Convenience Fee”), the right to bring a pet and receive additional cleaning following a pet stay (“Pet Deposit” and “Pet Fee”), a fee for listing the Property on a booking Platform, including site under its own control (“Site Listing Fee”), a fee for the processing of credit cards (“Credit Card Fee”), a fee for the purchase of insurance and/or security deposit, a Resort fee, the Cleaning Fees, a Transient Occupancy Tax charged to a traveler that is not sent by Manager to the City unless Owner has registered his Property with the City/Municipality and has engaged Vacay Rental Management to remit such Tax on Owner’s behalf, (together the “Booking Fees”), a fee or mark up on top of any repairs, maintenance, cleaning, or other hourly work done by third party, independent contractor parties in which Manager either coordinated, engaged, oversaw, paid on Owners behalf or advised, or counseled Owner’.

11.1. In the event of damage to a Property or the items in the Property, Manager shall determine whether such damage and any compensation Manager receives shall be paid to Owner or to Manager depending on if the compensation is for repairs and or time spent rehabilitating damages caused, or replacement items. Manager shall use its best efforts to not exceed $300 when purchasing supplies for the Property or to benefit a Guest or Owner, but Owner understands and agrees that in some circumstances and in an effort to either maintain a reservation and/or receive a positive review for Owner's Property or maintain the wellbeing of Owner’s Property, Manager may exceed the stated amount. Vacay Rental Management shall be entitled to its Management Fee for the procurement of any Reservation that benefits an Owner including Reservations made directly between the Guest and Manager, or the Guest and Owner (if that Guest initially booked Owner’s Property due to Vacay Rental Management’s efforts or if Vacay Rental Management undertook any efforts to earn that Reservation for Owner), or the Guest and a third party service that benefits Owner (if that Guest initially booked Owner’s Property due to Vacay Rental Management ‘s efforts).

12. Monthly Payments. Manager will make best efforts to ensure Owner receives from Manager by the seventh day of each month a payment for the Reservations of the prior month (the Owner Payout). In the event of holidays or weekends, payments may be delayed and Manager is not in breach of this Agreement in such instances.

13. Prior and Following Month Reservations. In the event that a Reservation begins on or after the 27th day of any month, or likewise extends past the 5th day of the following month, then Vacay Rental Management shall reserve the right to determine whether to apply said payment to the current month or elect to treat that payment as received in the following month and such decision is under the entire sole and exclusive determination of Vacay Rental Management.

14. Cancelled Reservations. When a Reservation is cancelled by a Guest, and a full or partial penalty applies such that Vacay Rental Management will receive either the entire or a portion of the original Gross Income, Vacay Rental Management shall reserve the right to suspend the payment of Owner's portion for a fair and reasonable period, including beyond the set Monthly Payment as noted above. Such reasons include but are not limited to the Booking Platform in which the Reservation was made opting to refund all or part of the cancellation to the Guest, or the Guest has initiated action against Vacay Rental Management to receive those monies back or the Guest has initiated an action with their credit card merchant such that a chargeback or similar action places the funds in a hold or is pulled back from a Vacay Rental Management account. In some instances Manager may withhold the cancelled reservation payout permanently when those same nights are rebooked by a Guest and/or when Manager determines it has expended significant time and energy on procuring the booking.

14.1. In the event a Monthly Payment has been made to Owner and a Reservation later cancelled that was included in that Payment, and said Cancelled Reservation resulted in a refund to Guest, then Owner shall refund to Vacay Rental Management the equivalent amount within 3 business days of notice in writing by Vacay Rental Management .

14.2. In the event a Cancelled Reservation results in a Guest never occupying the Property at any time, Vacay Rental Management reserves the right to hold back any amount from a cancellation payout it receives for all efforts taken in notifying and preparing the Guest after the cancellation, and to compensate Vacay Rental Management for its time and resources in winning the Reservation initially as well as its work in unwinding and relisting the affected Property.

14.3. In the event a Cancellation Reservation results in another booking occupying some of or all of the same dates as the Cancelled Reservation, then Vacay Rental Management reserves the right to refund some or all of the Guest Payout from the Cancelled Reservation and/or may hold back those same funds as outlined in 3.1.3b

14.4. In the event a Reservation is cancelled on a Listing Site in which a Cancellation Policy is adopted by Vacay Rental Management and such cancellation results in no refund or partial refund to the Guest, then it shall be at the sole discretion of Vacay Rental Management whether to offer to the traveler/Guest any additional refund and or offer credit for a future stay.

14.5. Vacay Rental Management shall at all times retain control and exclusive decision making determination as to what cancellation policy each and every Property shall operate under on any Listing Site.

15. W-9. Under the laws of The United States and the Federal Internal Revenue Service, an Owner is required to provide to Vacay Rental Management a signed, W9 form in which Vacay Rental Management will generate and return to Owner a filled 1099 for rental income received. Additional year-end tax information that Vacay Rental Management provide shall include all expenses and costs incurred in the management of the Property. Vacay Rental Management reserves the right to withhold an Owner Monthly Payment in the event a W-9 is not furnished to Vacay Rental Management .

16. Banking. All reservation activity shall be paid first to Vacay Rental Management from Vacay Rental Management to Owner. In the event Owner has a pre-existing listing on a website, Vacay Rental Management shall revise the receiving bank of payout funds (the "Payout Bank") such that the account of record shall be Vacay Rental Management’s client dedicated bank account. Upon receipt, Vacay Rental Management will payout to Owner's account in accordance with the Unit Intake document.

17. Relationship of Parties. It is understood by the parties that Manager is an independent contractor with respect to the relationship between the Parties, and not an employee of the Owner. Owner will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Manager. Additionally, Owner agrees and understands that Manager may hire from time to time other parties, such as third party vendors to service Owner’s Property, including but not limited to cleaners, maintenance professionals, handymen, electrician, and plumbers (together, “Third Party Vendors”). Owner further understands and agrees that Manager or its agents, employs, delegates or authorized representatives may receive a benefit for hiring such Third Party Vendor, financial or otherwise, and/or likewise those persons or entities, may have a vested financial interest in one or more such Third Party Vendors. Owner further understands and agrees, that any acts or inactions, whether negligent, willful, or fraudulent by a Third Party Vendor, even when such Third Party Vendor was discovered, and/or retained by Manager, that results in injury or loss to Owner, and results in Owner pursuing reimbursement remedies at law, and/or payment of any remedies against a Third Party Vendor, shall be estopped from naming or including Manager, in any legal action for the same. Such retainment of a Third Party Vendor by Manager shall be for such purposes as including but not limited to enhance, improve, remediate, repair or replace, make safe or habitable, and/or in order to keep or maintain an existing reservation, issues reported to or learned by Manager, via a Guest, Third Party Vendor, or Owner or other such person as having knowledge of the Property. Manager is under no duty to perform such work and is not in breach of this Agreement if Manager elects to not perform.

18. Warranty & Exclusivity

18.1. Manager shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Manager’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Vacay Rental Management on similar projects. Manager shall not be in breach of this Agreement nor liable for any losses or potential losses, due to any actions or inactions taken by an Online Booking Platform that results in Owner’s Property not being displayed or advertised for rent. Additionally Manager shall not be liable to Owner for any lack of bookings for any reason, whether because of negligent or intentional actions or inactions of Manager.

19. Exclusivity. Owner hereby appoints Manager as its exclusive manager of the Property with exclusive right to market, advertise, book or otherwise transact the Property on a short term and vacation rental basis. Such exclusivity shall only last for as long as this Agreement is in full force and effect. Shall Owner appoint another party or manager during the term of this Agreement (the “New Property Manager”) and without first terminating Manager, or receiving Manager’s written, expressed approval, as a property manager or with the same rights as Manager to advertise, market, and book the Property, then this Agreement shall become null and void, all outstanding fees owed to Manager for any current or future reservations shall become due within 15 business days of the election of the New Property Manager. Violation of this provision shall entitle Manager to a $1,000 fee to cover cost to Vacay Rental Management of ensuring against double-bookings, (beyond Section "Early Termination"), all remedies as outlined in Reservation Cancellation shall Manager elect to cancel reservations, Section "Early Termination" (if the election of New Property Manager shall occur within 90 days, the Section titled “Remedies” shall continue to apply.

20. Owner Usage. Owner has the right to use the property during the term of this agreement contingent upon the condition that Owner shall reserve the dates in advance. To ensure Guest privacy, Owner agrees not to enter the property or to permit any other person to enter the property without reserving the property or checking and receiving authorization with Manager prior to entry, while there are Guests at the Property. Such usage shall be limited to purposes of repair and inspection. Owner shall exercise this right of access in a reasonable manner with reasonable notice to Manager. Any use by Owner or Owner’s Guest at Owner’s own recommendation, referral or ‘marketing’ shall not constitute a violation of Section "Exclusivity".

21. Term. A termination of this Agreement by Owner may only be effectuated by submission of this form and no other notice shall suffice or have effect.

21.1. This Agreement may be terminated by Host or Owner at any time after the Period from which Manager and Owner agreed the Service term would last (the “Probationary Period”) with or without cause provided at least 30 days prior written notice is delivered by the terminating party to the other party. Any Reservations in existence and not yet commenced (the “Future Reservations”) shall be at the sole decision by Manager to manage. Manager shall have the right but not the duty to remove the Online Listing(s) and take no further Reservations thereafter. Shall Owner elect to cause those Future Reservations to be cancelled or shall Manager elect not to manage the Future Reservations, then the Reservation Cancellation clause(s) shall apply to each and every affected Reservation. Shall Owner wish to cancel services with Manager, then a formal notice must be given and must include a completed and signed copy of the form found in Appendix 6 to the Agreement. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person, by electronic mail (“email”) to info@vacayrentalmanagement.com , or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

21.2. This Agreement may be terminated by Manager at any time with or without cause including if such cancellation results in any in-progress or Future Reservations to be cancelled, otherwise negatively affected, or disturbed. Such action by Manager may be based in Manager’s sole discretion if Manager believes or has reason to believe that with regards to either the health, safety, security, privacy, or habitability, or reputation of Manager, and such is at the risk to any or all of the Guest, Guests of Guest, Owner, leaseholder, invitees, licensees, the Property itself, or Manager or Manager’s founders, directors, officers, employees and agents.

21.3. Manager shall have the right to terminate this Agreement, and any in progress Reservations may be cancelled, altered or relocated shall Manager's decision be based on a good faith belief that Host or Owner, or agents, employs, delegates or authorized representatives of Host or Owner has engaged in conduct that is in violation of laws or regulations, is illegal, exposes Manager to liability or damages, or is harmful to Manager's reputation or goodwill. No notice or right to cure period shall exist in such an instance. Shall Manager or Guest be subject to any direct or indirect costs due to such conduct, then Owner shall be liable in full, and Manager shall have the right to hold back any monies due Owner to satisfy such costs.

21.4. In the event Manager or Owner effectuates a termination of this Agreement, then Manager shall have all rights of access to the Property up to 72hrs. following the notice of termination or the last reservation, whichever is later in time in which to verify the status and condition of the home, collect any property belonging to Manager and returning keys to a central location in the home. Any restriction of this right by Owner, written or otherwise, shall act as a full and complete indemnification and hold harmless of Manager and its agents, employs, designees and others under its control for any causes of action or rights to reimbursement by Owner. In the event of cancellation of services, Manager shall be relieved of all responsibilities relating to and regarding the Property, its marketing, advertising and any financial responsibilities unless required by law, including but not limited to any actions involving the application of, renewal of, filing of a licenses, permits, tax or other similar documentation of the Property and/or its ability to transact as a rental property.

21.5. Manager reserves the right to cancel, alter or relocate at cost solely to be burdened by Manager, and at no penalty or cost to Host or Owner, any future Reservations. Shall any such future Reservation in fact be relocated, including to another Property managed by Manager, then Owner shall not be entitled to any portion of the Reservation or Total Gross Income (as defined below) or Management Fee.

21.6. Unless otherwise agreed upon by the Parties, in the event Manager elects to list Owner’s property on a Subscription based website (homeaway.com, VRBO.com, e.g.) and such Subscription Plan is paid by Manager (the “Subscription Amount”), and shall this Agreement be terminated prior to a one year term in which at least the greater of 10 months or 300 days is available for Manager to secure Reservation for the Property, Manager shall be reimbursed its full cost of the Subscription Amount. Additional early-termination fees may apply.

22. Reservation Acceptance Time Frame. After the Probationary Period and without notification of cancellation by either Party, Manager is authorized by Owner to accept Reservations for a period of up to 1 year in advance of any within the term of this Agreement, unless otherwise stipulated in communications between Owner or Manager.

23. Early Termination. Shall Owner elect to terminate Manager within the first 60 days from the Effective Date, for reasons other than gross negligence or wanton, willful disregard for Owner’s property or Guests by Manager, then Owner shall pay to Manager a termination fee of $2,000 to cover such costs including but not limited to as positioning the property, arranging professional photography, optimizing the Listing, providing sound and experienced advice and counsel as to the disposition of the Property and generally performing those initial and start up tasks to best position Owner’s Property. Any actual Reservations in progress or confirmed but not yet commenced, may be cancelled at Manager’s election and the gross booking total as paid by Guest shall be compensated by Owner to Manager. Manager reserves the rights to make attempts to place Guests at another Property and Owner shall not be entitled to any proceeds of that arrangement. Likewise, Manager may elect to NOT cancel reservations already in existence in which instance Owner agrees to allow those reservations to continue and Manager shall be compensated in full. Should Manager be forced to cancel reservations already in existence due to Owner's early termination, then the Reservation Cancellation provision(s) shall apply herein. To the extent any of the above fees are deemed to be liquidated damages, Vacay Rental Management and Owner agree the amount stated is reasonable under the circumstances existing at the time of the execution of this Agreement.

23.1. For the purposes of this section the parties agree that the Property could have been rented on an average of 21 days per month for the remainder of the 60 days but for owner’s early termination.

23.2. Any violation causing payment of the Early Termination fees shall be payable immediately within 72 hrs. of the breach or early termination notification.

23.3. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.

23.4. Prior to effectuating any cancellation or termination of services as it relates to future existing bookings, Owner shall email the Vacay Rental Management to confirm if any future existing bookings with an email to info@vacayrentalmanagement.com . Owner shall not rely on an email notification of a booking or lack thereof to determine if proper notice was given as to any future reservations. Instead the above method shall determine and control whether a future existing reservation exists.

23.5. Upon termination of Vacay Rental Management services under this Agreement, Owner shall assume the obligations of any contracts or outstanding bills entered into on Owner's behalf under this Agreement. Vacay Rental Management withhold funds necessary for the payment of bills previously incurred but not yet invoiced for up to sixty (60) days after the termination of this Agreement. Vacay Rental Management have sixty (60) days after the termination Date to close owners account.

24. Default. The occurrence of any of the following shall constitute a material default under this Contract:

24.1. The failure to make a required payment when due when done intentionally or fraudulently

24.2. The insolvency or bankruptcy of either party.

24.3. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

24.4. The failure to make available or deliver the Services in the time and manner provided for in this Contract when done intentionally or fraudulently to injure the other Party

25. Remedies. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement. None of this Section shall apply to Termination of Manager by Owner.

25.1. The Remedy for a breach of this Agreement shall be limited to the outstanding monies due to either party, with distinct exception for the following Section ("Confidentiality") herein.

26. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority (but not taxes, permitting, or registration requirements for short term rental), or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. The failure to ensure compliance with 2.5 (Regulatory Compliance) and 2.6 ("HOA"), does not fall within the meaning of this Section.

27. Confidentiality. Vacay Rental Management, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Vacay Rental Management , or divulge, disclose, or communicate in any manner, any information that is proprietary to Owner. Vacay Rental Management and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Owner, and his employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of himself, or divulge, disclose, or communicate in any manner, any information that is proprietary to Vacay Rental Management. Owner and his employees, agents, and representatives and all others privy to information regarding Vacay Rental Management will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Owner will return to Vacay Rental Management all records, notes, documentation, hardware, and other items that were used, created, or controlled by Owner during the term of this Agreement.

28. Third Party Platform, also known as Booking Sites (or “Listing Sites”). Vacay Rental Management shall not be responsible for the privacy policies and practices of other Third Party Platforms that it may rely on for booking Guests. Vacay Rental Management shall not be held liable or responsible for Guests’ behavior and actions or non-actions whether reckless, negligent, grossly negligent, intentional or fraudulent. Such Third Party Platforms such as but not limited to airbnb.com, vrbo.com, homeaway.com, craigslist.com, tripadvisor.com, flipkey.com, booking.com, vacayrentalmanagement.com are channels in which prospective and actual Guests locate your property. Vacay Rental Management may take further steps to verify and authenticate a prospective Guest. Vacay Rental Management may also elect to book a Guest without further investigation or background check. Should a Guest cause damage, or cause a City or association violation or infraction, misdemeanor or felonious, or otherwise cause hardship to you or the Property, including but not limited to physical damage, theft, or non-departure from the property at the time of the posted booking departure time, Vacay Rental Management shall not be held liable.

28.1. Manager shall only opt (at its election) for a paid subscription booking site when Client has agreed to at least a term of 1 year. Shall Manager elect to pay for the Property to be listed on an Online Listing Site (including but not limited to Homeaway.com, VRBO.com) then reimbursement to Manager shall be as follows:

28.2. When applicable for VRBO.com or Homeaway.com, the following shall be followed; Manager will pay the up-front Subscription Fee for VRBO.com and Homeaway.com bundle (the "Subscription Plan"). Manager at his election may opt for the Annual Subscription. The prices of which may adjust over time. The receipt of which will be emailed to Owner. Manager shall not be entitled to a fee above the cost of reimbursement. Manager shall be reimbursed for its costs of the purchase of the Subscription Plan (not including its management fee which shall be treated separately) out of the First Confirmed Reservation but under no circumstances should the payment come from any reservation NOT booked under the Subscription plan. Manager may elect to forego full reimbursement from the First Confirmed Reservation and may opt instead to amortize reimbursement over the number of reservations at his election. When Manager has been reimbursed for the Subscription Plan, Manager shall not be entitled to any amount beyond its Management Fee. Manager may at its own discretion opt to list the Property on a Subscription site and forego the Subscription Fee instead opting for a Pay-Per-Booking. Such action shall be the sole and exclusive choice of Manager and be based on various factors and knowledge that Manager possesses without direction of Owner.

29. House Rules. You agree to the rules and restrictions placed on the Property or the Guest by Vacay Rental Management (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms.

30. Indemnification. Owner agrees to defend and indemnify and hold harmless Vacay Rental Management its Manager, its founders, directors, officers, employees, subcontractors, and agents (each a “Vacay Rental Management Indemnified Person”), from and against any and all damages, losses, claims (whether on account of settlement or otherwise, and whether or not the Vacay Rental Management Indemnified Person is a party to any action or proceeding that gives rise to any indemnification obligation), actions, suits, demands, judgments, liabilities (including penalties), obligations, disbursements of any kind or nature and related costs and expenses (including reasonable attorneys’ fees and disbursements) awarded against or incurred by any Vacay Rental Management Indemnified Person arising out of or as a result of (i) any representation or warranty made by Owner or a Guest hereunder having been untrue or incorrect in any material respect when made, (ii) any breach by Owner or a Guest of any of its obligations hereunder or (iii) any unlawful act or omission of Owner or a Guest in performing this Agreement; provided that Owner shall not be liable to the extent any liability results from Vacay Rental Management ‘s fraud.

31. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE VACAY RENTAL MANAGEMENTSERVICE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “VACAY RENTAL MANAGEMENT PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE VACAY RENTAL MANAGEMENT SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED. THE VACAY RENTAL MANAGEMENT SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

VACAY RENTAL MANAGEMENT RESERVES ITS RIGHT TO CLAIM AND ADOPT THE LANGUAGE UTILIZED ON AIRBNB.COM UNDER TERMS OF SERVICES AND/OR PAYMENT TERMS FOR ANY SITUATION INVOLVING A RESERVATION ORIGINATED ON AIRBNB.COM IN SUCH A MANNER THAT VACAY RENTAL MANAGEMENTMAY INVOKE THE SAME PROTECTIONS AND DEFINITIONS AS UTILIZED BY AIRBNB.

32. Liability Limitations.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF VACAY RENTAL MANAGEMENT SERVICES REMAINS WITH YOU. WE AND THE VACAY RENTAL MANAGEMENT PARTIES ARE NOT LIABLE FOR THE REAL PROPERTY OR PERSONAL PROPERTY DAMAGE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, GUESTS, VISITORS OF GUESTS, OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, THE VACAY RENTAL MANAGEMENTPARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR VACAY RENTAL MANAGEMENTSERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR VACAY RENTAL MANAGEMENT SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE, ELSEWHERE OR NEW ORLEANS APARTMENT MANAGEMENT AND MARKETING, LLC.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE VACAY RENTAL MANAGEMENT PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE VACAY RENTAL MANAGEMENT SITE, OR ANY ONLINE LISTING SITE INCLUDING BUT NOT LIMITED TO AIRBNB.COM, VRBO.COM, HOMEAWAY.COM, FLIPKEY.COM, VACAYRENTALMANAGEMENT.COM, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, PROPERTY DESCRIPTIONS OR LACK OF DESCRIPTIONS AS TO HEALTH, SAFETY, DANGEROUS WEAPONS, DANGEROUS ANIMALS, RECORDING DEVICES, BUILDING CODES, FIRE & SAFETY CODES, LOCAL, STATE OR FEDERAL COMPLIANCE REQUIREMENTS OF THE PROPERTY OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE VACAY RENTAL MANAGEMENT PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE VACAY RENTAL MANAGEMENT PARTIES TO YOU OR ANY HOST, OR OWNER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE OR VACAY RENTAL MANAGEMENT SERVICE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

33. Non-Disparagement. Each and every Party to this Agreement agrees not to disparage or defame the other in any respect or to make any derogatory comments, whether written or oral regarding any other Party.

34. Good Client. You agree to act at all times in a reasonable and professional manner, with regards to communication and treatment of the Vacay Rental Management staff, contractors, vendors and any Vacay Rental Management procured Guests in your Property. Vacay Rental Management maintains its rights under the Termination clause noted above. Vacay Rental Management reserves its right at any time to terminate a Client for failing to adhere to these provisions and any reservations in existence or in the future, already have being confirmed shall proceed accordingly. Any forced cancellation by Owner of some or all of those reservations shall trigger the Reservation Cancellation clause(s) above.

35. Notice. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person, by electronic mail (“email”) to info@vacayrentalmanagement.com , or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

36. Notification. Owner will notify Vacay Rental Management of any change in address, telephone number and/or email address within 24 hours of any such change. Owner will notify Vacay Rental Management in writing within 24 hours of listing the Property should the Property be listed for sale. Owner agrees to list and sell the Property subject to the terms of this Agreement and subject to all Reservations existing at the time of sale.

37. Collection and Litigation Efforts. If Vacay Rental Management shall undertake efforts in which it expends its own resources or capital in an effort to be made whole or in part for a cancelled reservation or reservation that otherwise resulted in a deduction or non-payment to Vacay Rental Management by a Third Party Platform and if Vacay Rental Management shall succeed in a partial or full recovery of any such funds, then Vacay Rental Management shall be the designated recipient and beneficiary of said funds.

38. Entire Agreement. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

39. Amendment. This Agreement may be modified or amended in writing, at any time by Vacay Rental Management and such modification or amendment shall be limited to this document and notice shall be given at time of modification or amendment. Owner and Host shall have the right to review and agree to the modification before acceptance.

40. Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

41. Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

42. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Louisiana.

43. Dispute Resolution.

43.1. Jurisdiction. Any disputes between Owner and Manager shall be settled in Orleans Parish, Louisiana and in accordance with Louisiana state law.

43.2. Mediation. Owner and Manager agree to mediate any dispute or claim arising between them out of this Agreement before resorting to arbitration or court action. Mediation fees shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action. Exclusions from this mediation agreement are set forth in paragraph v, below.

43.3. Arbitration. Owner and manager agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 10 years of business law experience, unless the parties mutually agree to select a different arbitrator. The parties shall have the right to discovery in accordance with the Louisiana Code of Civil Procedure. Judgment upon the award of the arbitrator may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are set forth in paragraph v, below.

43.4. Attorney Fees. In the event either party must engage in any effort, civil proceeding or other activity that arises out of, relates to or is connected with this Agreement, or the rights or obligations of any party hereunder, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, to include expert fees and costs, incurred or sustained by such prevailing party in connection with those efforts.

43.5. Exclusions. Any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court are excluded from the requirement to mediate and arbitrate. The filing of a court action to enable an order of attachment, receivership, injunctive relief, or other provisional remedy, shall not constitute a waiver or violation of the mediation and arbitration provisions.

44. Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by Owner, but may be freely transferred, assigned, or delegated by Vacay Rental Management.

45. Termination. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.

46. Exclusion and Limitation of Liability. In no event will Vacay Rental Management liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if Vacay Rental Management has been informed in advance of the possibility of such damages. In no event will the Vacay Rental Management ‘s aggregate liability to you in connection with this Agreement exceed the aggregate amount of the management fees earned by Vacay Rental Management in accordance with this Agreement.

47. Exclusion. Vacay Rental Management reserves the right, at its sole discretion, to modify the above at any time by posting an update on this page. By continuing to access the Vacay Rental Management Vacay Rental Management website, utilize the Vacay Rental Management Service, continue to allow Vacay Rental Management to actively list and/or solicit your Property for rent, or otherwise operate without notification of termination of its services, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Vacay Rental Management Vacay Rental Management to terminate your participation with Vacay Rental Management.

47.1. This agreement shall not be construed against the party or its representative who drafted this agreement, or any portion hereof.

47.2. The order in which the paragraphs appear in this agreement has no significance whatsoever.

47.3. The User agrees no attorney client relationship exists between the parties currently and no attorney client relationship between the parties has ever existed.

47.4. Terms herein may be changed periodically and you agree and acknowledge that these terms are subject to change and remain enforceable as such, that you will utilize the online link to this webpage to review these terms, and that these terms and conditions in effect at the time of the Service shall be those on the website at the time of such Service.

47.5. The information provided on the Vacay Rental Management website(s) and in this Agreement do not, and is not intended to, constitute legal advice to you. Readers of this website and Users who agree to these terms should contact their attorney to obtain advice with respect to any particular legal matter. No reader, User, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, Vacay Rental Management or the Vacay Rental Management Service or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, User, or browser and website authors, contributors, founders of the company, or its employs, assigns, delegates, vendors and contractors.

47.6. You understand that no particular result, compensation, earnings or performance is, or can be, guaranteed or promised by Manager in rendering Services requested by you for any particular matter. Manager undertakes only to render Services requested by you and accepted by Us. It is understood that you are not relying on Manager for business, investment, legal, or accounting decisions or to investigate the character or credit of persons with whom we may be associating with, contracting with, identifying for potential rental or engaging with actually for rental.

APPENDIX 1 “RESPONSIBILITIES OF VACAY RENTAL MANAGEMENT”

Manager is responsible for the duties laid out below to the extent described for each. From time-to-time Manager may perform additional services free-of-charge or for an additional fee as agreed upon with Owner ahead of time. Manager may self-perform all, some, or none of the duties below and may employ a third party to perform all, some, or none. Manager is under no obligation to provide information on the identity or number of third parties, including contact information. Likewise, Manager may utilize one or more technology platforms, software, or other services in the performance of the duties below. Manager is under no obligation to divulge the names of these platforms, software, or services, nor to grant or share access to them with Owner.

1. Positioning. List (unless the property is on Owner's own profile), describe, market, advertise and take all steps to properly place and position the Property in an advantageous position to ascertain exposure, views, and marketability including Online Listing Websites (“Online Listing” or “Listing” or “Listings”) and/or Vacay Rental Management’s own website. This also includes the ability for Vacay Rental Management to set Instant Book on any/all listings sites in which the Property is listed. Vacay Rental Management shall have full authority and discretion to market and update listings, and may, but is not obligated to, take Owner requests regarding listing content into consideration. Vacay Rental Management shall be entitled to its Management Fee for the procurement of any Reservation that benefits an Owner including Reservations made directly between the Guest and Vacay Rental Management, or the Guest and Owner (if that Guest initially booked Owner’s Property due to Vacay Rental Management’s efforts or if Vacay Rental Management undertook any efforts to earn that Reservation for Owner), or the Guest and a third party service that benefits Owner (if that Guest initially booked Owner’s Property due to Vacay Rental Management’s efforts). The Management Fee due to Vacay Rental Management in such situations shall be calculated at the same percentage of the Management Fee as other Reservations covering the same range of time (including but not limited to 1-29 days, 30-59 days, or 60 days or longer, if various Management Fees apply).

2. Permitting. Manager may offer assist Owner in compiling and filing relevant documents in order to procure an Short Term Rental Owner permit with the appropriate City authority. If Manager explicitly agrees to take on the responsibility, they may charge a fee to Owner of $250 plus the fee charged by the City for the permit. Unless Manager has explicitly agreed to procure the permit on behalf of the Owner, the responsibility for obtaining and maintaining the proper permit for the Accommodation remains with the Owner.

3. Photography. Owner and Company agree that Company will arrange, purchase, or otherwise oversee the professional photography for Owner’s Property (the “Photography”). The Company shall be deemed the holder of copyright for all photography arranged by Company and shall have all rights and decision making if and when such Photography shall be released to Owner as well as and any creative control over the Photography including editing of photos, ordering and numbering and whether to include and/or exclude any photos (the “Creative Control”) to be used in an online listing. Emailing of Photography to Owner shall not constitute license or permission for use of Photography in any other format. In the event Owner has procured their own professional photography and shared with Company, then none of the above section shall apply as it pertains to ownership of the Photography but language granting Company the Creative Control shall remain. Any unauthorized use by Owner of Photography arranged by Manager in which Manager incurred any costs to a Photographer for procurement of the Photography shall be paid to Manager the greater of an amount of four times (4x) what Manager paid or $2,000. Manager shall have license to use Photography at its discretion for any purpose, including marketing on its own website whether the Owner continues to employ Manager’s Services or not.

4. No Declined Bookings. The ability to accept or decline bookings shall rest exclusively with Vacay Rental Management.

5. Listing Optimization. Optimize Online Listing to ensure that the Listing is up to date with all relevant information needed to maintain in good standing and attract Guests on its own and any other Online Listing as determined by Manager.

6. New Guest Activity. Handle all incoming correspondence for inquiries, and follow up with Guests for upcoming, pending and in-progress reservations (each successful booking a “Reservation”). Manager shall use its best efforts to respond to all incoming inquiries in a timely manner.

7. Guest Management. Manager shall have full authorization and decision-making as to which Guests to accept and not to accept and the criteria to be used or depended on as determined solely by Manager. Manager may utilize an Instant Booking setting such that any Reservation be confirmed without any further review by Vacay Rental Management. All such bookings are deemed to fall under Vacay Rental Management’s exclusive discretion and shall be honored by Owner.

8. Guest Removal. In the event Owner, Host, or Manager learns that during a Guest Reservation a violation of either the House Rules, or civil or criminal actions have been reported to Owner, Host or Manager (the "Infraction Period"), then Manager shall use its best efforts to determine the appropriate course of action, whether by warning to Guest, termination of the reservation, loss or threatening of loss of a security deposit, and the reporting of said violation(s) to a governing authority. Manager shall have no duty to go to the Property during such an Infraction Period due to safety and security concerns. At the conclusion of the Guest Reservation, Manager shall use its best efforts to ensure the Property has not suffered damage and if necessary, prepare a statement outlining and security deposit claim if need be for any such damage or missing items. Manager shall have no duty to perform any legal recourse on behalf of Owner or Host.

9. Cleaning. Arrange cleaning and laundry services prior to Guest check in, ensure all cleaning has been done prior to Guest check in. Make cleaning arrangements with Vacay Rental Management own staff or approved contractors that Manager deems as suitable for the Property.

10. Cleaning Costs. Cleaning costs that will be charged to Guest and deducted from Owner’s distribution on a per Reservation basis. Owner understands and agrees that Manager may not know in advance of a cleaning the cost of such cleaning. Additionally Owner acknowledges and agrees that Manager may charge a higher price to a Guest then what is paid to a cleaner and likewise that Manager may report to Owner the charge of the cleaning as the same amount paid by the Guest, thus resulting in any discrepancy to Manager's benefit.

11. Supplies and Restocking. Costs for supplies will be deducted from the Owner’s distribution monthly. Supplies in this case are consumables that are used by Guests, Managers, or Cleaners in the operation of the Accommodation. Examples include, but are not limited to: soap, shampoo, conditioner, lotion, dish detergent, and paper goods such as toilet paper and tissues.

12. Utilities. Owner will be responsible for the cost of all monthly utilities at the Accommodation. Owner may elect to allow Manager to manage payment of bills. If Owner makes this election, the utilities will remain in Owner’s name, and Owner will turn over usernames, account numbers, passwords, and PINs associated with all relevant accounts. Upon termination of this agreement and Manager’s Services, Manager will return control of utilities to Owner – along with any bills received but not yet paid - and will have no further responsibility for any future bills.

13. Check In and Check Out. It shall be the sole responsibility of Manager to arrange and make arrangements for Guest check in and check out. Manager may use its best efforts and generally accepted best practices as noted below for how it determines to best check in and check out a Guest.

14. Check In Best Efforts. Manager shall use its best efforts to ensure Guest has successfully checked in and gotten settled into the Property. Management shall allow Guest to check in remotely by way of key code access. Manager shall use best efforts to confirm the Guest has arrived to the Property.

15. Welcome Package. At its election, Management may opt to provide a welcome package (the “Welcome Package”) consisting of one or combination of the following, wine, juice, coffee, toilet paper, shampoo, conditioner, body wash, coffee, lip balm, deck of playing cards, suntan lotion, dessert, games, personal essentials/toiletries, or items of a similar nature for Guests prior to check in). The cost of the aforementioned not to exceed a maximum of $25 per/reservation without Owner approval.

16. Owner Communication. Maintain communication with Owner to ensure highest level of service.

17. Online Site Management. Manager shall oversee the Online Listing sites including all calendaring and pricing to ensure the highest rates possible for the available periods without approval from Owner prior to any changes, whether if such listing is on Owner's profile or Manager's profile. Manager shall have full authority and discretion to choose approved Guests, set rates which may adjust from time to time higher or lower based on season, comparable homes and prices and other factors known to Manager. In the event Owner has his own Listing Site or grants access to an Online Listing Site to Manager, then Owner will not unreasonably withhold any information needed to modify the Listing including any passwords needed to access the Online Listing Site or make changes to the Listing Site(s).

18. Guest Verification. Manager shall use its best efforts to screen Guests based on worthiness based upon available online and offline verification methodologies known by Manager, or provided by such Online Listing Sites and standards as well as Manager’s own market experience. Manager shall make such approval decisions without pre-approval by Owner before accepting a Reservation. If a Reservation is made within an Online Listing site such as but not limited to Airbnb.com, VRBO.com, Homeaway.com, or Flipkey.com, Manager shall not require a separate rental agreement and all such rental terms shall be maintained within the terms and conditions of the Online Listing Site. Additionally, Manager shall not be required to ascertain the personal contact information of any Guest and instead may rely on the contact information made available to Manager by an Online Listing Site. Additional Guests, beyond the Guest booking the home (the "Primary Guest"), likewise are not required to provide a separate rental agreement to Manager, contact information or any identifying information.

19. Guest Communication. Manager shall be responsible for all Guest communication, including: providing Guest with Booking Summary upon creation of any booking, ensuring Guest is aware of and accepts House Rules prior to commencement of Guest Stay, and typical correspondence with Guest to provide suggestions, answer questions, and address any issues that may arise with the Booking or Accommodation.

20. On-site Management. Manager shall be responsible for any in-person interaction required during Guest Stay. Such interaction may include dropping off additional supplies, responding to neighbor complaints, surveying reported issues, or any other reason. At no time shall Owner access the Accommodation during a Guest Stay without the express permission of the Manager.

21. Rental Rates. In combination with its own market experience Vacay Rental Management utilizes a sophisticated rate optimization system that has proven to be the most effective way to maximize vacation rental revenue. The required option under this Agreement for setting rates and minimum stay requirements is to allow Manager to set the rates and minimum stays based on demand.

22. Monthly Remittance, Reporting and Booking Notifications.

22.1. Monthly Reporting. Manager shall send to Owner a report or description detailing all confirmed Reservation activity (the “Monthly Statement”), with an explanation of payments received and expenses incurred by Manager including the Management Fee. Management Fees are set at the amount agreed upon by the Parties. Payment to be remitted to Owner using Manager’s best efforts but with a goal of electronically net seven business (7) days (the “Distribution Period”) of month end for payments received in month prior. Owner shall receive all accommodation income charged to Guest less the Booking fees which include but are not limited to, maintenance, cleaning, credit card processing, Site Listing fees, Restocking Costs, Hourly Work, transient occupancy taxes not sent to the City by Manager but may be added to the Accommodation Rate, Pet Fees and Pet Deposits, Convenience Fees, Welcome Package, Cancellation Fees, Management Fee (together the “Booking Fees”) and any other fee commensurate with vacation rental property management as determined by Vacay Rental Management (“Owners Payout”). Some fees received by Manager from a Guest may not be revealed by Manager and thus unknown to Owner. In such instances Owner agrees it has no rights to such Payments so long as at no time was such fee the Accommodation fee whether made at the time of booking or later through an alteration in which the booking was shortened, or extended.

22.1.1. In the event a Payment is not received by Vacay Rental Management from a Third Party Platform (the “Payout” or “Third Party Platform Payout” or “Booking Site Payout”) then Vacay Rental Management shall be relieved of its duty to fund that amount or portion of an Owner Payout to Owner until the Booking Site Payout is received by Vacay Rental Management .

22.2. Distribution Period. In the event a Reservation is on-going during the Distribution Period, Manager shall have the right to retain funds until the completion of the Reservation.

22.3. Cancellations & Chargebacks. Shall a reservation that is confirmed by Vacay Rental Management VACAY RENTAL MANAGEMENT and reported to owner/host, and later that same reservation is canceled or otherwise a guest is refunded, credited, or initiates a chargeback, before, during or after their stay and Vacay Rental Management VACAY RENTAL MANAGEMENT has not yet paid the Owner's payout amount, then Vacay Rental Management shall not be responsible for making such a payment until the matter is resolved. In the event Vacay Rental Management has already paid Owner and the reservation is retroactively canceled and the guest is refunded or a chargeback ensues, then Vacay Rental Management shall likewise be reimbursed or credited for any such payments within 7 business days of its written request to Owner for reimbursement. Any payments due to Vacay Rental Management not received within 7 days shall result in a 1% increase per day for each day later thereafter. Shall Vacay Rental Management elect to dispute the refund, credit, and/or chargeback and is successful in receiving back those funds, then Vacay Rental Management shall re-distribute the funds accordingly.

22.4. Booking Notifications. Manager shall use its best efforts to report in a timely manner the notification of any new Reservation by email or any other method such that Owner is aware a Reservation has occurred, the dates of such Reservation check in and check out, and the associated financials including the income and expenses associated with the Reservation. Access to an online booking calendar shall satisfy the requirements of this provision.

23. Reviews. Manager shall oversee all Guest and Manager reviews (a “Review”) where applicable, on any and all Online Listing sites. Manager may notify Owner when a Review is by placed by Guest and made aware to Manager. Manager will use its best efforts in ascertaining Reviews of the Property and its Management Services from Guest at time of check out and thereafter. Manager reserves the right in certain instances to not actively solicit a review based on certain factors that Manager may deem to be negative to the Property. Owner shall not review a Guest without Manager’s consent.

24. Updating the Online Listing. Manager shall retain the sole right to update any Online Listing including all contact information for Manager, information regarding the Property, amenities and other notable features, as well as Payout information for Manager’s receiving bank account. There shall be no restriction on the information that may be updated, included, amended, or otherwise provided by Vacay Rental Management as to the Property Online or offline.

25. Manager’s use of the Property. Under no circumstance except as noted below shall Manager, its employs, assigns, delegates, agents, heirs, executors, administrators, successors in interest, officers, directors, shareholders, attorneys, insurers use the Property for its own benefit, or enjoyment. Such use of the Property shall be limited to preparing the home for Owner or Guest’s and be limited to cleaning, restocking, addressing neighbor or local issues, repairs as necessary or at the direction of Owner, to review a Property following termination by Owner or Manager of this Agreement, for periodic checks of the Property, or for any reason determined by Manager to effectuate its responsibilities herein

26. Repairs. Manager is authorized, in the name and at the expense of the Owner, to make or cause to be made all ordinary repairs and alterations to the Property as may be necessary. Owner is responsible for the cost of all repairs, maintenance and replacement of furnishings, fixtures and equipment necessary to maintain the Property in a satisfactory condition for rental occupancy. The expense to be incurred for a single item of repair or alteration may not exceed $1000, unless specifically authorized by Owner, except under such circumstances as Manager may deem an emergency, either affecting the rental condition of the Property or to protect the Property from additional damage or destruction or to prevent a cancellation and/or refund to an affected guest during or after their stay. Manager may place the Property in an “out-of-order” status for any cause materially affecting the quality or safety of a Guest’s stay. In no event will Manager be liable for damages to the Property or for any losses accrued by Owner due to the Property being placed in an “out-of-order” status. Owner maintains full responsibility for all physical and financial matters pertaining to the ownership of the Property whether it is rented or not. Manager has the right and shall not be in breach of any clause of this Agreement if Owner fails to repair or maintain the home such that Manager or Guest are actually or potentially harmed, injured or would otherwise have their stay at the Property negatively impacted as determined solely in Manager’s discretion.

27. Unit Set Up. Vacay Rental Management shall procure and install such equipment it deems necessary to facilitate the orderly functioning of the Accommodation and to enhance the Guest experience. Equipment may include, but is not limited to: Exterior camera(s), Doorbell, thermostat, wireless keypad entry, carbon monoxide and smoke detector, streaming television devices, wireless plug ins, routers, modems, together ("Vacay Rental Management Technology Products"). Additionally, Vacay Rental Management may from time to time purchase additional goods needed to property outfit the Accommodation for occupancy by Guests. Additional goods may include, but are not limited to: towels, linens, cooking staples, cooking utensils, fixtures, and decorations. You understand that by your acceptance of this Agreement you give Vacay Rental Management full authority and discretion to select and purchase such items. Documentation of expenses related to said purchasing will be provided to you with your regular monthly reports of income and expense. Unless you (the Owner) and Vacay Rental Management expressly agree otherwise, Vacay Rental Management is under no obligation to seek prior approval for any purchases, and you are responsible for all costs incurred.

27.1. Any technology products purchased by Vacay Rental Management installed in a Property shall be the property of Vacay Rental Management including but not limited to: Exterior camera(s), Doorbell, thermostat, wireless keypad entry, carbon monoxide and smoke detector, streaming television devices, wireless plug ins, routers, modems, together ("Vacay Rental Management Technology Products"). All such products shall be returned to Vacay Rental Management within 7 business days of the termination or stoppage of services between the Parties. Shall Owner's utilize the Property for any period longer than 60 days or cause Vacay Rental Management to not list or market the home, even if Owner's are not in residence, Vacay Rental Management retains the right to enter the Property to remove any Vacay Rental Management Technology Product.

APPENDIX 2 INCOME AND EXPENSES

1. Income. The fees Owner shall assume Manager will be charging to the Guest (“Gross Income”) shall include but are not limited to:

1.1. “Nightly Rate” the nightly rate (multiplied by number of nights)

1.2. “Cleaning Fee” the cost of cleaning the Property post-Guest-stay

1.3. “TOT” (Transient Occupancy Tax) when applicable.

1.4. All of which shall equal when totaled together the Total Gross Income. In addition, there are other fees charged to Guest which are not a basis for Manager's management fee, nor payable to Owner and in fact may be paid to a third party, to Manager itself (the “Booking Fees”) or back to Guest.

1.5. *Pet Deposit may become payable to an owner if/when damage occurs to the Property due to the Pet. In the event Manager either causes repairs, replacements or additional work by Management staff including not limited to extra or deep cleaning, to be made, then such Pet Deposit shall be paid to Manager for reimbursement of labor and materials and not to Owner.

2. Expenses. The fees Owner shall expect to have withheld from the gross fee (“Total Payout”) shall include but are not limited to:

2.1. Cleaning Fee (when applicable).

2.2. Damage Protection Policy (when applicable). Paid to independent insurer, CSA, or another insurer at Manager's election.

2.3. Refund of Security Deposit. Returned to Guest except when withheld as noted below.

2.4. Refund of Pet Fee and Pet Deposit (when applicable), back to Guest except when withheld as noted above and below.

2.5. Management Fee. To be calculated on the nightly rate charged to Guest.

2.6. Site Listing Fee for those Listing Sites that charge a Listing fee (e.g., Airbnb.com charges 3% of the Gross Payout for its Site Listing Fee, VRBO.com may charge 10%-15%, and reservations booked through vacayrentalmanagement.com, or similarly situated sites may have processing fees (in some instances 6%-12%) charged to the traveler and retained by Vacay Rental Management for the benefit of running its online site, marketing and advertising properties, processing transactions, providing 24/7 support amongst other traveler/Guest and Host/Owner and Property benefits. Such fees may change from time to time and without notice to Manager or Owner as determined by the Listing Site and/or based on the Reservation details itself as elected by the Guest.

2.7. Credit Card Transaction Fee; for a Guest opting to book a Reservation with a credit cards, such amount is payable in whole to the Credit Card Merchant

2.8. Owner hereby agrees that in some situations, some Listing Sites are not able to require Guest to pay certain fees and that such fees may still be the responsibility of Owner (e.g. the TOT). Likewise, some Reservations may be a single lump sum fee charged to Guest in which normal, customary expenses may still be deducted prior to Owner’s payout (e.g., the cleaning).

2.9. When TOT is not charged/collected/paid to a municipality by a Booking Platform and Vacay Rental Management does not manage the reporting of TOT on your behalf, then you agree that Vacay Rental Management will charge a nightly rate to a Guest that includes the TOT. Thus any TOT that should be remitted to a municipality is i) your responsibility and not Vacay Rental Management’s , ii) that any fines, fees, damages, costs, loss of ability to operate shall be at your sole risk and iii) Vacay Rental Management may but is not obligated to share with you the TOT should you elect to remit calculation amount and lastly iv) Vacay Rental Management is not responsible for the accuracy of its reporting or calculations and Owner relieves Vacay Rental Management any duty to calculate the appropriate amount of transient occupancy tax.

2.10. Deductions. Owner acknowledges and agrees that Manager may cause to be deducted from any Owner Payout and paid to Manager any amounts owed to Manager by Owner under this Agreement.

APPENDIX 3 - RESPONSIBILITIES AND ACKNOWLEDGMENTS OF OWNER

1. Services. Owner will furnish at Owner’s expense utilities including but not limited to gas, electric, sewer, water, , trash removal, and pest or termite control as needed. Owner authorizes Manager to arrange for firewood, snow removal, yard care, hot tub and pool service, and general repairs and maintenance on Owner’s behalf on an as needed basis. Owner authorizes Manager to arrange for internet service on Owner’s behalf. Owner will be responsible for all expenses associated with these services. In the event Manager deems it necessary for either of the safety, security of a Guest, or the habitability of a Property, then Manager may undertake such repairs as is necessary to provide a Property that meets such safety standards for lodging and commercial use purposes. Such maintenance and repairs may include but are not limited to ensuring doors, windows, roofs, furniture, pools, hot tubs, gas, electrical, plumbing, and fire safety measures. In such instances, Manager may in its sole discretion spend an unlimited amount and such charges shall be the entire responsibility of Owner.

2. Furnishings. Owner will furnish the Property with suitable equipment, appliances, furniture, and furnishings necessary for rental occupancy. Alternatively, Manager will purchase said furnishings on behalf of Owner at Owner’s expense. Owner may be provided with a list of all required items; any items not provided will be purchased for the Property at Owner’s expense.

3. Repairs. Owner is responsible for the cost of all repairs, maintenance and replacement of furnishings, fixtures and equipment necessary to maintain the Property in a satisfactory condition for rental occupancy. Manager is authorized, in the name and at the expense of the Owner, to make or cause to be made all ordinary repairs and alterations to the Property as may be necessary. The expense to be incurred for a single item of repair or alteration may not exceed $1,000, unless specifically authorized by Owner, except under such circumstances as Manager may deem an emergency, either affecting the rental condition of the Property or to protect the Property from additional damage or destruction or to prevent a cancellation and/or refund to an affected guest during or after their stay. Manager may place the Property in an “out-of-order” status for any cause materially affecting the quality or safety of a Guest’s stay. In no event will Manager be liable for damages to the Property or for any losses accrued by Owner due to the Property being placed in an “out-of-order” status. Owner maintains full responsibility for all physical and financial matters pertaining to the ownership of the Property whether it is rented or not. Manager has the right and shall not be in breach of any clause of this Agreement if Owner fails to repair or maintain the home such that Manager or Guest are actually or potentially harmed, injured or would otherwise have their stay at the Property negatively impacted as determined solely in Manager’s discretion.

3.1. Owner agrees the home(s) being provided to Manager and utilized by Guest(s)/Tenant(s) is and includes and will at all times during the Agreement, a safe living environment, and it meets all applicable building codes and regulations for safety and security. Any failure by Owner to provide or maintain the Property in a safe and habitable condition that results in any actual injury to a Guest/Tenant, or invitees or licensees of Guest/Tenant, or Manager, or Managers founders, directors, officers, employees, agents, assigns, or delegees, agents, heirs, executors, administrators, successors in interest, officers, directors, shareholders, attorneys, insurers, and such injury/ies lead to financial harm or loss or physical damage to any Person or Property, the costs of which shall be entirely the responsibility of Owner and not Manager. Such examples include but are not limited to; Effective waterproofing and weather protection of roof and exterior walls, Well-maintained plumbing and gas facilities compliant with law in effect at the time of installation and during the rental period in which the home(s) is managed by Manager, Water supply compliant with applicable law that is capable of producing hot and cold running water, Well-maintained heating facilities compliant with applicable law at the time of installation, Well-maintained electrical lighting compliant with applicable law at the time of installation, Building, grounds, and appurtenances kept sanitary and free from debris and vermin at the time of rent or lease, Sufficient number of receptacles for garbage, Well-maintained floors, stairways, and railings, a lock on each main swinging entry door (to be provided by Manager), Window security or locking devices for windows capable of being opened. Manager shall not be responsible for seeing to it that the aforementioned conditions are met at the time of onboarding and prior to the leasing of the Property nor during the Agreement period, nor that any of the items above meet local, city, county, state or federal guidelines as per building code or safety requirements for dwellings.

4. Home Safety. Owner agrees that the Property or Properties has or will have during the term of this Agreement:

4.1. at least (1) smoke detector in each sleeping area and on each level of the Property prior to accepting a reservation with Vacay Rental Management.

4.2. at least (1) carbon monoxide (CO) alarm on each level and for levels with bedroom(s), then there is or will be a carbon monoxide (CO) alarm in the hallway near any sleeping areas.

4.3. had its heating systems, including chimneys and vents, inspected and serviced within the past 12 months, and Owner agrees to future annual inspections to check for blockages, corrosion, partial and complete disconnections at a cost to Owner of inspection and any related repairs.

4.4. that Vacay Rental Management has full rights to repair, replace, deliver/install any smoke detector(s) or carbon monoxide detector(s), at a cost to Owner for parts and labor, without Owner’s prior approval.

4.5. that Vacay Rental Management may deactivate or suspend Owner’s online listing(s) or that a Booking Platform may do the same, for any reported safety alert, whether true or accurate or not, in the event of a notice of such occurrences including but not limited to a smell of gas, a gas leak, smell of smoke, or any related occurrences that may impact the safety and wellbeing of a Guest, visitor, Vacay Rental Management staff, vendor, or related parties.

5. Refunds and Credits. In the event Manager, acting within his right under this Agreement, deems a refund or credit should be given to a Guest for issues that cause discomfort or discouragement, such as maintenance, repairs or degradation of use and enjoyment of the Property, then Manager may do so without impact to Manager’s fee. Such refund and credit shall come from Owner’s Payout.

6. Guest Information. Owner agrees that all information concerning Guests occupying the Property, specifically including without limitation names, addresses and credit card data, is the sole and exclusive property of Manager.

7. Insurance. Owner will maintain a commercial general liability insurance policy in a minimum amount of $1,000,000 that specifies “New Orleans Apartment Management and Marketing, LLC” as an additional insured. Owner agrees that its insurance policies are primary for all occurrences and incidents which happen in or about the Property and authorizes Manager to provide copies of the certificate to third parties upon reasonable demand. In the event that the Property becomes unavailable due to a natural disaster, major repair or other reason, Manager will be entitled to the Management Fee for any insurance claims by Owner that lead to recovery of rental income on displaced reservations.

When adding New Orleans Apartment Management and Marketing, LLC to your policy, please use this name and address:

New Orleans Apartment Management and Marketing, LLC

DBA VACAY RENTAL MANAGEMENT

2100 Oretha Castle Haley Blvd.

New Orleans, LA 70113

7.1. Owner shall be responsible for ensuring that the insurance policy they obtain covers Owner and Property (and additional insureds) for either, both, or at least short term and/or long term bookings. It shall be the sole responsibility of Owner to determine with Owner’s insurance carrier what length of stays the policy/ies cover such that any / all bookings confirmed by Manager are covered. Owner should note that long term leases (say over 6 months), may require separate coverage than a short term policy which may only cover 1 night - 90 nights. Manager makes no warranty or testimony as to insurance and thus Owner agrees to all responsibilities having to do with acquiring, and maintaining all policies for all rental periods at Owners Property.

8. Telephone and Television Services. Owner is advised to “lock” long distance telephone services to prevent excess long distance charges. Owner is also advised to lock all television service add-ons such as pay-per-view. Manager is not responsible for any communication service charges including but not limited to long distance charges and pay-per-view charges.

9. Warranty. Owner hereby warrants that he has all legal rights to the Property and the right to appoint Manager to oversee and manage the Property.

10. Tenant Evictions. In the rare event a Reservation results in a non-payment of rent (or other violation of the Agreement between the Guest and Manager), and such action or inaction by the Guest results in Manager or Owner effectuating steps to evict the Guest, then the costs of such action shall be split between Manager and Owner in the same percentage as Managers fee on such Reservation. Therefore by way of example, if Manager earned a 15% Management fee during the underlying Reservation, then Manager shall cover 15% of the costs of the eviction up to $3,500. Thereafter, all fees and costs are 100% the responsibility of Owner. Such fees and costs include and are limited to, court costs and attorney fees. The above shall not apply to costs related to turnover, property cleanup costs, repair costs, or lost rent. Additionally, all costs above are offset by any amount used from the Security Deposit.

10.1. The Security Deposit shall first be used to pay Owner for missed rents and shall first be used to pay Owner for missed rents and then property damage, property repairs, missing property.

Disclosures & Acknowledgements of Owner Host

1. You understand that some times of the year, your Property will receive little to no booking activity.

2. You understand that some reservations may be as few as (2) nights.

3. You understand that some reservations may be more than (30) nights thus qualifying any non-departing guest a tenant and requiring traditional landlord tenant treatment to have the guest removed, including an unlawful detainer action that shall be the sole responsibility of yourself to facilitate the guest’s removal, financially and otherwise. This shall include but is not limited to all costs including lawyer/legal, court filing, service and process. You agree that Vacay Rental Management no responsibilities or liabilities associated with such an action including but not limited to related costs, lost rents, costs of damage, wear and tear, utilities as well as unforeseen costs.

4. You understand that prior to your first booking, Vacay Property Management may elect to have your property professionally cleaned and then a follow up cleaning after the initial guest’s departure.

5. You understand that if you reserve your own home that you may be responsible for having it professionally cleaned after your own use prior to Vacay Property Management Guest Bookings.

6. You understand that prices may fluctuate for a booking based on time of year, length of stay, number of persons, as well as other factors that Vacay Property Management may elect to rely on.

7. You understand that there is wear and tear on the real property and personal property of the home and that Vacay Property Management will take all precautions to prevent and identify the responsible guest for such wear and tear, but at no time shall Vacay Property Management be liable for any such wear and tear.

8. You further understand that you may discover such use and abuse and will need to replace household items as well as make repairs accordingly and that Vacay Property Management shall not be responsible in such instances.

9. You understand and authorize Vacay Property Management to use its professional judgement and expertise in setting the base price and minimum price for your home. You understand that these prices may fluctuate daily based on seasonality, special events, day of the week, length of stay and other factors known to only Vacay Property Management and subjective to them.

APPENDIX 4: OWNER BOOKING NOTIFICATIONS

1. Owner shall notify Manager of desired dates in which Property is sought to be booked/reserved and likewise unblocked (in the event of a previous blocked date range) (a "Owner Booking Notification") by emailing Vacay Rental Management at ownerbookings@vacayrentalmanagement.com. Vacay Rental Management shall update its own proprietary calendar or on any Listing Site the system by the end of the next business day after receiving the email notification from Owner.

2. In the unlikely but still possible scenario in which an Owner Block is submitted and a new guest reservation is made or an existing guest reservation is amended to cover some or all of the Owner Block dates, then the Owner Block should take effect but only after 24hrs from the time in which new guest reservation is made or an existing guest reservation is amended. Therefore the new booking and or amended booking that comes in after the owner block but within the 24hr period shall take effect. Any forced cancelation will trigger the cancellation clauses herein. Please note however, The 24hr period may be shortened if Vacay Rental Management Owner in writing that his/her block has been accepted and confirmed.

3. For owner blocks, Manager shall confirm such dates are available and not showing as “booked”, “reserved” or “tentative” in its own proprietary calendar or on any Listing Site.

3.1. First In Time. Shall Manager confirm a Guest Reservation prior to confirming Owner's Booking Notification (and not merely Owner's announcement of the booking request) and the dates of each overlap or cause a conflict, then the Guest Reservation shall take precedence and Owner's request shall be null and void.

4. For owner blocks, upon successful confirmation of availability, Manager shall cause all Listing Site calendars to be blocked for Owner’s use (whether for himself or Owner’s Guest). Owner shall never have the obligation to pay for his own use of the Property.

5. Any other method for blocking or unblocking a calendar except as noted above (Appendix 4, Section 1) shall not be recognized by Vacay Rental Management whether if by phone, letter, email, direct message, or text directly to any Vacay Rental team member and as such, any Reservations that are not realized (due to a calendar not being properly unblocked) or likewise any Reservations received (due to a calendar not being blocked) shall not be a violation of this Agreement by Vacay Rental Management and any bookings shall be honored by Owner.

6. Cleaning. Manager shall be responsible for arranging and managing and overseeing professional cleaning after such use of Owner or Owner’s Guests. Owner shall pay Manager’s fee for cleaning and restocking the same as for any other guest. For any cleaner or other worker hired, retained, engaged, arranged or managed by Owner to clean, repair, and or attend to the Property in any capacity Owner agrees to defend and indemnify and hold harmless Vacay Rental Management its Manager, its founders, directors, officers, employees, subcontractors, and agents (each a “ Vacay Rental Management Indemnified Person”), from and against any and all damages, losses, claims (whether on account of settlement or otherwise, and whether or not the Vacay Rental Management Person is a party to any action or proceeding that gives rise to any indemnification obligation), actions, suits, demands, judgments, liabilities (including penalties), obligations, disbursements of any kind or nature and related costs and expenses (including reasonable attorneys’ fees and disbursements) awarded against or incurred by any Vacay Rental Management Indemnified Person arising out of or as a result of (i) any representation or warranty made by Cleaner having been untrue or incorrect in any material respect when made, (ii) any breach by worker of any of its obligations to perform the service,) (iii) any unlawful act or omission of worker, and (iv) any act or omission of an act that results in any damage, injury, loss, or claim to any person.

7. Owner shall ascertain and deliver to Manager whether Manager shall perform all or some of its Services for Owner’s Guest’s. In the event some or all of Manager’s services are to be performed, then Owner shall provide to Manager the name, phone, email for at least one of Owner’s Guests.

8. Managers fee for its Services for an Owner’s Guest Reservation shall be limited to 15% of the Total Payout if Owner is compensated for the stay unless the Parties have agreed to an alternative amount .

9. Further, it shall be the sole responsibility of Owner to arrange the restocking and cleaning of the Property prior to the next Reservation confirmed by Manager.

10. In the event Owner’s Guest’s actually or constructively interferes with a Reservation previously confirmed by Manager such that Manager will be caused to cancel a Reservation, then Section ("Reservation Cancellation") shall apply. In the event the Property is not ready for a Reservation confirmed by Manager due to Owner not informing Manager as outlined above or Owner having not taken steps to prepare the Property, then Manager may either at its election and only in good faith, act in accordance with Section ("Reservation Cancellation") or take reasonable measures to prepare the Property himself, the cost of which may deviate from the normal course of expenses typically incurred but not to exceed $500 for a cleaning. Manager may be entitled to Hourly Work fees for any work undertaken to prepare the Property in such a situation.

11. Pre-Existing Reservations. Any reservation for the Property, prior to Manager’s acceptance of this Agreement, shall be a) communicated to Manager (including dates of arrival and departure of Guests) b) handled by Owner or its representatives c) upon departure of the Guest, leave the Property in such condition that shall Manager confirm a reservation, that those arriving Guests arrive to a rental ready Property and shall any issues arise for Manager’s Guests resulting in refunds or credits, such refunds or credits shall be covered by Owner.

APPENDIX 5: GUEST SERVICES AGREEMENT AND HOUSE RULES

(which may be updated from time to time and/or not provided depending on platform in which the Property is listed. In either case not providing these or not providing these as outlined herein shall not be a breach of this Agreement by Manager).

The below House Rules are a condition of the Property rental by Guest prior to Guest's booking of the Property.

They may be found updated time to time at www.vacayrentalmanagement.com in which case these terms take effect over the terms outlined below. Additionally, in some instances the House Rules may not be read, understood, or enforced if a Reservation takes place on a Third Party Booking Platform (Airbnb.com, VRBO.com, eg).

Owner approves these rules by acceptance of the Terms and Conditions of this Agreement. Owner acknowledges such terms may be altered at any time by Vacay Rental Management consent or approval by Owner. Owner acknowledges that Vacay Rental Management may from time to time rely on the posted terms and conditions of a listing site and that such terms and conditions shall operate in place of the House Rules below at the sole discretion of Vacay Rental Management and without the consent or approval by Owner.

House Rules - (For Properties with Pools/Hot Tubs or outdoor structures including children/play structures, we include the following notice, "Please note the waiver of liability for guest use of the Hot Tub and Outdoor Slide/Structure (where applicable).

Guest Services Agreement

This Agreement is entered into between you (the “Guest”, “you”, “your”, “occupants”) and New Orleans Apartment Marketing and Management, LLC DBA “Vacay Rental Management”, a Louisiana corporation (“Vacay Rental Management”, “we”, “us”, “our”, or “Manager”). This Agreement sets forth certain rules that you must follow in connection with your booking of a Vacay Rental Management managed home (“Accommodation”) the act of such reservation being a “Booking” or “Reservation” from us, as well as a Host or Rightsholder to the Property (“Owner” or “Host”, together the “Host”), the acts of which, the booking of an accommodation as well as use of a Vacay Rental Management property are the “VACAY RENTAL MANAGEMENT SERVICES”. This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.

This Agreement shall take effect when a Reservation is made through any online booking platform (each a “Third Party Platform”) including but not limited to www.airbnb.com, www.vrbo.com, www.homeaway.com, www.vacayrentalmanagement.com, www.flipkey.com, www.tripadvisor.com, www.booking.com or the making of an online payment via a web portal (Paypal, Venmo, CashApp) or via direct deposit, wire transfer or check any of which are used to secure an Vacay Rental Management Accommodation.

You acknowledge and agree that by using Vacay Rental Management in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by these terms herein as well as the relevant sections of the Vacay Rental Management's Terms of Service (the “Terms of Use”), as published and updated from time to time at https://www.vacayrentalmanagement.com/terms-of-use into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

Guest acknowledges and agrees that the Host, Vacay Rental Management and/or Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our House Rules here in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host, Vacay Rental Management or a Third Party Platform and these Guest Services Agreement and House Rules, the House Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

1. Booking Summary.

1.1. You have received a Booking Summary as a result of your Booking of an Accommodation from a Vacay Rental Management and Host that uses the Site. The Host is also subject to the terms of use found here at https://www.vacayrentalmanagement.com/terms-of-use, which is part of the Vacay Rental Management Terms.

1.2. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period (“Booking Period”) set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.

1.3. Vacay Rental Management is not an agent of you, the Guest.

1.4. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.

1.5. You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Vacay Rental Management (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.

1.6. The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access”, noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the House Rules or any other agreement between you and the Host or Vacay Rental Management.

1.7. Vacay Rental Management has the right to immediately terminate the Rental Agreement and evict the occupants upon: (1) a violation of the rental agreement, including terms of use as outlined herein to which you agree to when booking this property or (2) a violation, as determined by the local police or Sheriff’s department or City Code Compliance Division personnel (or similar governing body that oversees such disputes in the given municipality).

2. Booking and Cancellation.

2.1. The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking (“Confirmation of Booking”). Neither Vacay Rental Management or the Host is obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.

2.2. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply. If you cancel 30 days or more before the commencement of the Booking Period you may be, but are not obligated to receive a full refund. If you cancel a booking less than 7 days prior to commencement of the Booking Period then you may be responsible for as much as 100% of the full accommodation fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

2.3. For Reservations on Airbnb.com, VRBO.com, VacayRentalManagement.com, or any other online third party platform, the applicable cancellation policy may be denoted on the listing itself, and/or in the booking summary before you confirm your reservation and/or after confirmation of a booking on your booking details summary page. Each existence of the policy shall determine the outcome of a cancellation or request for cancellation.

2.4. If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

2.5. In extenuating circumstances the Host or Vacay Rental Management has the right but not the obligation to approve a full refund.

2.6. The Host or Vacay Rental Management has the right to cancel a booking at any time. Under the circumstance that the host cancels your reservation you may contact Vacay Rental Management to see if they can assist, however neither Vacay Rental Management nor the Host is responsible for arranging for suitable alternative accommodations during the Booking Period. In the event Vacay Rental Management offers but is unable to assist in finding suitable alternative accommodations during the Booking Period, Vacay Rental Management may attempt to assist you in obtaining a full refund. Vacay Rental Management shall have no responsibility or liability as a result of a cancellation of any booking.

2.7. It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you to comply with the House Rules including any failure to allow Vacay Rental Management to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).

2.8. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Vacay Rental Management will be liable to you for any further amounts in respect of the cancellation of the Booking.

3. Chargeback. Any chargeback initiated by you or the person who has booked the Accommodation shall be deemed unlawful and a breach of this Rental Agreement and result in a total loss of security deposit. In the event of any alleged breach of this Agreement by Manager or for any issue involving the home or unit causing an impact to Occupant’s stay, Occupant shall have no right to initiate a chargeback. Any and all disputes as between the parties shall be adjudicated in a legal manner as outlined below in the Section “Waiver of Jury Trial”.

4. Eviction. The Host or Vacay Rental Management has the right to immediately terminate the Rental Agreement and evict the occupants upon: (1) a violation of the rental agreement, including terms of use as outlined either here or https://www.vacayrentalmanagement.com/terms-of-use to which you agree to when booking this property or (2) or, a violation, as determined by the local police or Sheriff’s department or City Code Compliance Division personnel, (3) or, in the event that Host, Manager or an agent of either determines in its sole discretion that either the real property, personal property or well-being of the community including but not limited to neighbors, are at risk or have been compromised, destroyed, or otherwise affected negatively as defined and determined by Owner, Manager or an agent of either.

5. Fees and Charges.

5.1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Vacay Rental Management as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.

5.2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Vacay Rental Management are included.

5.3. By accepting these terms you agree to pay the Accommodation Fees in full and the Host, Vacay Rental Management or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Vacay Rental Management to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Vacay Rental Management may also charge you fees for certain services provided by Vacay Rental Management as agreed by you under this Agreement.

5.4. Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Vacay Rental Management or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

5.5. In addition to the fees and charges for the Accommodation, all applicable governmental authorities’ taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Vacay Rental Management is not responsible for any taxes as a result of any Accommodation.

6. Credit Card Authorization.

6.1. When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

7. Check-In / Check-Out.

7.1. The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be charged $50 for every 30 minute period you stay past the check-out time. If you overstay by more than 2 hours then Host reserves the right to enter, or cause Vacay Rental Management or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Vacay Rental Management , including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed. We do this because our home and our staff requires the full block of time to properly survey, clean and prepare the home before and after each guest. We also do this as our liability policy does not cover times on site outside the language of our policy, unless we give authorization.

8. Safety and Conduct.

8.1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which may be provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Vacay Rental Management and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.

8.2. If you become aware of anything during your stay which you believe is a health & safety risk, you must inform Vacay Rental Management immediately. The Host and Vacay Rental Management will have access to the Accommodation at all times during your stay to address any such issues.

8.3. You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Vacay Rental Management.

8.4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host nor Vacay Rental Management will allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.

8.5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.

8.6. In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:

8.6.1. keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;

8.6.2. not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);

8.6.3. not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;

8.6.4. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;

8.6.5. not leave any obstruction outside of the Accommodation;

8.6.6. not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

8.6.7. not conduct any illegal activity from the Accommodation;

8.6.8. not conduct any business or commercial activity whatsoever from the Accommodation;

8.6.9. not make any alteration or addition whatsoever to the Accommodation or its contents;

8.6.10. not use the Accommodation for any purpose other than for personal accommodation; and

8.6.11. not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).

8.7. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape, locked, or otherwise not made available for a Guest. You may be subject to a charge for any breach of any such restricted area.

8.8. You hereby indemnify the Host and Vacay Rental Management in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement. In the event of breach, your membership in Vacay Rental Management may be terminated in accordance with the Terms and this Agreement.

9. Residential Property Loss Prevention. You agree to undertake all below precautions to protect the building, structures and lives on site. Such shall include locking doors at night, to procuring trip and damage insurance for your stay. Additionally you agree to the following actions:

9.1. Water Damage.

9.1.1. Maintain the washing machine, fridge, water heater, air conditioner, and major appliances. Inspect them during your stay to check there are no kinks, cracks, or damage to the drain lines or water hoses.

9.1.2. Check around sinks and toilets for leaks that worsen during your stay. These issues can lead to costly damages, including mold repair and rotten flooring for which you may be responsible.

9.2. Fire Damage.

9.2.1. Maintain all cooking appliances and ensure you have a fire extinguisher in the kitchen before undertaking cooking with heat either gas or flame.

9.2.2. Avoid overloading the electrical outlets and extension cords.

9.2.3. Do not block a baseboard heater.

9.2.4. No open flame allowed in or around the property. This includes candles, fires in fireplaces, and fires in firepits. In the case that your accommodation does have operational fireplaces or firepits and the Host has given you permission to use them, instructions will be provided with the Booking Summary and in the Unit. Guest will be held fully liable in the event of any failure to comply with these instructions.

9.3. Property Damage.

9.3.1. Make sure to close the garage door at night and lock your car.

9.3.2. Notify Manager as to any dead or damaged trees that potentially put you in danger.

10. Property Damage.

10.1. A written or video inventory may be been taken prior to the commencement of your stay. You must notify Vacay Rental Management of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.

10.2. If you do not notify Vacay Rental Management of any such damage you will be fully responsible for such damage on a full replacement cost basis.

10.3. If you do declare any damage, then you are responsible for full replacement cost

10.4. You have authorized Vacay Rental Management to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Vacay Rental Management has obtained a pre-authorization for such charges as noted above.

11. Liability and Claims.

11.1. Any claims made by you under this agreement must be made initially through Vacay Rental Management and in accordance with the Terms. If you notify Vacay Rental Management within 14 days after making such a claim through Vacay Rental Management that, in your opinion, the dispute has not been satisfactorily resolved, then Vacay Rental Management is authorized to, but may not, provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.

11.2. Neither the Host nor Vacay Rental Management will have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host, including Vacay Rental Management). The limitation of liability in favor of Vacay Rental Management in the Terms applies hereto.

11.3. Subject to any exceptions set forth in applicable law, Vacay Rental Management’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Booking Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount.

11.4. The Accommodation is a private residence and neither Vacay Rental Management or Hosts are responsible for any accidents, injuries or illness including but not limited to contracting of a disease such as COVID-19, that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.

11.5. You agree to indemnify and hold Host and Vacay Rental Management harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, illness (including but not limited to contracting of a disease such as COVID-19), death or damages sustained by any person, or to the property of any person, including you or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury, contraction of illness, death or damage is caused by your negligent, willful or intentional act or omission, or by any such visitors or invitees.

11.6. If Host or Vacay Rental Management is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, you shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

12. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE AND VACAY RENTAL MANAGEMENT SERVICES IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, FOUNDERS, EXECUTIVES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS (COLLECTIVELY THE “VACAY RENTAL MANAGEMENT PARTIES”) WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

13. Liability Limitations.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE VACAY RENTAL MANAGEMENT PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, THE VACAY RENTAL MANAGEMENT PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR VACAY RENTAL MANAGEMENT SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE AND ALL SUCH SERVICES.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE VACAY RENTAL MANAGEMENT PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE,INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE VACAY RENTAL MANAGEMENT PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE VACAY RENTAL MANAGEMENT PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE OR THE VACAY RENTAL MANAGEMENT SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

14. Indemnity.

14.1. You agree to defend, indemnify, hold harmless VACAY RENTAL MANAGEMENT, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by you of these Terms.

15. Term and Termination.

15.1. This Agreement is effective from the first date you use the Site and Services. On receipt of an email by you to us cancelling your registration then we will use best efforts to terminate your registration within 30 days. VACAY RENTAL MANAGEMENT may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms.

15.2. You agree that VACAY RENTAL MANAGEMENT, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if VACAY RENTAL MANAGEMENT believes that you have violated or acted inconsistently with the spirit of these Terms. VACAY RENTAL MANAGEMENT may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Vacay Rental Management may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that Vacay Rental Management shall not be liable to you or any third party for any termination of your access to the Services.

16. General.

16.1. You agree that you have the power to enter into this agreement.

16.2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host or Vacay Rental Management against any amounts that that may be owed to you.

16.3. The Host or Vacay Rental Management will be entitled to assign or sub-contract their obligations under this Agreement.

16.4. Neither the Host or Vacay Rental Management will be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, endemic, pandemic, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.

16.5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise unless such other Agreements provide further, additional, or stricter protections of Vacay Rental Management or Host’s interests.

16.6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

17. Amendment. This Agreement may be modified or amended in writing, at any time by Vacay Rental Management and such modification or amendment shall be limited to this page and notice shall be given at time of modification or amendment by posting on this page such date of update.

18. Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

19. Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

20. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California.

21. Dispute Resolution.

21.1. Jurisdiction. Any disputes between you and Manager shall be venued in New Orleans, Louisiana, and according to Louisiana State Law.

21.2. Mediation. You and VACAY RENTAL MANAGEMENT agree to mediate any dispute or claim arising between them out of this Agreement before resorting to arbitration or court action. Mediation fees shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action. Exclusions from this mediation agreement are set forth in paragraph v, below.

21.3. Arbitration. You and VACAY RENTAL MANAGEMENT agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 10 years of business law experience, unless the parties mutually agree to select a different arbitrator. The parties shall have the right to discovery in accordance wit Article 1422 of the Louisiana Code of Civil Procedure. Judgment upon the award of the arbitrator may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are set forth in paragraph v, below.

21.4. Attorney Fees. In the event either party must engage in any effort, civil proceeding or other activity that arises out of, relates to or is connected with this Agreement, or the rights or obligations of any party hereunder, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, to include expert fees and costs, incurred or sustained by such prevailing party in connection with those efforts.

21.5. Exclusions. Any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court are excluded from the requirement to mediate and arbitrate. The filing of a court action to enable an order of attachment, receivership, injunctive relief, or other provisional remedy, shall not constitute a waiver or violation of the mediation and arbitration provisions.

22. Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Vacay Rental Management.

23. Termination. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.

24. Exclusion and Limitation of Liability. In no event will Vacay Rental Management be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if Vacay Rental Management has been informed in advance of the possibility of such damages. In no event will the Vacay Rental Management’s aggregate liability to you in connection with this Agreement exceed the aggregate amount of the fee Vacay Rental Management earned for your Reservation.

25. Exclusion. Vacay Rental Management reserves the right, at its sole discretion, to modify the above at any time by posting an update on this page. By continuing to access the Vacay Rental Management website, utilize the Vacay Rental Management service, continue your Reservation at an Vacay Rental Management Property for rent, or otherwise operate without notification of termination of its services, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Vacay Rental Management website and to terminate your participation with Vacay Rental Management and terminate your Reservation for which a fee may apply.

26. Insurance.

26.1. Vacation Rental Damage Protection. As a part of your stay, you are encouraged to purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, such policy may pay a maximum benefit up to the policy limit shown on the confirmation. Any damages that exceed the policy limit or not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of the policy limit. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy on the online website where such policy is purchased.

26.2. Vacation Rental Insurance. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection.

House Rules

Guest acknowledges and agree that the Host, Vacay Rental Management and/or Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our House Rules here in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host, Vacay Rental Management or a Third Party Platform and these House Rules and Services Agreement, the House Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

1. Our check-in and check-out times are 4:00 p.m. (check-in) and 11:00 a.m. (check-out), unless otherwise stated in the Booking Summary. For guests that stay past or arrive earlier than our posted times, we will deduct/charge $50 for every 30 minute period. If you overstay by more than 2 hours then Host reserves the right to enter, or cause Vacay Rental Management or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). We do this because our home and our staff requires the full block of time to properly survey, clean and prepare the home before and after each guest. We also do this as our liability policy does not cover times on site outside the language of our policy, unless we give authorization.

1.1. No additional overnight guests are permitted. Further information below on violation of this provision.

2. We have created a pleasant environment for our guests. Please treat the home and its contents kindly and gently and keep it clean:

2.1. Please do not move furniture.

2.2. Restrict food to kitchen and dining table(s) and outdoor dining table– We deduct for damages and stains.

2.3. Please remove shoes in the home.

2.4. Please keep luggage, dirty/sticky hands, juice boxes, sun block, crayons and other items that stain off furniture and beds.

2.5. Please do not roll luggage through the home.

2.6. Flush toilet paper only. Use waste basket for other items.

2.7. Only small amounts of table scraps can be put in garbage disposal.

2.8. Guests are responsible for charges for plumbing services to rectify clogs and dysfunctions due to improper or excessive disposal of items in toilets, sinks and garbage disposals. Please inform us upon arrival if you discover any problems and we will rectify immediately.

2.9. Please conserve energy and turn off the HVAC system(s) whenever you leave the home.

2.10. This is a non-smoking property, inside and out. Please respect a 20' off-the-property-rule. Any evidence of smoking will result in at a minimum $1,000 damage claim or loss of security deposit to cover deep cleaning and smoke removal.

2.11. Unless expressly agreed upon in the Booking Summary, we are not animal friendly at this time and as such pets are not allowed on the property. Any evidence of pets on property will result in at a minimum $1,000 damage claim or loss of security deposit to cover deep cleaning and stain/odor removal.

3. The City in which the Property you have booked may have a noise ordinance to ensure quiet enjoyment by all residents and may impose fines or misdemeanor charges for noncompliance. Please observe the following: a. 7am-10pm = no more than 60 decibels (average conversation) b. 10pm-7am = no more than 55 decibels (discussion without yelling).

4. A condition for the return of your security deposit (in the event we take one) is that there is no complaint of noise, misconduct or criminal activity in which a member of your party or your group is the subject of the complaint. We withhold repayment of security deposits for 10 business days to ensure all compliance.

5. No parties or events including but not limited to the stipulation that the persons allowed on the property at any time, be only those who were disclosed to Host at time of booking. Any additional guests, regardless of age, must have the express and prior written consent of Owners or Manager. Additional charges including loss of full security deposit, immediate termination of the agreement and eviction from the property may apply. Additionally no stop-by or stop-off or overnight guests other than the ones approved at time of booking (including any amount over the booking size) shall be permitted on property without express written authorization by Owner. Any evidence of an event or additional guests will result in at a minimum $2,500 damage claim or loss of security deposit to cover property inspection, liability analysis and coverage, deep cleaning and other property related items concerning use and safety inspection.

5.1. An event can be defined as any one of these types of gatherings that involve people beyond the number disclosed as staying at the property: gathering for a social / celebratory or business purpose, including but not limited to wedding or engagement, bachelor, bridal, baby naming, baby related, birthday, anniversary or other celebratory function (including cocktail party, brunch, shower, eg). This list is not inclusive, and others may be considered "events" as determined by us, and as such must have express written authorization from the host in addition to a separate fee and contract arrangement. Violation of this provision will result in total loss of security deposit and a potential legal claim as noted above due to the insurance and accident/damage liability. Immediate eviction from the property may result due to the subjection of owners, neighbors and the property to liability and safety issues.

6. New Orleans recycles plastic, paper, newspaper, metal containers (e.g., soda cans, aluminum pans, trays and wrap) and clean cardboard (no pizza boxes). Please deposit your recyclable items in the cans marked for recycling. Recycling pick-up occurs once weekly. Please place recycling bins on the curb on the evening before pick-up as indicated in your unit.

7. Trash pick-up occurs twice weekly. Please deposit your trash in the outside bins and place the bins on the curb on the evening before trash pick-up as indicated in your unit. On the day the trash has been picked up we kindly request as a condition of this reservation you to bring the cans back in.

8. When applicable, As a courtesy to other guests, please clean the outdoor grill and tools immediately after each use.

9. We have provided high quality bath towels and bed linens. Please do not clean or mop up spills with them. Do not remove them from the property. We will wash them when you leave, but if you choose to launder, please treat soil with Shout or other stain remover and wash white towels and linens separately from colored beach towels and personal items. No bleach! We deduct from security deposit for missing, damaged, stained or discolored towels and linens.

10. Please do not allow children to operate appliances. Note that outlets, cabinet doors, windows and other elements do not have child-safe/safety mechanisms.

11. No open flame allowed in or around the property. This includes candles, fires in fireplaces, and fires in firepits. In the case that your accommodation does have operational fireplaces or firepits and the Host has given you permission to use them, instructions will be provided with the Booking Summary and in the Unit.

12. Children under 21 years are not permitted on the property without direct adult supervision, either indoors or out. Guests who do not supervise their children at all times do so at their own risk and hold owners harmless.

13. We inspect the house upon each party's departure and before house cleaning occurs. If you discover that something is broken or is not working, please inform us right away so we can repair or replace the item for you and before the next guests arrive.

14. Before checking out, please ensure dishware, cookware, cups, glasses and utensils have been washed, dried and returned to the cupboards.

15. Upon your departure, please close and lock doors.

16. Noncompliance with any of the aforementioned rules may result in additional charges and/or application of security deposit to clean, repair or replace items, including time and effort of contractors, property owners and their staff.

17. In the unlikely event of the cancellation of this Agreement, whether with cause or without, we reserve the right to the return of the premises by you, to us, upon reasonable notice of 2 hours whereby the refusal of such by you may lead to civil and/or criminal liabilities including trespass. In the event such request is made (to vacate the premises) we will do so only in the event of a violation of our Rules or for the safety of others or the real or personal property, (including our neighbors) in or near the home, regardless if an agreement is in place with those persons. Should you refuse to vacate, then we may be forced to engage local safety and peace officer support. Any unused nights may be compensated back to you depending on the reason for the termination of the Agreement.

18. Our posted check in and check times are strict. We will often make accommodations for earlier arrivals (check in) and later check outs when it is convenient for us and our staff which is responsible for preparing the home. If we have provided you access to the home ahead of your arrival, your ability to enter the home will still remain set at the posted time and in no way will we permit early access without prior authorization by us. A violation of this clause will result in fine of $150 for each violation. If you require early check in or late check out we may accommodate for an additional fee.

Liability Waiver:

Waiver of Liability And Hold Harmless Agreement.

1. In consideration for receiving permission to rent, I hereby RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE the owner, their officers, agents, servants, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the releasees, or otherwise, while in, on or upon the premises where the use is being conducted.

2. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my participation in renting, whether caused by negligence of releasees or otherwise.

3. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family, spouse, and my guests. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Louisiana.

4. I accept this Liability Waiver incorporated in the House Rules, which I accepted when making this booking. I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and accept it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. Upon request by email, we will send you this Liability Waiver by email.

Hot Tub Waiver (for Properties with a Pool and/or Hot Tub):

Hot Tub: ONLY GUESTS declared with this booking MAY USE THE HOT TUB.

Please shower before use and do not put oils, lotions or any fragrance in the tub, as it will clog the filter and make the water dirty and cloudy. Please close lid when not in use. Please use only the towels designated for the use at the hot tub, and not the bath towels. Please do not add water to the tub. Please note that the hot tub is not a swimming pool or a babysitter. We strongly recommend that children under the age of ten not enter the hot tub. CHILDREN ARE NOT ALLOWED TO ENTER THE BACKYARD WITHOUT ADULT SUPERVISION. If children are allowed in hot tub, they must be monitored by an adult at all times. and we strongly encourage limiting their use to 20 minutes. Additionally, using the hot tub as a swimming pool causes water to splash out of the tub onto electrical components as well as decreasing the water in the tub. This causes costly damage to the tubs. Additionally, we reserve the right to add a $100 cleaning charge to the reserved cardholder for excessive cleaning or breaking of policy if necessary.

In consideration for the utilization of the HOT TUBS we, understand and agree as follows:

1. I am responsible to check water quality before use. We provide test strips and chemicals at the hot tub. Please ensure that the water is balanced and properly disinfected. We regularly clean the hot tub, and disinfect the water, but since there is no manager on site, we ask that you check the hot tub before use. USE OF THE HOT TUB IS AT YOUR OWN RISK!

2. To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a hot-tub.

2. I understand and agree that I am responsible for learning how to use the equipment properly and safely.

3. I understand that by ordering the use of the hot tub, I am assuming financial responsibility of the tub for any and all usage, breakage, and/or abuse of the policies during my stay. This could include an additional cleaning charge and/or water replacement fee of $100 and any/all additional fees for extraordinary maintenance and/or repair incurred by owner in order to restore the tub after my stay.

4. I understand that owner reserves the right to change or cancel the continued availability of HOT TUBS without prior notice to me for issues related to care, maintenance, and/or safety. No lease, license or bailment is created by my use of the HOT TUB.

5. Owner is not liable for any loss or damage to my property arising out of my usage of the HOT TUB.

6. I agree to refrain from using equipment that I determine to be defective or in need maintenance or repair. Should any equipment be in a state of disrepair, I will alert owner in lieu of using said equipment.

7. I understand that a risk of injury and/or illness is present when engaging in or utilizing HOT TUBS and I assume all responsibilities and risk of participation in this program. I understand that failure to follow listed policies may increase those risks and incur charges to my CC on file related to any breakage, abuse of equipment, and/or abuse and negligence of the policies given and signed upon check-in.

8. IN CONSIDERATION OF THE ACCEPTANCE OF MY AGREEMENT, I INTEND TO BE LEGALLY BOUND FOR MYSELF, MY HEIRS, EXECUTORS, AND ADMINISTRATORS AND DO HEREBY RELEASE ANY AND ALL SPONSORS OF THIS FACILITY AND THEIR REPRESENTATIVES, SUCCESSORS, AND ASSIGNS AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS IN INTEREST, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, INSURERS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING ILLNESS AND DEATH, THAT I MAY SUFFER AS A RESULT OF MY USAGE OF THE HOT TUBS.

9. MY ACCEPTANCE OF THE HOUSE RULES, and the Liability Release and Hot Tub Waiver incorporated therein IS EVIDENCE I SHOULD CHECK WITH MY DOCTOR TO SEE IF HOT TUB USE IS SUITABLE FOR MY AND MY CHILD/WARD'S HEALTH AND PHYSICAL CONDITION.

10. I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY, AND I KNOW ITS CONTENTS. I HAVE VOLUNTARILY ACCEPTED IT AS PART OF MY ACCEPTANCE OF THE HOUSE RULES AS MY OWN FREE ACT.

11. BY SIGNING and/or reserving the property which shall act as my signature implied and agreement to the above, I ADMIT RECEIVING AND ACKNOWLEDGING HOT TUB SAFETY RULES EITHER AT CHECK IN, OR BY WAY OF THESE RULES AND INSTRUCTIONS.

In consideration for the utilization of the CHILDRENS PLAY SET & SLIDE (the "SET") we, understand and agree as follows:

1. I am responsible for all persons, child and adult alike in my reservation and that USE OF THE CHILDRENS PLAY SET & SLIDE IS AT MY AND THOSE IN MY PARTY OWN RISK!

2. To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a CHILDRENS PLAY SET & SLIDE.

2. I understand and agree that I am responsible for learning how to use the equipment properly and safely.

3. I understand that by ordering the use of the CHILDRENS PLAY SET & SLIDE, I am assuming financial responsibility of the SET for any and all usage, breakage, and/or abuse of the policies during my stay. This could include an additional cleaning charge and/or replacement fee of $100 and any/all additional fees for extraordinary maintenance and/or repair incurred by owner in order to restore after my stay.

4. I understand that owner reserves the right to change or cancel the continued availability of the SET without prior notice to me for issues related to care, maintenance, and/or safety. No lease, license or bailment is created by my use of the SET.

5. Owner is not liable for any loss or damage to my property arising out of my usage of the SET.

6. I agree to refrain from using equipment that I determine to be defective or in need maintenance or repair. Should any equipment be in a state of disrepair, I will alert owner in lieu of using said equipment.

7. I understand that a risk of injury and/or illness is present when engaging in or utilizing the SET and I assume all responsibilities and risk of participation in this program. I understand that failure to follow listed policies may increase those risks and incur charges to my CC on file related to any breakage, abuse of equipment, and/or abuse and negligence of the policies given and signed upon check-in.

8. IN CONSIDERATION OF THE ACCEPTANCE OF MY AGREEMENT, I INTEND TO BE LEGALLY BOUND FOR MYSELF, MY HEIRS, EXECUTORS, AND ADMINISTRATORS AND DO HEREBY RELEASE ANY AND ALL SPONSORS OF THIS FACILITY AND THEIR REPRESENTATIVES, SUCCESSORS, AND ASSIGNS AGENTS, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS IN INTEREST, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, INSURERS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING ILLNESS AND DEATH, THAT I MAY SUFFER AS A RESULT OF MY USAGE OF THE CHILDRENS PLAYSET AND SLIDE.

9. MY ACCEPTANCE OF THE HOUSE RULES, and the Liability Release and Hot Tub Waiver and Children's Playset and Slide incorporated therein IS EVIDENCE I SHOULD CHECK WITH MY DOCTOR TO SEE IF SUCH USE IS SUITABLE FOR MY AND MY CHILD/WARD'S HEALTH AND PHYSICAL CONDITION.

10. I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY, AND I KNOW ITS CONTENTS. I HAVE VOLUNTARILY ACCEPTED IT AS PART OF MY ACCEPTANCE OF THE HOUSE RULES AS MY OWN FREE ACT.

11. BY SIGNING and/or reserving the property which shall act as my signature implied and agreement to the above, I ADMIT RECEIVING AND ACKNOWLEDGING CHILDRENS PLAYSET AND SLIDE SAFETY RULES EITHER AT CHECK IN, OR BY WAY OF THESE RULES AND INSTRUCTIONS.

Appendix 6: Cancellation of Services

Before cancelling services please review and confirm understanding of the following contractual clauses agreed to at the time you became a client of Vacay Rental Management.

Section 21.1 This Agreement may be terminated by Host or Owner at any time after the Period from which Manager and Owner agreed the Service term would last (the “Probationary Period”) with or without cause provided at least 30 days prior written notice is delivered by the terminating party to the other party. Any Reservations in existence and not yet commenced (the “Future Reservations”) shall be at the sole decision by Manager to manage. Manager shall have the right but not the duty to remove the Online Listing(s) and take no further Reservations thereafter. Shall Owner elect to cause those Future Reservations to be cancelled or shall Manager elect not to manage the Future Reservations, then the Reservation Cancellation clause(s) shall apply to each and every affected Reservation.

Section 21.6 Unless otherwise agreed upon by the Parties, in the event Manager elects to list Owner’s property on a Subscription based website (homeaway.com, VRBO.com, e.g.) and such Subscription Plan is paid by Manager (the “Subscription Amount”), and shall this Agreement be terminated prior to a one year term in which at least the greater of 10 months or 300 days is available for Manager to secure Reservation for the Property, Manager shall be reimbursed its full cost of the Subscription Amount. Additional early-termination fees may apply.

Section 23 Early Termination. Shall Owner elect to terminate Manager within the first 60 days from the Effective Date, for reasons other than gross negligence or wanton, willful disregard for Owner’s property or Guests by Manager, then Owner shall pay to Manager a termination fee of $2,000 to cover such costs including but not limited to as positioning the property, arranging professional photography, optimizing the Listing, providing sound and experienced advice and counsel as to the disposition of the Property and generally performing those initial and start up tasks to best position Owner’s Property. Any actual Reservations in progress or confirmed but not yet commenced, may be cancelled at Manager’s election and the gross booking total as paid by Guest shall be compensated by Owner to Manager. Manager reserves the rights to make attempts to place Guests at another Property and Owner shall not be entitled to any proceeds of that arrangement. Likewise, Manager may elect to NOT cancel reservations already in existence in which instance Owner agrees to allow those reservations to continue and Manager shall be compensated in full. Should Manager be forced to cancel reservations already in existence due to Owner's early termination, then the Reservation Cancellation provision(s) shall apply herein. To the extent any of the above fees are deemed to be liquidated damages, Vacay Rental Management and Owner agree the amount stated is reasonable under the circumstances existing at the time of the execution of this Agreement.

Section 6.5 Reservation Cancellation. Shall Owner cause Vacay Rental Management to have to cancel any Reservation or multiple Reservations for any reason except as noted in below (“Extenuating Circumstances”), then owner shall pay to Vacay Rental Management the larger amount of the total reservation(s) cost being cancelled or $2,500 US per each canceled reservation. This fee shall compensate Vacay Rental Management for the negative impact a cancellation has on its online ranking, for all efforts taken in booking the reservation, for all efforts undertaken to prepare the home and the Guest prior to the cancellation, for all efforts taken in notifying and preparing the Guest after the cancellation, and to compensate Vacay Rental Management for its time and resources in unwinding and rectifying any damage to its online and offline reputation for creating a cancelled reservation. A cancellation shall be defined as any Reservation that does not take place at the Property contracted between the Parties. Therefore, shall Owner terminate Vacay Rental Management or otherwise cause Vacay Rental Management to alter, cancel, modify, or in any way cause a Reservation(s) to not take place at Owner’s Property, then a Cancellation has occurred. Vacay Rental Management shall not be required to find alternative accommodations for an affected Guest. Owner further agrees and acknowledges that any termination of Manager shall allow Manager to withhold and/or deduct the greater of $2,500 (per occurrence) or total reservation(s) cost, from an Owner Payout for the Owner Payout month in which the termination occurs, even if the terminated Reservations in the future are in future months. A termination of Manager in which future Reservations have yet to occur shall likewise be considered terminated unless otherwise agreed upon by the Parties. Owner agrees that any termination of Manager, that results in future Reservation Cancellations, shall be a violation of this Agreement and subject to the terms above if due to the bad acts, damage, or maintenance issues, intentional, negligent or otherwise caused by a Guest or a visitor to the Property of a Guest, unless such acts result in the complete and total uninhabitability of the Property.

In short, the best way to cancel for all parties is and avoid the charges above:

1. ensure we have at least worked 90 days together and

2. ensure there are no future reservations for your home, however

3. if there are future reservations then we can:

1. stop taking any new bookings but honor those future bookings already in existence or

2. continue taking reservations between now and the last reservation already confirmed, but agree to take no new reservations

Absent taking the above steps, Owner will be liable for all charges outlined in the selected sections above, as well as any other that may be applicable per the Terms and Conditions found at www.vacayrentalmanagement.com.

To proceed with cancellation, please fill out the form found here and return to info@vacayrentalmanagement.com.