HomeMy WebLinkAboutManagement & Rental Agreement Signed Maria Mayoral_RedactedManagement & Rental Agreement
This Agreement (“Agreement”) is effective from the signatures below (“Effective Date”) by
______________________________________ (“Manager”), and (list all legal owners)
______________________________________ (“Owner”). Owner and Manager (each a “Party” and
collectively, the “Parties”) agree as follows:
OWNER
Property Address: _________________________________________________________________
Mailing Address: _______________
Tax ID/EIN: General excise tax (if applicable): __________________________________________
A.Management and Rental of Property.Owner represents and warrants that, as of the
Effective Date of this Agreement and throughout the Term hereof, Owner owns (and shall
continue to own) the property located at the address provided under “Property Information”
below (“Property”) and that this Agreement will not violate any existing agreement to which
Owner is a party or any agreement, covenant or other restriction affecting the Property. Owner
grants to Manager the sole and exclusive right and authority to rent the Property and manage
short-term vacation rentals of the Property as defined by the laws of the state, county, city or
other governmental jurisdiction in which the Property is located. Manager may terminate this
agreement immediately if use of the Property as a short-term vacation rental is prohibited by
local, state, or federal ordinances, regulations or laws or private restrictions applicable to the
Property.
B.No Joint Venture.The Owner and Manager do not intend to form a joint venture, partnership
or similar relationship; instead, the parties intend that the Manager shall act solely in the
capacity of an independent contractor for the Owner. Neither Owner nor Manager shall have
the power to bind or obligate the other party by virtue of this Agreement, except as expressly
provided in this Agreement.
C.Term.The exclusive rental rights and the other rights of Manager under this Agreement shall
commence at 12:01 a.m. local time on the date set below (the “Effective Time”), and, shall
continue until 11:59 p.m. local time on the date that is one (1) year from the Effective Time
(the “Initial Term”). This Agreement will automatically renew for successive one (1) year
terms (the Initial Term and any subsequent renewal terms, hereinafter the “Term”);
notwithstanding the foregoing, either Party may terminate this Agreement at any point during
the Term upon thirty (30) days prior written notice given to the other, provided that Manager
may withhold funds for 30 days after the end of the month in which this Agreement is
terminated to pay any obligations previously incurred but not yet invoiced and to close
accounts. If the funds on hand are insufficient to such obligations, Owner shall pay Manager
the deficiency within 45 days after the date of termination. In the event of a termination with
cause by Manager or termination by Owner without cause, Owner shall pay Manager an
amount equal to the fee Manager would have been entitled to receive during the balance of
the then-existing term of this Agreement, taking into account any rental agreements in effect
at the time of such termination
M&J Property Management LLC
Maria Isabel Correyero Mayoral
830 Arroyo Vista Drive, Palm Springs, CA 92264
D.Rentals.During the Term hereof,Manager shall use best efforts to procure short-term
vacation rental guests (each a “Guest”and collectively,the “Guests”),and in pursuit thereof
Manager may set,adjust and negotiate rates,minimum days,fees and other charges with
Guests,prepare,enter into,renew,extend and/or cancel commercially reasonable rental
agreements with such Guests (each,a “Rental Agreement”),make refunds,return security
deposits,charge Guest Fees (as defined herein),and take other actions which Manager
considers appropriate for managing and maximizing the occupancy and income of the
Property.Owner hereby acknowledges that certain Property terms,conditions,and description
may vary by marketing channel.
E.Exclusive Right to Market.Owner exclusively authorizes Manager to provide services for
the marketing of the Unit to the public for rent (and no other rental manager or agent).
Manager may market the Unit via pay-per-booking sites,listing sites,travel agents or brokers
determined by Manager with a goal of maximizing your bookings and monthly revenue.
These guest sites currently include Expedia (HomeAway/VRBO),AirBnB,Booking.com,
Homes &Villas by Marriott,Google Hotel Ads and several other websites and charge agency
fees that equate to 5-18%of the total booking amount.Manager will include in the fees
charged to the Guest a variable booking fee and apply it to the cost of the booking sites.
F.Management Fee.In consideration of Manager’s services hereunder,Manager will receive
compensation based on the “Management Fee”(as set out under “Property Information”
below)multiplied by the rental proceeds received from Guests.For purposes of this
Agreement,“Rental Proceeds”means the total rent paid by Guests (excluding all other
charges,taxes,Guest Fees (as defined herein)and the cost of any additional services provided
for herein or otherwise agreed upon between the Parties hereto).The Management Fee will be
earned by the Manager at the same time Rental Proceeds are earned under the applicable
Rental Agreement.All monies owed to Manager will be deducted from Owner’s portion of
the Rental Proceeds or paid directly by Owner to the extent Rental Proceeds aren’t sufficient
to cover such monies owed.Manager will endeavor to deliver Owner’s portion of Rental
Proceeds (each,an “Owner Distribution”)by the 15th day of the month following the month
in which a Guest checks out from the Property.Owner may only dispute charges within sixty
(60)days of an Owner Distribution (the “Dispute Period”)and upon the expiration of any
applicable Dispute Period,the Owner Distribution made by Manager shall be deemed to be
conclusive.
G.Additional Services.M&J Property Management LLC will,along with the Owner,start,
follow and comply with the process of obtaining the short term rental permit marked by the
State the property is located in.Manager shall engage an annual deep cleaning of the Property
at Owner ’s expense.Manager shall engage promotional photography of the Property at
Manager ’s cost,and Manager and its designees shall maintain full ownership and the
exclusive right to make full and complete use of and to disseminate such promotional
photography for the purpose of marketing the Property to Guests.
H.Property Maintenance and Repairs.Owner shall make or cause to be made all ordinary and
necessary repairs,general maintenance and alterations to the Property (collectively,the
“Property Maintenance”)during the Term of this Agreement.In the commission of such
Property Maintenance,Owner may engage third-party maintenance providers and/or
contractors selected and engaged directly by Owner,or upon notice and appropriate
authorization to Manager,permit Manager or Manager ’s employees,maintenance providers
and/or contractors to perform such Property Maintenance.Manager may replace parts,
provide labor and furnish materials on a single service call that is estimated to cost up to
$250.00 in Manager ’s discretion without obtaining the consent of Owner.Additionally,
Owner authorizes Manager to make Emergency Repairs without obtaining the prior consent
of Owner.A repair is an “Emergency Repair”if Manager in its sole discretion deems the
repair to be necessary either to (1)protect the Property or its contents from damage or
destruction or (2)return the Property to a rentable condition during or in advance of a guest
stay.To the extent Manager performs or is engaged for any Property Maintenance or
Emergency Repair services,Manager will bill Owner (i)a reasonable per hour charge for
labor and (ii)costs of any materials or parts required for such Property Maintenance or
Emergency Repair.
I.Keyless Digital Entry.Owner authorizes Manager,at our cost,to install electronic locks on
doors for security and access purposes where possible and feasible.Manager utilizes digital
lock systems which allow Manager to provide more security for the Unit compared to
conventional lock systems.Each Guest receives a unique code for the keyless lock that only
allows them to enter at the time of their reservation (for example,4pm on March 3rd)expires
at the checkout time of each Guest stay.The codes are unique to each Guest and Unit.
Additionally,this lock system provides a history of entry into the Unit whether by Guests,
vendors,Manager or Owner.The Owner will receive an Owner code that will allow access to
the Unit when Guests are not present.
J.Guest Fees.Manager may,in Manager ’s reasonable discretion,charge certain Guest Fees,to
include without limitation:a cleaning fee,extra dirty fee,early check-in fee,late check-out
fee,cancellation fee,booking fee,travel-agent fee (i.e.airbnb,booking.com,home away
marketing etc.),accidental damage waiver fee and other miscellaneous fees (collectively,the
“Guest Fees”).Guest Fees will be earned by Manager when incurred by Guests pursuant to
the applicable Rental Agreement.In no event shall Owner receive a share or percentage of
Guest Fees even if such Guest Fees are combined with other fees charged to Guests,including
Rental Proceeds,booking fees or any other charge permitted hereunder or charged by
Manager and/or Franchisor (as defined herein)in the ordinary course of business.Amounts
paid to Manager by Guests will first be allocated to Guest Fees,and such Guest Fees shall be
expressly excluded from Rental Proceeds.
K.Guest Refunds.Manager may issue full or partial refunds to guests to address guest
dissatisfaction where reasonable to do so.
L.Owner’s Responsibilities.Owner is responsible for paying all utility charges (gas,electric,
sewer,water,cable,internet,trash pickup and any others),mortgage payments,homeowner
assessments,property taxes,locking long distance telephone,cable TV services,and all other
customary expenses related to Property not otherwise allocated herein.Owner shall furnish
the Property with suitable equipment,appliances,dishes,pots and pans,smoke detectors,
batteries,light bulbs,furniture,and furnishings (collectively,the “Furnishings”)necessary and
appropriate for third-party short-term vacation rental occupancy.At any time during the Term
of this Agreement,Manager may provide owner with a list of required Furnishings,which
shall be provided by Owner,at Owner ’s sole cost and expense.If Owner fails to provide the
Furnishings, Manager may purchase the required Furnishings at Owner’s expense.
M.Owner Use of Property.Owner has the right to use the Property so long as Owner reserves
the dates in advance with Manager,and there is no conflict with bookings by Guests for such
dates;provided,at Owner’s request,Manager may,at Manager ’s discretion,elect to work
cooperatively with Owner and any Guest to relocate such Guest in the event of a booking
conflict,with Owner expressly obligated to compensate Manager for any loss in income
related thereto.Owner will pay all expenses related to Owner ’s stay,including but not limited
to cleaning fees at the then-current rate.Owner stays are subject to Manager ’s standard
checkin and check-out times for the Property.
N.Reservations after Termination.Manager may move all existing reservations including
associated revenue after termination of this Agreement to other properties.If Manager does
not move an existing reservation,Owner will honor the reservation or compensate Manager
for any loss of income related thereto.This section will survive termination of this
Agreement.
O.Guest Privacy.To ensure guest privacy,Owner shall not enter the Property or any
immediately adjacent land or associated structures,or to permit any other person to do so,
without (1)reserving an Owner stay with Manager covering the period of access or (2)
checking with Manager prior to entry.Owner shall Owner shall not place any camera in the
interior of the Property or in any portion of the Property except in an exterior area that is
visible from the exterior of the Property, such as the front porch.
P.Insurance.“Minimum Required Coverage”is defined as a comprehensive general-liability
insurance policy specifically for short-term vacation rentals insuring against liability for loss,
damage or injury to property or persons that may arise out of the occupancy,management,
operation or maintenance of the Property,and worker’s compensation insurance.Such
policies shall provide coverage in a minimum amount adequate to protect the interest of
Owner and Manager,but in no event less than $5000,000 (per occurrence)and shall include
the Manager and Franchisor (as hereinafter defined)as additional named insureds.The
policies shall cover liability arising out of use of hot tubs,pools or other bodies of water,golf
carts and recreational equipment and injuries or damages arising out of or related to use of
alcohol by the Guest and guests of the Guest.The policies must be primary for all occurrences
and incidents which happen in or about the Property.Owner will provide copies of such
policies to Manager from time to time upon Manager’s request.If the Property becomes
unavailable due to a natural disaster,major repair,or other reason,Manager will be entitled to
an amount equal to the Management Fee Manager would have earned during that period out
of any recovery of rental income on displaced reservations from such policies.gram until
such time as the Minimum Required Coverage for the Home is reinstated.
Q.Guest Information.Owner acknowledges and understands that state and federal laws and
contracts with vendors providing credit or other background information regulate the
maintenance and disposal of certain information of consumers and limit or prohibit Manager ’s
dissemination of information or reports.All information regarding Guests is the sole and
exclusive property of Manager.This includes,but is not limited to Guest names,addresses,
phone numbers,email addresses,other contact information (“Guest Information”).Owner
shall not be entitled to any Guest Information that may be provided to or accessible by
Manager.
R.Taxes:M&J Property Management LLC will collect (or,if applicable,a partner channel)
taxes from guests,file sales and lodging tax returns and make all sales and lodging tax
payments on Owner ’s behalf.
S.Indemnification.To the fullest extent permitted by law,Owner will indemnify,defend,and
hold harmless Manager,Franchisor (as hereinafter defined)and their respective directors,
officers,shareholders,owners,managers,members,partners,agents,employees,franchisors,
attorneys,consultants,advisors,lenders,representatives,and affiliates from and against any
and all allegations,demands,causes of action,claims,losses,liabilities,expenses (including
attorney’s fees and costs),death or injury to persons and damages to property including
personal property of any kind whatsoever and to whomsoever belonging including Owner,or
the Property including but not limited to those based on,arising out of,caused by,connected
to,or in any way related to (i)management of the Property by Manager or the performance or
exercise of the duties,obligations,powers or authority herein or hereafter granted to Manager,
(ii)a breach of any of the provisions of this Agreement by Owner,(iii)any acts of negligence
or willful misconduct on the part of Owner or its agents,representatives or affiliates or (iv)
arising out of or in any way related to a Guest’s breach of any lease for the Property or failure
to adhere to rules and warranties provided at the Property,including but not limited to in
connection with hot tubs,pools or other bodies of water and recreational equipment;the
holding of parties or other unauthorized gatherings on the Property or use of alcohol by
Guests or other parties present on the Property.This Section will survive termination of this
Agreement.
T.Pets and Service Animals.Pets are not allowed on premises unless checked marked below
and then an animal or pet (other than service animals)shall be kept on or about the premises
without owners’written consent.Owner acknowledges that The American With Disabilities
Act (ADA)prohibits both public and private businesses from discriminating against guests
who request to bring service animals to the premises.Manager complies with federal ADA
and state requirements related to service animals.Under the ADA regulations,Manager
cannot ask about a guest’s disability.As such,if a guest specifically requests to stay at the
property with a service animal, Manager cannot deny or reject the reservation on that basis.
U.Non-Solicitation.During the period commencing on the Effective Date and ending three (3)
years following the expiration or termination of this Agreement,the Owner shall not,without
Manager ’s prior written consent,on behalf of Owner or any other person or entity,hire,solicit
in any manner,or enter into a contract with,any individual who is a current or former
employee of Manager or its affiliates (expressly including Franchisor (as defined herein)and
its affiliates),within the three (3)year period immediately preceding the expiration or
termination of this Agreement.
V.Amendments.This Agreement may be amended at any time by Manager upon thirty (30)
days’written notice to Owner specifying the terms to be amended and the date such
amendment(s)will take effect (which,for the avoidance of doubt,may not be less than thirty
(30)days after the date Manager provides written notice to Owner).No amendment to this
Agreement requested by Owner will be binding on Manager unless a duly authorized officer
of Manager signs the written amendment proposed by Owner.
W.Integration of Entire Agreement.This Agreement is the final,entire Agreement among the
Parties pertaining to the subject matter of this Agreement,and supersedes all previous
agreements and understandings pertaining to this Agreement or its subject matter,including
but not limited to any advertising or marketing materials provided by Manager,or
contemporaneous communications,agreements,representations,or warranties,whether oral
or written, relating to the subject matter hereof.
X.Severability.If any provision of this Agreement is determined to be invalid,illegal,or
unenforceable in any respect for any reason,the validity,legality,and enforceability of that
provision in every other respect and the remaining provisions of this Agreement will not,at
the election of the Party for whose benefit the provision exists,be in any way affected or
impaired.
Y.Notices.All notices required in this Agreement shall be in writing and shall be either (i)hand
delivered or sent via electronic mail,or (ii)sent by reputable overnight courier service and
shall be deemed given (x)when received at the address listed below if hand delivered or sent
via electronic mail,or (y)as of the date noted on the written affirmation of delivery when sent
by reputable overnight courier service.
Z.Survival of Terms.Terms that by their nature should logically survive termination of this
Agreement shall continue in force and effect after termination hereof.
AA.Applicable Law.This Agreement will be governed by the laws of the State in which the
Property is located,without regard to choice of law or principles of conflict of law.The
Parties hereto will submit all disputes arising under this agreement to arbitration in the State
in which the Property is located,and in the city in which the Manager maintains its principal
office (to the extent such office is located in the State in which the Property is located),before
a single arbitrator of the American Arbitration Association,to be selected by application of
the rules of the American Arbitration Association,or by mutual agreement of the parties.No
Party will challenge the jurisdiction or venue provisions as provided in this section.
BB.Limitation of Liability.MANAGER IS NOT AND SHALL NOT BE LIABLE FOR
GUEST/TENANT WHO FAILS TO PAY,FAILS TO VACATE THE PROPERTY BY
CHECKOUT DATE,CAUSES DAMAGE TO THE PROPERTY OR LEGAL FEES
ASSOCIATED WITH ACTIONS BY OWNER OR MANAGER IN CONNECTION
THEREWITH.TO THE MAXIMUM EXTENT PERMITTED BY LAW,IN NO CASE
SHALL MANAGER OR FRANCHISOR (AS HEREINAFTER DEFINED)OR ITS
AFFILIATES (INCLUDING BUT NOT LIMITED TO THEIR OFFICERS,DIRECTORS,
EMPLOYEES,MEMBERS,OWNERS,FRANCHISORS,PARTNERS AND AGENTS)BE
LIABLE TO OWNER FOR ANY INDIRECT,INCIDENTAL,CONSEQUENTIAL,
SPECIAL,OR EXEMPLARY DAMAGES,OR FOR ANY DAMAGES FOR PERSONAL
OR BIDILY INJURY,EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY,ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT,WHETHER BASED ON A
THEORY OF CONTRACT,TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY,
OR OTHERWISE,AND EVEN IF MANAGER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.IN NO CASE SHALL MANAGER’S LIABILITY
TO OWNER FOR BREACH OF CONTRACT OR NEGLIGENCE,IN THE AGGREGATE,
EXCEED THE TOTAL MANAGEMENT FEE RECEIVED BY MANAGER UNDER THIS
AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT
GIVING RISE TO THE LIABILITY.
CC.Assignment.Either party may assign this Agreement or any of its rights or delegate any
of its duties, or other interests in this Agreement at any time without the other party’s consent;
provided, such assignee shall have and assume all rights and obligations of the assignor Party
under this Agreement and shall sign a written assumption of this Agreement if requested by
the other Party hereto.
DD.Compliance with State and Federal Law.Owner shall not take any action or adopt any
policy the effect of which would be to prevent Manager from offering the Property for rental
in compliance with all applicable federal and state laws, regulations, and ethical duties,
including but not limited to those prohibiting discrimination on the basis of race, color,
religion, sex, national origin, handicap, familial status, sexual orientation or gender identity in
the leasing of the Property.
Pets allowed (Yes/No) :
OWNER MANAGER
Signature:
Name:
____________________________________
Title (if signing for entity):
____________________________________
Email:
____________
Phone:
____________________
Date:
____________________________________
ADDITIONAL OWNER (if applicable)
Signature:
____________________________________
Name:
____________________________________
Email:
____________________________________
Management Fee: __________%
MANAGER
Signature:
____________________________________
Name:
____________________________________
Title:
____________________________________
Date:
____________________________________
AGENT REPRESENTATIVE
Signature:
___________________________________
Name:
____________________________________
Date:
____________________________________
YES
Ryan FiscellaMaria Isabel Correyero Mayoral
Manager
8/1/2022
8/1/2022
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