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AGREEMENT
This Agreement (the "term") is effective as of the: {commencementDate}
Hereinafter, {1Hereinafter} {companyName} desires to have Elite Vacation Homes Inc. act as its booking agent to arrange for paying guests to stay in the subject property or properties in accordance with the terms of the Agreement. Elite Vacation Homes Inc. has agreed to act as the booking agent, set out herein.
REPRESENTATION
1. The Owner represents and warrants that the Owner is the registered and beneficial owner of the property and has the right to enter into this Agreement.
The Owner further warrants that they are a resident of Canada or understand and agrees that they are responsible to submit and pay a 25% withholding tax (in full) for their property in relation to Vacation Rental bookings facilitated by Elite Vacation Homes Inc. in the event they are not a resident of Canada.
Elite Vacation Homes Inc. will not be held liable in the event the homeowner fails to comply with this responsibility.
Elite Vacation Homes Inc. is a booking agent, not a licensed property management company; Acting on behalf of the homeowner to facilitate bookings and assist in the coordination of general interior maintenance and repair services via sub-contracted trade professionals. All invoices will be billed directly to the homeowner.
The Owner further represents to Elite Vacation Homes Inc. that entering this Agreement will not breach any rules, regulations, bylaws, orders, ordinances, or any other matters affecting the use of the property.
'EXCLUSIVITY'
2. Elite Vacation Homes Inc. shall act as the Owner’s booking agent in reserving guests for the property in accordance with the terms of the Agreement, and make its best efforts to obtain and confirm bookings of the property on the Owner’s behalf.
Under the Elite Vacations Home Inc. Exclusive Package, Elite Vacation Homes Inc. maintains exclusivity and remains the sole booking agent and rental manager for the property. No Owner or third party shall advertise or be hired to advertise or complete bookings for the property/properties listed under this agreement. Breach of this contract may result in immediate termination and/or subsequent charges.
Personal leads are to be forwarded to Elite Vacation Homes Inc. for management at a reduced commission of 10%
COMMISSION / PAYOUTS
3. Elite's Commission: 25% (Some exceptions may apply).
The amount payable by the Guest as rent shall be the amount mutually agreed upon by Elite Vacation Homes Inc. and the Owner. The commission paid to Elite Vacation Homes Inc. as indicated in this contract is deducted from the total rent.
The guest will pay all balances to Elite. The owner will be paid typically the same day or within 1 week of check-in depending on banking transfer limits. No guest is permitted access to the property until all sums payable pursuant to the guest agreement have been paid in full.
ADVERTISED PRICING
4. Please note: Pricing is marked up 8-15% on all 3rd party advertising sites to account for their respective commission charges.
OWNER'S PORTAL
5. An email confirmation will be sent for each new booking and/or cancellation. The Owner will be provided login credentials to a private homeowner portal for access anytime to view booking details, calendar blocks, expected payouts, deductions, reports and more. A PDF format is available on the portal for year- end taxes.
BOOKING EXTENSIONS
6. When Elite Vacation Homes Inc. books a guest for your property and the guest decides to extend the contract, the guest remains solely the client of Elite Vacation Homes Inc.
The Owner agrees to allow Elite Vacation Homes Inc. to fulfill the new terms of extension and refrain from dealing directly with Elite Vacation Homes Inc. guests.
PROPERTY AVAILABILITY
7. Your property must be available for a min. of 2 months during the year. It is to your advantage if some or all of this time falls over the very popular May to October tourist season.
7.a) HOMES LISTED FOR SALE
We are happy to list your home while it is for sale, however, we cannot ask vacation rental guests to accommodate requests related to the sale of the home and will only open the calendar for 1-month increments to avoid complications in the event of a sale. You will have access to view your booking calendar to schedule showings and open houses around vacation rental bookings. Vacation rental bookings will always take precedence if you wish to rent while it's for sale.
DAMAGE/SECURITY DEPOSIT
8. Elite Vacation Homes Inc. collects a $500 damage deposit for condos and suites in homes and a $1000 damage deposit for residential homes. The property is assessed by our quality control team after each check-out and the deposit is released back to the guest if there are no claims to be made with the exception of bookings made through Airbnb where a damage deposit is not collected upfront. A booking made through Airbnb goes through a different process. We are required to request reimbursement for damages with submitted evidence from the guest directly through Airbnb. The guest has 48 hours to respond. If they reject the request it can be escalated through Airbnb's claim center where it is assessed and determined by Airbnb. Airbnb decides if they will partially or fully fulfill the request or deny it completely. There is no further recourse for compensation in the event it is denied.
Damages/deficiencies exceeding the collected damage deposit amount would require a claim through the Owner's rental insurance at the Owner's discretion.
For homeowners insurance options, we suggest contacting one of the following companies to see which may suit your needs best:
SQUARE ONE or DUUO
LIMITATION OF LIABILITY
9. The Owner acknowledges and agrees that Elite Vacation Homes Inc. is the sole booking agent for the property. As such, Elite Vacation Homes Inc., whether negligent or not, has and shall have no obligation, responsibility, or liability of any kind whatsoever to the Owner or guest other than as expressly provided in the Agreement. In particular, without limiting the generality of the foregoing, Elite Vacation Homes Inc. shall have no obligation, responsibility, or liability to the Owner for:
9 a) Any damage, loss or injury of or to the property caused by a guest or any other party either authorized on the property or not, or in any way relating to or arising from a booking for the property, including but in no way limited to any matters caused by fires, floods, acts of God, lawful acts of public authorities, or delays caused by common carriers. Damage within the set deposit will be facilitated by Elite Vacation Homes Inc.
Accidental Damage: Something that was dropped, broken, stained or torn unintentionally that can be replaced under the umbrella of the damage deposit coverage.
Intentional Damage: When a guest deliberately goes against the rules and/or policies outlined for renting a property, resulting in careless damage to the premises. This would fall under the homeowner's insurance if damages are deemed to exceed the respective damage deposit collected.
Wear and Tear: Worn items such as towels or linens; chipped dishes, dirty carpets, scuffed flooring, etc. will be evaluated and replaced as required. These would fall under replacement costs covered by the Owner.
General Maintenance: Window and deck cleaning; yard maintenance; garages; household; appliance; or electronic repairs required from general use would fall under maintenance costs covered by the Owner.
ELITE VACATION HOMES INC. RESPONSIBILITIES
10. Elite Vacation Homes Inc. is responsible for the following...
Marketing and Advertising:
Elite Vacation Homes Inc. shall manage all advertising and property exposure on behalf of the Owner.
Guest Qualification and Bookings:
Elite Vacation Homes Inc. shall qualify and book guests based on the Owner's provided specifications.
Guest Contracts:
Elite Vacation Homes Inc. shall prepare a rental agreement for each guest.
Digital Home Manual:
Elite Vacation Homes Inc. will provide a customized digital manual, featuring important home information, rules, specific home instructions, amenities, and local recommendations.
Updates and Review:
Elite Vacation Homes Inc. shall regularly review and update the property listings and digital home manuals for accuracy by requesting information from the homeowner when necessary. The Owner is also responsible to inform Elite Vacation Homes Inc. of any updates or modifications to the property.
Cleaning/Reporting:
Elite Vacation Homes Inc. shall manage all cleaning coordination and ensure a cleaning and inspection report is submitted by the respectively assigned Elite cleaning/inspections team at each turnover to advise of potential inventory deficiencies or damages. Elite Vacation Homes Inc. shall further ensure all cleaning services provided are conducted in a satisfactory manner. Any remedial cleaning or damages will be charged to the applicable party responsible (see section 9. a).
Maintenance Coordination:
Required maintenance and repairs will be reported to us by our cleaning teams and Elite can assist in coordinating the repair or replacement required by our sub-contracted concierge service, or our sub-contracted repair contacts on your behalf (unless otherwise specified). The associated expenses will be billed directly to the homeowner.
OWNERS RESPONSIBILITIES
11. The Owner is responsible for the following...
Documents & Municipal Licensing:
The Owner shall supply a copy of their Homeowner's insurance and, if applicable, a copy of their vacation rental license.
The Owner shall be responsible for any city/district licensing bylaw requirements and/or bylaw restrictions, if applicable. Elite Vacation Homes Inc. shall not be held liable for any fees or charges for an unlicensed or non-compliant property.
It is advised to contact your municipality or another resource for all regulations and requirements regarding obtaining a vacation rental license, if applicable, as per any bylaws governing short-term vacation rentals in your area.
Property Maintenance:
The Owner shall ensure that the property is available in the manner set forth as described in the property listing and agrees to reasonably maintain, in perfect working order for guest use and enjoyment, all aspects of the property, in a clean, habitable, and safe condition suitable for its intended purpose, including all appliances, electrical, plumbing, exterior, and outdoor areas.
Elite will contact you should any issue arise that may affect the peace and enjoyment of the home for guests and will assist in the facilitation and coordination of any required interior maintenance or repairs (All exterior-related maintenance and repairs are to be coordinated, facilitated, and maintained by the homeowner).
Repair and replacement coordination and service charges will be forwarded to be paid directly by the homeowner.
Examples of exterior maintenance responsibilities:
Gardening/Landscaping
Window Washing
Hot Tub Maintenance
Pool Maintenance
Deck Cleaning
Irrigation System Maintenance
Gutter Cleaning/Power Washing
Property Supplies:
The Owner shall supply all basic small appliances, cook and dishware essentials, linens, and cleaning supplies as outlined in our set-up requirements (link provided on required household supplies section below) and replaced at the first signs of wear and tear at the homeowner's expense, or charged to the guest if deemed as 'damage' (See 9 .a).
Overstock of linens that require additional laundering or inefficient laundry machines that require off-site laundering will be at the homeowner's expense.
Supplies will be replenished by our subcontracted cleaners and expensed to the homeowner.
Photos and Virtual Tour:
Once an initial inspection has been completed by Elite Vacation Homes Inc. our photographer will contact you to arrange your photo/video shoot.
Deep Cleaning:
The Owner shall be responsible for the cost of an initial deep clean as well as all scheduled 6-month deep cleanings as part of the ongoing upkeep and maintenance of the home.
Owner-Occupied/Owner Bookings and Check-Out Cleans:
In the event the property Owner wishes to occupy the property with family or friends, it is imperative to inform us immediately to ensure these dates are blocked off. Our cleaning team will be automatically scheduled for the check-out at the advertised check-out time to comply with our cleaning standards and procedures. The base cost for these cleans will be billed to the homeowner directly.
Disturbance or Service Access Notification:
The Owner shall always inform us in advance of any home repairs, nearby construction, building maintenance, trade access, or any other service that may interfere with a guest's stay and/or decision to stay. Failure to advise resulting in the dissatisfaction of a guest will be subject to a potential refund or damages to the guest at the Owner's expense.
Misrepresentation:
In the event, the property is unsatisfactory to the way it was promoted, whether material or not or by a defect of misrepresentation, the Owner shall be at liberty to return part or all of the money received from the Guest in respect of the booking as compensation for the Guest’s dissatisfaction.
Garbage & Recycling (Residential homes):
Guests are provided local garbage/recycling schedules and are required to put out garbage and recycling to be collected should their stay fall over a pick-up day. In the event a stay does not fall over a collection day and garbage is in need of collection, a private service will be hired at the Owner's expense if not otherwise arranged by the Owner. In the event, a guest fails to put out garbage and recycling to be collected during a stay resulting in the requirement for private collection, this would be expensed to the guest.
Annual Fee:
An $89/ renewal fee will be charged annually to the homeowner to maintain their listing.
Smart Lock or Lock Box
We require that all properties be outfitted with a smart lock or lockbox. Owners may purchase a smart lock system or lockbox system of their choice. Owners must provide Elite with a guest, cleaner and office code for smart locks and a single code for lock boxes. The owner will be responsible to make updates to and inform Elite of any desired password changes.
(Condo units may be exempt from this requirement in the event there is a strata restriction).
ELITE SEAL OF APPROVAL
12. An Elite Vacation Homes Inc. representative may coordinate an initial stay at the property when vacant to quality check and report on deficiencies and benefits to give our 'Elite seal of approval'.
CONTRACT TERM/CANCELLATION
13. This agreement shall endure to the benefit of and be binding upon the respective legal representatives, successors and permitted assigns of the parties.
This agreement shall be valid for one 1 year from the commencement date and renewed automatically each year for successive 1-year terms (the “Renewal Term”). Termination by either party after the first "Renewal Term" can be made without penalty with 90 days' written notice.
The $500 set-up fee that is waived on initial sign-up will be charged for termination by the homeowner prior to the 1st year agreement term as well as for termination, with written notice, prior to 90 days, after the 1st year agreement term.
An $89 re-listing/activation fee will be applicable for any requested calendar blocks/temporary deactivations over 6 months.
The Owners credit card will be held on file after submission of this agreement in the event outstanding balances are not voluntarily paid upon termination of this agreement.
In the event of a municipal breach and/or termination of this contract, the Owner agrees:
To pay any outstanding expenses, penalties or balances owed.
To honour all bookings of the property made in accordance with this agreement, or pay a $100 admin charge, per relocation or cancellation of any existing bookings, plus any additionally incurred third-party cancellation charges or relocation cost differences associated should we be unable to find a suitable comparable alternative.
The Owner further acknowledges and agrees that upon the termination of this agreement, all advertised listings will be removed from all advertised sources.
This Agreement (the "term") is effective as of the:
This Agreement (the "term") is effective as of the: {commencementDate}
I agree to the terms as outlined: {typeA}
Signed: {homeownerSignature}
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Access option {forThe}
Photography/videography ownership and rights
The copyright and ownership rights are the exclusive property of the photographer.
I agree {pleaseComplete}