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AGREEMENT
This Agreement (the "term") is effective as of the commencementDate}
Upon the execution of a contractual agreement between the homeowner {1Hereinafter} {companyName} and Elite Vacation Homes Inc., wherein Elite Vacation Homes Inc. is designated as the authorized property agent, tasked with facilitating accommodations for paying guests in the designated property or properties, by the terms delineated within this agreement, Elite Vacation Homes explicitly recognizes and concurs to undertake the responsibilities associated with the role of a booking agent, as outlined herein.
REPRESENTATION
1. The owner hereby represents and warrants that they are the registered and beneficial property owner and possess the legal authority to enter into this agreement. Furthermore, the owner warrants that they are a resident of Canada or, if they are not, they understand that Elite Vacation Homes Inc. will retain and remit a 25% tax on all bookings facilitated. Elite Vacation Homes Inc. shall not be held liable if the homeowner fails to fulfill this obligation.
Elite Vacation Homes Inc. operates solely as a booking agent and is not a licensed property management company; its role includes facilitating bookings and coordinating general interior maintenance and repair services through subcontracted trade professionals, with all invoices billed directly to the homeowner or deducted from the bookings. The owner further represents to Elite Vacation Homes Inc. that entering into this agreement will not contravene any rules, regulations, bylaws, orders, ordinances, or other regulations governing the use of the property. Elite Vacation Homes Inc. solely books stays for transitional housing and vacation or corporate clients for a maximum duration of six months. The guest contract may be extended for an additional term of up to six months or less, contingent upon the availability of the property.
EXCLUSIVITY
2. Elite Vacation Homes Inc. shall function as the exclusive booking agent for the owner, reserving guests for the property in strict accordance with the terms delineated in this agreement. Elite Vacation Homes Inc. shall exert its best efforts to secure and confirm bookings for the property on behalf of the owner under the Elite Vacation Homes Inc. exclusive package. Throughout the Elite Vacation Homes Inc. exclusive package, Elite Vacation Homes Inc. retains exclusivity and continues to serve as the booking agent and rental manager for the property. During this period, neither the owner nor any third party is permitted to advertise or engage in advertising activities or complete bookings for the property or properties listed in this agreement. Any violation of this provision may result in immediate termination of this contract and may incur subsequent charges. Personal leads about the property are required to be forwarded to Elite Vacation Homes for management, subject to a reduced commission of 10%.
COMMISSION / PAYOUTS
3. Elite's Commission: 25% for all bookings (some exceptions may apply)
The rental amount payable by the guest shall be the sum mutually agreed upon between Vacation Homes Inc. and the owner. The commission specified in this contract, payable to Elite Vacation Homes Inc., is subtracted from the total rent, and the guest is obligated to remit all outstanding balances directly to Elite. The owner shall receive payment, typically on the same day or within one week of the guest's check-in, contingent upon banking transfer limits. Access to the property is strictly prohibited for any guest until the entirety of the sums payable under the guest agreement has been remitted in full.
ADVERTISED PRICING
4. Kindly be advised that the pricing reflects an increase ranging from 8% to 15% on all third-party advertising platforms to accommodate the associated commission charges levied by those platforms.
OWNER'S PORTAL
5. An email confirmation shall be dispatched for each new booking or cancellation. The owner will be furnished with login credentials granting access to a confidential homeowner portal, enabling them to view booking details, calendar blocks, anticipated payouts, deductions, reports, and other pertinent information at their discretion. Additionally, a PDF format is accessible on the portal for annual records and tax purposes.
BOOKING EXTENSIONS
6. If Elite Vacation Homes Inc. secures a booking for your property and the guest opts to extend the contract, the guest shall continue to be exclusively considered a client of Elite Vacation Homes Inc. The owner hereby consents to authorize Elite Vacation Homes Inc. to execute the new terms of the extension and commits to abstain from engaging directly with guests facilitated by Elite Vacation Homes Inc.
PROPERTY AVAILABILITY
7. The property must remain available for occupancy for a minimum duration of six months within the calendar year. It is advantageous if a portion or the entirety of this period coincides with the highly sought-after tourist season spanning May to October.
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.
7b) While your home is listed for sale, we are amenable to including it in our vacation rental portfolio. However, we are precluded from soliciting vacation rental guests to entertain requests associated with the home's sale. The booking calendar will only be opened for one month at a time in incremental intervals to mitigate potential complexities in the event of a sale. You will have the privilege of accessing your booking calendar to coordinate showings and open houses around existing vacation rental bookings. Please note that vacation rental bookings will be prioritized in case you opt to rent the property while it is listed for sale.
DAMAGE/SECURITY DEPOSIT
8. Elite Vacation Homes collects a damage deposit of $500 for condominiums and suites, and up to $1500 for residential homes. Following each check-out, our quality control team evaluates the property, and the deposit is refunded to the guest if no claims are warranted, except for reservations made through Airbnb. In instances where Airbnb does not collect a damage deposit upfront, a distinct process is followed. We are mandated to seek reimbursement for damages, substantiated by submitted evidence, directly from the guest through Airbnb. The guest is afforded a 48-hour window to respond; rejection prompts escalation to the Airbnb claim center, wherein Airbnb assesses and determines whether to partially or fully fulfill the request or deny it outright. No further compensation requests are entertained in the event of denial.
Damages and deficiencies surpassing the amassed damage deposit amount necessitate 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 hereby acknowledges and concurs that Vacation Homes Inc. exclusively functions as the sole booking agent for the property. Consequently, Vacation Homes Inc., whether negligent or not, assumes and shall retain no obligation, responsibility, or liability of any nature to the owner or guest, except as explicitly stipulated in the agreement. Specifically, and without limiting the generality of the foregoing, Elite Vacation Homes Inc. disclaims any obligation, responsibility, or liability to the owner for any damage, loss, or injury to the property resulting from a guest or any other party, whether authorized on the property or not.
9a). This includes but is not limited to matters arising from or related to a booking for the property, such as incidents caused by fires, floods, acts of God, lawful acts of public authorities, or delays attributable to common carriers. Damages within the established deposit will be addressed by Elite Vacation Homes Inc.
Accidental Damage: pertains to instances where an item is inadvertently dropped, broken, stained, or torn, and such incidents are encompassed within the scope of coverage provided by the damage deposit.
Intentional Damage: In the event a guest intentionally violates the established rules and policies for renting a property, leading to willful and negligent damage to the premises, such instances would be subject to the homeowner's insurance, particularly if the damages surpass the amount covered by the collected damage deposit.
Wear and Tear: Normal wear and tear, encompassing worn items like towels or linens, chipped dishes, and soiled carpets or scuffed flooring, will be assessed and replaced as necessary. The associated replacement costs will be borne 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. shall furnish a personalized digital handbook containing essential home details, regulations, specific instructions for the property, amenities, and local recommendations.
Updates and Review:
Elite Vacation Homes Inc. will routinely review and revise property listings and digital home manuals to ensure accuracy. This process may involve requesting information from the homeowner when necessary. Additionally, the owner bears the responsibility of promptly informing Elite Vacation Homes Inc. about any updates or modifications to the property.
Cleaning/Reporting:
Elite Vacation Homes Inc. will oversee all cleaning coordination and guarantee the submission of a cleaning and inspection report by the designated Elite Cleaning Inspections team following each turnover. This report aims to identify potential inventory issues, deficiencies, or damages. Elite Vacation Homes Inc. also ensures that all cleaning services are conducted satisfactorily. Any corrective measures, cleaning services, or damages incurred will be billed to the responsible party accordingly.
Maintenance Coordination:
Necessary maintenance and repairs shall be communicated to us by our cleaning teams, and Elite will facilitate the coordination of the required repair or replacement through our subcontracted concierge service or our designated repair contacts. Unless explicitly specified otherwise, the corresponding expenses will be invoiced directly to the homeowner.
OWNERS RESPONSIBILITIES
11. The Owner is responsible for the following...
Documents & Municipal Licensing:
The owner is required to furnish a copy of their homeowner's insurance and if applicable, a copy of their vacation rental license. The owner assumes responsibility for any city/district licensing, bylaw requirements, and/or restrictions. In cases where the property is unlicensed or noncompliant, Elite Vacation Homes Inc. shall not incur liability for any associated fees or charges. It is strongly recommended to consult with your municipality or another authoritative resource to ascertain and adhere to all regulations and requirements concerning the acquisition of a vacation rental license, if applicable, as dictated by bylaws governing short-term rentals in your area.
Property Maintenance:
The owner is obligated to ensure that the property aligns with the specifications detailed in the property listing and commits to maintaining it in excellent working condition for the use and enjoyment of guests.
This encompasses all aspects of the property, maintaining cleanliness, habitability, and safety suitable for its intended purposes, inclusive of appliances, electrical systems, plumbing, and both exterior and outdoor areas. Elite will promptly communicate any issues that may compromise the tranquillity and enjoyment of the home for guests and will actively participate in facilitating and coordinating necessary interior maintenance or repairs.
However, all exterior-related maintenance and repairs are the responsibility of the homeowner. The coordination and execution of repair and replacement tasks, along with associated service charges, will be directly forwarded to and paid by the homeowner. Examples of exterior maintenance responsibilities include gardening and landscaping, washing, hot tub maintenance, pool maintenance, deck cleaning, irrigation system maintenance, gutter cleaning, and power washing.
Property Supplies:
The owner is obligated to furnish all fundamental small appliances, cooking dishware, essential linens, and cleaning supplies as delineated in our setup requirements, accessible via the provided link in the required household items section below. Replacement of these items, due to initial signs of wear and tear, shall be undertaken at the homeowner's expense or charged to the guest if deemed damaged.
In the event of linen overstock necessitating additional laundering or inefficient laundry machines requiring offsite laundry, associated costs will be incurred by the homeowner. Replenishment of supplies will be managed by our subcontractor cleaners, and the expenses will be attributed to the homeowner.
Photos and Virtual Tour:
Upon the conclusion of the initial inspection conducted by Elite Vacation Homes Inc., our photographer will reach out to you to coordinate your photo and video session.
Deep Cleaning:
The owner assumes responsibility for covering the expenses associated with both the initial deep clean and scheduled six-month deep cleanings, integral to the continuous 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 cleanings will be billed to the homeowner directly.
If the property owner intends to occupy the property with family or friends, it is crucial to promptly notify us to ensure the blocking of those specified dates. Our cleaning team will be automatically scheduled for check-out at the advertised check-out time to comply with our cleaning standards and procedures. The fundamental cost for these cleaning services will be invoiced directly to the homeowner unless otherwise an alternate agreement is mutually discussed and agreed upon.
Disturbance or Service Access Notification:
The owner is required to provide advance notice of any nearby home repairs, construction, building maintenance, trade activities, access, or any other services that may disrupt a guest's stay or impact their decision to stay. Failure to provide such notice, resulting in guest dissatisfaction, may subject the owner to potential refund obligations at their expense.
Misrepresentation:
If the property fails to meet the promoted standards, whether materially or due to misrepresentation, Elite Vacation Homes Inc. may choose to refund part or all of the funds received from the guest in compensation for the guest's dissatisfaction.
Garbage & Recycling (Residential homes):
Guests are supplied with local garbage and recycling schedules and are obligated to place their garbage and recycling for collection accordingly. In the event, that their stay coincides with a non-collection day and there is a need for garbage collection, a private service will be engaged at the owner's expense if not otherwise arranged by the owner. If a guest neglects to put out garbage and recycling for regular collection, leading to the necessity of private collection, the associated expenses will be borne by the guest.
Annual Fee:
The homeowner will incur an annual $149 renewal fee per property to uphold their listing.
Smart Lock or Lock Box:
We necessitate the installation of a smart lock or lockbox on all properties. If installing a smart lock is not feasible, a lockbox is the preferred alternative. Owners have the option to procure a smart lock system or lockbox of their choosing. Owners must furnish Elite with guest and cleaner codes for smart locks, along with a single code for lock boxes. The owner is responsible for updating and informing 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. A representative from Elite Vacation Homes Inc. may collaborate with the owner to conduct an initial one-night stay at the vacant property to assess, verify, and report on deficiencies and advantages. This evaluation aims to provide the Elite Seal of Approval and may include suggestions to enhance the property.
CONTRACT TERM/CANCELLATION
13. This agreement shall accrue benefits for and bind the respective legal representatives, successors, and permitted assigns of the parties involved. It is valid for one year from the commencement date, automatically renewing for successive one-year terms thereafter. Termination during the renewal term by either party can be effectuated without penalty with a 90-day written notice.
However, if the homeowner terminates before the initial one-year term, a $500 setup fee (initially waived) shall be charged. Additionally, a $149 relisting activation fee applies for any calendar blocks, temporary deactivation exceeding six months, or termination within 90 days after the first-year agreement. The owner's credit card information will be retained after the submission of this agreement.
Please note that the software cost per account is USD 55 per month. While we are happy to cover the majority of this expense, this nominal fee will help us continue providing the tools and resources you rely on. The $20 fee will appear in your homeowner portal for your records and accounting purposes.
In the event of outstanding balances post-termination, the owner agrees to pay promptly. In cases of municipal breach or contract termination, the owner commits to settling any outstanding expenses, penalties, or balances owed to honour any bookings. All bookings made by this agreement are subject to a $100 admin charge per relocation or cancellation of existing bookings, plus any third-party cancellation charges or relocation cost differences incurred if a suitable alternative cannot be found. Furthermore, upon termination of this agreement, the owner acknowledges and agrees that all advertised listings will be removed from all advertising sources.
Cancellation by Homeowner
If the Homeowner cancels a confirmed booking for any reason, the following terms shall apply:
Down Payments and Commissions
The Homeowner shall be fully responsible for any down payment or commission amounts already paid out to Elite Vacation Homes Inc. or otherwise associated with the cancelled booking. These amounts shall be paid in full by the Homeowner to Elite Vacation Homes Inc. within seven (7) business days of cancellation.
Damage Deposit
Any damage deposit paid by the Guest shall be refunded in full to the Guest by Elite Vacation Homes Inc.
Relocation Costs
The Homeowner shall be responsible for any and all reasonable relocation costs actually incurred by the Guest as a direct result of the cancellation, including but not limited to:
The difference in rental costs between the cancelled booking and the replacement accommodations,
Transportation expenses incurred due to relocation, and
Any associated booking fees.
The Homeowner shall reimburse such costs to either Elite Vacation Homes Inc. (if paid on behalf of the Guest) or directly to the Guest within fourteen (14) business days of receiving supporting documentation.
This Agreement (the "term") is effective as of the Commencement Date}
Photography/videography ownership and rights
The copyright and ownership rights are the exclusive property of the photographer.
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