OWNER-MANAGER LISTING AND BOOKING AGREEMENT
ReserveMyHome, LLC is a Nevada Limited Liability
company DBA Reserve My Home
This
listing and booking Agreement (this "Agreement") is
entered into between ReserveMyHome, LLC., a Nevada Limited Liability Company
("ReserveMyHome," "we," "us,"
and similar pronouns) and Owner, Manager, User or Agent ("You"
and similar pronouns), relating to the listing and/or booking of properties
that You own, manage or control, on the ReserveMyHome.com website (the "Website")
and the services and goods provided through or in connection with the Website
(collectively, the "Service").
RECITALS
A.
You request use of ReserveMyHome's Service and by signing below ReserveMyHome
accepts Your request in accordance with the terms and provisions of this
Agreement.
B.
ReserveMyHome owns and operates a Reservation Assistant Service, and You desire
to use ReserveMyHome's Service in order to secure rental customers for vacation
rental properties owned or managed by You.
C.
ReserveMyHome is not a broker, lender or seller. ReserveMyHome does not, under
any circumstances, for compensation or valuable consideration lease or offer to
lease, or rent or offer to rent, or manage or offer to manage Your rental(s).
ReserveMyHome is not a party to any agreement You may make with rental
customers wishing to rent Your vacation rental(s).
NOW,
THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS, TERMS, AND
PROVISIONS OF THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
1. YOUR REGISTRATION.
You have provided us current, complete, and accurate information about Yourself
(and your personal contact information, the "Registration Data")
as set forth on the ReserveMyHome 'My Account' Pages. You also
established a username and a password, for which You are responsible for
maintaining security.
2. YOUR PROPERTY
LISTINGS. You will provide information (collectively, the "Listing
Information") in the form we request for each Property You wish to
list through our Service (each, a " Property"),
including but not limited to Property name, description of Property, number of
bedrooms/bathrooms, address, rates, availability, photos, amenities, maximum
occupancy, taxes and fees and other appropriate information. All such
information will be true and accurate and will not omit anything that may be
material to the decision of a third party (a "Renter")
to rent Your Properties. You understand that such information will be relied
upon by Renters and any misstatements or omissions about the Properties may
result in liability and other consequences to You. You will identify special
requirements, conditions, restrictions, ongoing construction at or near the rental
that may affect a renter's comfortable stay and qualifications for the use of
Your Properties.
3. YOUR OBLIGATIONS TO
RESERVEMYHOME, LLC.
a. All private vacation rental owners agree to represent to ReserveMyHome that the Property You list on the ReserveMyHome.com
website is owned or managed by You or Your Property manager;
b. All private vacation rental owners agree to email or fax in Your utility bill or Property Tax Bill as proof so we
can show Your home as a "Verified home." Fax all documents to (775)
832-2553 or Email to: info@reservemyhome.com
c. All private vacation rental owners agree to keep the ReserveMyHome Calendar up to date at all times or mark Your
calendar as unavailable or booked when out of town and/or do not have access to
the homes "Instant Booking" Availability Calendar. Since our platform
is "Instant Booking" this of highest importance;
d. You agree to keep your rental fees current (in US Dollars) to the day and refrain
from any changes, hidden fees, and additional fees to Your posted rates after a
renter has booked the home;
e. You agree as the owner or property manager of the home to block out dates for
personal use, but once a booking is made through our service this booking
agreement, all terms and conditions, rental agreements and our cancellation
policy are instantly enforced;
f. You agree that under any circumstance once a booking is made through the
ReserveMyHome.com website You will honor Your signed contract that is listed
with the property whether your rental's contract is provided by You or you have
chosen to use the ReseveMyHome default contract. In the event all or any
portion of the Property is transferred during the term of this agreement, You
agree to require the purchaser to honor any such booking;
g. You represent and warrant that (a) You hold all intellectual property rights with
respect to each submitted article of text or photograph, or (b) You have
secured from the copyright holder all rights necessary for the article of text
or photograph to be used on an online Booking site, and (c) that the article of
text or photograph accurately and fairly represents the subject of the article
or photograph and has not been altered in any manner that would mislead a
viewer of that text or photograph and (d) You are in compliance with all
applicable Federal, State, and County laws and codes now or hereafter enacted
and the execution of any agreement between rental customer and You will not
violate any applicable laws, and (e) that You will indemnify and hold harmless
ReserveMyHome and its affiliates from any cause of action arising from any
misrepresentation with respect to any and all information so submitted or from
any agreement made between You and rental customer;
h. You will respond promptly if bookings require confirmation (and in any event within
24 hours) to all listing and rental inquiries and requests by ReserveMyHome;
i. You will be responsible and pay for any state, county, city or other local tax including
but not limited to lodging or transient tax applicable to the rental of Your
Properties;
j. You will provide ReserveMyHome with a telephone number where You, or Your local
Property manager, can be reached 24 hours a day, 7 days a week, as set forth on
the ReserveMyHome, My Account pages and the "Detailed Driving
Directions" field. You will update this contact information when
appropriate.
k. You will ensure that all Properties:
i. You are compliant with local zoning ordinances at all times.
ii. You maintain a broad form of comprehensive public liability insurance covering Your
rental(s) in an amount not less than One Million Dollars ($1,000,000) per
occurrence.
iii. You comply with all applicable laws, CC and R's relating to the Properties and this
Agreement.
l. You grant to ReserveMyHome and its partners, on all media, whether now known or
hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free
license to: display, publish, use, reproduce, reformat, compile, archive,
distribute, and transmit all materials provided by You to Booking Agency.
m. You agree to promptly address any reasonable complaints made by rental customers,
to include but not limited to; damaged household items, rodent or pest
problems, torn screens, stained carpets and linens, broken bed or table legs,
unkempt yards, etc. If You do not respond to a customer complaint communicated
to You by ReserveMyHome via phone and or email within 24 hours, You empower
ReserveMyHome to make a compensation decision for You for up to one nights
rent. If reasonable complaints are not addressed promptly Your rental(s) will
be suspended from ReserveMyHome's Service until problems are resolved.
o. You agree that damage to Your rental(s) and its contents may occur, inadvertently
or otherwise and ReserveMyHome assumes no liability for any loss, injury to any
guest or damage thereto.
4. AUTHORITY OF
RESERVEMYHOME:
a.
Leasing and Management Authority: You grant to ReserveMyHome the following
authority which ReserveMyHome may exercise when and to the extent ReserveMyHome
determines to be in Your interest:
i.at
its discretion, list Your Properties for potential Renters on our Website and
the websites of our affiliates and partners;
ii.
collect and deposit for Owner Booking fees and rents, security deposits, and
other funds related to Your Property in a Trust account: (1) any compensation
and reimbursements due to ReserveMyHome under this agreement; and (2) other
persons as this agreement may authorize;
iii.
account for security deposits that ReserveMyHome holds to any renters in the
Property in accordance with applicable law and any lease of the Property and
make deductions from the deposits in accordance with the lease and applicable
law.
iv.
collect administrative charges including but not limited to, application fees,
returned check fees, and late charges from renters in the Property or from
prospective renters.
b.
Record Keeping: ReserveMyHome will maintain accurate records notifying You: (1)
inclusive industry terms; (2) amounts of deposits and or prepaid rent; (3)
names and addresses of all parties,
c.
Security Deposits: Booking and Sign Up Fee Refund and Cancellation Policy:
During this Agreement Period, ReserveMyHome will keep all funds received from
renters and/or owners in a trust which shall accrue interest to the benefit of
ReserveMyHome.
d.
Security Deposit Waiver: Collect a security deposit waiver (SDW) in lieu of a
traditional security deposit. This fee is non-refundable and covers up to
$3,000 of damage to the unit. To view the policy click
here.
i.
If ReserveMyHome complies with this Paragraph 4C, You will indemnify
ReserveMyHome from any claim, damage or loss from a renter for the return of a
security deposit. This Paragraph 4C survives termination of this agreement.
e.
Credit, Collection and Management Services: ReserveMyHome processes rental
customer's credit cards on Your behalf and retains a Booking fee. ReserveMyHome
shall provide all accounting services necessary for the processing of such
monies. In providing accounting services necessary for the processing of
monies, ReserveMyHome shall maintain written books of account, kept in
accordance with generally accepted accounting principles. ReserveMyHome shall
keep all money received in a trust account maintained for the benefit of
ReserveMyHome at a federally insured institution.
f.
Credit Cards and Chargeback Management: ReserveMyHome accepts most major credit
cards from rental customers in order to reserve Bookings for You. By signing
this Agreement You assume the risks of charge-backs. ReserveMyHome will use all
possible resources to fight any chargeback ReserveMyHome receives for Your
Booking(s), but if ReserveMyHome is unsuccessful You agree to reimburse
ReserveMyHome the full amount deducted from ReserveMyHome's account minus the
total fee earned on the reservation. ReserveMyHome will only be liable, under
all circumstances, for the total Booking fee ReserveMyHome earned on the
booking. For example, if rental customer charges back the $2000 on a
reservation that ReserveMyHome is entitled to a $300 Booking fee, and
ReserveMyHome fights but loses the chargeback, You will reimburse ReserveMyHome
$1700, which is $2000 minus ReserveMyHome's $300 fee.
g.
You the Renter agree that in the event of minor damage, loss, or other real
damage to the vacation rental agree that ReserveMyHome will charge your credit
card on file for this damage or loss. You hereby grant permission for us to
charge your credit card in the amount of said damage per the owner's written
estimate. The maximum allowable charge under this agreement is $400.00 USD.
h.
Removal of part or all of your vacation rentals listed on the website: Property
manager, agent or manager will provide 30 day notice in writing to
cancel@reservemyhome.com explaining the reason for removal inventory and allow
ReserveMyHome a reasonable amount of time to remedy the complaint.
5.
THE RENTAL CONTRACT.
a.
You agree to all of the terms and conditions of Your personal rental contract
for Your property. You will hold harmless and indemnify ReserveMyHome from any
double booking, loss, liability, claim, damage, fine, and unavailability of
your home from a renter or guest. You also agree to ReserveMyHome's Cancellation
Policy.
b.
When a Renter reserves Your Property, we will inform You by providing You email
or phone notice. Subject to ReserveMyHome's cancellation policies as provided
in this Booking Agreement and/or our Terms of Use. A renter may be charged a
cancellation fee in connection with terminating the Rental Contract. ReserveMyHome
will establish the terms and conditions of any refund per our refund and
cancellation policy of a Renter's payments to You for terminations and
cancellations ReserveMyHome charges Renters and or Owners a cancellation fee.
6.
RESERVEMYHOME'S FEES.
- Renter Processing
fee; all renters pay a $39.99 processing fee to ReserveMyHome, LLC at the
time a reservation is made.
- Any change to a
reservation, if we can accommodate the change within 90 days before the
arrival date by the Renter or Owner-Property Manager to a reservation
(i.e., arrival, departure) = a $39.00 fee from the Renter, Owner, Manager or
Agent to ReserveMyHome, LLC paid by the person making the change.
- Cancellation policy
and Refunds for the Olympics: There are no refunds for homes booked in
British Columbia (i.e. Vancouver, Whistler etc) for reservations made for
a stay starting January 1, 2010 through March 31, 2010.
- Renter pays a
$30.00 Security Deposit Waiver Fee instead of a large security deposit.
- 50% of the entire
booking fee is required at the time of booking for all 2010 rentals.
RESERVEMYHOME OWNER
FEES:
- Short-term rental
Owners, Property Managers and Agents agree to pay a Booking fee of 15% to
ReserveMyHome, LLC based only on the nightly combined rental fee. [For
example at 15%; A combined nightly rental fee of $1,000 = $150.00 paid
from Owner-Property Manager to ReserveMyHome,LLC at the time of booking.]
- ReserveMyHome's
minimum booking fee is $100.00
- Double Bookings;
You the Owner-Manager agree to pay a $100.00 cancellation fee within 5
business days and at the sole judgment of ReserveMyHome, lose your
membership and access to ReserveMyHome.com website.
- Any change to a
reservation, if we can accommodate the change within 90 days before the
arrival date by the Renter or Owner-Property Manager to a reservation
(i.e., arrival, departure) = a $39.00 fee from the Renter or Owner-Manager
to ReserveMyHome, LLC paid by the person making the change.
- Rental Fees for the
Olympics: A booking fee (using USD Dollars) of 20% for British Columbia
rentals during the "Olympic games," (January 2010 through March
2010) will be charged to Owner, Property or Agent. Renters pay 50% upfront
starting April 1, 2009. The balance is due within 90 days prior to their
arrival. All rents will be mailed to Owners within 7-14 days after your
renter departs.
6.1 Reserve My Home Refund And Cancellation Policy.
This
ReserveMyHome home "refund and cancellation policy" supersedes any and all
refund and cancellation policies, by an Owner, Property Manager, Agent or User:
a) Booking deposits and fees ARE REFUNDABLE ONLY within the
first 24 hours after the initial reservation has been placed. Any cancellation
made 91 calendar days or more in advance of the arrival date are refundable
less 50% (paid to ReseveMyHome) of all paid fees by renter.
b) There are NO REFUNDS under any condition, circumstance,
illness, or acts of nature (i.e. floods, weather, earthquakes, flight
cancellations, etc.) for cancellations made within 90 calendar days prior to
your "the renters" arrival date. There are no refunds for late arrivals and or
early departures however at the sole discretion of ReserveMyHome $50.00 fee may
be applied to a reservation for early non-requested arrival.
c) To cancel your reservation without penalty you must send
ReserveMyHome an email to; cancel@reservemyhome.com which must include your
Transaction Number provided in your reservation confirmation, name of rental
and your arrival date. Otherwise, the reservation will be considered final and
subject to cancellation fees. NO EXCEPTIONS.
d) DOUBLE BOOKINGS BY OWNER, PROPERTY MANAGER OR AGENT; You
agree to pay a $100.00 cancellation fee within 5 business days and at the sole
judgment of ReserveMyHome and lose your membership and access to
ReserveMyHome.com website at the sole judgment of ReserveMyHome.
e) You the Renter agree and accept that ReserveMyHome may
charge your credit card on file for the balance due per your reservation on or
after the 45 th calendar day prior to your reserved arrival date.
Please see (4.f) of this agreement for charge back information.
f) All sign up fees are non-refundable for any reason.
7.
PAYMENTS TO YOU THE OWNER, AGENT OR PROPERTY MANAGER. Once you are a verified
owner, agent or property manager, we will collect all fees on Your behalf and
deposit said fees into the ReseveMyHome, LLC Trust Account. Upon receiving full
payment from your Renter usually 45 days prior to their arrival date,
ReserveMyHome will reimburse You less our booking fee.
PLEASE
NOTE: All payments are sent out after your renters' payment has cleared the
ReserveMyHome Trust account (approximately 3 business days). All cleared
payments are mailed one time per week.
7.1 DELIVERY OF PAYMENT. ReserveMyHome, (UPON
A RENTERS FULL PAYMENT and BANK CLEARANCE) sends all monies (to owners, agents and
property managers) weekly as a standard bank check sent via U.S. certified mail
within the USA. All other payments outside the USA (i.e. Canada, Mexico etc.)
are sent by a trusted and secure mailing service along with a tracking number
to the email and physical address you provide upon sign up.
PLEASE
NOTE: Most renters and or guests make their final payment as close to the
check-in date as possible but in accordance to the terms and conditions of the
ReserveMyHome 29 day prior to check-in final payment policy.
7.2 RESERVEMYHOME VERIFICATION PROCESS. As in any type of business or service,
there is the risk of theft or fraud. ReserveMyHome takes proactive steps to
VERIFY the actual vacation rentals and responsible person(s) listed on its
website. To become a verified vacation rental owner or agent we require the
following information prior to making your rental live on our website for
instant or call-in or pre-authorization bookings;
a.
Copy of your vacation rentals utility bill with your name and address displayed
on the bill or;
b.
Copy of your property tax bill with your name and address displayed on the bill
(you do not have to share the amount of your property tax with us).
Please
fax or email all documents to:
C/o:
Verification Department
Email: info@ReserveMyHome.com
Fax: 1
(775) 832-2553
8.
NONCIRCUMVENTION. You agree not to circumvent ReserveMyHome in renting Your Properties. For
example, You will not contact a Renter using information You receive from our
Services in a manner we prohibit, or cancel a Rental Contract with a Renter
procured from this Website after obtaining the Renter's contact information,
then arrange for rental or use of the Properties by any means other than
pursuant to this Agreement.
9.
CONTENT IN YOUR LISTING INFORMATION AND USE OF SERVICE. You hereby grant to
ReserveMyHome and its partners an unlimited right to use in any way whatsoever,
in perpetuity, the content provided in Your Listing Information or resulting
from Your use of the Service.
10.
TERMS AND CONDITIONS AND PRIVACY POLICY. Your use of the Service shall be subject to
the terms and conditions of our ReserveMyHome Privacy Policy and Terms and
Conditions as set forth at our privacy
policy and our terms
of use and conditions respectively as updated from time to time by us.
11.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN
RISK. RESERVEMYHOME PROVIDES THE SERVICE ON AN "AS IS" BASIS.
RESERVEMYHOME AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED. RESERVEMYHOME MAKES NO
REPRESENTATION, GUARANTY, WARRANTY, OR OTHERWISE, WHETHER EXPRESS OR IMPLIED,
REGARDING INCOME POTENTIAL, PROFITABILITY, OCCUPANCY, OR PROFITABILITY
REGARDING, RELATING OR PERTAINING TO ANY REVENUE YOU MIGHT ANTICIPATE REALIZING
BY USING RESERVEMYHOME'S SERVICE. RESERVEMYHOME DOES NOT WARRANT THAT THE
OPERATION OF THE RESERVEMYHOME SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
12.
LIMITATION OF LIABILITY. RESERVEMYHOME AND ITS SERVICE PROVIDERS SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE.
13.
RELEASE.
YOU HEREBY RELEASE RESERVEMYHOME AND ITS EMPLOYEES, AGENTS, AND THIRD PARTY
SERVICE PROVIDERS FROM ALL CLAIMS, CAUSES OF ACTION AND ANY OTHER LIABILITY
WHICH ARISES FROM, RELATES TO, OR IS CONNECTED WITH YOUR USE OF THE SERVICE. IF
YOU ARE A RESIDENT OF A STATE WITH A LIMITATION ON RELEASES AND WAIVERS OF
THIRD PARTIES- SUCH AS CALIFORNIA UNDER CALIFORNIA CIVIL CODE 1542-YOU
HEREBY WAIVE ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT
STATE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
14.
INDEMNIFICATION.
BY USING AND OR VIEWING THE WEBSITE OR USING ANY RELATED SERVICE OFFERED BY
RESERVEMYHOME YOU AGREE TO INDEMNIFY, PROTECT, DEFEND AND HOLD RESERVEMYHOME,
ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS,
OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY
CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
LEGAL FEES, COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT
YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE
SERVICE, YOUR VIOLATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND
WARRANTIES HEREIN, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR FOR ANY CLAIM OR
DEMAND REGARDING ANY INSTANT BOOKING BUTTON VIOLATIONS. RESERVEMYHOME AND ITS
DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES ARE NOT
RESPONSIBLE OR LIABLE IN ANY MANNER FOR PERSONAL INJURY TO ANY PERSON OR FOR
THE LOSS OR DAMAGE TO ANY PERSON'S REAL OR PERSONAL PROPERTY RESULTING FROM ANY
ACT OR OMISSION NOT CAUSED SOLEY BY RESERVEMYHOME'S NEGLIGENCE, INCLUDING, BUT
NOT LIMITED TO INJURIES OR DAMAGES CAUSED BY: (A) ACTS OF THIRD PARTIES (FOR
EXAMPLE, VANDALISM, THEFT, OR OTHER CRIMINAL ACTS); (B) FREEZING OR LEAKING
WATER OR LEAKING WATER PIPES; (C) A DANGEROUS CONDITION OR ENVIRONMENTAL
CONDITION ON THE PROPERTY; OR THE PROPERTY'S NON-COMPLIANCE WITH ANY LAW OR
ORDINANCE. RESERVEMYHOME IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR: (A)
ANY LATE FEES OR OTHER CHARGES YOU INCURE TO ANY CREDITOR CAUSED BY LATE OR
INSUFFICIENT PAYMENTS BY ANY RENTERIN THE PROPERTY; (B) OR DAMAGES TO YOU
CAUSED BY A TENANT'S BREACH OF A LEASE. YOU AGREE THAT ANY CLAIMS OF ANY NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE
TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE, WEBSITE OR RESERVEMYHOME ARE
HEREBY WAIVED BY YOU NOW AND FOREVER. YOU WAIVE CALIFORNIA CIVIL CODE 1542,
WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF A STATE WITH ANY
SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES, YOU HEREBY WAIVE
ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE TO THE
MAXIMUM EXTENT ALLOWED BY LAW.
15.
TERMINATION AND UPDATES TO THIS AGREEMENT. This Agreement shall automatically
renew for successive one year periods unless one party gives 30 days prior
written notice to the other party of such party's intent not to renew this
Agreement. From time to time ReserveMyHome may update this agreement without
notification. Reserve My Home may also cancel your property at anytime without
prior notice.
16.
DISPUTE RESOLUTION.
In the event of a dispute, You and ReserveMyHome agree to an action in small
claims court or to submit to binding arbitration. Arbitration shall be
conducted by a person licensed to practice law and knowledgeable in the area of
dispute, selected from a panel of arbitrators based in Washoe County, Nevada.
The arbitrator shall apply governing substantive law in making an award. The
arbitration hearing shall be conducted in Washoe County, Nevada. All costs
associated with the dispute resolution shall be divided equally between the
parties. You hereby waive any claim that Washoe County, Nevada is not a
convenient forum for You or that the State of Nevada does not have jurisdiction
over You.
17.
ATTORNEY FEES. In the event of any arbitration or litigation arising out of this Agreement,
You shall be responsible for paying all attorney fees and costs incurred by
ReserveMyHome.
18.
SALE OF RENTAL(S) AND ASSIGNMENT OF YOUR RIGHTS. You agree to notify
ReserveMyHome within 24 hours of putting any rental on the market for sale.
After ReserveMyHome is notified ReserveMyHome will not reserve that rental more
than 60 days out from the current date if at all. If You do not notify ReserveMyHome
within 24 hours of putting any rental on the market for sale and/or
ReserveMyHome finds out Your rental is on the market for sale, ReserveMyHome
will immediately suspend all Your rentals from ReserveMyHome's Service and will
not take future reservations. You agree to use its best efforts to notify
ReserveMyHome within 24 hours when the sale of rental(s) goes into Escrow and
to inform ReserveMyHome how long they believe Escrow will last. You must obtain
consent from ReserveMyHome before assigning this Agreement.
19. COMPLIANCE WITH DISABILITY ACCESS LAWS. You hereby covenant and agree
with ReserveMyHome that You shall, at all times during the term of any rental
contract with Customer, comply with any and all governmental regulation
regarding access of disabled persons, including without limitation, Titles III
and V of the Americans With Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et
seq. or any other similar federal, state or local laws or ordinances and the
regulations promulgated thereunder (collectively Disability Access Laws).
ReserveMyHome shall not be liable for any failure by You to comply with the
requirements of the Disability Access Laws during the term hereof and You
expressly releases ReserveMyHome and ReserveMyHome's affiliates from any and
all liability for any failure by You to so comply. You shall indemnify, defend
and hold ReserveMyHome and ReserveMyHome's affiliates harmless from and against
any and all claims and demands for loss or damage, including claims for
discrimination, personal injury, monetary damage or injunctive relief arising
out of or in connection with any failure or alleged failure of the rental to
comply with the Disability Access Laws, and You shall reimburse ReserveMyHome
and ReserveMyHome's affiliates for all costs and expenses, including reasonable
attorneys and other professional or consultants fees and costs, paid or
incurred by ReserveMyHome and ReserveMyHome's affiliates in connection with the
defense of any such claims including, but not limited to, all costs for
research regarding settlement or other preventive measures which ReserveMyHome
or ReserveMyHome's affiliates may take prior to the filing of such action or to
attempt to prevent the filing of such an action.
20.
RESERVEMYHOME ASSIGNMENT. ReserveMyHome has the right to voluntarily, by operation
of law, or as a result of a sale of all or substantially all of ReserveMyHome's
assets used in connection with performing this Agreement assign this Agreement
or any of its rights or delegate any of its duties, or other interests in this
Agreement at any time to ReserveMyHome's Affiliates without Your consent. In
the case of such assignment ReserveMyHome guarantees the performance of and
causes ReserveMyHome's Affiliates to assume all obligations of ReserveMyHome
under this Agreement and the rights and obligations of this Agreement shall
bind and ReserveMyHome's Affiliates.
21.
SEVERABILITY.
If any provision of this Agreement is found to be unenforceable, the remainder
will not be affected. Any provision found to be invalid will be enforceable to
the extent permitted by law. If two interpretations may be given to any
provision, one of which will render the provision unenforceable, and one of
which will render the provision enforceable, the interpretation rendering the
provision enforceable will be adopted.
COUNTERPARTS
AND FACSIMILE. This Agreement may be executed in any number of counterparts and transmitted by
facsimile or other electronic means and be considered valid, binding and
effective for all purposes.
Signed __________________________________
Dated __________________________________
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