sample hsh contract

hsh property management agreement

This Rental Property Management Agreement (“Agreement”) is made by and between
Home Sweet Host, LLC, a California corporation located at PO BOX 171171, Santa Rosa, CA, 95405 (“Manager”), and _________________________________________, a person or persons residing at
_________________________________________________ (“Host”), with regards to the property located at
_________________________________________________ (“Property”). This Agreement is entered into and
agreed upon between Manager and Host as of the last date of signature below (“Agreement Effective Date”). Manager and Host hereby agree as follows:
1. DEFINITIONS.
1.1 A “Booking” is the reservation of the Property by a third-party for a specified period of time, and the fees paid by that third-party for that reservation.
1.2 A “Guest” is a third-party who has agreed to a Booking of the Property.
1.3 “Available” means the time a Property is made available for rental to Guests by the Manager.
1.4 “Long Term” refers to a type of Booking in which a Guest stays for not less than thirty (30) days.
1.5 “Short Term” refers to a type of Booking in which a Guest stays for less than thirty (30) days.
1.6 “Full Year” refers to a Short Term condition in which Host’s Property is Available at least ten (10) months within a twelve (12) month period.
1.7 “Seasonal” refers to a Short Term condition in which Host’s Property is Available at least three (3) months, but less than ten (10) months, within a twelve (12) month period. “Season” refers to a given window of three (3) to ten (10) months in which Host’s Property is Available.
1.8 “Full Time” refers to a Short Term condition in which Host’s Property is Available at least twenty-eight (28) days per month.
1.9 “Part Time” refers to a Short Term condition in which Host’s Property is Available at least fifteen (15) day per month, but less than twenty-eight (28) days per month.
1.10. “Holiday” refers to a Short Term condition in which Host’s Property is Available less than fifteen (15) days per month.
1.11 “Full Year Full Time” refers to a situation in which Host has made Property Available Full Time for a Full Year.
1.12 “Full Year Part Time” refers to a situation in which Host has made Property Available Part Time for a Full Year.
1.13 “Full Year Holiday” refers to a situation in which Host has made Property Available for Holiday(s) for a Full Year.
1.13 “Seasonal Full Time” refers to a situation in which Host has made Property Available Full Time, for a Season or Seasons.
1.14 “Seasonal Part Time” refers to a situation in which Host has made Property Available Part Time, for a Season or Seasons.
1.15 “Seasonal Holiday” refers to a situation in which Host has made Property Available for Holiday(s), for a Season or Seasons.

1.16 “Availability Levels” refer to whether a given Property is Available: Long Term;
Full Year Full Time; Full Year Part Time; Full Year Holiday; Seasonal Full Time; Seasonal Part
Time; or Seasonal Holiday.
1.17 “Third Party Rental Platforms” include online systems including but not limited
to Airbnb, HomeAway, and VRBO, that allow Hosts or their representatives to source Bookings
by Guests.
1.18 “Consumables” are items reasonably consumed by Guests during Bookings
including but not limited to paper towels, napkins, straws, toilet paper, tissues, large trash can
bags, small trash can liners, dish soap, kitchen sponges, dishwasher detergent, shower gel
soap, hand soap, shampoo and conditioner, laundry detergent, ant traps, and coffee supplies.
1.19 “Linens” include, but may not be limited, to bed linens (casings, sheets and
pillow cases) for Guest beds, and towels for Guest use in bathrooms and kitchens.
1.20 “Currency” is in the form of US Dollars and shall be indicated by the “$” symbol
herein.
1.21 “Written Approval” means written consent, typically provided in advance, and
may be delivered in the form of letter delivered via United States Postal Service or other delivery
service (“letter”), electronic mail (“email”), SMS text (“text”), or other messaging systems such
as may be in use in Third Party Rental Platforms or at Manager’s website (“message”).
1.22 “Parties” shall mean the signatories to this Agreement, that is, the Manager and
Host.
1.23 “Complaints” are any complaints made by Guests during or after Bookings
regarding the accommodations provided at the Property or in regards to the Property, whether
made orally or in writing.
1.24 “Hosting” is the process and financial arrangements whereby Host enables
Property to be provided to Guests for the purpose Bookings.
1.25 “Property Representations” include all offline and online representations of the
Property such as may be used for achieving Guest Bookings, including but not limited to Third
Party Rental Platforms, social media, advertisements, marketing campaigns, promotions,
Manager’s website and other third party websites.
1.26 “Assisted Check Ins” are Guest check-ins to Property for a Booking in which the
Manager must let the Guest into the Property in person. Assisted Check Ins by definition
exclude check ins where a lockbox is provided, a smart lock with code is installed, or there is
any other provision or means for a Guest to gain access to the Property without the Manager
having to send a person to meet the Guest (“Unassisted Check Ins”).
1.27 “Host Account” is a customer identification record in Guesthop’s database of
customers for Host.
1.28 “Host Payout” is the monthly payout to Host of funds received for Guest
Bookings that month, less any applicable Management Fees, and less any other miscellaneous
fees and/or payments due to Manager, including but not limited to Assisted Check In Fees,
Consumables Restocking Fees, Repair Costs, Emergency Fees, Refund Costs, Remediation
Costs, and Host Cancellation Fees.
1.29 “Written Notice” is any verbal notification provided by either Party and delivered
in the form of letter delivered via United States Postal Service or other delivery service (“letter”),
or via electronic mail (“email”). Written Notices may not be delivered via SMS text messaging or
other electronic messaging systems other than email.

2. SERVICES. Upon the Agreement Effective Date, Manager will use commercially
reasonable efforts to manage the Property in an effort to generate Bookings (“Services”).
Services include, but are not limited to, managing the Property’s online presence and Property
Representations; responding to prospective Guest inquiries in advance of Bookings; setting
pricing for Property; managing Bookings via Third Party Rental Platforms, Manager’s website
and other third party websites; maintaining the Property (excluding normal wear and tear);
restocking the Property with Consumables; having Linens cleaned; checking-in Guests; actings
as Guests’ primary point of contact during Bookings; handling Guest emergencies; managing
post-Booking Property reviews of Property; and collecting payments for Bookings.
Notwithstanding this paragraph, the following shall apply:
2.1 Repairs and Maintenance. In the event repair and/or maintenance is deemed
necessary, Manager is authorized and pre-approved by Host to undertake any repair(s) under
$300.00. In the event any repair and/or maintenance is estimated to exceed $300.00, Manager
will obtain Host’s Written Approval prior to engaging a third party vendor. In the event any repair
and/or maintenance is undertaken, Manager will deduct these fees from Host Payout. (“Repair
Costs”)
2.2 Emergencies. In the event of an emergency, such as any situation
compromising the safety and/or well-being of a Guest, which requires Manager’s involvement,
as solely determined by Manager, Manager’s involvement for the first hour is included within the
Management Fees charged for the Services. If Manager’s involvement extends beyond one (1)
hour, Manager’s fees are $40.00 per hour (“Emergency Fees”); Emergency Fees will be
deducted from the Host Payout.
2.3 Cleaning. Manager manages and oversees all turnover cleanings between
Guests’ Bookings, which may be accomplished via the use of third-party cleaners. In the case of
use of such third-party cleaners, Manager will train, schedule, and regularly monitor the
performance of such third-party cleaners. Guests pay the cleaning fee, and Manager collects
and remits to cleaners. Extra cleanings not related to Guest Bookings, such as periodic deep
cleanings, seasonal cleanings and the like, are paid for by the Host.
2.4 Refunds for Complaints. Manager is authorized to refund Guests who have
made a Complaint if, in Manager’s sole discretion, Guest complaints were related to the
Property. If the Complaint arises out of Manager’s actions on inactions, Manager will be
responsible for all costs related to the refund. If the Complaint arises out of Host’s actions or
inactions with regards to the Property, Host is fully responsible for such costs related to the
refund (“Refund Cost”).
3. HOST ACKNOWLEDGEMENTS, REPRESENTATIONS, AND WARRANTIES. The Host
acknowledges, represents, and/or warrants that:
3.1 Bookings are subject to fluctuating market conditions and demand, and Manager
bears no responsibility for any failure(s) to obtain Bookings.
3.2 From time to time, Manager may use third-parties, including but not limited to
exterminators, plumbers, electricians, locksmiths and handymen, to perform the Services.
3.3 It is not the Manager’s responsibility to determine the eligibility or legality of
Hosting. Host acknowledges that Host has all legal authority necessary to make Property

available for Hosting, and hereby indemnifies Manager against any and all claims from any and
all governmental agencies against the Host and/or Property alleging that the Hosting is or was
being done in violation of any federal, state, or municipal codes, laws, or regulations.
3.4 Any equipment provided by Manager to perform the Services are and will remain
the Manager’s property.
3.5 Manager may modify, add, or reduce the Services with 7 days’ written notice to
Host; Host will have the option of terminating the relationship without penalty should they not
accept such modifications, additions, or reductions.
3.6 Manager is not responsible for wear and tear of the Property as is typically
associated with Hosting. Host acknowledges that Hosting is likely to result in such level of wear
and tear that is beyond that which would occur if Host were not engaged in Hosting. Examples
of such Hosting wear and tear include but are not limited to scuffs on walls and floors, stains on
furniture, broken handles, door knobs and locks and increased wear and tear on household
appliances and fixtures. Notwithstanding this, in the event that a Guest were to significantly
damage Host’s Property, Host retains the normal rights and privileges to recoup such costs as
are in effect via the relevant Third Party Rental Platform’s rules, regulations, and procedures,
and may fully avail themselves of such rules, regulations and procedures.
3.7 Host is legally authorized to enter into this Agreement, and to grant Manager the
ability to perform the Services. Host is lawfully permitted to utilize Manager’s Services, and does
so at their own risk.
3.8 Host will maintain the Property in good physical and habitable conditions. This
includes but is not limited to: (a) ensuring the provision of utilities such as heating, potable hot
and cold water, electricity, and Internet WiFi access; (b) ensuring that the Property is not
suffering from surface or air-borne mold in excess of mold levels immediately outside the
Property; (c) ensuring that the property is safe and free from any obstructions, entanglements,
or other physical hazards that could injure Guests; (d) ensuring that the Property is not suffering
from any hazardous contamination including but not limited to asbestos contamination of living
quarters; (e) ensuring that Property is not suffering from bed bug infestation, and that all
mattresses and pillows are encased. In the event that it becomes known to either of the Parties
that there arises or is any problem such as are enumerated in the aforementioned, including but
not limited to a utility outage, a mold problem, a physical safety issue, a hazardous
contamination problem, or a bed bug infestation, the Party learning of such will immediately
inform the other Party within twenty-four (24) hours, orally or in writing, and the Parties agree
that (a) at the Manager’s sole discretion, Property may be temporarily made not Available for
Guest Bookings; (b) Manager will recommend remediations for the particular problem that
arises; (c) Host will bear responsibility for remediating such problem, and will so remediate the
problem in a timely manner. Notwithstanding these responsibilities, Manager may assist Host in
the remediation of such problems up to one (1) hour at no additional charge to Host. For time
beyond one (1) hour, Manager’s fees are $40.00 per hour (“Remediation Costs”).
3.9 Host will make the Property physically available to Manager at all times that this
Agreement is in effect, by providing access with keys, codes, or other means of entry.
3.10 Host understands and acknowledges that Manager shall be the exclusive
provider of Services for the Property, and that Host shall not contract with any other third parties
to provide the Services enumerated herein. In the event that Host sources a Guest Booking

during the time this Agreement is in effect, such sourcing will not prevent the Manager from
receiving Management Fees. (See Section 4.2)
3.11 Unless otherwise mutually agreed to in writing, Manager will purchase the
required number of sets of Linens for the Property, plus a reasonable number of backup sets.
Linens are and will remain the property of Manager.
3.12 During the term of this Agreement, and for a period of twelve (12) months after
termination of this agreement for any reason, Host shall not solicit any employees, staff, or
contractors of Manager for the purpose of direct employment or contract work with Host for any
of the Services offered by Manager.
3.13 Host understands that during the term of this Agreement, and in the course of
Manager’s provision of Services described herein, Host will not have direct account access to
the Third Party Rental Platforms where their Property Representations are listed, owing in part
but not solely to security measures in place at Third Party Rental Platforms, which may identify
verified computer systems accessing the Third Party Rental Platforms and which may reject
unverified computers.
3.14 Host understands that Manager is not liable for Property Damages caused by, or
claims made by, any Guests pursuant to their Bookings at Property. Third Party Rental
Platforms may provide insurance for such circumstances; Hosts understand that they should
confer with individual Third Party Rental Platform guidelines and policies for more information.
3.15 Host understands that beyond the Manager Services and Fees described herein,
they are responsible for payment of Third Party Rental Platform platform fees (“Platform Fees”).
Platform Fees are charged by the Third Party Rental Platforms for the use of the Third Party
Rental Platform service.
4. FEES.
4.1 Set-Up Fee. A one-time initial Set-Up Fee of __________ will be due by the Host
to Manager within twenty four (24) hours of Agreement Effective Date, covering the Manager’s
initial costs in preparing the Property for Hosting. These may include, but are not limited to:
initial labor involved in onboarding a Guesthop Host Account; creating/optimizing Property
Representations; developing instructions for cleaners; creating Property guide books for Guests;
photography; cost of Linens; initial stocking of Consumables; addressing individual Property
issues, if any.
4.2 Management Fees. In exchange for the Services, Manager will receive a
percentage of each and every Booking (“Management Fees”), as set forth below. All
Management Fee rates are set on a yearly basis. For situations in which the Availability varies
throughout the year, the then-applicable Availability Level in effect will be based on the total
amount of Hosting done within a twelve month period. At the end of the first twelve month
period, and after each subsequent twelve month period in which this Agreement is in effect, the
qualifying Availability Levels will be reset.
4.2.1 For Long Term: 15%
4.2.2 For Full Year Full Time: 20%
4.2.4 For Full Year Part Time: 20% (min 3 mos availability in a calendar year)
4.2.5 For Full Year Holiday: 30%
4.2.6 For Seasonal Full Time: 25%
4.2.7 For Seasonal Part Time: 25%
4.2.8 For Seasonal Holiday: 30%

Notwithstanding the above, not all Availability Levels may be available at all times for Property.
For example, the Seasonal Holiday Rate may not be available unless Property has, within the
previous twelve (12) months, been available at the Seasonal Part Time or Seasonal Full Time
Availability Level. This Agreement does not spell out all requirements for all Availability Levels.
INITIAL TO INDICATE HOST HAS READ AND UNDERSTANDS SECTION 4.2: ________
4.3 Assisted Check In Fees. If Manager is required to provide Assisted Check Ins,
either by request of the Host or by the absence of a means to provide for Unassisted Check Ins
at the Property, an additional fee of $50 per Assisted Check In will apply. Assisted Check In
Fees will be remitted from the Host to Manager in the form of deductions from Host Payout.
4.4 Consumables Restocking Fee. For as long as this Agreement is in effect, and
during any month in which Property is Available for any part of that month, a Consumables
Restocking Fee shall apply, and which will be payable by the Host,
according to the following:

$40.00 for a Property with a maximum occupancy of two (2) people
$50.00 for a Property with a maximum occupancy of four (4) people
$75.00 for a Property with an occupancy of six (6) or more people
4.5 Host Cancellation Fee. In the event Host cancels a Booking, Host will reimburse
Manager for any costs incurred as a result of Host’s actions, as well as paying Manager
fifty-percent (50%) of the Management Fee due. If there is a Third Party Rental Platform
cancellation fee, Host will be responsible for this as well. (“Host Cancellation Fee”)
4.6 Other Fees. In addition to the fees enumerated in Section 4, other fees mentioned
throughout this Agreement, including but not limited to Repair Costs, Emergency Fees, Refund
Costs, Remediation Costs, and Host Cancellation Fees, will also apply.
4.7 Payment of Fees to Manager. Unless otherwise agreed to in writing, Host will receive
monthly all funds due to Host resulting from Manager’s management of Property Hosting, no
later than ten (10) business days following the end of the previous month. Such Host Payout will
be net of all fees and payments due to Manager by Host as defined in this Agreement. Please
note that variations in the timing of receipt of funds may occur as a result of Host’s bank, and in
no case shall Manager be responsible for delays in payment arising from problems at the Host’s
bank.
5. LIMITATION OF LIABILITY. Unless a result of gross negligence, the liability of either
Party to the other for any type of damages is limited to the total amount of three (3) months’ of
Manager’s Fees under this Agreement, based on an average of all Manager’s Fees paid out
monthly under this Agreement.
6. TERMINATION. Host or Manager may terminate this Agreement, for any reason, upon
thirty (30) days’ Written Notice to the other Party (“30 Day Notice Period”). For Bookings made
by Manager that extend beyond the 30 Day Notice Period (“Extended Bookings”), Manager will
receive 50% of the Management Fee. This will be deducted from the final Host Payout, which
may be withheld until such Extended Bookings are completed, in whole or in part, at the
Manager’s sole discretion, in order to cover the Management Fees due under this section.

6.1 Release of Liability Upon Termination. WIthin thirty (30) days of termination of
this Agreement, Host, Host’s family, employees, employers, agents, heirs, successors, assigns,
attorneys, and insurers (“Releasors”) forever release and discharge Manager, Manager’s
principals, staff, partners, shareholders, officers, directors, affiliates, agents, successors,
assigns, attorneys and insurers (“Releasees”) of and from any and all claims (including, without
limitation, claims for attorneys’ fees, costs, damages or restitution), debts, liabilities, demands,
obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature,
character and description, known, unknown, discovered, undiscovered, suspected or
unsuspected which Releasors own or hold or have owned or held. Releasor (on behalf of
Releasors) expressly waives the provisions of Section 1542 of the California Civil Code and
Releasor understands that such section provides: “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.”
7. PROMOTION. Manager may utilize any media, including but not limited to photographs
and video, of the Property in and for any Property Representations such as are used directly or
indirectly for the purpose of securing Guest Bookings.
8. STATE OF CALIFORNIA; DISPUTES. This Agreement will be governed by the laws of
the State of California without regard to its choice of law principles. Any dispute related to this
Agreement will be brought in any state or federal court in the Northern District of California.
Notwithstanding the foregoing, the Parties agree that any dispute related to this Agreement is
subject to mandatory mediation, then arbitration if good faith efforts at mediation are
unsuccessful. In the event mandatory mediation and arbitration are unsuccessful, the Parties
agree that a lawsuit pursuant to the provisions of this Section is the final dispute mechanism.
The Parties hereby agree and acknowledge that each is bound by the terms and conditions of
this Agreement, and causes this Agreement to be effective as of the Agreement Effective Date.
Each signatory to this Agreement agrees that he/she/it has the authority to bind the party upon
whom it is signing.
Home Sweet Host                                             HOST:

Signature: _________________________            Signature: _________________________
Name:                                                               Name: ____________________________
Title: CEO                                                         Title (if legal entity): _________________
Date: _____________________________            Date: _____________________________

 

 

Calculation of Set-Up Fee

Item Amount
Linens
● # beds x # of sets needed (2-3 sets)
● mattress and pillow casings (1 per bed/pillow)
● # bathroom bath towels, hand towels & washcloths (2-3 sets)
● # kitchen towels (2-3)
Photography
● images needed for online listings
● images needed visual cleaning & stocking checklists; visual
inspections; Guest support
Consumables
● initial stocking of paper towels, napkins, straws, toilet paper,
tissues, large trash can bags, small trash can liners, dish soap,
kitchen sponges, dishwasher detergent, shower gel soap, hand
soap, shampoo, conditioner, laundry detergent, ant traps, coffee
supplies
● may include other specialty items specified by Host
● may include Guest welcome-gifts such as wine, candy, flowers,
etc.

Set-Up Labor Costs
● One-time set-up work by Manager

  • $200

  • Other

  • Total Set-Up Fee: