Name ("Owner"):

Company Name:

Mailing Address:

Primary Contact Name:

Primary Email Address:

Primary Contact Phone No.: Text Friendly?

Secondary Contact Name:

Secondary Email:

Secondary Contact Phone No.: Text friendly?

Emergency Contact Name:

Emergency Contact Phone No.: Text Friendly?

Property Address (“Property” ):

Pet Friendly?

Proposed Start Date:

Notes & Dates to be Blocked:

Vacanza Stays, Inc., a California corporation (“Agent”), now agrees to provide various Property Management and Rental Services to the Owner (“Owner,” “Your,” “Yourself,” or “Their”) for the Owner’s Property located at the address listed on the Management Representation Agreement (“Property”) under the Terms and Conditions set forth herein and in the Management Representation Agreement (collectively, the “Agreement”). Owner agrees to abide and be bound by the terms of this Agreement.

  1. Definitions:
    1. (“Guest”): The primary guest is responsible for all payments and documents and ensuring their group abides by all rules while onsite during the entire reservation.
    2. Reservation (“Reservation” or “Booking” ): A reservation and/or booking is an agreement made between the Agent and the Guest in the representation of the Owner and is a legally binding agreement.
    3. (“VacanzaCover Fee”): This is a low-cost, non-refundable fee that the Guest pays. This fee covers up to an Agent’s specified amount in dwelling damage, contents damage, theft, and bodily injury. See more at VacanzaStaysVRM.com/VacanzaCover
    4. (“Security Deposit”): A Security Deposit is an Agent’s specified amount that the Guest pays at the time of booking. During the Guest’s stay, if anyone from the Guest’s group damages the Property or its belongings in any way, the total cost will be deducted from this amount, and the remaining balance will be paid back to the Guest.
    5. (“Gross Rent”): Gross Rent is the amount the Guest paid for the rent, not including taxes or fees.
    6. (“Direct Booking”): A Direct Booking is any booking made over the phone, via electronic communication or on our website at VacanzaStays.com.
    7. Online Travel Agency (“OTA” or “Platform” ): OTA’s are any booking agency outside of Direct Booking.
    8. Management Commission (“Management Fee” ): Management Commission is equal to of the Gross Rent less any OTA commissions generated by a booking for the Property.
    9. (“Net Rent”): Net Rent is calculated by deducting the OTA commission (if applicable) and the Management Fee from the Gross Rent amount.
    10. (“Taxes”): Taxes are the city and/or county-regulated amount based on the Gross Rent, which differs city by city and county by county.
    11. (“Fees”): Fees are additional charges to ensure the Property is well-maintained and ready for the next Guest.
    12. Total Booking Amount (“Grand Total” ): Total Booking Amount is the sum of the Gross Rent plus Taxes and Fees.
    13. (“Work Order”): A work order is the system the Agent uses to record all expenses such as upgrades, repairs and enhancements to the Owner’s Property, including license and permit fees.
    14. Pre-Authorized Amount (“Pre-Auth” ): Pre-Auth Amount is one-thousand and five hundred dollars ($1,500.00) and is the amount that the Agent can charge without prior approval on a per-work order basis.
    15. Credit Card Authorization Form (“CC Auth” ): The CC Auth Form is a form that provides the Agent with the Owner’s credit card for work orders executed by the Agent.
    16. (“Work Order Payment”): A Work Order Payment is usually a credit card method in which the Work Order gets paid.
    17. (“Short-Term Rental”): A rental period specified by the city and/or county where the Property is located by which regulating authority has been granted. Usually, this can be between 2 to 30 days.
    18. (“Long-Term Rental”): A rental period greater than the Short-Term Rental number of days. For example, if the Short-Term Rental days are specified as up to 30 days, the Long-Term Rental period will be 31 days or more.
    19. (“Booking Window”): Is the period in which a Reservation can be made.
  2. Term: Agent shall provide Property Management and Rental Services for the Property and provide reservation bookings for the Property from the Available Start Date listed on the Agreement until canceled by either party under Section 3 of this Agreement.
    1. Upon written notice, the Owner may close the reservations calendar for the Property for future bookings, provided this Agreement shall remain in place until 30 days after the Property’s final booking with a valid Rental Agreement (and shall remain in place in the event the Property is sold or transferred).
    2. All cancellations must be provided in writing. If either party is in material default of this Agreement, the other party may cancel this Agreement. Service shall commence on the date the Owner signs this Agreement.
  3. Termination: Any party may terminate this Agreement upon 30 days written notice. Cancellation shall be effective 30 days after the latest Property’s booking with a valid Rental Agreement. Upon termination, both parties agree that the Agent will be reimbursed for and/or compensated for all expenses, outstanding invoices and commissions incurred or accrued before the termination date. Notwithstanding anything to the contrary, this Agreement may be terminated by Agent upon 24-hour notice to Owner if, in Agent’s sole judgment:
    1. The Owner fails to keep the Property habitable under any law, governmental rule or Agent’s standards.
    2. The Owner attempts to discriminate against renters of the Property unlawfully.
    3. The Property condition or use violates any applicable law.
    4. The Owner blocks out an excessive amount of the calendar, defined as 90 days or more per year.
  4. Right to Rent: The Owner now grants the Agent permission to rent the real Property located at the address listed on the Management Representation Agreement (“Property”) on a vacation rental basis with a Booking Window of 2 years.
    1. The Owner always has the right to use their Property by notifying the Agent in writing or placing an owner block or maintenance block on the calendar through their Owner Portal, provided the Property has not already been booked.
    2. If the Owner does not honor a confirmed reservation and the Agent cannot relocate the Guest, or if the Guest refuses to be relocated. If the Agent is named in any legal action by the displaced Guest, the Owner shall be liable for all damages and attorney’s fees due to any such lawsuit or legal action.
    3. Except in the case of urgent and unscheduled repairs to the Property, if the Agent attempts relocation of the Guest upon the Owner’s request to another Property, the Owner shall pay the Agent $3,000. The Agent will attempt to relocate the Guest to a comparable Property. Still, if the Agent relocates the Guest to a more expensive Property, the Owner agrees to pay the difference in rental rate to the Agent.
    4. If the Agent cannot relocate, the Guest and the Owner don’t agree to honor the reservation. In that case, The Owner shall pay the Agent the Management Fee of the Gross Rent amount due for the reservation and the Agent may terminate this Agreement without 30 days’ written notice. The Owner agrees to allow the Agent to withdraw monies from the Owner’s Net Rent from another booking.
    5. The Owner is securing the Agent’s services to act on the Owner’s behalf to locate and book the Property with the potential Guests.
    6. The Agent collects a VacanzaCover Fee instead of a Security Deposit, which increases the chance of the Property booking.
  5. Rates: The Agent has the exclusive and irrevocable right to negotiate Rental Agreements, licenses, and leases and to manage the Property listing. The Agent shall determine nightly rates and has the right to adjust said rates to meet market conditions.
  6. Compensation & Payment:
    1. Owner agrees to pay Agent a Management Fee for any generated bookings for the Property.
    2. Agent shall collect rent, cleaning fees and other taxes and fees and issue payment to the respective parties.
    3. Upon the Guest’s check-out, the Agent will transfer the Net Rent via an Automated Clearing House (“ACH”), commonly known as direct deposit, based on the following schedule. Payments typically are received one business day later. However, the transfer will be initiated on the following bank business day if the payment date falls on a bank holiday.
      1. Short-Term Rental Booking: Payment will be initiated on the first Wednesday after the check-out date.
      2. Long-Term Rental Booking: Payment will be initiated on the first Thursday for the previously rented days each month. Final payment will be initiated on the first Wednesday after the check-out date.
    4. The Management Fee shall be considered earned by the Agent on the date the Guest of the Property signs the Rental Agreement.
    5. The Net Rent shall be considered earned by the Owner on the date the Guest of the Property signs the Rental Agreement.
    6. Guest’s cancellation policies differ from Direct Bookings, OTA’s and Platforms. If a Guest cancels a reservation, the Agent will issue payment for the amount that the Agent is paid under Section 6.1 of this Agreement and according to the individual reservation cancellation policy.
  7. “Master of the Calendar”: The Owner will allow the Agent to be the “Master of the Calendar” for the Property, meaning the Owner will check with the Agent before staying at the Property themselves and/or their live calendar in their Owner Portal.
    1. Long-Term Rental Property Owner agrees to make the Property available to Agent for Bookings no less than 275 days per year.
  8. Exclusivity:
    1. The Owner agrees that the Agent is the sole Rental Service and will not hire or utilize any other booking services professionally or personally. However, if the Owner contacts a potential Guest, they will refer them to our website or office to book.
    2. If the Property is leased, licensed or rented through the Owner’s efforts, another broker, or any other source. The Owner further agrees to pay the Agent a commission under Section 6.1.
    3. The Owner agrees they will not post ads on OTAs such as Airbnb, Booking.com, HomeAway, VRBO, TripAdvisor, etc. This is because the OTAs don’t like duplicate listings, and having duplicate listings causes many problems. Additionally, the Owner agrees not to list the Property with any other management company.
  9. Authorization: The Agent is authorized to:
    1. Show the Property to prospective Guests.
    2. Enter the Property for this Agreement.
    3. Transfer occupancy to Guest under reservations.
    4. A Guest can expect during the period of occupancy under a reservation entered into by the Agent. The Owner will not enter the Property or disturb the Guest Person without prior written consent from the Agent.
    5. Should the Owner interfere with a Guest’s reservation entered into by the Agent without the Agent’s prior consent, the Owner will, on demand, pay any non-administrative costs incurred by the Agent to transfer the Guest to suitable replacement accommodations.
    6. Use of pictures of the Owners Property in any marketing efforts.
    7. Use any correspondence, including but not limited to emails, text messages, etc., in any marketing efforts.
  10. Statements: Statements will be available for the previous month by the 15th of each month. The statement will include Gross Rent, Net Rent, Work Order Costs and Work Order Payments.
  11. Insurance, Hold Harmless and Liability:
    1. Owner agrees to hold Agent harmless from all claims, disputes, litigation or judgments arising from any incorrect information supplied by the Owner or any material fact known by the Owner concerning the Property which the Owner fails to disclose.
    2. The Owner represents that it is, or will be, the Owner of the Property. Therefore, the Owner assumes all responsibility for obtaining and maintaining all casualty insurance coverage.
    3. Owner agrees to carry at Owner’s expense liability insurance, in a minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence and One Million Dollars ($1,000,000) aggregate, with a company licensed in the state where the Property is located, naming Agent as an additional insured and/or additionally interested and to provide Agent with proof of such coverage.
    4. Agent shall not be liable for any neglect, abuse or damage to the premises or loss or damage to any personal property of the Owner caused by lessees and renters, vandals or others.
    5. Owner agrees to indemnify, defend and hold Agent harmless from any and all claims and lawsuits by third parties for any damages not caused by the willful and wrongful misconduct of the Agent.
    6. If the Agent is found liable to the Owner for any damages related to the Agent failing to perform, resulting in the loss of a booking. In that case, the Owner agrees that said damages are limited to the total booking amount.
    7. Agent shall not be liable for any loss, delay, injury or damage, whether indirectly or consequential, that may be caused by conditions beyond Agent’s control, including but not limited to acts of government, strikes, lockouts, force majeure, fire, explosion, theft, riot, civil commotion, war, malicious mischief, floods and other acts of nature.
  12. Property Repair, Maintenance and Expenses:
    1. The Owner represents and warrants to the Agent that all past repairs and remodeling on the Property performed during the Owner’s ownership has been completed in compliance with all required governmental permits and that the Property’s use is consistent with applicable zoning regulations. If any entity with the right to establish building codes for the Property requires the Property to be brought to code. The Owner shall assume all responsibility for any fines and/or fees assessed by said entity. The Owner shall immediately work with said entity to get the Property up to code.
    2. Agent shall conduct inspections of the Property and shall have the authority to authorize inspections of the Property by independent expert inspectors. Agent shall not be liable to Owner for any act, omission or breach of duty of such independent contractors, suppliers or inspectors.
    3. Owner shall provide Agent with a CC Auth from which the Agent may charge all Work Orders provided by Agent employees and/or Vendors up to the amount of the Pre-Auth.
    4. If the total amount of the Work Order exceeds the Pre-Auth amount, the Owner must Approve the Work Order in writing.
    5. The Agent agrees to hold the Owner harmless from all claims, disputes, litigation or judgments arising from any incorrect information supplied by the Agent or any material fact known by the Agent related to the Property.
    6. The Agent collects Work Order Payments through the Work Order.
    7. The Agent works with the best vendors and gets the best rates to ensure the Owner’s Property is cared for in the best possible way. To provide the best guest experience, which in turn gets the Owner’s Property the best reviews and higher nightly rates. We set the Pre-Auth to $1,500.00, so there is no delay in getting approval to resolve an issue immediately. To the extent practical, all work orders will be communicated with the Owner before work is performed.
      1. Example: A guest stays at the Owner’s Property, and the pool stops working at 5 PM on Saturday. We will dispatch an in-house technician; if we cannot resolve the issue, we will dispatch a vendor. The vendor finds that it is a part they have. We can now approve the repair and get the pool going for the guest. They are super happy and will leave a rave review. In addition, most annual business licenses are well over $1,000 per year, which is required to operate the rental. This also allows us to renew your business license immediately without delays or late charges.
    8. The Agent doesn’t deduct Work Order costs from Net Rent. However, the Agent may do so for any and all Work Order Payments not received after the Approval by the end of the month when the Work Order was issued.
  13. Ownership: The Owner warrants that the Owner is the sole Owner of the Property or has the authority to execute the Management Representation Agreement on behalf of any Co-Owner and that the Property is not subject to legal proceedings or foreclosure. The Owner shall have the authority to act and enter into further agreements with the Agent on behalf of all other Co-Owners.
  14. Agent Responsibilities:
    1. Agent agrees to use diligence in performing its obligations under this Agreement.
    2. The Agent is to deposit all funds received under this Agreement in a trust account maintained by the Agent.
    3. The Agent must collect, pay and keep records as the local transient occupancy tax ordinance requires.
    4. In the event a Guest takes possession of the Property and is moved for any reason to another property, the Grand Total collected for the entire length of the Guest’s stay in both properties will be allocated to the Owner’s Property on a pro-rata basis based on the number of nights the Guest stayed in the respective Properties.
    5. If a dispute arises with a Guest regarding the Property, on or after taking possession and for any reason, which is resolved by a reduction in the Gross Rent, it will be deducted from the next ACH payment.
    6. Agent shall schedule all Property cleanings associated with any and all reservations.
    7. Agent shall be the point of contact for Agent guests concerning gate codes, keys, entry codes, questions about the Property, repairs and maintenance. The Guest will be given a phone number to contact the Agent 24 hours, 7 days a week, with any questions or concerns about the Property.
    8. Agent shall restock expendables such as hand soap, dish soap, shampoo, conditioner, toilet paper, trash bags, paper towels, standard batteries, standard light bulbs (excluding LED types), dishwasher pods, and laundry pods at no cost to the Owner. Agent shall conduct check-in and check-out inspections of each Agent booking and take inventory of these items.
  15. Owner Responsibilities:
    1. The Owner shall be responsible for the safety of the Property.
    2. The Owner shall pay utility and service bills, including but not limited to phone, electricity, gas, water, cable, pool/spa service and Home Owner Association (HOA) fees.
    3. An Owner clean is required after each Owner Block or stay. When an Owner cleans their Property, this is not a Vacation Rental Clean, and further detail is required to ensure the next Guest doesn’t complain or issue a bad review. Unlike the guest cleaning, the Owner is only charged for the hours needed to complete the cleaning.

I, the Owner, agree to Vacanza Stays Terms and Conditions of Service listed above, and the Terms and Conditions shall be a supplement to and material part of this Agreement. By signing, I represent that I have read and agree to be bound by the Terms and Conditions. This Agreement (“Agreement”) shall become effective as of the Date signed below and continue thereafter until canceled in writing under the Terms and Conditions above.

 

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Signature Certificate
Document name: Management Representation Agreement (Customized)
lock iconUnique Document ID: 9cb90584b65674d14134da97c66a4a509ec86144
Timestamp Audit
July 11, 2022 10:36 am PDTManagement Representation Agreement (Customized) Uploaded by Karl Brown - Sign@VacanzaStays.com IP 67.49.13.54
July 11, 2022 10:45 am PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:45 am PDTZach Mogan - zach@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:45 am PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:46 am PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:46 am PDTZach Mogan - zach@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:46 am PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:49 am PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:49 am PDTZach Mogan - zach@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 11, 2022 10:49 am PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Karl@VacanzaStays.com as a CC'd Recipient Ip: 76.174.255.104
July 20, 2022 9:41 am PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 76.174.253.239
July 20, 2022 9:41 am PDTZach Mogan - zach@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 76.174.253.239
July 20, 2022 9:41 am PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 76.174.253.239
July 20, 2022 9:41 am PDTOmar Ayala - omar@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 76.174.253.239
October 5, 2022 12:39 pm PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 5, 2022 12:39 pm PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 5, 2022 12:39 pm PDTStefanie Downs - Stefanie@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 5, 2022 1:01 pm PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 5, 2022 1:01 pm PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 5, 2022 1:01 pm PDTStefanie Downs - Stefanie@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 5, 2022 1:01 pm PDTEvelyn Lua - Evelyn@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 17, 2022 3:10 pm PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 17, 2022 3:10 pm PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 17, 2022 3:10 pm PDTStefanie Downs - Stefanie@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 17, 2022 3:10 pm PDTEvelyn Lua - Evelyn@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
October 17, 2022 3:10 pm PDTEleazar Lua - Eleazar@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
January 20, 2023 3:56 pm PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
January 20, 2023 3:56 pm PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
January 20, 2023 3:56 pm PDTStefanie Downs - Stefanie@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
February 6, 2023 10:35 am PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
February 6, 2023 10:35 am PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
February 6, 2023 10:35 am PDTStefanie Downs - Stefanie@VacanzaStays.com added by Karl Brown - Owners@VacanzaStays.com as a CC'd Recipient Ip: 24.30.137.155
August 10, 2023 9:10 am PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.7.190
August 10, 2023 9:10 am PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.7.190
August 10, 2023 9:10 am PDTStefanie Downs - Stefanie@VacanzaStays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.7.190
August 10, 2023 2:46 pm PDTOnboarding Department - onboarding@vacanzastays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.7.190
August 10, 2023 2:46 pm PDTKarl Brown - karl@vacanzastays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.7.190
August 10, 2023 2:46 pm PDTStefanie Downs - Stefanie@VacanzaStays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.7.190
January 8, 2024 12:45 pm PDTOnboarding Department - Onboarding@VacanzaStays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.13.54
January 8, 2024 12:45 pm PDTKarl Brown - Karl@VacanzaStays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.13.54
January 8, 2024 12:45 pm PDTDenise Espinoza - Denise@VacanzaStays.com added by Karl Brown - Sign@VacanzaStays.com as a CC'd Recipient Ip: 67.49.13.54
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