Use, Binding Effect.

Homeowner agrees that by using KeyLink’s website and Services, it agrees to be bound by the Homeowner Agreement. Homeowner agrees KeyLink may change the terms of the Agreement, including KeyLink Compensation, the Rate Sheet, and all KeyLink policies by giving Homeowner 60-day’s advance written notice, with a list of the changed/updated terms that take effect 60 days after such notice date. All bookings made after the effective date of the notice will be subject to the new terms as provided in such notice.

Counterparts, Binding Effect.

The Agreement may be executed in multiple parts and by any number of counterpart signature pages and may be exchanged by electronic or any other means, all of which taken together constitute one and the same original Agreement with the same effect as if each of the signatures were originals affixed to the same instrument.

Accounting Statements.

KeyLink will provide Homeowner with monthly accounting statements for the Property as part of the Services. For an additional fee specified in the Rate Sheet, KeyLink will prepare additional accounting reports.

Authority.

Homeowner represents and warrants it is authorized to sign the Agreement and has full power and authority to bind the Homeowner and the Property to each and every provision therein.

Interpretation.

The Parties agree the language of the Agreement will not be construed presumptively against any of the Parties, drafter or otherwise. Any use of the singular, plural, or gender specific terms in the Agreement or herein shall be construed to mean the singular, plural, or gender as the context may require. A reference to any specific part of the Agreement or a Policy shall include that part and all its subsections. All capitalized and/or quoted terms have the meaning as specifically defined. Time is of the essence regarding all matters in the Agreement.

Cooperation.

The Parties promise to timely cooperate with each other in good faith in connection with any steps to be taken as a part of the Agreement (e.g. executing and delivering documents), and take all other actions, as either Party may reasonably request from time to time in order to effectuate the provisions, and to take such further actions, as any Party may reasonably request in order to fulfill the intent of the Agreement and the transactions contemplated, without additional consideration.

Waivers.

The waiver by one or more of the Parties one or more times of a breach of any part of the Agreement is not a waiver of the breach of any other part of the Agreement nor of a subsequent breach of the one waived.

Force Majeure. 

Neither Party will be liable for its failure to perform if such nonperformance is caused, wholly or in part, by any occurrence beyond the Party’s reasonable control (including acts of God; fires; floods; wars; terror; sabotage; epidemics; quarantines; labor disputes or shortages; governmental laws, ordinances, rules, and/or regulations, whether valid or invalid; inability beyond its control to obtain any item or service necessary for performance; delays in transportation; delays in delivery; and any other similar or different occurrence); provided, however, that obligations for payment shall not be relieved or suspended by any event of force majeure. The Party whose performance is prevented by any such occurrence shall notify the other Party in writing as soon as is reasonably possible after the commencement of such occurrence, and will promptly give written notice to the other Party of the cessation of such occurrence. The Parties promise to use reasonable commercial efforts to mitigate any damages and remedy or remove such event of force majeure as expeditiously as possible. Any time for performance hereunder will be extended by the actual time of delay caused by the force majeure occurrence.

Credit Cards.

Homeowner may request that KeyLink keep on record Homeowner’s credit card information for the purpose of covering costs recited in the Agreement, and otherwise pertaining to the Property and its short-term vacation rental. KeyLink may, but has no obligation to, agree to maintain such credit card information on file. In the event KeyLink agrees to maintain such information on record, Homeowner agrees to all the terms and conditions in the KeyLink Credit Card Policy. Nothing in this paragraph shall compel KeyLink to take any action which the Homeowner may take on its own to redress any need at the Property.

If Homeowner disagrees with or wishes to dispute any credit card charges processed by KeyLink, Homeowner shall notify KeyLink within 30 days of any disputed charge in order to resolve any dispute. Homeowner agrees not to dispute these charges with the credit card company until Homeowner has notified KeyLink of the disputed charge and made efforts to discuss the disputed charges with KeyLink directly. Declined, refused, and/or returned payments for checks or credit card payments may result in an additional minimum charge of $50 payable immediately to KeyLink.

Governing Law, Venue, Attorneys’ Fees.

The laws of Colorado govern the Agreement and all matters between KeyLink and Homeowner. The exclusive forum and venue for any legal action whatsoever pertaining to such shall be in the court of competent jurisdiction within the county of KeyLink’s principal office, and the Parties consent to personal jurisdiction in said county. The substantially prevailing party in any legal action brought hereunder shall be entitled to recover from the non-prevailing party its reasonable costs of such action, including reasonable attorney’s fees. A Party enforcing a judgment may collect from the judgment debtor all costs and attorneys’ fees incurred in enforcing the judgment.

General.

All definitions, terms, conditions, and agreements contained in KeyLink’s policies and the Agreement between KeyLink and Homeowner are incorporated and apply to this Policy.