THIS Owner’s Vacation Rental Agreement (the “Agreement”) is dated and effective the above date (the “Effective Date”), between Keylink, LLC, a Colorado limited liability company (“Keylink”), and the Homeowner named below (“Homeowner”), sometimes referred to singularly as Party or collectively as the Parties. By signing below, the Parties agree to and enter into this Agreement.

1. Overview.

Short term vaca0on rentals are a popular way to maximize a property’s income producing potential. Homeowner desires that Keylink provide the short-term vacation rental services for the property identified above (the “Property”). Keylink is a match-making service, connecting potential guests with your Property. In addition, Keylink offers other services as specified on the incorporated “Rate Sheet.” “Guest” means persons/entities (other than the Homeowner and its personal-guests) that inquire or make a rental-booking for the Property.

2. Services.

Keylink will facilitate and manage the short term vacation rental of Homeowner’s Property, including photography of the Property, marketing and promoting the Property for rental, booking reservations, management of the reservation calendar, management of Guest experience, receive and handle calls from Guests, inspection of the Property following each Guest stay, restocking and housekeeping after each Guest stay, collection and disbursement of reservation payments, and provide monthly accounting statements. (the “Services”).

3. Payments; Disbursements; Taxes.

For each rental-booking, the rental payment is collected from the Guest through the vacation rental website where the reservation is booked and deposited into a Keylink bank account. By the 15th calendar day, Keylink will disburse to Homeowner the preceding month’s collected payments, by electronic transfer to Homeowner’s specified bank account.  Keylink will deduct from the disbursement the credit card processing fees incurred, reimbursable expenses for the Property, cleaning fees, Supplies fees (defined in the Housekeeping Policy), Keylink’s Compensation, and the applicable sales and lodging taxes. Keylink will calculate applicable taxes relating to short term vacation rental of the Property booked through Keylink, will collect such tax amounts from Guests, and will remit such amounts directly to the taxing authority on Homeowner’s behalf. Pursuant to IRS requirements, Homeowner must provide an IRS Form W-9 to Keylink. Homeowner, as owner of the Property, is solely responsible for special assessments, fines, or determinations of tax status or payments pertaining to the Property. Homeowner expressly agrees it is not relying on Keylink for any tax advice, and Keylink does not offer or provide tax advice. 

 

4. License, Permits, Homeowners Association, and Local Government.

Homeowner agrees it is responsible for obtaining consent from the applicable homeowners’ association that the Property is permitted to be used as a short-term vacation rental. Homeowner agrees it may be responsible for obtaining a certificate or permit for short-term rental of the Property if the local government with jurisdiction over the Property requires such.

5. Representations and Acknowledgements.

Homeowner represents that the Property is allowed to be used as a short-term vacation rental by the applicable owners’ association, local law, and otherwise, and will complete and sign the incorporated Homeowner Affidavit to confirm the Property’s compliance with short-term vacation rental and safety requirements. Homeowner acknowledges that on occasion, neighbors take issue with short-term vacation rentals and guests, and that Keylink has no control over or responsibility for neighborly issues. Homeowner acknowledges that use of the Property will require expenditures for upkeep, maintenance, and wear and tear. Homeowner understands that Keylink incurs start-up and ongoing costs in connection with the Services and agrees that in the event the Property is shut-down as a short-term vacation rental, such costs must be reimbursed, as specified in this Agreement and Keylink policies.

6. Keylink's Compensation.

Keylink will receive an 18% management fee from Homeowner based on the Total Nightly Rate for each rental-booking (“Keylink’s Compensation”). “Total Nightly Rate” means the total nightly rate charged for each rental-booking of the Property, and includes additional person charges, pet fees, and event fees. “Total Nightly Rate” does not include any of the following items: taxes, cleaning fees, damage deposit, property damages, listing service fees, Supplies fee, and other ancillary charges that are charged directly to the Guest. In addition, and if applicable, Homeowner will pay Keylink for all additional items that are beyond the scope of Services, and for all additional items selected on the Rate Sheet.

7. Availability and Listing Costs.

Homeowner acknowledges and agrees that the success of the Property as a short-term rental depends on it being available for rental to Guests. Homeowner agrees to the following regarding Listing Costs:

8. Authority and Exclusivity.

Homeowner agrees that Keylink will be the sole and exclusive short-term rental service provider for the Property, and that no other manager or agent will provide marketing, promotion, or reservation-booking for the Property. Keylink has exclusive authority to set the Guest rental rates.

9. Release, Limited Liability, Indemnification. 9.1 Release. 

Homeowner acknowledges Keylink is a service provider for booking vacation rental reservations, not an on-site manager for the purpose of maintaining secure and safe premises, and Homeowner expressly releases Keylink from all claims, demands, damages, and legal, equitable, and administrative remedies, of every kind and nature whatsoever, except for breach of contract of this Agreement.

 

9.2 Limitation of Liability.

Homeowner acknowledges Keylink is not an owner of the Property and does not exercise control over the physical premises. Although Keylink provides the Services and enters contractual agreements with Guests and third-party vendors, Keylink has no control over Guest’s and vendor’s conduct. Homeowner agrees Keylink is not responsible for any liability related to or in connection with the Property and the Services, except as specifically provided in this Agreement. Homeowner agrees that it is responsible for all liabilities claimed by Guests and vendors in connection with or related to the Property, and Keylink is not responsible for any such liabilities. Homeowner agrees that any claim for damage or liability that it has in connection with or related to the conduct, actions, and/or omissions of Guests or vendors will be made directly against such party, and Keylink is not responsible for any such liabilities. For all claims made by Homeowner against Keylink, Homeowner’s recoverable damages against Keylink are strictly limited to the amount of fees paid by Homeowner to Keylink under this Agreement.

9.3 Indemnification.

In consideration of the Services performed by Keylink, Homeowner agrees to indemnify, defend, and hold harmless Keylink, to the fullest extent permitted by law, from all claims, damages, losses, and expenses (including attorney’s fees expended by Keylink and/or assessed to a claimant), for (a) bodily injury, disease, death, (b) loss or damage to tangible property, and (c) debts, obligations, and liabilities relating to or connected with the Property and the Services. This indemnity shall be effective regardless of whether the claim or loss is caused in some part by a party to be indemnified.

10. Term and Termination, Reimbersables.

10.1 Term.

This Agreement will begin as of the Effective Date and continue until the Termination Date (such period being the “Term”).

10.2 Termination By Notice.

Either Party may give advance written “Notice of Termination” to the other party at any time. Following Notice of Termination, the “Termination Date” shall be the checkout date of the last existing reservation that is in place on the Property’s calendar as of the date the Notice of Termination is delivered. Upon delivery of the Notice of Termination, Keylink will block out all listings and calendar dates following the Termination Date, and Keylink has sole discretion to take down all listings for the Property. During the “Termination Period” (the period between the date of delivery of the Notice of Termination and the Termination Date), the Parties agree to honor existing and interimly booked reservations, fulfill all obligations with respect to the reservations and this Agreement, and that Keylink may (but is not obligated to) continue to accept and manage reservations that are booked for dates during the Termination Period. This Agreement terminates upon expiration of the Termination Period on the Termination Date. Upon termination, Homeowner agrees to reimburse Keylink as specified in this Agreement and Keylink policies.

10.3 Immediate Termination.

If Keylink determines, in its discretion, that Homeowner breached, violated, or caused a violation of this Agreement or a Keylink policy, then Keylink may terminate this Agreement by providing notice of same to Homeowner, setting forth the effective date for termination (whether immediate or otherwise), and without need to specify cause. Immediately following such notice to Homeowner, Keylink will take down all listings for the Property and will cancel all existing reservations following the immediate-termination notice, and Homeowner agrees to indemnify, defend, and hold harmless Keylink in connection with same. If this Agreement is terminated pursuant to this Section 10.3 (Immediate Termination), Homeowner agrees to reimburse Keylink as specified in this Agreement and Keylink polices, and Homeowner’s obligations under this Agreement and Keylink policies shall remain in full force and effect until fully performed.

10.4 Payment of Reimbursements and other Amounts.

All amounts referenced in this Agreement as payable by Homeowner and/or reimbursable to Keylink may be deducted from Homeowner’s internal Keylink account (that temporarily holds funds on owner’s behalf, not bank account) or charged to a credit card. Keylink does not provide or offer a bill-pay service for the Property, however, Keylink reserves the right to pay providers directly. In the event Keylink is notified of a past-due invoice by a third party (that Keylink engaged on Homeowners’ behalf), Homeowner agrees Keylink may pay the past due invoice. Homeowner acknowledges this is necessary to maintain a good relationship with local vendors. Homeowner agrees that in the event Keylink pays a past due invoice on Homeowner’s behalf, Homeowner will reimburse Keylink for the amount of the invoice plus an additional fee equal to 18% of the invoice gross total. 

 

11. General Provisions.

11.1 Listings, Photos and Intellectual Property.

The Parties agree Keylink is the owner of the online listings for the Property, all content and text in such listings, and all photography and images in such listings, and has no duty or obligation to deliver same to Homeowner.

11.2 Notices. 

Any notice that either party may be required or may desire to give to or serve upon the other shall be in writing, addressed to the addresses first set forth above, and delivered via email, unless otherwise required by law. A Party may change its address or the addressee for notice by written notice given to the other.

Policies, Additional Terms and Conditions.

Homeowner acknowledges the below listed and incorporated policies (as amended by Keylink from time to time) are available on www.Keylinkvr.com, that each contains additional covenants, policies, terms, and conditions, that Homeowner has had the opportunity to review same, and agrees to same in entirety.

Entire Agreement, Policies. All documents and policies referenced in this Agreement are incorporated by this reference, and together constitute the Parties’ entire agreement. THE UNDERSIGNED, have read and understand this Agreement, have had the opportunity to review it with their counsel, and voluntarily agree to and enter it effective the Effective Date entered.