Co-hosting contract template for the US

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Co-hosting contract template for the US

I understand how co-hosting works, specifically regarding how payments are made between host and co-host via Airbnb.  I am working on an agreement with a host to serve as their co-host.  We want to create a contract between the two of us outside of Airbnb's "Terms of Service" pertaining to Co-Host services.

 

Rather than reinventing the wheel, we are wondering if anyone has a template for such an agreement that they would be willing to share.

 

Can anyone help or point us in the right direction (besides the obvious of hiring a lawyer for $200 an hour)?

 

Thanks.

 

 

Top Answer
Lisa723
Level 10
Quilcene, WA

Here is mine, originally co-authored with an attorney in Washington State:

 

This Co-hosting agreement (herein the Agreement) is between A (“Owner”) and B, independent contractor, (“Host”) for the leasing/rental of vacation homes, <names>, <address>. This agreement supersedes all previous agreements.

All bookings will be made via Airbnb, VRBO, or Trip Advisor (Flipkey), unless by specific agreement between Owner and Host. Owner and Host can each accept bookings. Owner and Host will split all rent receipts, 70% to Owner and 30% to Host, regardless of who accepts which bookings. 100% of guest cleaning fees will go to Host. Airbnb receipts will be split by Airbnb and paid directly to each party. Owner will collect VRBO and Trip Advisor receipts and transfer Host’s share to Host monthly no later than the fifth of each month, by mailed check or direct deposit according to Host’s preference.

Owner may use either or both homes without payment, at will, but will ensure all dates are not booked and are blocked in all calendars in advance of her use. Owner will pay Host standard cleaning fees for cleaning during and/or after any such use.

Host will not advertise or otherwise market the property.

This Agreement shall be effective from the date it is signed by both above parties and shall automatically renew monthly. Either party may terminate this agreement at any time without cause with thirty days’ written notice to the other party.

Either party may terminate this Agreement at any time without notice for cause if the other party fails to meet any of the terms of this agreement.

Upon termination of this agreement payments for all pre-existing reservations for dates beyond the termination date shall revert to owner.

Owner will:

  • Maintain Airbnb, VRBO, and Trip Advisor listing websites, giving Host full access to view and edit.
  • Set nightly rental rates on all sites.
  • Ensure all calendars are immediately updated with any new booking or booking change.
  • Maintain the property and its furnishings appropriately to attract desirable guests.
  • Promptly address any maintenance or repair need reported by Host.
  • Make every effort to schedule any foreseeable contract work (e.g. septic and water system maintenance) when Owner will be present.
  • Obtain Host’s consent before scheduling any such work that must be done when Owner cannot be present.
  • Pay for all maintenance and repairs, including landscaping, and water service—either directly or by reimbursing Host if/when Host considers direct payment infeasible.
  • Provide Host with a business-use credit card for incidental expenses required to keep guests comfortable and happy.
  • Provide Host with a key to Owner’s <TOWN> PO Box for collection of mailed liability waivers or other miscellaneous items.
  • Maintain business license, and file and pay all lodging and sales taxes.
  • Keep electricity, property tax, and property insurance payments current.
  • Maintain a $1,000,000 umbrella liability insurance policy.

Host will:

  • Act as primary point of contact for guests.
  • Respond promptly and professionally to all guest inquiries and requests (goal: within one hour to email/text/alert and immediately to phone call).
  • Communicate proactively with guests to ensure any concerns are known and addressed.
  • Review each guest on Airbnb or VRBO post-departure, and encourage guests to review the property/host.
  • Ensure only guests who have signed liability waivers have access to boats.
  • Ensure all calendars are immediately updated with any new booking or booking change.
  • Inspect the property between guest rentals and immediately report any maintenance or repair need to Owner.
  • Receive all guest cleaning fees and be responsible for cleaning the houses between guests, including hauling garbage and recycling.
  • Clean and maintain both hot-tubs.
  • Provide all cleaning supplies and equipment, and basic household supplies including paper towels, toilet paper, sponges, dish soap, laundry detergent, hand soap, shampoo, conditioner, and shower gel.
  • Perform an annual spring "deep clean" to be charged (hourly) to Owner.
  • Schedule ongoing hot tub, landscaping, and water service, and act as primary point of contact for same.
  • Assist with scheduling, and be present to supervise, any contract work that must be done when Owner cannot be present.
  • Mail receipts/invoices for any charges to business-use credit card to Owner at least once per month.
  • Occasionally (no more than twice in any month) pick up packages from <TOWN> US Post Office at Owner’s request.
  • Provide Owner 30 days’ notice of any period when Host will be on vacation or otherwise unable to directly support guests, to allow arrangement of a back-up—except for an emergency absence (serious illness, bereavement, etc.).
  • Maintain a $500,000 umbrella liability insurance policy.

 

This Agreement is based upon the mutual promises and consideration detailed above and reflects the mutual assent of the parties.

This Agreement is fully integrated.  It constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement.  This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter of addressed in this Agreement, whether oral or written.

The Host agrees to defend, indemnify and hold forever harmless the Owner from any and all claims, demands or causes of action that arise out of any claim by any third party, including but not limited to any claims for contribution, indemnity or subrogation brought in any claim alleging negligence or intentional tort.

In the event that there is a dispute regarding the terms of this Agreement, and legal action becomes necessary to enforce any of the terms herein, the parties agree that jurisdiction and venue shall be <COUNTY>, <STATE>.  In the event that one or more of the parties commences a legal action to enforce the terms of this contract, the substantially prevailing party may be entitled to reasonable attorney fees and costs incurred in bringing the action.

 

 

________________________________________                            _____________________________________________                                                                                                       

A, Owner                          Date                                                               B, Host                               Date

 

 

View Top Answer in original post

40 Replies 40
Diana1650
Level 2
New York, NY

Thanks for sharing as I found it helpful, I'm trying to become a cohost and/or property manager

Diana B.
Marlene192
Level 2
Columbia, NC

Superhost looking for a co-host in Key  West.  In The Meadows neighborhood (White (W)/Eisenhower (E)/Truman (S)/Angela (N)).  Our on-site co-host sold her unit and headed to Colorado.  We take care of bookings.    We will personally manage interactions with AirBnB and any challenging guest issues.  Co-host  is local contact with guest when needed, is present or helps with logistics  if we have a maintenance issue (rare), reviews condition of unit pre arrival and post departure, and provide advice on how to review.  Could also manage cleanings (2X mo.) or handle cleaning themselves.  Our experience is that unless the co-host also cleans, there is typically very little for co-host to do other than be friendly and answer questions that happen to come up if the co-host actually meets guest.  This should be a relatively low guest interaction scenario. 

This is a stretch as this was posted almost 2 years ago but if you're in need of a co-host in Tampa or Central Florida you can definitely reach out to me I'm currently running one property and about to manage another. 

Please I need ur help I want to be a co host but am figuring out everything no landlord is giving me a reply please how do you talk to landloads mostly if you can't manage to reach on the place physically is it possible

 

airbnb management service agreement document

Very helpful and thanks for posting your agreement.

 

one question, why would the host hold the owner harmless? I would think it should be the other way around? hoping you can clarify.. Thank you. 

 

"The Host agrees to defend, indemnify, and hold forever harmless the Owner from any and all claims, demands or causes of action that arise out of any claim by any third party, including but not limited to any claims for contribution, indemnity or subrogation brought in any claim alleging negligence or intentional tort."

This is from so long ago.  But you do look to be correct, although the owner would seek some protections/indemnifications of some sort as well.   The simpler the better.

Thank you so much Lisa!

Hi

I know this message is really old but I came across it doing research. How where you all able to get the conversation started with the property owner you were cohosting for? Also what were the methods in choosing the property?

Long time between posts here, but in case this will help you or someone else: check out Airbnb's (relatively new) Experienced Co-hosts page if you're interested in becoming a co-host. I've also heard that real estate investor clubs are a good place to make local contacts.

 

Good luck!

Robert8610
Level 2
Jersey City, NJ

Thanks for starting this thread Dawn and Stephen0! I'm in a similar position where I've created a contract/agreement for co-hosting for my first client. 

 

I've included it directly below (in case anyone wants to borrow or shamelessly steal!) - but in the spirit of sharing and supporting each other, would also LOVE any feedback from other experienced co-hosts on anything I'm missing, should add, or should change. 

 

Thanks, all, and happy reading/feedback'ing!

 

Short-Term Rental (STR) Co-Hosting Agreement

 

This Short-Term Rental (STR) Co-Hosting Agreement ("Agreement") is made and entered into on ______________ (the "Effective Date") by and between:

 

Host:

Name: _______________________________  

Address: _____________________________

Email: _______________________________

Phone: ______________________________

 

Co-Host:

Name: _______________________________

Business Name: _______________________  

Address: _____________________________  

Email: _______________________________  

Phone: ______________________________

 

Collectively referred to as the “Parties.”

 

  1. Scope of Services

 

The Co-Host agrees to provide the following services for the Host's STR property located at:  

Property Address: _______________________________________

 

Initial Setup Services:

- Listing Setup Fee ($_________): Includes creating and optimizing the listing, automating guest communication, and setting up pricing tools.

- Furniture Setup & Design ($_________): Includes designing the layout and selecting furniture and decor to enhance the guest experience.

- Ordering Furniture & Decor ($_________): Includes ordering all required furnishings and decorations to prepare the property for guests.

- Initial Deep Cleaning ($_________): A thorough cleaning of the property before the first guest stay.

- Professional Photography ($_________): High-quality images to attract guests and optimize listing performance.

 

Ongoing Services (15% of Monthly Revenue for 6 Months):

For a fee of 15% of monthly revenue, the Co-Host will provide:

- Ongoing Listing Management: Continuous updates and monitoring to ensure optimal performance.

- Guest Communication: Handling all guest inquiries and messages with a Service Level Agreement (SLA) of responding within 1 hour, typically 5-10 minutes.

- Minor Repairs/Maintenance: Managing small repairs and coordinating with contractors if needed.

- Pricing Optimization: Adjusting prices dynamically to maximize revenue based on market trends.

- Maximizing Occupancy: Driving occupancy above market averages using best-in-class strategies.

- Cleaning Coordination: Scheduling and managing cleaning services between guest stays.

- Consultation: Regular consultation with the Host on property performance and improvements.

 

  1. Host Responsibilities

 

To ensure the smooth management of the property, the Host agrees to:

- Compliance: Obtain and maintain all necessary permits, licenses, and registrations required by local authorities for short-term rentals.

- Insurance: Maintain adequate property and liability insurance to cover potential guest damages or claims. The Co-Host shall be listed as an additional insured on the policy.

- Utilities and Taxes: Ensure all property utilities (electricity, water, gas, etc.) are fully operational and up to date. The Host is responsible for paying all taxes associated with the property, including occupancy and STR taxes, unless otherwise agreed upon.

- Major Repairs: Cover the costs of any major repairs or renovations that exceed routine maintenance responsibilities managed by the Co-Host.

 

  1. Insurance and Liability

 

- Host Insurance: The Host shall maintain an insurance policy covering property damage, personal injury, and liability for the property. The Co-Host shall not be liable for any damages caused by guests unless arising from Co-Host negligence.

- Indemnity: Each Party agrees to indemnify, defend, and hold the other Party harmless against any and all claims, liabilities, losses, and damages (including legal fees) arising from their respective actions or omissions under this Agreement.

 

  1. Service Limitations & Exclusions

 

The Co-Host will not be responsible for:

- Major Repairs: Structural repairs, HVAC system replacements, or other significant renovations that fall outside routine maintenance.

- Evictions or Legal Issues: The Co-Host will not handle legal disputes, evictions, or issues outside of guest communications.

- Non-Guest Services: The Co-Host will not be responsible for long-term tenants or non-STR services unless explicitly agreed upon.

 

  1. Expenses and Reimbursement

 

- Routine Expenses: The Co-Host may handle routine expenses for cleaning, small repairs, and guest amenities under a limit of $__________ per month without prior Host approval. Any expenses exceeding this amount will require Host approval in writing.

- Reimbursement: The Host agrees to reimburse the Co-Host for any approved expenses incurred on behalf of the property, such as repairs, maintenance, or guest-related services. Reimbursement will be due within 15 days of receiving an expense report.

 

  1. Guest Damage and Security Deposits

 

- Damage Claims: The Co-Host will manage guest claims for damages through Airbnb, VRBO, or other platforms. The Host will be responsible for covering any damages that exceed the guest’s security deposit or platform insurance coverage.

- Security Deposits: The Co-Host will collect and manage security deposits on behalf of the Host to cover potential damages, with proper documentation provided in the event of claims.

 

  1. Taxes

 

- Occupancy and STR Taxes: The Host is responsible for all taxes, including occupancy and STR taxes, unless agreed that the Co-Host will handle these filings. If the Co-Host manages taxes, additional fees may apply, and the Host will be notified in advance.

 

  1. Performance-Based Terms

 

The Co-Host agrees to meet the following performance expectations:

- Timelines: Meeting all agreed-upon timelines for listing and unit setup.

- Guest Communication: Responding to guest messages within 1 hour (usually within 5-10 minutes).

- Revenue & Occupancy: Achieving or exceeding reasonable revenue and occupancy goals, in line with projections from AirDNA or similar tools for STRs of comparable whole units.

 

If the Co-Host successfully meets or exceeds these performance expectations during the first 6 months of the Agreement, the Parties will renegotiate the contract terms, including the monthly revenue percentage. If the Co-Host’s performance is satisfactory, the fee will increase to 20% of monthly revenue.

 

  1. Contract Review and Termination

 

Review Period:

After the initial 6 months, the Parties will review the Co-Host’s performance. If the Co-Host is meeting or exceeding expectations, the monthly fee will increase to 20%, as outlined above.

 

Termination by Either Party:

- Either Party may terminate this Agreement at any time with 30 days' written notice for any reason, including dissatisfaction with performance or a change in business models.

- Performance-Based Termination: If the Co-Host fails to meet the agreed-upon performance metrics (timelines, guest communication, or revenue/occupancy targets), the Host may terminate the Agreement with 30 days' notice.

 

  1. Payment Terms

 

- Initial Setup Services Payment: Payment for initial setup services will be due upon completion of the setup process and delivery of all listed services.

- Ongoing Services Payment: The 15% monthly fee will be deducted from the revenue generated from bookings on a monthly basis for the first 6 months. After 6 months, the fee will be renegotiated based on performance, with a potential increase to 20%.

 

  1. Dispute Resolution

 

In the event of a dispute, the Parties agree to first attempt mediation. If mediation fails, the Parties may pursue arbitration before initiating any legal proceedings. Any legal actions will be governed by the laws of the State of ____________.

 

  1. Force Majeure

 

Neither Party shall be held responsible for any delay or failure in performance caused by circumstances beyond their control, including but not limited to natural disasters, pandemics, governmental restrictions, or other unforeseen events. 

 

  1. Confidentiality

 

The Co-Host agrees to maintain the confidentiality of all information related to the Host's property, financial details, and other proprietary information.

 

  1. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the State of ___________.

 

  1. Entire Agreement

 

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior agreements, negotiations, and understandings, whether written or oral.

 

  1. Signatures

 

By signing below, both parties acknowledge that they have read, understood, and agree to the terms and conditions outlined in this Agreement.

 

Host 

Signature: ________________________  

Name: ____________________________  

Date: ____________________________

 

Co-Host:

Signature: ________________________  

Name: ____________________________  

Date: ____________________________

 

---

 

This revised contract includes key elements like Host responsibilities, insurance, taxes, performance review, and termination processes, offering a more comprehensive and protective agreement for both parties.