We have had our house on Airbnb for the last two years in a ...
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We have had our house on Airbnb for the last two years in a popular tourist town and it has been very successful. Which now w...
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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.
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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:
Host will:
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
This would be a very helpfull addition.
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:
Host will:
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
Thanks!
Why would co-host need umbrella liability insurance if owner has property covered? Just curious, and really appreciate the information you provided above! Thank you.
@Joel167 My attorney recommended this addition to protect me (owner), but of course it also protects my co-host. The scenario is the guest is harmed via an (accidental, presumably) action by my co-host. The guest sues my co-host (and, potentially me) but the co-host has no insurance and not a huge amount of assets, so the guest can't realistically extract any payment from her, therefore comes after me. Yes, presumably my insurance would kick in, but nevertheless it would be an enormous hassle with potential financial/legal consequences for me, especially if damages exceeded my insurance coverage.
Especially since our property is waterfront and the co-host is controlling guests' access to watercraft, this scenario is imaginable.
Basically the idea is we could both be sued, and a lawsuit could come after both of our assets, so we should both be protected.
Yeah that makes sense to me. I would also go that route in your shoes. Thank you!
THANK YOU! This is so helpful. Bless you!
Thank you for sharing!
Have you done any updates to it? How many listings do you co-host for?
can you email me in pdf or word document
I know this thread is 2 yrs old sorry for a late reply: You can copy/paste into word then edit as you see fit inside Microsoft Word. Then press CTrl button on your computer 1st and hold it down and while holding Ctrl button down, press the letter P on your computer keyboard. That opens up print, then when choosing a printer , don't. Instead select save to pdf. If you need help understanding how to copy/paste, you can just reply to me and I will get an email alert.
@Sherri176 It's never too late for some good advice!
I'm tagging @King165 here so they receive a notification of your message. This ensures that they get a notification that you've replied to them specifically. 😊
Thank you Rebecca!
You are a gem! Thank you.