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.

 

 

1 Best 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 Best Answer in original post

38 Replies 38
Christopher2
Level 3
Cumnor, United Kingdom

This would be a very helpfull addition.

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

 

 

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

You are a gem! Thank you.

Agree 100%!

Thank you so much for sending this! This is amazing. Love this community. 

Terry226
Level 1
Mechanicsville, VA

We have decided on our co-host and will be out of the country while he lives at our house and manages the bnb. My husband wants a contract to protect our home from inappropriate use (crazy parties, etc.) Is that built in to the co-hosting agreement or do we need a separate contract with the co-host.