The named owner or agent (collectively, the “Owner”) hereby enters into this advertising agreement (the “Agreement”) with VacaRenter, LLC, a Virginia limited liability company (the “Company”), on the terms and conditions set forth herein.

 

1.         Ownership and Authority.  The Owner hereby covenants and agrees that he or she either owns the property set forth above  (herein, the “Property”) or has the authority to rent the Property - or advertise such property for rent - without the consent or joinder of any other party.  The services of the Company are only available to the owners of the property listed above, or their agents, to the extent they can form a legally binding contract in the Commonwealth of Virginia.  If you are registering as a business entity, you hereby represent that you have the authority to bind the entity to this Agreement.

 

The Owner hereby agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the website, and proof of authority to list the property as the Company may request at any time and from time to time.

 

2.         Terms of Use Policy.  The Owner has read and understands the Terms of Use Policy  (the “Terms”) set forth on the website (the “Site”) and hereby consents to such Terms to the extent the Owner has not already done so.  The Owner understands the Terms may be modified from time to time without notice to the Owner, and the Owner further understands it may waive important legal rights by consenting to such Terms.  The Terms are incorporated herein and made a part of this Agreement by this reference.

 

3.         Payment and Commencement of Services.  All services shall be paid for by the Owner within five (5) days of acceptance of any rental request as set forth herein.  Notwithstanding the above, if the Owner requests the Company process credit card payments for the rental of such Property, the Owner hereby authorizes the Company to immediately deduct all advertising fees and credit card processing fees set forth on the Fee Schedule immediately upon payment by the renter.  In no event shall the Company be liable for the payment of interest on any amounts due to Owner hereunder.

 

This Agreement shall not constitute a completed contract until such time as the Agreement is executed by all parties hereto.  Payment for the services set forth herein shall be made in U.S. Dollars, paid either by major credit or debit card, cashier’s check, or by a personal check drawn on a U.S. bank.  The Owner agrees to pay an additional charge of $35.00 for any payment made by the Owner which is returned for insufficient funds.  The payments required pursuant to this Agreement are set forth on the attached Fee Schedule and incorporated herein by reference.  The Fee Schedule is subject to change at any time.

 

4.         Term.  This Agreement shall continue for a period of one year from the date of the last signature hereto, and shall automatically renew for additional one-year terms (the “Renewal Term”) unless the Owner gives at least 30-days advance written notice of its intent to terminate this Agreement.  During the Renewal Term, this Agreement shall continue upon the same terms and conditions as set forth herein.  Notwithstanding the above, the Company may modify this Agreement at any time.

 

5.         Services Provided.  The Owner hereby authorizes the Company to advertise the Property, whether one or more, for rent.  The Owner will provide a description of the Property, the physical address, pictures of the Property, and all such additional information as may be required to advertise the Property. The Owner represents and covenants all such information submitted to the Company is true and correct, and the Owner agrees to immediately notify the Company of any errors, omissions, or changes to such information.

 

The Company may maintain a publicly available calendar of when the Property is available for rental, and the Owner understands such publicly available information may permit others to know when the Property is unoccupied. The Owner hereby releases and holds harmless the Company for the release of such information and understands such information may present a security risk which the Owner understands is its sole and absolute responsibility.

 

6.         Disclosure and Agency.  The Owner understands and acknowledges neither the Company, its members, employees or agents are licensed Realtors; nor are any such parties authorized to rent or offer for rent any property.  Rather, all acts undertaken pursuant to this Agreement and the Terms shall constitute the advertising of such Property, and the Owner shall be solely responsible for renting the Property, or offering such Property for rent, as the case may be.

 

The Owner understands neither this Agreement nor the Terms shall create any agency relationship, partnership, joint venture, employee-employer, or franchiser-franchisee relationship.  Rather, the only relationship created is that of an independent contractor engaged to provide advertising services.

 

7.         Rental Process. 

 

                        A.        Owner Provides Information.  The Owner shall provide to the Company all information necessary to organize and post the advertisement.  The Company may review all information for accuracy prior to posting, but the Company is under no obligation to do so.  Provided all information is accurate and complete, the Company shall post the advertisement within five (5) business days of receipt thereof.  The Owner understands the posting of such Owner-provided information is subject to human error, and the Owner hereby agrees to review the advertisement for accuracy and notify the Company of any problems within five (5) business days of the time such advertisement is posted.  Any changes requested after the fifth business day shall constitute a Change Order as set forth in this Agreement.

 

                        B.        Contracts.  The Owner agrees to obtain a form rental contract for use in renting the Property and will provide a copy of the same to the Company.  Under no circumstances will the Company provide the Owner with a rental agreement, and the Owner is strongly encouraged to have its rental agreement reviewed by an independent attorney prior to providing the same to the Company.

                        C.        Booking.  If any user of the Site requests rental of the Property, the Company will mark such dates as “unavailable” on the public calendar and provide an email notice of such request to the Owner.  After such notice is sent, the Owner shall have 24 hours to decline the rental request.  If the rental request is not declined within 24 hours the Company will forward the Owner’s form contract to the requesting party. All further negotiations with regard to the rental, if any, will be solely between the Owner and the requesting party.  Notwithstanding the above, the Company, upon request of the Owner, may make arrangements to deliver the keys to the renter.

 

                        D.        Payment.  The Company may process rental payments for the Owner if so requested, but will only do so upon the Owner’s written request therefore and execution of any additional agreements associated therewith.  Notwithstanding the above, no Owner shall request any renter to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site from time to time may result in the immediate removal of the non-conforming listing from the Site without notice to the Owner and without refund of any unearned fees.  The fee paid to the Company is earned when the rental agreement is executed by the renter and returned to the Company, regardless of whether the rental agreement is ultimately ratified by the Owner.

 

The Owner is responsible for payment of all applicable sales, use and occupancy taxes and agrees to pay the same in a timely manner.  The Company shall in no event be liable for payment of such taxes, withholding such taxes, or charging such taxes to the renter.  The price set forth in the advertisement (whether on the Site, an affiliated website, or any other publication authorized by the Company) shall include all applicable taxes, and the Owner shall be responsible for calculating and paying the same.  If any such taxes are levied against the Company, the Owner hereby agrees to indemnify the Company for payment of the same.

 

8.         Rental Advertisement.

 

                        A.        Site Content.  The Company reserves the right to determine in our sole and absolute discretion the final design, layout and functionality of our Site, which is subject to change from time to time without notice.  The Owner understands the layout of the Site and relative positioning of advertisements may be adjusted depending upon the rental history of a property, the advertising plan chosen, the number of times a property is viewed, and other factors.

 

The Company reserves the right, in its sole discretion, to review and edit copy or amend the content, layouts or photographs supplied by any Owner. All content and copy edits submitted by Owners are subject to review and approval by the Company in its sole discretion.

 

Notwithstanding the Company’s right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Owner or edited or amended by the Company.

 

                        B.        Photographs.  All printed (paper based) photographs submitted by an Owner, if any, will be discarded after we have scanned the same into our electronic database. Regretfully, we are unable to return such photographs to you or retain paper copies in our files.  The Company will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.  The term “photograph,” as used in this Agreement, includes all electronic or mechanical means of recording images, including, but not limited to, video or still photography.

 

By submitting a photograph either electronically through the Site or by mailing a paper photograph or video recording to our office, the Owner represents and warrants that (1) (a) it holds all intellectual property rights with respect to each submitted photograph, or (b) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (2) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (3) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (4) that it will indemnify and hold harmless the Company, its members, employees, agents and affiliates, from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.

 

                        C.        Grant of Copyright.  The Owner, by accepting these Terms and by paying for and posting a listing on the Site, grants to the Company and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sub-license (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site, or the websites of our affiliates, and you grant the Company the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. You further agree to assist the Company—at our expense and control—to protect such copyrighted material from unauthorized redistribution. The Company is not responsible for any infringement or violation of laws resulting from content supplied by any Owner and each Owner will indemnify and hold harmless the Company and any member of the Company against any action brought for breach of copyright or other rights from the use of such content supplied by such Owner. Each Owner hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such Owner.

 

The Owner agrees the Company may reproduce in whole or in part any photographic material supplied by such Owner in the promotion of either such Owner’s property or the promotion of the Company or the Site.  It is the Owner’s responsibility to obtain reproduction permission for all photographic and other material used in their advertisements. The Owner warrants that he or she is the owner of the copyright on such material or is authorized by the owner thereof to grant to the Company the rights therein contained.

 

The Company reserves the right to refuse hypertext links to, or addresses of, other web sites from Owners’ pages, and to remove links or web addresses without notice at our sole discretion.  Further, we reserve the right to charge for hypertext links at any time, with such fee being determined by the Company in its sole discretion.

 

9.         Property Reviews.  Any entries in the guest book or property review section of any Owner’s listing must be genuine comments from guests who have stayed at the property advertised. The Owner agrees it will not post any comments to the guest book or property review sections of the Site.

 

10.       Substitution of Properties; Multiple Properties.  Each advertisement may only relate to a specific Property. The Property in an advertisement may not be substituted by another Property. If an Owner submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another Property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the previously existing listing as compensation for the violation of this condition.

 

Further, each advertisement on the Site displays an individual and uniquely identified Property available for rent. The listing may not be a mere example of properties in a given area. Only one Property can appear on each advertisement, unless it is a Property with multiple rental units on the same site and additional advertising units are purchased. The Company reserves the right to amend the copy or remove any advertisement when more than one Property is described in such advertisement, and may choose, in the Company’s sole discretion to retain any fees associated with the non-conforming advertisement as compensation for the violation of this condition.

 

11.       Termination of Advertisement by Owner.  All advertisements will run until they are terminated by the Company, the Owner, or otherwise terminated pursuant to the terms of this Agreement or the Terms of Use Policy.  No refunds will be provided under any circumstances.  If you are dissatisfied with your advertisement for any reason, your sole remedy is to cancel the advertisement.  Notwithstanding the above, you remain liable for any unpaid fees associated with future bookings of your Property.  Any termination of this Agreement other than in full compliance with the terms of this Agreement shall result in a charge to the Owner equal to the greater of $200.00 or the Annual Website Maintenance Fee set forth on the attached Fee Schedule.

 

            To request cancellation of your advertisement, please submit your request by emailing the Company through the “Contact Us” portion of the Site.  You should include your listing number, the property address, and an explanation of why you are canceling your advertisement.

 

12.       Rejection or Termination of Advertisement by Company.  The Company reserves the right to refuse, in its sole and absolute discretion, any advertisement submitted either through our online submission process or sent to our offices for us to load or post onto the Site. The Company may refuse to publish the advertisement for any reason, and each Owner expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.

 

If, in the Company’s sole discretion, any Owner submits unsuitable material to our Site or into our database, persistently misuses the Site, email systems, servers, or other online systems, or breaches this Agreement or the Terms, we reserve the right to immediately remove such Owner’s Property from the Site without refund.  The Company may also contact the police or other authorities as may be deemed appropriate by the Company, in the Company’s sole and absolute discretion.

 

If the Company becomes aware of or receives a complaint from any person or entity regarding an Owner’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such Owner’s allegedly offensive listing from the Site (for example, and without limitation, if an Owner double-books a Property for multiple travelers on the same date, or engages in any practice that, in the Company’s sole discretion, would be considered unfair within the rental industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the Owner and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the Site without notice to the Owner and without refund.

 

If any Owner is in breach of this Agreement or the Terms of Use Policy, or if the Owner fails to perform any obligation owed to the Company, the Company may immediately remove such Owner’s listing from the Site without notice to the Owner and without refund.

 

13.       Transfer of Advertisement.  The advertisement is non-transferrable.  The sole exception to such rule is that if an Owner sells the Property, the Company may, in its sole discretion, transfer the advertisement to the new owner of the Property.  Such transfer will be completed by the Company only upon acceptance of this Agreement and the Terms of Use Policy by the new owner.  The Company may charge the new owner a $50 transfer fee, if such transfer is permitted, and the new owner consents to the same by acceptance of this Agreement.

 

14.       Changes to Advertisement. The Owner understands the set-up, organization, and posting of each advertisement on the Site entails a significant amount of work, and any changes to the advertisement may require additional work be performed by the Company.  Any changes desired by the Owner shall be submitted to the Company in writing and shall specify the changes requested (the “Change Order”).  The Company will process one Change Order per calendar year, per advertisement, free of charge.  However, each subsequent Change Order received during the calendar year shall result in a charge to the Owner as set forth on the attached Fee Schedule.

 

15.       Miscellaneous.

 

A.        Notices.  All notices to the Company required or permitted by this Agreement must be in writing and sent by certified mail, return receipt requested (postage prepaid) to VacaRenter, LLC, at P.O. Box 1172, Stephens City, VA 22655.  All notices to the Owner required or permitted by this Agreement will be sent to such Owner’s email address of record, as may be changed from time to time by the Owner upon notice to the Company.

 

                        B.        Headings.  The headings of the sections of this Agreement are inserted for convenience only and do not alter or amend the provisions that follow such headings.

 

C.        Governing Law; Venue; Waiver of Jury Trial.  This Agreement is subject to the laws of the Commonwealth of Virginia and the Owner hereby irrevocably agrees that any cause of action submitted in connection with this Agreement, or pursuant to the Terms of Use Policy, shall be subject to venue in the Commonwealth of Virginia, and to the extent possible, the City of Winchester.  The Owner further agrees any dispute between it and the Company shall be construed by the laws of the Commonwealth of Virginia, without regard to its rules on conflict of laws.  The Owner hereby waives its right to a jury trial.

 

                        D.        Severability.  Any provision of this Agreement which is prohibited by, or unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Agreement.

                       

E.         Failure to Enforce Not a Waiver.  The Company’s acceptance of payment hereunder, or its failure to object to conduct not in compliance with the Owner’s obligations, or the Company’s waiver of a breach by the Owner, shall not be interpreted as a waiver of any subsequent breach or non-compliance, and this Agreement shall continue in full force and effect.  The Owner is hereby notified that acceptance by the Company of payments from the Owner with knowledge of a breach or non-compliance by the Owner shall not constitute a waiver of the Company’s right to terminate this Agreement or take any action against the Owner to recover damages hereunder.

 

                        F.         Joint and Several Liability.  If more than one individual signs this agreement, all such persons signing as an Owner (or prospective Owner) shall be jointly and severally liable for all obligations set forth in this Agreement and the Terms of Use Policy, which is incorporated herein by reference.

 

                        G.        Amendment.  This Agreement may be amended only by a writing signed by the parties.  Notwithstanding the above, the Company may modify the Terms of Use Policy at any time, and from time to time, without notice to the Owner, and the Owner hereby consents to the same and acknowledges it is the Owner’s sole responsibility to review the Terms of Use Policy on a regular basis to ensure such Owner remains in compliance therewith.

 

H.        Entire Agreement.  This Agreement and the Terms of Use Policy established by the Company constitute the entire Agreement between the Company and the Owner.  No oral statements made by either party shall be binding.

 

                        I.          Effective Date.  This Agreement shall not be effective, and neither party shall have any obligation to perform hereunder, until such time as the Agreement is executed by both the Company and the Owner.

Fee Schedule

 

-This Fee Schedule is attached to and made a part of the Advertising Agreement-

 

Advertising & Processing Fees.  The fees charged by VacaRenter, LLC for advertising services rendered under the attached Advertising Agreement are as follows:

 

- Annual Website Maintenance Fee:               $200, per year.  FIRST YEAR IS WAIVED

 

- Credit Card Processing Fee (if applicable):  3% of total amount charged

 

                  - One Bedroom Rental:           $40.00 per booking

                  - Two Bedroom Rental:          $50.00 per booking

                  - Three Bedroom Rental:        $60.00 per booking

                  - Four Bedroom Rental:          $70.00 per booking

                  - Five + Bedroom Rental:       $80.00 per booking

 

* The advertising fees listed above are per rental booking, for bookings up to 7 nights in duration. If you anticipate having bookings that exceed seven consecutive days, you should contact the Company to discuss their fee for such booking.

 

Advertisement Changes.  The Owner may change an advertisement free of charge one time per calendar year.  The Owner will be charged $50.00 for each subsequent Change Order received.

 

Taxes.  The Owner agrees to pay all applicable sales, use and occupancy taxes in a timely manner, as set forth in the Advertising Agreement.

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