HOSTING AGREEMENT

HOSTING AGREEMENT

BETWEEN

__________________________________________________

(“THE OWNER”)

AND

___________________________________________________________________________

(“THE HOST”)

__________________________________________________________________________________

THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Owner and the Host (Owner and Host collectively referred to as the “Parties” or individually as the “Party”) and includes that party’s successors and assigns.

WHEREAS:

• The Host is a service provider.
• The Owner is the proprietor of the premises (a term defined below).
• The Owner is desirous of procuring the services of the Host.
• The Owner now wishes to enter into this agreement with the Host, where it will compensate the Host for his services.

Parties agree to the following terms and conditions and to be bound thereby:

1. DEFINITIONS AND INTERPRETATIONS
   1. In this Agreement:
2. “Agreement” or “Contract” means this agreement, and other documents forming part of this agreement;
3. “Contract Sum” means the sum payable to the Host for the services rendered;
4. “Premises” means the Airbnbs where the services will be provided;
5. “Services” means the management of the Owner’s Airbnb premises. The services will also include any other tasks which the parties may agree on, those provided in the Host’s job description and those expected in practice.
6. In this agreement, unless the context otherwise requires, any reference to:
7. The singular includes the plural and vice versa;
8. The male gender includes the female gender and vice versa;
9. Any agreement or other document includes that agreement or other form as varied or replaced by the Parties in writing from time to time;
10. Clause headings are inserted for convenience only and shall be ignored in construing this agreement.
11. All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents.
12. The parties will exercise utmost good faith in this agreement.

• 2.       COMMENCEMENT AND DURATION

This agreement shall be valid from the date of execution for a period of ten (10) months.

• CONTRACT SUM

The Owner shall pay the Host a sum of  $_________________________for the services provided.

• THE OBLIGATIONS OF THE PARTIES
• The Owner shall pay the Host the contract sum when it fall due.
• The Host shall perform their services with outmost professionalism. The Host shall be respectful and of integrity.
• The Host shall not perform any act on the Airbnb account without the Owner’s consent e.g change the log in details or payment information.
• The Host shall must meet at least fifty percent (50%) of the monthly quote in order to continue doing business with the Owner.

• LIABILITY OF THE PARTIES
• be compensated for damages caused by the other party.
• No Party shall be held liable for any damages, where:
• the damage has been occasioned by the other party, their representatives, employees, or agents; and
• the damage has been caused by an event beyond the control of the party e.g., force majeure or accidents.

• NON-AUTONOMY

Except as otherwise provided in this agreement, the Host will work at the Owner’s direction.

• NON-ASSIGNMENT

The Host shall not transfer or assign this agreement without the Owner’s consent. However, the Owner may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Host’s consent. If the Owner does so, anyone to whom the Owner transfers, assigns or subcontracts any or all of its obligations will have all of the Owner’s rights with respect to such obligations.

• INDEPENDENT CONTRACTOR

The relationship of the parties hereto is that of independent Contractor. Accordingly, the parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby. The Owner is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the term. The Contractor is responsible for paying and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this agreement.

• DISPUTE RESOLUTION

The parties shall attempt to resolve any dispute, claim or controversy arising under, out of or in connection with this Agreement (a dispute) amicably. In no event shall any Party commence any judicial or arbitral proceeding against another party without first providing to the other party to the dispute written notice of the dispute with sufficient detail. If the parties cannot agree to resolve the matter, legal actions will be the next step taken. Parties shall act in good faith to resolve the dispute.

1. TERMINATION
2. Either party may terminate this agreement at any time upon breach of the contract by the other party. Specifically, if the Host doesn’t perform his duties under the job description, is disrespectful, fails to meet the monthly quote, changes or locks the Owner out of the Airbnb account, changes any payment information on the Airbnb account without the Owners consent or if he doesn’t follow the instructions given by the Owner.
3. Either party may terminate this agreement at any time if the other party agrees to the termination in writing.
4. Otherwise than for breach, or through consent, either party may terminate this agreement upon giving the other party no less than thirty (30) days’ notices in writing. If the Host wishes to terminate the contract with less than thirty (30) days’ notices, the Owner reserves the right to charge costs that have already been paid in advance or incurred by the Owner on the Host’s behalf.
5. The termination of this agreement shall not discharge the liabilities accumulated by either party.
6. Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.

1. changes to the agreement

Either party may request changes to the agreement but they will only be effective if agreed in writing, signed by all parties and recorded. If any ambiguity is found in the agreement or various documents forming this agreement, the Owner shall issue any necessary clarification or instruction.

1. Force Majeure
2. For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
3. A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered as breach of this agreement, provided that the party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.

1. CONFIDENTIALITY

The Host shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Owner, whether such information or matter is stated to be confidential or not, without the express written permission of the Owner.

1. NO WAIVER

Failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.

1. SEVERABILITY

The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.

1. COUNTERPARTS

This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument.

1. ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement. Save as may otherwise be provided in this agreement, the terms and conditions set out in this agreement are the only terms on which the Owner is prepared to deal with the Host.

1. NOTICES

The Parties shall be served through the following addresses (including email), and either party may change the below addressees by reasonable notice in writing given to the other party.

THE OWNER:                        ___________________________________________

                                                ___________________________________________

___________________________________________

___________________________________________

THE HOST:                            ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

1. GOVERNING LAW

This agreement shall be governed in all respects by the Texas State Laws.

IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.