MANAGEMENT AGREEMENT
This Management Agreement is entered into on _________________ Between XXX
Property Management Company (hereinafter referred to as the “Company”) and
XXX, LLC (hereinafter referred to as the “Manager”) together herein
referred to as “parties.”
WHEREAS, the Company desires to engage and retain the services of the Manager
to manage its business; and
WHEREAS, the Manager is willing to provide the required Management and
Administrative services for consideration under this Agreement;
THEREFORE, the parties willingly agree to be legally bound by the terms and
provisions of this Agreement as set hereof:
1. Appointment.
The Company appoints the Manager to manage subject to the terms of this
Agreement, engage others to manage all of the Company’s undertaking, affairs, and
assets, and provide all necessary or advisable administrative services and facilities
as herein set forth.
The Manager accepts the appointment and agrees to act in such capacity and
provide or cause to be offered such management and administrative services and
facilities upon the terms outlined in this Agreement.
2. Term.
This Agreement shall be in force and binding upon the parties from the effective date
_____________ for a duration of ____________ unless otherwise terminated in
accordance with the clause herein.
3. Services.
i. The Manager shall provide the following services; –
ii. Complimentary 1-hour introduction phone consultation.
iii. Weekly reports.
iv. Assistance with the acquisition on obtaining rentals.
v. Car Drop Of/Pick Up.
vi. Charging/Refilling vehicles.
vii. Free Private parking lot for Every Car.
viii. Dynamic Pricing.
ix. Maintenance when needed (must be paid for service or maintenance)
x. Positive Communication between guests
xi. Bookings. Occupancy
xii. Professional Photography, if needed, on already launched vehicles
xiii. 24/7 Support
xiv. Personally dedicated runner
xv. Marketing off the platform for increased exposure.
xvi. Insurance for each vehicle under The Realest Realty care, when not on
Turo or being used for rental services.
xvii. Additional assistance as required for rental
4. Description of the Vehicle.
The vehicle to be rented is identified by the following: –
Year: _______________ Make: _____________________ Body:
_____________________
Model: __________________ Color: __________________ VIN:
_____________________
License: __________________ Exp: _______________________
5. Compensation.
In providing the management and administrative services stated above by the
Manager, the Manager shall be entitled to 25% gross, 25$ monthly car wash
membership (unless owner uses their own), 50 drop off and pick up, free lockbox
and faraday pouch for each vehicle.
The management securing vehicle fee is 1500 for each vehicle. The handling
Maintenance is 100 whenever the service is needed, does not include service but a
delivery fee of vehicle for service.
Payments shall be made every Monday.
6. The obligation of the Company.
The Company shall provide to the Manager true and correct information relating to
all functions for which the Manager is responsible and shall not take any action to
interfere with the Manager’s performance of its duties herein.
7. Records And Reports.
The Manager shall keep at all times up to date and proper books of account and
records relating to the services provided herein.
The books of account and all records shall be accessible for inspection by the
Company at any regular business working hours.
8. Confidentiality.
The Manager shall treat all and not be limited to information or data from the
Company with any third parties without the prior written consent of the Company
failure. The Manager shall indemnify the Company for all the losses, costs, and
expenses from such failure.
9. Indemnification.
The Manager shall indemnify and hold harmless the Company and its affiliates,
officers, directors, employees, and agents against all losses, claims, damages,
causes of action, obligations, liabilities, suits, proceedings (collectively referred to as
"Losses") arising out of or due to the operation of the Business by Manager, its
affiliates, agents, or employees after Closing under the provisions of the
Management Agreement. The obligations herein shall survive for one (1) year
following the Termination Date.
The Company shall indemnify and hold harmless the Manager and its affiliates,
officers, directors, employees, and agents against all Losses arising out of or due to
the operation of the business by the Company, its affiliates, agents, servants, or
employees before the commencement of the term of this Management Agreement.
The obligations herein shall survive for one (1) year following the Termination Date.
10. Authority.
The parties herein acknowledge and warrant that they have the authority and
capability to enter into this Agreement and be bound by the terms, conditions, and
provisions herein.
11. Cancellation.
If the Company desires to cancel the Services herein, the Company shall provide a
60-day prior notice to the Manager as soon as possible. The Company will be
responsible for a 500-reletting fee when 60-day notice is given.
The Manager has no obligation to attempt to re-book other Services to fill the void
created by the Company’s cancellation.
12. Relationship.
The Company and the Manager shall not be identified as partners or having a joint
venture, and nothing shall be construed to place them as such. However, this shall
not be construed to prohibit the Company, the Manager, and their respective
affiliates from investing together as partners, joint venture, or whatever.
13. Governing Law.
This Agreement shall be governed and construed in accordance with the laws of the
state of Texas.
14. Termination.
This Agreement shall continue/remain in full force until otherwise terminated by the
Company by a 60-days written notice to the Manager. Any outstanding fees will be
settled between the two parties, and all vehicle access, vehicle marketing materials,
and schedule will be returned to the Company.
15. Dispute/Conflict Resolution.
In case of any dispute or conflict that may arise in connection with the performance
of the obligations under this Agreement and the terms herein, the same shall be
referred to Mediation, where the parties herein will participate in good faith to resolve
the matter.
If the Mediation fails, the dispute/conflict shall be referred to arbitration, whose
decision shall be binding and final upon the parties. Each party will bear its costs.
16. Force Majeure.
Either party is not liable for any performance failure due to causes beyond
reasonable control, including but not limited to acts of God, civil war, riots, terrorism,
and any other actions which are not foreseeable in the circumstance.
Suppose the parties cannot perform their obligations under this Agreement. In that
case, the party will, with immediate effect, issue a notice to the other party and issue
a refund of the services rendered.
17. Assignment.
The Manager shall not assign its duties and obligations under this Agreement to any
third party except by consent of the Company. The Manager may assign its rights
and obligations to any of its licensed affiliates or successors performing similar
services.
18. Severability.
Suppose any provision of this Agreement is deemed invalid and unenforceable. In
that case, the same shall be severed from the entire Agreement, and the remaining
provisions shall continue to be enforced as they were not affected.
19. Waiver.
The failure of any party herein from exercising any remedy due to a default thereof
shall not operate as a waiver of the said right. It shall not preclude the party from any
future or subsequent remedy.
20. Amendment.
The terms and provisions may only be modified or changed by a signed written
instrument between the parties herein without the involvement of any affiliates or
successors.
21. Successors.
This Agreement shall ensure the benefit of and binding upon the parties herein and
their respective successors and assigns.
22. Entire Agreement.
This Agreement constitutes the agreement between the parties and supersedes any
prior negotiations, promises, or contracts, whether written or oral.
IN WITNESS WHEREOF, the parties have signed this Management Agreement on
the date herein; –
THE COMPANY: _______________________________________
Representative: _______________________________________
Signature: ____________________________________________
Date: _______________________________________________
Email Address: ________________________________________
THE MANAGER: _______________________________________
Representative: _______________________________________
Signature: ____________________________________________
Date: ________________________________________________
Email Address: ________________________________________
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