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.
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:
DEFINITIONS AND INTERPRETATIONS
In this Agreement:
“Agreement” or “Contract” means this agreement, and other documents forming part of this agreement;
“Contract Sum” means the sum payable to the Host for the services rendered;
“Premises” means the short-term vacation rentals where the services will be provided;
“Services” means the management of the Owner’s 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.
In this agreement, unless the context otherwise requires, any reference to:
The singular includes the plural and vice versa;
The male gender includes the female gender and vice versa;
Any agreement or other document includes that agreement or other form as varied or replaced by the Parties in writing from time to time;
Clause headings are inserted for convenience only and shall be ignored in construing this agreement.
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.
The parties will exercise utmost good faith in this agreement.
COMMENCEMENT AND DURATION
This agreement shall be valid from the date of execution until termination.
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 not perform any act without the Owner’s consent.
Except as otherwise provided in this agreement, the Host shall have full control over working time, methods, and decision making in relation to provision of the services in accordance with the agreement. The Host will work autonomously and not at the direction of the Owner However, the Host will be responsive to the reasonable needs and concerns of the client.
Parties shall not transfer or assign this agreement without the other party’s consent.
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 Host during the term. The Host is responsible for paying and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Host under this agreement.
Any dispute under this agreement shall be resolved by Negotiation. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction.
Either party may terminate this agreement at any time upon breach of the contract by the other party.
Either party may terminate this agreement at any time if the other party agrees to the termination in writing.
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 Owner wishes to terminate the contract with less than thirty (30) days’ notices, the Host reserves the right to charge costs that have already been paid in advance or incurred by the Host on the Owner’s behalf.
The termination of this agreement shall not discharge the liabilities accumulated by either party.
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.
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 Host shall issue any necessary clarification or instruction.
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.
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.
The Owner 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 Host, whether such information or matter is stated to be confidential or not, without the express written permission of the Host.
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.
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.
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.
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 Host is prepared to deal with the Owner.
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: ___________________________________________
This agreement shall be governed in all respects by the Florida State Laws.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.
Signed by the duly authorized representative of the OWNER Signature: Name: Designation: Date:………………………………………
Signed by the HOST
Signature : Name: Date:…………………………………………….……
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