Smart Host Agreement Template

SMART HOST AGREEMENT

This Smart Host Agreement ("Agreement") is entered into as of by and between Host Name: with Address: and Smart Host Provider Name: with Address: . Host and Provider are each a "Party" and together the "Parties."

RECITALS

WHEREAS, Host is the legal owner or authorized manager of the short-term rental property described below and desires to engage Provider to perform technology-enabled hosting and property management services; and

WHEREAS, Provider represents that it has experience, personnel, systems and smart devices required to manage listings, automated access, guest communications, cleaning coordination, and related services for short-term rentals; and

WHEREAS, the Parties desire to set forth the terms under which Provider will host and manage the Property on behalf of Host.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Property" means the short-term rental premises owned or controlled by Host and identified as: . Additional property details or unit numbers:

1.2 "Services" means the hosting, management, smart-device provisioning, guest communications, booking management, cleaning coordination, and other services described in Section 2.

2. APPOINTMENT AND SCOPE OF SERVICES

2.1 Appointment. Host hereby appoints Provider as Host's non-exclusive agent to provide the Services during the Term, and Provider accepts such appointment subject to the terms and conditions of this Agreement.

2.2 Core Services. Provider shall: (a) list and manage bookings on booking platforms as agreed; (b) manage guest communications and check-in/out procedures using automated messaging and, where required, live support; (c) install, configure and maintain smart devices necessary for remote access and monitoring; (d) coordinate cleaning and turnover services between guest stays; and (e) provide regular reporting to Host.

2.3 Additional Services. Any additional services requested by Host and not described in 2.2 shall require written amendment and may incur additional fees.

3. TERM AND TERMINATION

3.1 Term. The term of this Agreement begins on the Effective Date and continues for an initial period of months, and thereafter continues on a month-to-month basis until terminated as provided herein.

3.2 Termination for Convenience. Either Party may terminate this Agreement without cause upon days' prior written notice to the other Party.

3.3 Termination for Cause. Either Party may terminate immediately upon written notice if the other Party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach.

4. COMPENSATION AND PAYMENT

4.1 Fees. Host shall pay Provider a management fee equal to percent of Gross Rental Revenues collected by Provider on Host's behalf, plus any fixed monthly service fee of .

4.2 Gross Rental Revenues. "Gross Rental Revenues" means all sums actually received from bookings for the Property, including nightly rates, cleaning fees charged to guests, and other transient rental charges, less only platform commissions actually imposed by third-party booking platforms.

4.3 Disbursements and Statements. Provider will disburse net proceeds to Host monthly, accompanied by an itemized statement showing bookings, deductions, refunds, fees, third-party commissions, discounts and other adjustments. Provider’s accounting is presumed correct unless Host provides written objection within sixty (60) days of receipt of the statement.

5. HOST RESPONSIBILITIES

5.1 Property Condition. Host shall maintain the Property in good repair and in compliance with all applicable laws, regulations, building rules and platform standards. Host shall disclose to Provider any material defects, hazards, or restrictions affecting the Property.

5.2 Access and Keys. Host shall provide Provider with access to the Property, keys, codes, or other means necessary for Provider to perform Services. Host authorizes Provider to use smart locking devices and remote access systems.

6. PROVIDER RESPONSIBILITIES

6.1 Standard of Performance. Provider shall perform Services with commercially reasonable care and in accordance with industry practices for short-term rental management and smart-hosting operations.

6.2 Smart Devices. Provider may install smart devices and software required for remote entry, climate control, security, and guest automation. Provider will use reasonable efforts to maintain devices but Host remains responsible for replacement costs for devices damaged by guest misuse or Host’s negligence unless otherwise agreed.

7. INSURANCE; LIABILITY

7.1 Insurance. Host shall maintain property and liability insurance covering the Property for short-term rental operations and shall name Provider as additional insured to the extent requested. Host shall provide certificates of insurance upon request.

7.2 Liability. Except for gross negligence or willful misconduct, neither Party shall be liable to the other for indirect, incidental, consequential or punitive damages, including lost profits. Provider’s total liability for direct damages arising out of Provider’s performance under this Agreement shall not exceed the aggregate fees paid to Provider in the six (6) months preceding the claim.

8. INDEMNIFICATION

8.1 Host Indemnity. Host shall defend, indemnify and hold harmless Provider and its officers, directors, employees and agents from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Host’s breach of this Agreement, Host’s failure to maintain required insurance, or Host’s negligence or willful misconduct.

8.2 Provider Indemnity. Provider shall defend, indemnify and hold harmless Host from claims arising from Provider’s gross negligence or willful misconduct in performing Services, provided Host gives Provider prompt written notice of any claim and cooperates in the defense.

9. CONFIDENTIALITY AND DATA

9.1 Confidential Information. Each Party shall keep confidential all non-public business information disclosed by the other Party in connection with this Agreement and shall not disclose such information except to employees, contractors or agents who have a legitimate need to know and who are bound by confidentiality obligations no less protective than this Section.

9.2 Data and Guests. Provider may collect and process guest contact information, booking data and device telemetry necessary to perform Services. Provider shall use such data only for the purposes of performing Services and in compliance with applicable privacy laws.

10. COMPLIANCE WITH LAWS AND PLATFORM RULES

10.1 Compliance. Each Party shall comply with applicable laws, local ordinances, homeowners' association rules, lease restrictions and the terms of any third-party booking platforms when performing their obligations under this Agreement.

11. NOTICES

All notices under this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses below or to such other address as a Party designates by notice. Notices shall be deemed given upon receipt.

12. AMENDMENTS; WAIVER; ASSIGNMENT

12.1 Amendments. No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties.

12.2 Waiver. No waiver by either Party of any breach shall be deemed a waiver of any subsequent breach.

12.3 Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, provided that Provider may assign to an affiliate or purchaser of substantially all of its business without Host's consent so long as the assignee assumes Provider's obligations hereunder.

13. ENTIRE AGREEMENT; SEVERABILITY; GOVERNING LAW

13.1 Entire Agreement. This Agreement, including any exhibits or schedules signed by the Parties, constitutes the entire agreement between the Parties with respect to the Services and supersedes all prior agreements and understandings, whether written or oral.

13.2 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.

13.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to conflict of laws principles.

14. MISCELLANEOUS

14.1 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

14.2 Independent Contractor. Provider is an independent contractor and nothing in this Agreement shall create an employment, partnership, joint venture or agency relationship between the Parties except as expressly provided.

SCHEDULE A — PROPERTY DETAILS

AUTHORIZATIONS

Host authorizes Provider to: (a) create and manage listings on Host’s behalf; (b) accept bookings and process payments for reservations; and (c) grant and revoke guest access via smart locks and access codes. Host further authorizes Provider to engage third-party vendors for cleaning, maintenance and guest services as reasonably necessary.

Sign Now