Sonder Partnership Management Agreement The agreement is ...
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
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Sonder Partnership Management Agreement
The agreement is between Sonder Canada Inc, hereafter referred to as the “Manager” and Andrew Peek______ hereafter referred to as the “Partner.” The subject of this agreement is the residential property at the address below, hereafter referred to as the “Location.” Property Address (number, street, and suite #): 334 Shaw St City: Toronto
Province/State: ON
Postal/Zip Code: M6J 2X2
The full scope of the agreement between the Manager and the Partner is described in the Management Terms of Service. ●
The Partner agrees to the Management Terms of Service.
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The Partner agrees to meet the minimum requirement of furnishing standards.
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The Partner agrees to the management fee of 12% or $49 min for Manager procured bookings.
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The Partner agrees to the management fee of 10% or $49 min for Partner procured bookings.
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The Partner understands that housekeeping/cleaning costs are deducted from revenues at cost.
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The Partner agrees to turnover costs per booking of $15 for perishables and $8 per bed for bedding/towels.
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The Partner agrees to a professional photoshoot performed at a cost of $120 - $240.
Contract start date: February 8, 2017__
Property available date:
March 1, 2017____
The undersigned is an authorized representative of all partners of the subject property.
The undersigned is an authorized representative of Sonder Canada Inc.
Partner's Name:
Manager’s Name:
Andrew Peek_______________
Arthur Chang_______________________
Partner’s Signature:
Manager’s Signature:
___________________________
____________________________
Date:
Date:
___________________________
____________________________
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
Sonder Management Terms of Service Welcome to Sonder! Thanks for using our products and services (“Services”). The Services are provided by Sonder Canada Inc. (“Sonder”), main office located at 3875 Rue Saint-Urbain, Montréal, QC H2W 1T9. By using our Services, you are agreeing to these terms. Please read them carefully. The Sonder - Sonder Management Terms of Service (hereinafter referred to as the “Terms of Service”), concerns the Agreement made between the Manager (represented by Sonder Corp.) and the Partner(s) specified in the Sonder Management Agreement. The Terms of Service are the by-laws and rules that are applicable throughout the Partnership between Manager and Partner(s) beginning on the date that the Partner signs the Sonder Management Agreement with the Manager, (hereinafter referred to as the “Date of Signature”). DEFINITIONS When used in the Terms of Service, each of the following words and phrases have the following meaning: a. b.
“Account Manager” is the person whom is the Partner’s main contact throughout the Partnership. “Booking” is to mean the period of time when the Guest(s) occupy the Location. Booking is defined as a Rental Agreement with any Guest for a right of exclusive occupancy of the Location for any duration. c. “Cancellation” is when the Manager or Guest is required to cancel a Booking of the Location in which case either party may be subject to cancellation fees set by the OTA or by the Manager. d. “Check In Date” is to mean the first day of the Booking the Guest(s) has made for the Location. e. “Check Out Date” is to mean the last day of the Booking the Guest(s) has made for the Location. f. “Duration” is to mean the Duration of the Rental, as specified through the correspondence between the Guest(s) and the Manager prior to the Booking g. “Sonder Guest Ready” is the state in which a Location is deemed suitable and appropriate for short term and long term rentals by the Manager h. “Sonder Management Agreement” is the separate Agreement which the Partner and Manager need to sign in order to enter begin the Partnership. i. “Guest(s)” means any and all persons who rent the Location from the Manager at any course of time throughout the Partnership. j. “Location” is the residential property which the Manager will be managing on behalf of the Partner, and is the subject of the Sonder Management Agreement. k. “Monthly Statement” is the financial statement sent from Manager to Partner on the 10th day of every month. l. “Onboarding Process” is the duration of time in which the Manager will be executing a number of procedures in order to ensure the Location is “Sonder Guest Ready”. m. “OTA” stands for Online Travel Agent and are the websites Sonder uses to market the Location. n. “Partner” is to mean the person or entity who, for the Duration of the Agreement, holds a lease for the Location or, if the Location is not being leased or subleased, who owns the Location. o. “Partnership” is the duration of time in which the Manager will be working with the Partner and managing their Location, defined by the Date of Signature, and the Partnership End Date. p. “Partner Stay” is when a Partner stays in the Location overnight, or authorizes a Third Party to stay in the Location overnight. q. “Relocation” is the act of transferring a Booking from one Location to another. r. “Rent” is to mean the full monetary rent amount for the whole Duration of the Booking as per specified by the written communications between the Manager and the Guest(s).
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
s.
“Security Deposit” is to mean the monetary amount held by the Manager for the purpose of applying against the deposit any penalties or amounts due to the Manager and Partner that are unpaid by the Guest(s). In consideration of the promises, rights, responsibilities and obligations set forth below, the parties hereby agree as follows: 1.
MANAGEMENT SERVICES 1.1.
Manager shall provide all personnel necessary to accomplish answering guest inquiries in a timely manner, executing inquiry follow ups, processing guest bookings, processing Partner bookings, processing internal holds, Guest check-in and check-out, key services, book-keeping services, top quality guest customer service throughout duration of booking, collection and refund of security deposits and on-site limited inspections, guest and host reviews of the Location both preceding and following each Booking.
1.2.
Manager shall provide the Guest with cleaning and linen services, including:
1.3.
1.2.1.
To clean the Location on departure of each Guest, limited to ordinary housekeeping operations and excluding maintenance due to damages or wear and tear such as carpet cleaning, laundry of drapes, cleaning of windows, or the repair or replacement of property damaged or removed by a Guest; and
1.2.2.
To provide fresh linen service at the beginning of each occupancy under a Booking, which includes bed sheets, pillowcases, bath towels, washcloths and kitchen towels.
1.2.3.
If Partner stays overnight at their own location, there is no Booking Fee. The Manager may perform it’s Housekeeping Services at the Partner’s expense and deduct the Turnover Costs from Partner’s earnings.
Manager shall maintain a separate accounting record of all receipts, expenditures, disbursements and Bookings regarding the operations of the Location, which records will be available for Partner’s inspection. 1.3.1.
A statement record for each month of operation will be delivered to Partner on the 10th of every month if not agreed otherwise.
1.3.2.
Partner’s payout will then occur on the 15th of the month via the payment method selected and agreed upon in the Sonder Management Agreement.
1.3.3.
The statement record will reflect all bookings that have had or will have at least 2 days since Booking Check Out, since the 15th of the previous month and before the 15th of the present month.
1.4.
Manager shall advertise the Location on many top-quality advertising platforms and treat inquiries, bookings and other customer service related work.
1.5.
The Manager may inform Guests that the Manager manages multiple Locations around the world.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
2.
1.6.
Manager shall provide, update and enter into Rental Agreements on behalf of Partner with the Guests. This agreement may be concluded online, via electronic signatures, proof of payment or any other means deemed acceptable by Manager. In no way may the Manager be held responsible or liable for any damages, losses, liabilities or litigation related to the terms of the rental agreement contract he has provided and enters into on behalf of Partner with the Guests. The most up-to-date version of the rental agreement can be found here: www.Sonder.co/rental_agreement.
1.7.
In the event that a Guest damages the Partner’s property or furniture, as per the Rental Agreement, the Guest will be held liable and the Manager will use its best efforts to retain the Guest’s Security Deposit to cover the costs of damage.
1.8.
As per the Rental Agreement, in the event that the repair costs for Guest damages are greater than the Security Deposit, the Guest will be held liable and the Manager will use its best efforts to recover any additional funds from the Guest in order to pay for damage repair.
1.9.
In no event shall Manager be held responsible or liable for any damages or losses to Partner, including but not limited to any damages or losses caused by Guests, litigation, any fines related to the rental of the Location on a short term basis including condo association fines, city fines, province or state fines or any other fines, fire, water leaks or other casualty, bedbugs, losses incurred to Guests and natural disaster.
PARTNER RESPONSIBILITIES 2.1.
The partner agrees that they own the Location or are duly authorised to arrange for short term and long term rentals of the Location by way of license to occupy (as principal and not as agent) and to enter into both this Agreement and agreements with Guests for the Location by way of license to occupy.
2.2.
The Terms of Service will apply to all arrangements between Partner and Manager until either party terminates the Agreement in accordance with all conditions in Article 3. Following termination these conditions will continue to apply until such time as all pending Bookings and financial arrangements have been settled.
2.3.
Partners are not allowed to or advised to cancel any of Bookings throughout the Partnership, or any Bookings that will occur beyond the Notice of Termination date.
2.4.
If a Partner, or any Third Party cancels a Booking, then the Partner is subject to the conditions in Article 3, Term 3.2
2.5.
The Partner agrees to have their Location accessible by Guests and open for Bookings for at least 75 nights in succession within a given year, unless otherwise stated and agreed to with the Manager in the Sonder Management Agreement If a Partner wants temporary access to their Location, or wants to stay overnight in their Location, hereafter referred to as a “Partner Stay”, they must first verify with their Account Manager that their Location is accessible on that date and time, and that there are no confirmed Bookings which would interfere with the Partner’s stay. Partner’s are responsible for informing their Account Manager if a cleaning will be necessary after they have accessed their Location.
2.6.
2.7.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
2.8.
3.
Manager will automatically schedule Housekeeping and Location Turnover after a Partner Stay. The Turnover Costs for the Partner Stay will be reflected in the Monthly Statement and will be billed to the Partner. 2.9. Partner’s are not billed for any nightly rate or Rent for a Partner Stay or for temporarily accessing their Location. 2.10. If the Partner terminates the Partnership before the Manager has confirmed a single Booking for the Location, the administrative costs are $250. 2.10.1. If the Location has yet to confirm more than 15 Bookings, the administrative costs are is $100. 2.10.2. If the Location has confirmed more than 15 reservations the administrative costs are $50. PARTNERSHIP END DATE 3.1.
The Partnership End Date is defined as the last day the Manager will perform its Management Services to the Partner. The Partnership End Date is determined either by: 3.1.1.
The Partnership End Date specified in the Sonder Management Agreement, in which case the Manager will not accept Bookings that occur on or after that date.
3.1.2.
Written 30-day Notice of Termination from Manager to Partner, in which case the Manager will cease taking new Bookings that have a Check In Date after the Partnership End Date, but may or may not take new Bookings that have a Check Out date before the Partnership End Date.
3.1.3.
Written 30-day Notice of Termination from Partner to Manager; in which case the Manager will cease taking any new Bookings. The Partner is required to uphold and support all of the Location’s confirmed Bookings on and after this day of notice. Failure to do so will result in the conditions outlined in Term 3.2
3.2.
If the Partner somehow disables or prevents the Manager from hosting a confirmed Booking(s) at their Location(s), the Partner will still be required to pay the Manager for all of the Booking(s) Management Fees to the Manager, with an additional fee of 50% of each Booking Value or $150 minimum. This fee is on top of any Guest Refund or loss due to Cancellation(s) or Relocation(s).
3.3.
In order to ensure the Partner is committed to upholding and supporting all of their Location’s confirmed Bookings after their Notice of Termination, the Partner will be required to pay for all Turnover Costs and Manager Fees up front, on or immediately after their Notice of Termination.
3.4.
The Manager will unlist the Location(s) on all OTA’s after receiving the Notice of Termination.
3.5.
This agreement will remain effective at Manager's discretion until the Partnership End Date.
3.6.
The Manager will be permitted to retrieve all of its possessions (bedding, perishables and supplies) that remain inside the Location, after the Partnership End Date.
3.7.
If any Third Party disables or prevents the Manager from Managing the Location(s), or from hosting confirmed Bookings, the Partner will be held liable and will be subject to the fee’s and conditions outlined in Term 3.2.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
3.8.
4.
Any items purchased by the Manager on behalf of the Partner during the Onboarding Process outlined in Article 4 are not resellable or returnable to the Manager after the Partnership, or upon the Notice of Termination.
ONBOARDING 4.1.
The Partner will be billed for any Onboarding Costs, hereafter referred to as the “Onboarding Fee” incurred during the Onboarding Process in the first Monthly Statement. The Onboarding Fee is stated in the Sonder Management Agreement.
4.2.
The Manager will be granted access to the Location in order to conduct an inspection and inventory check during the Onboarding Process: 4.2.1.
4.3.
5.
The Manager will identify a list of missing items that are necessary for the Location to be Sonder Guest Ready during this inspection. 4.2.2. The Manager will purchase these missing items on behalf of the Partner. The cost of these items will be billed to the Partner in the first Monthly Statement. 4.2.3. If the Manager deems necessary, the Manager will perform a “Gutting” of the Location upon inspection, in which all perishables, valuables and unnecessary items are removed from the Location. 4.2.4. The Manager will Deep Clean the Location if they deem it necessary to make the Location Sonder Guest Ready 4.2.5. The Manager will change the Location’s Wifi Network Names and Password to the Manager’s Once the onboarding process is completed, the Manager may request the Partner to sign an additional agreement which stipulates that all of the items and inventory in the Location, with the exception of all Bedding, are the sole possession of the Partner, and not of the Manager.
PARTNERSHIP 5.1.
Partner hereby grants to Manager the exclusive right to act as agent and mandatory on behalf of Partner and all other co-Partners of the Location (if any) to enter into rental agreements as described below and to provide services for the renting, booking, management and occupancy of the Location for short term rentals (less than 30 days) and long term rentals (more than 30 days) during the period of availability for rent of the Location(s) shown on the attached Sonder Management Agreement Agreement. 5.1.1.
Manager is hereby authorized to enter into rental agreements with any Guest(s) who wish to rent the Location, granting a right of exclusive occupancy of the Location to Guests for the duration of the rental agreement and to provide manager services to Guests, called Bookings, collect Partner revenues, applicable taxes and security deposits from Guests on behalf of Partner.
5.1.2.
The Management Fee shall be detailed and agreed upon in the Sonder Management Agreement. The % or $ amount is what the Manager will withhold from each booking to compensate for all of services listed in section 1. Management Services.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
5.1.3.
5.2.
Manager is authorized to: 5.2.1. 5.2.2.
6.
Manager will deposit all Partner revenues in an account maintained by Manager, detailed and agreed upon in the Sonder Management Agreement
Show the Location to prospective Guests; and Enter the Location for the purpose of this agreement.
5.3.
A Guest, during the rental period under a rental agreement entered into by Manager, can expect the Partner to not enter the Location or otherwise disturb the Guest without the prior written consent from Manager.
5.4.
All Bookings are exclusively approved and handled by Manager.
5.5.
All OTA Accounts which List the Partner’s Location(s) are to be handled and controlled solely by the Manager and only the Manager. 5.5.1.
The Partner may not be granted login access to the OTA Accounts which List the Parners Location(s) throughout the duration of the Partnership.
5.5.2.
If the OTA Accounts used to List the Partner’s Location(s) were originally under the Partner’s name and ownership prior to the Partnership, the Manager agrees to return the ownership of the OTA Accounts to the Partner after the Partnership End Date.
5.5.3.
The Manager agrees to save and store all of the Partner’s previous OTA Listing descriptions and Profile descriptions and return them to the Partner after the Partnership End Date.
5.5.4.
The Manager will not store or save the Partner’s original Listing photos.
BOOKINGS AND REVENUES 6.1.
The Rent charged to each Guest under a rental agreement will be set by Manager based on prices received for comparable Locations available in the local market. Rates may vary greatly due to weather, seasons, length of stay, availability, holidays, days of the week, number of occupants, etc.
6.2.
In the event a Guest takes possession of the Location and is moved for any reason to another the Location, referred to as a “Relocation”, the Rent collected for the entire length of the Guest’s stay in both the Locations will be allocated to Partner’s Location pro rata based on the number of nights the Guest stayed in the respective Locations.
6.3.
In the event a dispute arises with a Guest regarding the Location, on or after taking possession of the Location and for any reason, which is resolved by a reduction of Rent, the Rent amount for the purposes of this agreement shall be the amount collected in settlement of the dispute.
6.4.
The Rent consists of the rent paid by Guests to Manager for the rental of the Location.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
6.5.
Partner's revenue shall be transferred to Partner by Manager with the monthly statement record referenced., less any other amounts due to Manager or others as provided for in this agreement.
6.6.
The following expenses will be processed by Manager and deducted for the purposes of calculating Partner revenue: 6.6.1.
A cleaning fee equivalent to the cost of cleaning and laundering charged directly to the Guests. The expected cleaning fee is represented in the Sonder Management Agreement, although in the event that a cleaning costs the Manager more than amount, the difference will be billed to the Partner in the Monthly Statement.
6.6.2.
In the event that a Guest pays by credit card and directly to Manager, a transaction fee equal to 3%;
6.6.3.
Any transaction fee’s enforced by the OTA which the Booking occurs through such as Homeaway’s 2.75% transaction fee;
6.6.4.
Supplies, including but not limited to coffee, tea, sugar, creamers, stevia, oil, salt, pepper, toilet paper, tissues, hand soap, dish soap, dish sponges, aluminum foil, plastic wrap, paper towels, garbage bags, body wash bottles, shampoo bottles, conditioner bottles, air fresheners and candies will be billed at a rate stated in the Sonder Management Agreement, per Booking;
6.6.5.
Bedding Turnover Costs, including but not limited to the cost of washing, drying folding and preparing all towels, loose sheets, fitted sheets, pillow cases, pillows and duvets, at a per bed per stay rate represented in the Sonder Management Agreement;
6.6.6.
Advertising fees and expenses such as Airbnb’s 3%, HomeAway’s 10% and Booking.com’s 15% transaction fees;
6.6.7.
A Broker’s fee in the event that the Manager uses a Real Estate Broker to rent the Location for a Long Term Rental;
6.6.8.
Any other fees, costs and expenses incurred by the Manager in Onboarding, Maintenance and/or Emergencies.
6.7.
A security deposit in an amount determined by the Manager will be collected by Manager prior to the commencement of each Guest occupancy to cover any damages or excessive wear and tear caused by the Guest to the Location or its contents and discovered by Manager when the Guest vacates the Location, including any charges for extra cleaning brought about by the Guest.
6.8.
The security deposit collected by Manager shall be returned to the Guest in full if either of the following events do not occur: 6.8.1.
Guest Cancellation at any time before check-in. Under this circumstance the amount kept is determined by the Cancellation Policy set on the Listings location
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
6.8.2.
7.
On the end date of the Guest’s occupancy, the amount kept will be equal to the amount needed to cover any charges for damage, excessive wear and tear and extra cleaning determined to exist by Manager on inspection concurrent with the Guest vacating the Location.
6.9.
Manager may partially or fully refund a Guest’s Rent and security deposit if a reasonable likelihood exists of a continuing dispute or litigation with the Guest arising for any reason, such as cancelled Bookings, shortened stays, removal to other Locations, etc.
6.10.
In the event the collection of the Rent or an eviction of a Guest shall become necessary, Manager is to incur only those administrative expenses associated with correspondence, billing notices and telephone calls. All other collection or eviction expenses shall be Partner’s responsibility, including legal fees and expenses.
6.11.
In the event a collection agency is employed by Manager to recover monies due from a Guest, Partner hereby authorizes payment to the agency of a collection fee based on a percentage of monies collected by the agency. Any collection fee paid will be deducted entirely for the purposes of calculating Partner’s revenue.
6.12.
Manager makes no guarantee to Partner about the amount of income Partner may anticipate receiving under this agreement. However, the rental income from Bookings under this agreement will be derived solely from rental of the Location, there being no pooling of income or expenses with other the Locations.
6.13.
GST, QST and any other similar taxes applicable to any amounts collected or paid pursuant to the terms of this agreement shall be collected, paid and/or remitted by Partner in accordance with applicable laws.
MAINTENANCE OF THE LOCATION BY PARTNER 7.1.
Partner agrees: 7.1.1.
to provide furniture and furnishings, including eating utensils and electrical appliances, and interior design appointments;
7.1.2.
to maintain the Location, any patios, atrium or courtyard and all furniture and furnishings in first class condition by periodically eliminating build up of normal wear and tear imposed on the Location by its occupants, which will require painting and repair, or replacement of such items as floor covering, fixtures and furnishings. Partner may elect to authorize Manager, or outside vendors hired by Manager, to provide the services necessary to eliminate wear and tear, for which Partner will be charged and the amount deducted from Partner’s revenue;
7.1.3.
to pay before delinquent all charges incurred by the Location for gas, electricity, telephone, television, cable and all other similar public services, including installation, connection and disconnection charges;
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
8.
7.1.4.
to pay before delinquent all property taxes and assessments of any kind imposed on the Location and its improvements, facilities, personal property and appurtenances, and every other lien or expense relating to the Partnership of the Location;
7.1.5.
if Partner fails to meet his obligations in this paragraph, Manager is authorized to pay all amounts necessary to cure the failure and deduct the amounts paid plus an administrative fee at any rate the Manager deems necessary from Partner’s revenue.
7.1.6.
A breakdown of charges that will be applied to the Partner’s payout depending on the level of which the Location is neglected is listed in the Location Issue Charges table.
DAMAGED OR MISSING PROPERTY 8.1.
Partner shall immediately report to Manager any damages to the Location or items of personal property missing from the Location which Manager did not observe on its previous inspections as each Guest vacated the Location. Upon notice of damage or loss of items, Manager will attempt to establish the specific Guest responsible for the damage or loss and shall make a demand on the Guest and use its best efforts to obtain restitution from the Guest.
8.2.
The Manager is not liable for any items that are damaged or go missing from the Partners home. The Manager encourages each Partner to remove any valuable items from their homes prior to Renting.
8.3.
Partner, not Manager, is responsible for: 8.3.1.
Repairs or replacements of any damage or destruction to the Location or its contents and for the replacement of any lost, stolen, or missing personal items or other property located in the Location (including any garage or other storage space) not covered by the security deposits collected from Guests, or unobtainable or uncollectible from Guests;
8.3.2.
Maintenance of adequate insurance coverage in respect of the Location, its contents and public liability as would a prudent Partner insure against;
8.3.3.
Maintenance of an itemized inventory of personal property in the Location.
8.3.4.
If the Partner has agreed to the Maintenance Pre-Approval, the Manager can execute any repairs or maintenance within the Pre-Approval Limit, and will bill the Partner the costs incurred in the Monthly Statement
8.3.5.
If the Partner has agreed to the Maintenance Pre-Approval, however the situation calls for repairs or maintenance that are greater than the Limit, the Manager will use its best efforts to contact the Partner so that they can authorize the Manager to execute the repairs or maintenance. If after multiple attempts of trying to contact the Partner in an emergency situation, the Manager may perform actions to fix the emergency by any means necessary and will bill the Partner for any costs incurred when performing these actions.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
9.
MISCELLANEOUS CONDITIONS 9.1.
Partner agrees to give Manager a 30-day prior written notice of Partner’s intent to place the property on the real estate market for sale. Since it is not feasible to rent the Location while it is on the market for sale, Manager may choose to terminate this agreement after notice of the intent to sell. Partner and his sales agent, if any, shall not show the Location to prospective buyers during any occupancy by a Guest and will advise prospective buyers of any future Bookings created under this agreement. Upon sale of the property, Partner agrees to provide a minimum of 30-day written notice prior to change of possession of the unit. If the new owners do not want to proceed with Sonder then 30-day written notice can be provided to Sonder to vacate the property upon possession date and change of ownership.
9.2.
Manager may change any Terms in the Terms of Service without having to notify the Partner with the exception of any Terms that affect the Partner's statement. Changes to Terms that do affect the Partner will be shared with 30 days’ notice prior to effect.
9.3.
Manager may change the Terms for management fees and charges in this agreement by giving Partner 30-day notice of change in terms, listing the terms which will apply to this agreement after the 30-day period. If these changes are unreasonable to the Partner then they can terminate the contract as per condition in section 3 of this contract.
9.4.
9.3.1.
Manager shall market and promote Partner’s Location as a vacation rental.
9.3.2.
Marketing and promotion of vacation rentals may require Manager to employ the services of third parties, such as travel and Booking agents, real estate brokers, publishers and distribution of brochures, and the posting of rental signs, or the use of other marketing techniques as Manager deems appropriate.
9.3.3.
Manager is authorized for promotional purposes to make the Location available on a complimentary basis for up to five days per year to advance meeting planners, tour planners, travel writers, golf/ski/tennis professionals or celebrities and others related to bona fide vacation rental promotional activities. Complimentary use of each the Location managed by Manager will be equitably allocated between all the Locations managed by Manager, and where possible, shall be limited to days when the Location would not be occupied under a Booking. Manager shall provide all linens and cleaning services required during the complementary use and be responsible for any damage to the Location occurring during the complimentary occupancy period.
9.3.4.
Manager is authorized to offer promotional discounts from time to time to promote the Location and increase the occupancy rate of the Location.
Partner hereby indemnifies and agrees to hold Manager harmless from any liability, loss, damage, cost or expense, including legal fees and judgments, arising from injury to person or property, sustained by anyone in connection with the rental of the Location, not caused by the negligence or willful conduct of Manager or its employees or agents. Partner shall maintain, inter alia, public liability insurance coverage for personal injury and property damage occurring with respect to the Location, which policy shall be made available to Manager on request.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
9.5.
This agreement constitutes the entire understanding of the parties, and no other representations, statements, warranties or agreements exist with respect to the subject matter of this agreement.
9.6.
Before any party to this agreement files an action on a dispute arising out of this agreement which remains unresolved after 30 days of informal negotiations, the parties agree to enter into nonbinding mediation administered by a neutral dispute resolution organization and undertake a good faith effort during mediation to settle the dispute.
9.7.
The prevailing party in any dispute shall be entitled to reimbursement of all reasonable fees and costs, unless they proceed with litigation before the courts without first offering to enter into mediation to resolve the dispute.
9.8.
Partners acknowledge and agree that any time-based promotional offer, such as a one month trial with a lesser Management Fee refers to bookings that occur within that month.
9.9.
This agreement shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. The Partner hereby irrevocably submits to the jurisdiction of the courts of the Province of Quebec in connection with any judicial proceeding relating to this agreement.
9.10.
The Manager reserves the right to promote other Locations that reside in the same city as the Partner’s Location, but are not necessarily theirs. These sentences are not used in malice, but to promote the network of Locations therefore benefiting all Partners who work with the Manager.
9.11.
Sonder may from time to time, in its sole discretion, provide or arrange services for Guests, including but not limited to equipment rental (cribs, linens, etc.), trip insurance, tenant damage insurance, long distance telephone service, special event bookings and other special services requested by Guests. Partners acknowledge and agree that Sonder may receive additional fees from Guests or third party vendors for arranging such services, and that any such fees shall belong exclusively to Sonder. Sonder may also charge and retain reasonable fees for late check outs. All notices and demands under this agreement between Partner and Manager shall be transmitted using contact information listed in the Sonder Management Agreement Agreement.
9.12.
9.13.
At the request of the Partner, this agreement and all other documents associated with this agreement and all related notices shall be drafted in English. À la demande du propriétaire soussigné(e), la présente entente et tous autres documents et avis seront rédigés en anglais.
Last updated on December 11th 2015
!
Sonder Partnership Management Agreement
The agreement is between Sonder Canada Inc, hereafter referred to as the “Manager” and Andrew Peek______ hereafter referred to as the “Partner.” The subject of this agreement is the residential property at the address below, hereafter referred to as the “Location.” Property Address (number, street, and suite #): 334 Shaw St City: Toronto
Province/State: ON
Postal/Zip Code: M6J 2X2
The full scope of the agreement between the Manager and the Partner is described in the Management Terms of Service. ●
The Partner agrees to the Management Terms of Service.
●
The Partner agrees to meet the minimum requirement of furnishing standards.
●
The Partner agrees to the management fee of 12% or $49 min for Manager procured bookings.
●
The Partner agrees to the management fee of 10% or $49 min for Partner procured bookings.
●
The Partner understands that housekeeping/cleaning costs are deducted from revenues at cost.
●
The Partner agrees to turnover costs per booking of $15 for perishables and $8 per bed for bedding/towels.
●
The Partner agrees to a professional photoshoot performed at a cost of $120 - $240.
Contract start date: February 8, 2017__
Property available date:
March 1, 2017____
The undersigned is an authorized representative of all partners of the subject property.
The undersigned is an authorized representative of Sonder Canada Inc.
Partner's Name:
Manager’s Name:
Andrew Peek_______________
Arthur Chang_______________________
Partner’s Signature:
Manager’s Signature:
___________________________
____________________________
Date:
Date:
___________________________
____________________________
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
Sonder Management Terms of Service Welcome to Sonder! Thanks for using our products and services (“Services”). The Services are provided by Sonder Canada Inc. (“Sonder”), main office located at 3875 Rue Saint-Urbain, Montréal, QC H2W 1T9. By using our Services, you are agreeing to these terms. Please read them carefully. The Sonder - Sonder Management Terms of Service (hereinafter referred to as the “Terms of Service”), concerns the Agreement made between the Manager (represented by Sonder Corp.) and the Partner(s) specified in the Sonder Management Agreement. The Terms of Service are the by-laws and rules that are applicable throughout the Partnership between Manager and Partner(s) beginning on the date that the Partner signs the Sonder Management Agreement with the Manager, (hereinafter referred to as the “Date of Signature”). DEFINITIONS When used in the Terms of Service, each of the following words and phrases have the following meaning: a. b.
“Account Manager” is the person whom is the Partner’s main contact throughout the Partnership. “Booking” is to mean the period of time when the Guest(s) occupy the Location. Booking is defined as a Rental Agreement with any Guest for a right of exclusive occupancy of the Location for any duration. c. “Cancellation” is when the Manager or Guest is required to cancel a Booking of the Location in which case either party may be subject to cancellation fees set by the OTA or by the Manager. d. “Check In Date” is to mean the first day of the Booking the Guest(s) has made for the Location. e. “Check Out Date” is to mean the last day of the Booking the Guest(s) has made for the Location. f. “Duration” is to mean the Duration of the Rental, as specified through the correspondence between the Guest(s) and the Manager prior to the Booking g. “Sonder Guest Ready” is the state in which a Location is deemed suitable and appropriate for short term and long term rentals by the Manager h. “Sonder Management Agreement” is the separate Agreement which the Partner and Manager need to sign in order to enter begin the Partnership. i. “Guest(s)” means any and all persons who rent the Location from the Manager at any course of time throughout the Partnership. j. “Location” is the residential property which the Manager will be managing on behalf of the Partner, and is the subject of the Sonder Management Agreement. k. “Monthly Statement” is the financial statement sent from Manager to Partner on the 10th day of every month. l. “Onboarding Process” is the duration of time in which the Manager will be executing a number of procedures in order to ensure the Location is “Sonder Guest Ready”. m. “OTA” stands for Online Travel Agent and are the websites Sonder uses to market the Location. n. “Partner” is to mean the person or entity who, for the Duration of the Agreement, holds a lease for the Location or, if the Location is not being leased or subleased, who owns the Location. o. “Partnership” is the duration of time in which the Manager will be working with the Partner and managing their Location, defined by the Date of Signature, and the Partnership End Date. p. “Partner Stay” is when a Partner stays in the Location overnight, or authorizes a Third Party to stay in the Location overnight. q. “Relocation” is the act of transferring a Booking from one Location to another. r. “Rent” is to mean the full monetary rent amount for the whole Duration of the Booking as per specified by the written communications between the Manager and the Guest(s).
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
s.
“Security Deposit” is to mean the monetary amount held by the Manager for the purpose of applying against the deposit any penalties or amounts due to the Manager and Partner that are unpaid by the Guest(s). In consideration of the promises, rights, responsibilities and obligations set forth below, the parties hereby agree as follows: 1.
MANAGEMENT SERVICES 1.1.
Manager shall provide all personnel necessary to accomplish answering guest inquiries in a timely manner, executing inquiry follow ups, processing guest bookings, processing Partner bookings, processing internal holds, Guest check-in and check-out, key services, book-keeping services, top quality guest customer service throughout duration of booking, collection and refund of security deposits and on-site limited inspections, guest and host reviews of the Location both preceding and following each Booking.
1.2.
Manager shall provide the Guest with cleaning and linen services, including:
1.3.
1.2.1.
To clean the Location on departure of each Guest, limited to ordinary housekeeping operations and excluding maintenance due to damages or wear and tear such as carpet cleaning, laundry of drapes, cleaning of windows, or the repair or replacement of property damaged or removed by a Guest; and
1.2.2.
To provide fresh linen service at the beginning of each occupancy under a Booking, which includes bed sheets, pillowcases, bath towels, washcloths and kitchen towels.
1.2.3.
If Partner stays overnight at their own location, there is no Booking Fee. The Manager may perform it’s Housekeeping Services at the Partner’s expense and deduct the Turnover Costs from Partner’s earnings.
Manager shall maintain a separate accounting record of all receipts, expenditures, disbursements and Bookings regarding the operations of the Location, which records will be available for Partner’s inspection. 1.3.1.
A statement record for each month of operation will be delivered to Partner on the 10th of every month if not agreed otherwise.
1.3.2.
Partner’s payout will then occur on the 15th of the month via the payment method selected and agreed upon in the Sonder Management Agreement.
1.3.3.
The statement record will reflect all bookings that have had or will have at least 2 days since Booking Check Out, since the 15th of the previous month and before the 15th of the present month.
1.4.
Manager shall advertise the Location on many top-quality advertising platforms and treat inquiries, bookings and other customer service related work.
1.5.
The Manager may inform Guests that the Manager manages multiple Locations around the world.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
2.
1.6.
Manager shall provide, update and enter into Rental Agreements on behalf of Partner with the Guests. This agreement may be concluded online, via electronic signatures, proof of payment or any other means deemed acceptable by Manager. In no way may the Manager be held responsible or liable for any damages, losses, liabilities or litigation related to the terms of the rental agreement contract he has provided and enters into on behalf of Partner with the Guests. The most up-to-date version of the rental agreement can be found here: www.Sonder.co/rental_agreement.
1.7.
In the event that a Guest damages the Partner’s property or furniture, as per the Rental Agreement, the Guest will be held liable and the Manager will use its best efforts to retain the Guest’s Security Deposit to cover the costs of damage.
1.8.
As per the Rental Agreement, in the event that the repair costs for Guest damages are greater than the Security Deposit, the Guest will be held liable and the Manager will use its best efforts to recover any additional funds from the Guest in order to pay for damage repair.
1.9.
In no event shall Manager be held responsible or liable for any damages or losses to Partner, including but not limited to any damages or losses caused by Guests, litigation, any fines related to the rental of the Location on a short term basis including condo association fines, city fines, province or state fines or any other fines, fire, water leaks or other casualty, bedbugs, losses incurred to Guests and natural disaster.
PARTNER RESPONSIBILITIES 2.1.
The partner agrees that they own the Location or are duly authorised to arrange for short term and long term rentals of the Location by way of license to occupy (as principal and not as agent) and to enter into both this Agreement and agreements with Guests for the Location by way of license to occupy.
2.2.
The Terms of Service will apply to all arrangements between Partner and Manager until either party terminates the Agreement in accordance with all conditions in Article 3. Following termination these conditions will continue to apply until such time as all pending Bookings and financial arrangements have been settled.
2.3.
Partners are not allowed to or advised to cancel any of Bookings throughout the Partnership, or any Bookings that will occur beyond the Notice of Termination date.
2.4.
If a Partner, or any Third Party cancels a Booking, then the Partner is subject to the conditions in Article 3, Term 3.2
2.5.
The Partner agrees to have their Location accessible by Guests and open for Bookings for at least 75 nights in succession within a given year, unless otherwise stated and agreed to with the Manager in the Sonder Management Agreement If a Partner wants temporary access to their Location, or wants to stay overnight in their Location, hereafter referred to as a “Partner Stay”, they must first verify with their Account Manager that their Location is accessible on that date and time, and that there are no confirmed Bookings which would interfere with the Partner’s stay. Partner’s are responsible for informing their Account Manager if a cleaning will be necessary after they have accessed their Location.
2.6.
2.7.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
2.8.
3.
Manager will automatically schedule Housekeeping and Location Turnover after a Partner Stay. The Turnover Costs for the Partner Stay will be reflected in the Monthly Statement and will be billed to the Partner. 2.9. Partner’s are not billed for any nightly rate or Rent for a Partner Stay or for temporarily accessing their Location. 2.10. If the Partner terminates the Partnership before the Manager has confirmed a single Booking for the Location, the administrative costs are $250. 2.10.1. If the Location has yet to confirm more than 15 Bookings, the administrative costs are is $100. 2.10.2. If the Location has confirmed more than 15 reservations the administrative costs are $50. PARTNERSHIP END DATE 3.1.
The Partnership End Date is defined as the last day the Manager will perform its Management Services to the Partner. The Partnership End Date is determined either by: 3.1.1.
The Partnership End Date specified in the Sonder Management Agreement, in which case the Manager will not accept Bookings that occur on or after that date.
3.1.2.
Written 30-day Notice of Termination from Manager to Partner, in which case the Manager will cease taking new Bookings that have a Check In Date after the Partnership End Date, but may or may not take new Bookings that have a Check Out date before the Partnership End Date.
3.1.3.
Written 30-day Notice of Termination from Partner to Manager; in which case the Manager will cease taking any new Bookings. The Partner is required to uphold and support all of the Location’s confirmed Bookings on and after this day of notice. Failure to do so will result in the conditions outlined in Term 3.2
3.2.
If the Partner somehow disables or prevents the Manager from hosting a confirmed Booking(s) at their Location(s), the Partner will still be required to pay the Manager for all of the Booking(s) Management Fees to the Manager, with an additional fee of 50% of each Booking Value or $150 minimum. This fee is on top of any Guest Refund or loss due to Cancellation(s) or Relocation(s).
3.3.
In order to ensure the Partner is committed to upholding and supporting all of their Location’s confirmed Bookings after their Notice of Termination, the Partner will be required to pay for all Turnover Costs and Manager Fees up front, on or immediately after their Notice of Termination.
3.4.
The Manager will unlist the Location(s) on all OTA’s after receiving the Notice of Termination.
3.5.
This agreement will remain effective at Manager's discretion until the Partnership End Date.
3.6.
The Manager will be permitted to retrieve all of its possessions (bedding, perishables and supplies) that remain inside the Location, after the Partnership End Date.
3.7.
If any Third Party disables or prevents the Manager from Managing the Location(s), or from hosting confirmed Bookings, the Partner will be held liable and will be subject to the fee’s and conditions outlined in Term 3.2.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
3.8.
4.
Any items purchased by the Manager on behalf of the Partner during the Onboarding Process outlined in Article 4 are not resellable or returnable to the Manager after the Partnership, or upon the Notice of Termination.
ONBOARDING 4.1.
The Partner will be billed for any Onboarding Costs, hereafter referred to as the “Onboarding Fee” incurred during the Onboarding Process in the first Monthly Statement. The Onboarding Fee is stated in the Sonder Management Agreement.
4.2.
The Manager will be granted access to the Location in order to conduct an inspection and inventory check during the Onboarding Process: 4.2.1.
4.3.
5.
The Manager will identify a list of missing items that are necessary for the Location to be Sonder Guest Ready during this inspection. 4.2.2. The Manager will purchase these missing items on behalf of the Partner. The cost of these items will be billed to the Partner in the first Monthly Statement. 4.2.3. If the Manager deems necessary, the Manager will perform a “Gutting” of the Location upon inspection, in which all perishables, valuables and unnecessary items are removed from the Location. 4.2.4. The Manager will Deep Clean the Location if they deem it necessary to make the Location Sonder Guest Ready 4.2.5. The Manager will change the Location’s Wifi Network Names and Password to the Manager’s Once the onboarding process is completed, the Manager may request the Partner to sign an additional agreement which stipulates that all of the items and inventory in the Location, with the exception of all Bedding, are the sole possession of the Partner, and not of the Manager.
PARTNERSHIP 5.1.
Partner hereby grants to Manager the exclusive right to act as agent and mandatory on behalf of Partner and all other co-Partners of the Location (if any) to enter into rental agreements as described below and to provide services for the renting, booking, management and occupancy of the Location for short term rentals (less than 30 days) and long term rentals (more than 30 days) during the period of availability for rent of the Location(s) shown on the attached Sonder Management Agreement Agreement. 5.1.1.
Manager is hereby authorized to enter into rental agreements with any Guest(s) who wish to rent the Location, granting a right of exclusive occupancy of the Location to Guests for the duration of the rental agreement and to provide manager services to Guests, called Bookings, collect Partner revenues, applicable taxes and security deposits from Guests on behalf of Partner.
5.1.2.
The Management Fee shall be detailed and agreed upon in the Sonder Management Agreement. The % or $ amount is what the Manager will withhold from each booking to compensate for all of services listed in section 1. Management Services.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
5.1.3.
5.2.
Manager is authorized to: 5.2.1. 5.2.2.
6.
Manager will deposit all Partner revenues in an account maintained by Manager, detailed and agreed upon in the Sonder Management Agreement
Show the Location to prospective Guests; and Enter the Location for the purpose of this agreement.
5.3.
A Guest, during the rental period under a rental agreement entered into by Manager, can expect the Partner to not enter the Location or otherwise disturb the Guest without the prior written consent from Manager.
5.4.
All Bookings are exclusively approved and handled by Manager.
5.5.
All OTA Accounts which List the Partner’s Location(s) are to be handled and controlled solely by the Manager and only the Manager. 5.5.1.
The Partner may not be granted login access to the OTA Accounts which List the Parners Location(s) throughout the duration of the Partnership.
5.5.2.
If the OTA Accounts used to List the Partner’s Location(s) were originally under the Partner’s name and ownership prior to the Partnership, the Manager agrees to return the ownership of the OTA Accounts to the Partner after the Partnership End Date.
5.5.3.
The Manager agrees to save and store all of the Partner’s previous OTA Listing descriptions and Profile descriptions and return them to the Partner after the Partnership End Date.
5.5.4.
The Manager will not store or save the Partner’s original Listing photos.
BOOKINGS AND REVENUES 6.1.
The Rent charged to each Guest under a rental agreement will be set by Manager based on prices received for comparable Locations available in the local market. Rates may vary greatly due to weather, seasons, length of stay, availability, holidays, days of the week, number of occupants, etc.
6.2.
In the event a Guest takes possession of the Location and is moved for any reason to another the Location, referred to as a “Relocation”, the Rent collected for the entire length of the Guest’s stay in both the Locations will be allocated to Partner’s Location pro rata based on the number of nights the Guest stayed in the respective Locations.
6.3.
In the event a dispute arises with a Guest regarding the Location, on or after taking possession of the Location and for any reason, which is resolved by a reduction of Rent, the Rent amount for the purposes of this agreement shall be the amount collected in settlement of the dispute.
6.4.
The Rent consists of the rent paid by Guests to Manager for the rental of the Location.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
6.5.
Partner's revenue shall be transferred to Partner by Manager with the monthly statement record referenced., less any other amounts due to Manager or others as provided for in this agreement.
6.6.
The following expenses will be processed by Manager and deducted for the purposes of calculating Partner revenue: 6.6.1.
A cleaning fee equivalent to the cost of cleaning and laundering charged directly to the Guests. The expected cleaning fee is represented in the Sonder Management Agreement, although in the event that a cleaning costs the Manager more than amount, the difference will be billed to the Partner in the Monthly Statement.
6.6.2.
In the event that a Guest pays by credit card and directly to Manager, a transaction fee equal to 3%;
6.6.3.
Any transaction fee’s enforced by the OTA which the Booking occurs through such as Homeaway’s 2.75% transaction fee;
6.6.4.
Supplies, including but not limited to coffee, tea, sugar, creamers, stevia, oil, salt, pepper, toilet paper, tissues, hand soap, dish soap, dish sponges, aluminum foil, plastic wrap, paper towels, garbage bags, body wash bottles, shampoo bottles, conditioner bottles, air fresheners and candies will be billed at a rate stated in the Sonder Management Agreement, per Booking;
6.6.5.
Bedding Turnover Costs, including but not limited to the cost of washing, drying folding and preparing all towels, loose sheets, fitted sheets, pillow cases, pillows and duvets, at a per bed per stay rate represented in the Sonder Management Agreement;
6.6.6.
Advertising fees and expenses such as Airbnb’s 3%, HomeAway’s 10% and Booking.com’s 15% transaction fees;
6.6.7.
A Broker’s fee in the event that the Manager uses a Real Estate Broker to rent the Location for a Long Term Rental;
6.6.8.
Any other fees, costs and expenses incurred by the Manager in Onboarding, Maintenance and/or Emergencies.
6.7.
A security deposit in an amount determined by the Manager will be collected by Manager prior to the commencement of each Guest occupancy to cover any damages or excessive wear and tear caused by the Guest to the Location or its contents and discovered by Manager when the Guest vacates the Location, including any charges for extra cleaning brought about by the Guest.
6.8.
The security deposit collected by Manager shall be returned to the Guest in full if either of the following events do not occur: 6.8.1.
Guest Cancellation at any time before check-in. Under this circumstance the amount kept is determined by the Cancellation Policy set on the Listings location
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
6.8.2.
7.
On the end date of the Guest’s occupancy, the amount kept will be equal to the amount needed to cover any charges for damage, excessive wear and tear and extra cleaning determined to exist by Manager on inspection concurrent with the Guest vacating the Location.
6.9.
Manager may partially or fully refund a Guest’s Rent and security deposit if a reasonable likelihood exists of a continuing dispute or litigation with the Guest arising for any reason, such as cancelled Bookings, shortened stays, removal to other Locations, etc.
6.10.
In the event the collection of the Rent or an eviction of a Guest shall become necessary, Manager is to incur only those administrative expenses associated with correspondence, billing notices and telephone calls. All other collection or eviction expenses shall be Partner’s responsibility, including legal fees and expenses.
6.11.
In the event a collection agency is employed by Manager to recover monies due from a Guest, Partner hereby authorizes payment to the agency of a collection fee based on a percentage of monies collected by the agency. Any collection fee paid will be deducted entirely for the purposes of calculating Partner’s revenue.
6.12.
Manager makes no guarantee to Partner about the amount of income Partner may anticipate receiving under this agreement. However, the rental income from Bookings under this agreement will be derived solely from rental of the Location, there being no pooling of income or expenses with other the Locations.
6.13.
GST, QST and any other similar taxes applicable to any amounts collected or paid pursuant to the terms of this agreement shall be collected, paid and/or remitted by Partner in accordance with applicable laws.
MAINTENANCE OF THE LOCATION BY PARTNER 7.1.
Partner agrees: 7.1.1.
to provide furniture and furnishings, including eating utensils and electrical appliances, and interior design appointments;
7.1.2.
to maintain the Location, any patios, atrium or courtyard and all furniture and furnishings in first class condition by periodically eliminating build up of normal wear and tear imposed on the Location by its occupants, which will require painting and repair, or replacement of such items as floor covering, fixtures and furnishings. Partner may elect to authorize Manager, or outside vendors hired by Manager, to provide the services necessary to eliminate wear and tear, for which Partner will be charged and the amount deducted from Partner’s revenue;
7.1.3.
to pay before delinquent all charges incurred by the Location for gas, electricity, telephone, television, cable and all other similar public services, including installation, connection and disconnection charges;
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
8.
7.1.4.
to pay before delinquent all property taxes and assessments of any kind imposed on the Location and its improvements, facilities, personal property and appurtenances, and every other lien or expense relating to the Partnership of the Location;
7.1.5.
if Partner fails to meet his obligations in this paragraph, Manager is authorized to pay all amounts necessary to cure the failure and deduct the amounts paid plus an administrative fee at any rate the Manager deems necessary from Partner’s revenue.
7.1.6.
A breakdown of charges that will be applied to the Partner’s payout depending on the level of which the Location is neglected is listed in the Location Issue Charges table.
DAMAGED OR MISSING PROPERTY 8.1.
Partner shall immediately report to Manager any damages to the Location or items of personal property missing from the Location which Manager did not observe on its previous inspections as each Guest vacated the Location. Upon notice of damage or loss of items, Manager will attempt to establish the specific Guest responsible for the damage or loss and shall make a demand on the Guest and use its best efforts to obtain restitution from the Guest.
8.2.
The Manager is not liable for any items that are damaged or go missing from the Partners home. The Manager encourages each Partner to remove any valuable items from their homes prior to Renting.
8.3.
Partner, not Manager, is responsible for: 8.3.1.
Repairs or replacements of any damage or destruction to the Location or its contents and for the replacement of any lost, stolen, or missing personal items or other property located in the Location (including any garage or other storage space) not covered by the security deposits collected from Guests, or unobtainable or uncollectible from Guests;
8.3.2.
Maintenance of adequate insurance coverage in respect of the Location, its contents and public liability as would a prudent Partner insure against;
8.3.3.
Maintenance of an itemized inventory of personal property in the Location.
8.3.4.
If the Partner has agreed to the Maintenance Pre-Approval, the Manager can execute any repairs or maintenance within the Pre-Approval Limit, and will bill the Partner the costs incurred in the Monthly Statement
8.3.5.
If the Partner has agreed to the Maintenance Pre-Approval, however the situation calls for repairs or maintenance that are greater than the Limit, the Manager will use its best efforts to contact the Partner so that they can authorize the Manager to execute the repairs or maintenance. If after multiple attempts of trying to contact the Partner in an emergency situation, the Manager may perform actions to fix the emergency by any means necessary and will bill the Partner for any costs incurred when performing these actions.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
9.
MISCELLANEOUS CONDITIONS 9.1.
Partner agrees to give Manager a 30-day prior written notice of Partner’s intent to place the property on the real estate market for sale. Since it is not feasible to rent the Location while it is on the market for sale, Manager may choose to terminate this agreement after notice of the intent to sell. Partner and his sales agent, if any, shall not show the Location to prospective buyers during any occupancy by a Guest and will advise prospective buyers of any future Bookings created under this agreement. Upon sale of the property, Partner agrees to provide a minimum of 30-day written notice prior to change of possession of the unit. If the new owners do not want to proceed with Sonder then 30-day written notice can be provided to Sonder to vacate the property upon possession date and change of ownership.
9.2.
Manager may change any Terms in the Terms of Service without having to notify the Partner with the exception of any Terms that affect the Partner's statement. Changes to Terms that do affect the Partner will be shared with 30 days’ notice prior to effect.
9.3.
Manager may change the Terms for management fees and charges in this agreement by giving Partner 30-day notice of change in terms, listing the terms which will apply to this agreement after the 30-day period. If these changes are unreasonable to the Partner then they can terminate the contract as per condition in section 3 of this contract.
9.4.
9.3.1.
Manager shall market and promote Partner’s Location as a vacation rental.
9.3.2.
Marketing and promotion of vacation rentals may require Manager to employ the services of third parties, such as travel and Booking agents, real estate brokers, publishers and distribution of brochures, and the posting of rental signs, or the use of other marketing techniques as Manager deems appropriate.
9.3.3.
Manager is authorized for promotional purposes to make the Location available on a complimentary basis for up to five days per year to advance meeting planners, tour planners, travel writers, golf/ski/tennis professionals or celebrities and others related to bona fide vacation rental promotional activities. Complimentary use of each the Location managed by Manager will be equitably allocated between all the Locations managed by Manager, and where possible, shall be limited to days when the Location would not be occupied under a Booking. Manager shall provide all linens and cleaning services required during the complementary use and be responsible for any damage to the Location occurring during the complimentary occupancy period.
9.3.4.
Manager is authorized to offer promotional discounts from time to time to promote the Location and increase the occupancy rate of the Location.
Partner hereby indemnifies and agrees to hold Manager harmless from any liability, loss, damage, cost or expense, including legal fees and judgments, arising from injury to person or property, sustained by anyone in connection with the rental of the Location, not caused by the negligence or willful conduct of Manager or its employees or agents. Partner shall maintain, inter alia, public liability insurance coverage for personal injury and property damage occurring with respect to the Location, which policy shall be made available to Manager on request.
DocuSign Envelope ID: 47D6BCEA-93E0-45E4-8225-69B127A7801D
9.5.
This agreement constitutes the entire understanding of the parties, and no other representations, statements, warranties or agreements exist with respect to the subject matter of this agreement.
9.6.
Before any party to this agreement files an action on a dispute arising out of this agreement which remains unresolved after 30 days of informal negotiations, the parties agree to enter into nonbinding mediation administered by a neutral dispute resolution organization and undertake a good faith effort during mediation to settle the dispute.
9.7.
The prevailing party in any dispute shall be entitled to reimbursement of all reasonable fees and costs, unless they proceed with litigation before the courts without first offering to enter into mediation to resolve the dispute.
9.8.
Partners acknowledge and agree that any time-based promotional offer, such as a one month trial with a lesser Management Fee refers to bookings that occur within that month.
9.9.
This agreement shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. The Partner hereby irrevocably submits to the jurisdiction of the courts of the Province of Quebec in connection with any judicial proceeding relating to this agreement.
9.10.
The Manager reserves the right to promote other Locations that reside in the same city as the Partner’s Location, but are not necessarily theirs. These sentences are not used in malice, but to promote the network of Locations therefore benefiting all Partners who work with the Manager.
9.11.
Sonder may from time to time, in its sole discretion, provide or arrange services for Guests, including but not limited to equipment rental (cribs, linens, etc.), trip insurance, tenant damage insurance, long distance telephone service, special event bookings and other special services requested by Guests. Partners acknowledge and agree that Sonder may receive additional fees from Guests or third party vendors for arranging such services, and that any such fees shall belong exclusively to Sonder. Sonder may also charge and retain reasonable fees for late check outs. All notices and demands under this agreement between Partner and Manager shall be transmitted using contact information listed in the Sonder Management Agreement Agreement.
9.12.
9.13.
At the request of the Partner, this agreement and all other documents associated with this agreement and all related notices shall be drafted in English. À la demande du propriétaire soussigné(e), la présente entente et tous autres documents et avis seront rédigés en anglais.
Last updated on December 11th 2015
