Total $4,500.00 Due: 02/28/2018
Daniel Stadlin has invited you to pay $____ towards the upcoming rental of Renees Way located in East Hampton, NY.
Please click "Pay Now" below in order to complete payment.
Payment request sent to email@example.com.
Prelude: By completing the account registration process, you are entering into this Promotion Agreement (“Agreement”) by and between StayMarquis (“Marquis”), and the “Member” (hereinafter also referred to as “you”). Marquis provides members with a platform (the “Platform”) to market homes (each a “Property’) to renters (“Guests”) for periods of occupancy (each a “Reservation”). By entering into this agreement, you are either the owner of or, authorized to transact business on behalf of, the Property as stipulated in this Agreement. For the purpose of providing services, Marquis uses different legal entities in different geographic regions. If the Property is located in Colorado, “Marquis” means Marquis Colorado, LLC. If the Property is located anywhere other than Colorado, “Marquis” means Marquis New York, LLC. Either party may terminate this agreement at any time, provided that both parties’ obligations with respect to Reservations existing at the time of such termination shall survive that termination. Member acknowledges that Marquis has made no guarantees (written or verbal) with respect to occupancy or income levels for any Property, with respect to this Agreement.
Services: Marquis offers two primary service tiers: “Elite” and “Marquis”. Differences include:
Elite Program: If you elect Elite, Marquis handles all marketing, pricing, booking, and guest communication up until the Guest pays in full. Thereafter, all services (check-in, cleaning, other property-related services) are coordinated by the Member or their authorized representative.
Marquis Program: If you elect Marquis, you receive a more turn-key level of service. In addition to the services provided within the Elite program, Marquis provides certain rental management services, which include preparing the house prior to Guest arrival, greeting the Guest, acting as the Guest’s primary point-of-contact before, during, and after a Reservation (and handling any questions around the systems of the home), cleaning the Property, and performing post-Reservation inspections. We are equipped to rectify issues as they arise during a Guest’s stay, but the time it takes to rectify issues will be billed to the Member.
Marquis charges a commission (“Marquis Fee”) for each Reservation at the time the Reservation is confirmed. The amount of the Marquis Fee varies by service tier and region and will be explicitly displayed to you when you select the service tier during the Property onboarding process. In the event of any extension of any Reservation beyond the period confirmed in the Booking Agreement, whether by amendment to the Booking Agreement or other agreement between Member and the Guest, Marquis shall be entitled to, and Member shall pay to Marquis, an amount equal to the Marquis Fee for the period of such extension (the “Extension Fee”).
Member may request to upgrade from the Elite Program to the Marquis Program at any time, though Marquis reserves the right to decline the request. You may downgrade from the Marquis Program to the Elite Program at any time, provided that you may make this change only for future Reservations that have not yet already been requested or confirmed.
Ancillary Services: Marquis, or its affiliates, may offer Member and Guests concierge, advisory, home improvement, and certain other ancillary services as stipulated in the Master Services Agreement. To learn more about ancillary services Marquis may offer, visit this link. To the extent Member engages any third-party to provide any services ancillary to any Reservation, Marquis disclaims any obligation to manage or monitor the performance of such services and shall not be deemed an intended third party beneficiary to any agreement executed in connection therewith.
Right to Market Property: During the term, Marquis will use best efforts to market Member’s Property. Marquis will create and manage a listing for the Property on www.staymarquis.com, as well as on the sites of Marquis’ Channel Partners, as Marquis deems appropriate. To avoid marketplace confusion, Member will not list the Property on any platform where Marquis already lists the Property, as indicted by Marquis from time to time. Marquis may, but is not obligated to, advertise on other channels including social media platforms, news outlets, direct emails, among others. With respect to marketing via Channel Partners, Member acknowledges that Channel Partners, in agreeing to promote Member’s Property, are authorized to mark-up the cost for Reservations otherwise agreed to by Marquis and Member. From time to time, third-party agents book properties on the Platform on behalf of their Guest clients and charge their clients a fee. Member permits Marquis to procure Reservations for the Property through these third-party agents.
Photography: As part of Marquis’ marketing efforts, Marquis will capture new photography of the Property. There is no cost for the first Property photoshoot. If the Property is not ready for that first photoshoot, as determined by Marquis or the photographer, Member shall owe Marquis $250, to be deducted from Member’s next payout. All photography is owned by Marquis and you shall not use photos, or cause third party brokers to use photos, in order to advertise or market the Property, or for any other purpose without Marquis’s prior written consent.
Access to Property: Marquis, its affiliates, and/or approved third-party service providers, shall have access to the Property during reasonable hours as may be necessary for the photoshoot, showings, inspection, maintenance, or making of repairs.
Exclusivity: Marquis only requires exclusivity for the Property on the platforms where it advertises, which may include but will not be limited to VRBO, Marriott International, Homeaway, Booking.com, TripAdvisor, Airbnb, and Luxury Retreats (“Channel Partners”). Member must deactivate any existing listings that are on Channel Partner sites unless Member provides Marquis with written notification of the listing(s) you plan to retain and manage and Marquis consents.
Member may work with third-party agents to procure Reservations. Marquis may allow Member’s agent to effectuate the Reservation (“Agent Reservation”) through the Platform. For an Agent Reservation, Member shall pay to Marquis an agreed-upon brokerage commission (fee of the total Reservation cost) in addition to any other fees Marquis is entitled to connection with such Reservation(s), as described in this Agreement.
Accurate Availability: To ensure we have confidence in your current availability, you may receive a weekly email/text message with a link prompting you to confirm or modify your property’s availability. We require you to confirm availability at least once every 4 weeks. If we have been unable to confirm your availability within a 4-week period, we will pause your listing. Properties on our platform are displayed in the order of the most recent confirmed availability. Any more than one reservation being canceled due to inaccurate availability will be considered a breach and will result in Marquis re-evaluating your property’s suitability for the Platform.
Member Account Member shall, for so long as the Property is listed by Marquis, maintain a valid sub-merchant account (a “Merchant Account”), with Stripe, which Merchant Account shall be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By entering into this Agreement, Member agrees to be bound by the Stripe Services Agreement, as modified by Stripe from time to time. As a condition to Member’s and Marquis’ use of Stripe, Members agree to provide Marquis with accurate and complete information, as requested, and Member authorizes Marquis to share such information with Stripe, if and as appropriate. Marquis may, at its own discretion, elect to utilize a different platform to effectuate Member payouts. In such a case, Member agrees to take all steps necessary to register with the new platform including but not limited to; creating an account, agreeing to the services agreement of the platform, and providing any requested information required by the new platform.
The Booking Process:
Booking Agreement: Marquis provides the Booking Agreement for each Reservation, which is the contract entered into by the Member and Guest. Marquis is not a party to the Booking Agreement except to the extent stated explicitly in that agreement. If a Reservation comes through Airbnb, Luxury Retreats, or Marriott International, the Booking Agreement provided by each respective platform will remain in full force and effect.
Guest Cancellation of Booking: Except as described in the Paragraph entitled “Member Cancellation of Bookings”, all Guest payments made through Marquis are non-refundable. In the event a Guest cancels their Reservation, we will immediately re-open the dates that the Guest was booked for at your Property. In the event we are able to re-book the Property for an amount of equal or higher value than the amount the Guest was booked for, Marquis reserves the right to issue the Guest a full refund, independent of the Member’s preference. If Marquis elects to issue a refund to the Guest, Member shall promptly return to Marquis any funds already paid out in connection with the Reservation. Member has 2 days to remit payment due to Marquis in connection with the cancellation.
Member Cancellation of Booking: If Member cancels a Reservation or displaces Guest for any reason, Member shall be liable for returning that Guest’s paid amounts, any costs to upgrade Guest to another property, Marquis Fee due on the canceled Reservation, and all attorney’s fees incurred by Guest and Marquis in enforcing this obligation. Member has 30 days to remit payment due to Marquis in connection with the cancellation.
Marquis Cancellation of Booking: Marquis may cancel a Reservation at its sole discretion if it deems the Property unfit or diminished below its custom standards. If Marquis chooses to cancel a Reservation, Member shall promptly return to Marquis any funds already paid out in connection with the Reservation. Member has 30 days to remit payment due to Marquis in connection with the cancellation.
Guest Disputes: If a Guest issues a chargeback, or other dispute, on their payment resulting in the funds being withdrawn from Marquis’ account, Marquis will immediately notify Member and will draw the funds from Member’s Merchant Account in an amount equal to the chargeback amount. If Member’s Merchant Account lacks sufficient funds to cover the chargeback amount, Marquis will notify Member of the chargeback, and Member shall remit payment to Marquis in the amount of the chargeback within two business days of Marquis notifying Member.
Security Deposits: Member agrees to allow Marquis to collect a security deposit for each Reservation, the amount of which is set forth during the Property onboarding process. Certain Channel Partners may not permit the collection of a security deposit and we will notify you of this in the “New Booking Notification” email. Security deposits will be returned to guests within 14 days of check-out if no claims are made against the deposit. Marquis reserves the right to transfer the security deposit to a third party in order to mediate the dispute/claim against the security deposit, and upon any such transfer, Member releases Marquis from all claims with regard to the release (or non-release) of any such security deposit or portion thereof. Any Member claims against the security deposit must be sent to Marquis within the time stipulated on the “Check-Out Notification” email you will receive upon Guest check-out, and must include: (i) an assessment of the dollar value of the damages (ii) evidence of the damages, and (iii) evidence that the damages did not exist prior to the Reservation. If you fail to timely submit this information, Marquis may, in its discretion, reject your request for a security deposit release in the entirety. Notwithstanding the foregoing, if you elect the Marquis Service Tier, you may have the option to cause a Marquis representative to manage claims, on your behalf, against security deposits and in such situation grant such Marquis representative full power and authority to do so.
Marquis’ Discretion to Rectify Issues: To the extent Marquis can reasonably mitigate any issue present during a Reservation that in Marquis’s opinion could result in an obligation to the Member to refund the Guest, Member grants Marquis the authority to do so, and to reimburse Marquis for any costs incurred in connection with such efforts.
In the event of amounts owed by Member to Marquis in connection with a cancellation, chargeback, security deposit, Guest dispute, or Marquis’ discretion to rectify issues, Marquis will first deduct any amounts due from future payouts. If the Member does not have available funds, Marquis will attempt to reverse a prior payout to Member to cover any amounts due. If Marquis is unable to retrieve amounts due, and Member does not satisfy said amount within 30 days, Member authorizes Marquis to file a UCC-1 Financing Statement evidencing a lien against the Member’s personal property, such sums shall accrue interest at the rate of 2.5% per month for each 30 days such amount remains outstanding. Any lien filed, as permitted herein, shall attach from the date of the failure of payment and may be enforced in like manner as a mortgage or deed of trust on real property or a security interest in personal property, as appropriate, subsequent to the recording of a notice or claim thereof.
Utility Fees: Member may include the cost of utilities in the rental amount or can collect utility fees by charging a fixed nightly rate upfront to the Guest. In the event the Guest’s actual utility usage exceeds the cost of the utilities collected, Marquis will attempt to collect the overage from the Guest by deducting the overage amount from the security deposit on file or if none exists, requesting additional funds from the Guest. Member must provide proof of the actual cost of utilities for the Reservation period within 10 days after Guest checks out. If Marquis is unable to collect the overage amount, Member’s sole remedy is with the Guest.
Insurance: Member must procure homeowners insurance that specifically covers Property rentals and short-term occupancies, on an occurrence (and not a claims-made) basis. Because some policies may specifically exclude renting from coverage, Members should confirm that their policy covers them, Guests, and their Property for the purposes of this Agreement. Member must add Marquis as an additional insured party to its homeowner’s insurance policy. As an added layer of protection, Marquis may maintain property damage insurance for each Reservation that covers Member up to $5,000 per incident and $25,000 in the aggregate for the year. The minimum claim for any one item is $50. It also comes with a $1,000,000 liability policy, access to which is contingent on Member’s payment of a $10,000 deductible. This Marquis insurance is a supplement to, and not a replacement of, the homeowners policy Member agrees to obtain.
Brokerage: In the event of a purchase of the Property by a Guest, Member agrees to pay to Marquis a real estate brokerage commission equal to three percent (3%) of the total purchase price. Upon any such sale, Marquis will provide Member with its real estate brokerage license information.
Taxes: Marquis merely makes available the Platform for Members and Guests to find one another and, if they wish, arrange for accommodations. Member is solely responsible for determining Member’s tax reporting requirements and payment of income, real estate, personal property, and sales taxes, if any, relating to the Property or similar tax due on proceeds from Property Reservations. Marquis cannot and does not offer tax advice to Member or to Guests. Marquis will provide Member with a Form 1099 if required by law. Member will provide to Marquis, promptly upon receipt of a written request from Marquis, a completed W9 form. Marquis may, in its discretion, withhold any payments to Member until it has received such W9 form.
Compliance with Laws: Member will abide by (and as necessary, investigate) all local, municipal, state and federal laws, rules, ordinances, and regulations with regard to their use of the Site, Booking Services, and Ancillary Services. Marquis, although not liable for legal or regulatory compliance pertaining to Properties listed on the Platform, may from time to time be obligated (as we may determine in our sole discretion) to provide information relating to the Property or any current or past Reservation in order to comply with governmental investigations, litigation or administrative proceedings, and Marquis may, in its sole discretion, comply or disregard such obligation.
Indemnity: Member agrees to defend, indemnify and hold harmless Marquis and its Affiliates (collectively, the "Indemnitees") to the fullest extent permitted by law from and against any and all losses, claims, demands, costs, damages, liabilities, joint and several, expenses of any nature (including attorneys’ fees and disbursements), judgments, fines, settlements and other amounts of any nature whatsoever, known or unknown, liquid or illiquid (collectively, “Liabilities”) arising from any and all claims, demands, actions, suits or proceedings, whether civil, criminal, administrative or investigative, relating to a Reservation at the Property, Member’s breach of this Agreement, or any fraud, gross negligence or willful misconduct by Member. In the event of such indemnification, Marquis may elect its own counsel and Member can participate in the defense at Member’s own additional cost.
Marquis Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL (i) MARQUIS OR (ii) ANY OF ITS AFFILIATED ENTITIES, OR EITHER OF THEIR SHAREHOLDERS, MEMBERS, CONTRACTORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES OR REPRESENTATIVES (COLLECTIVELY THE “AFFILIATES”), BE LIABLE FOR ANY DELAYS, ACCIDENTS, DAMAGES, INJURIES OR LOSSES SUFFERED BY OR WITH RESPECT TO MEMBER, THE GUEST (OR GUEST’S INVITEES). MARQUIS IS NOT RESPONSIBLE OR LIABLE FOR MANAGING OR MAINTAINING THE PROPERTY (OTHER THAN AS AGREED TO IN WRITING) OR FOR THE ACTIONS, INACTIONS OR FAULTS OF MEMBER OR ANY OTHER THIRD PARTY INVOLVED IN THE BOOKING OR MANAGEMENT OF MEMBER’S PROPERTY. NEITHER MARQUIS NOR ITS AFFILIATES SHALL BE LIABLE TO THE MEMBER FOR ANY SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES (INCLUDING LOSS OF DATA, REVENUE, AND/OR PROFITS) COSTS OR EXPENSES (INCLUDING LEGAL FEES AND EXPENSES), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THIS AGREEMENT REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES OR OTHERWISE, AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. MARQUIS’ MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE THE AGGREGATE OF ALL MARQUIS FEES COLLECTED ON BEHALF OF THE MEMBER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY FIRST AROSE.
Entire Agreement: Together with any agreements between Member and Marquis with respect to additional services, and each Booking Agreement Member executes, this Agreement constitutes the entire agreement between Member and Marquis, and replaces any other agreements existing prior hereto whether made orally, in writing, or otherwise.
Intellectual Property: Marquis has and continues to invest substantial time and resources to develop marketing material to promote the Property and other Marquis Members’ properties. Member agrees that ownership of these materials, and all intellectual property embedded therein, belong exclusively to Marquis and that Member will not use (or allow anyone else to use) any of those materials without Marquis’ prior consent.
Force Majeure: Member is permitted to cancel a Reservation without penalty, upon reasonable advance written notice to Marquis, if an act beyond Member’s reasonable control (for example, fire, flood, hurricane, pandemic, government regulation, etc.) would prevent a Guest from reasonable use of the Property during that Reservation. Member agrees to return to Marquis (or otherwise authorize Marquis to collect from Member or withhold from Member’s future disbursements) a pro-rated portion of any fees received for a Reservation canceled for these reasons.
Miscellaneous: This Agreement may be amended from time to time by Marquis. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict or conflict of law principles. Any suit or other action arising out of, or in connection with, this Agreement may be brought only in the New York state courts sitting in New York County, New York or in the United States District Court for the Southern District of New York and each of the Parties hereby irrevocably consents to the jurisdiction of, and venue in, such courts.
Marquis Rights: This agreement does not restrict Marquis’ rights to sell or advertise products in connection with the Platform and Member is not entitled and will not be paid any portion of Marquis’ proceeds from such activities.
Final Member Representations
Terms & Policies
THIS BOOKING AGREEMENT (this “Agreement”), is entered into as of the date set forth on the signature page of this Agreement (the “Effective Date”), by and among the “Member” and the “Guest” (as each are defined on the booking confirmation page viewed and accepted by the Guest as a condition precedent to being presented with this Agreement (the “Booking Page”)), and Marquis, as defined in Section 10(s), herein (“Marquis”), as an intended beneficiary with respect to, but only with respect to, those particular provisions within which Marquis is explicitly referenced. The Member and the Guest may be referred to as the “Parties” and each individually as a “Party” throughout this Agreement.
WHEREAS, the Member is the manager or owner, or an authorized representative acting on behalf of the manager or owner, of the real property located at the address set forth on the Booking Page (the “Property”); and
WHEREAS, the Member has promoted the Property as available for temporary occupancy for the “Occupancy Period” (as defined on the Booking Page); and
WHEREAS, the Guest desires to rent the Property (the “Reservation”) for the period of time during which the Guest desires to occupy the Property (the “Occupancy Period”).
NOW, THEREFORE, the Parties agree to be bound by the terms and conditions of this Agreement as they relate to the Reservation of the Property during the Occupancy Period.
You have confirmed.