HOST PROPERTY AGREEMENT
I hereby expressly acknowledge, understand, and agree to be bound by all terms and conditions of this MetroButler Host Property Agreement (“Host Agreement”) the MetroButler User Agreement (available at http://www.metrobutler.com/terms), and any amendments and additions that may made thereto from time to time. As consideration for this Host Agreement, MetroButler Agrees to provide me with Services consistent with the MetroButler User Agreement.
1. I will make no attempt to access, visit, or otherwise enter the Property during a Guest’s stay without MetroButler’s prior, express, written authorization. Should I reenter the Property during a Guest’s stay, in addition to any action that any Third-Party Platform may take on a Guest’s behalf, MetroButler may refund any amounts to the Guest that MetroButler deems appropriate, all of which will be unrecoverable by, and nonrefundable, to me. In such a case, I will remain obligated to pay MetroButler its commission as if no refund had been issued. Should I enter the Property during a Guest’s stay in a manner that interferes with the Guest’s stay such that MetroButler or the Third-Party Platform through which the reservation was made deems that relocation to another accommodation would be proper, I agree that upon request by MetroButler, I will pay any and all costs and fees associated with relocating any Guest(s) to another accommodation for the remainder of that Guest’s stay.
2. I agree to pay any fees associated with any payment I make to MetroButler, including, among other things, any fees for incoming wire transfers, bounced payment, or insufficient funds charges. Such fees may be deducted, at MetroButler’s sole discretion, by MetroButler from any payout amounts that may be due to me.
3. I hereby agree to indemnify, defend, and hold harmless MetroButler, its directors, officers, employees, agents, affiliates, attorneys, independent contractors, providers, and subsidiaries from and against any and all claims, losses, expenses or demands of liability, including attorneys fees and costs incurred – whether threatened or actual – in connection with my use of MetroButler’s content or services, including damages (including, but not limited to fire, flood, property damage, property loss, theft) that may arise during a Guest’s stay at the Property. I acknowledge that I am solely responsible for attempting to recover any expenses and losses directly from a Guest.
4. I understand and agree that making my Property available to any Guest is done solely at my own risk. Any potential harms that may arise from listing my Property or letting my Property to any Guest – including action by my building’s management, owners, or any government or regulatory authority – is my sole responsibility, and I agree not to take any action against any MetroButler for any such harm.
5. If I have represented, either implicitly or explicitly, by act or omission, that certain features or amenities are present at the Property and any such feature or amenity is not present or not functioning properly during a Guest’s stay, I authorize MetroButler to take any action MetroButler deems necessary or appropriate to make that feature or amenity available during that Guest’s stay, and I will bear all direct, indirect, and related expenses therefor.
6. In the event that I discover that any damage, theft, or loss (“Harm”) has occurred during a Guest’s stay for which I would like to file a claim, I hereby agree to furnish MetroButler with proof of such Harm sufficient to demonstrate that that Harm was the Guest’s responsibility, with specificity as to which Guest was responsible if the Harm could have arisen due to the acts or omissions of more than one Guest, including documentation, photographs, receipts, and estimates, as the case may be, and to fully cooperate with MetroButler to any extent it deems appropriate or necessary. Any receipts or estimates must be accompanied by the credentials of the good(s) or service(s) provider and must demonstrate that that provider is a qualified expert or professional (e.g. for a plumber or electrician, any invoice, receipt, or estimate must demonstrate that the vendor is currently and validly licensed, bonded, and insured). If I do not furnish MetroButler with such proof and my claim amount within forty-eight (48) hours from a Guest’s departure, I hereby agree to forfeit that claim but empower MetroButler, without limitation, to pursue that claim against that Guest or the applicable Third-Party Platform at MetroButler’s sole election. I further agree that MetroButler may deduct any amounts that it deems necessary or appropriate from any claim payment as reimbursement for its time and expenses arising out of and in connection with that claim.
7. I agree not to raise any claim for any Harm, which may arise during a Guest’s stay, to any item, fixture, or appurtenance that MetroButler has written up, flagged, or instructed me to secure prior to any Guest’s arrival. I agree that I am solely responsible for securing my valuables, and that I am solely responsible for any Harm that may arise to those valuables.
8. I certify that I have carefully reviewed the Host Questionnaire, Checklist, Host Responsibility Acknowledgement, and this Host Property Agreement, that the information contained thereon is accurate and complete to the best of my knowledge, that I have read, understand, agree to, and accept the terms set forth thereon, and that I authorize MetroButler to use any of the information contained thereon in any manner it deems necessary or appropriate in facilitating the hosting of or rental of my property.