Owner Contract

MY VACATION RENTAL ASSISTANT USER AGREEMENT
This User Agreement ("Agreement") is a contract between you and My Vacation Rental Assistant, LLC ("MyVRA") and applies to your use of the MyVRA rental assistant services and any related products and services available through www.MyVRA.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.
1. Eligibility. In order to use the Service, you must agree to the terms of this agreement and register your property with MyVRA. There is no limit to the number of properties you register. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law, and to those individuals having legal authority to enter into written contracts regarding the lease of the property you register with MyVRA. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.
2. The Legal Relationship between You and MyVRA.
	2.1 Independent Contractor Relationship. MyVRA acts as a rental assistant to help ease the administrative duties of renting of your property. We act solely based upon your direction and your requests to use our Services. The relationship between you and MyVRA is that of independent contractors, and nothing in this Agreement shall be construed as creating an agency, partnership, or joint venture of any kind.
	2.2 MyVRA is only a Rental Assistance Service Provider. MyVRA acts as a rental assistance service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the advertising, maintenance, or damage to homes rented through our Service. We cannot ensure that a renter you are dealing with will actually complete the transaction and we cannot ensure any particular level of success in renting your property. MyVRA is not a registered Real Estate or Property Management Agent, and does not endeavor to represent Owner or the Property in any such capacity.
	2.3 Identity Authentication. We use email addresses as login IDs to help identify our users when they register on our site. However, because user verification on the Internet is difficult, MyVRA cannot and does not guarantee any user's identity.
	2.4 Release. In the event that you have a dispute with one or more renters, you release MyVRA (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
	2.5 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
	2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
	2.7 Indemnification. You agree to indemnify and hold MyVRA, its parent, subsidiaries, affiliates, officers, directors and employees harmless to the extent allowable by law from any and all costs, expenses, attorneys' fees, suits, liabilities, damages or claims for damages, including but not limited to, those arising out of any injury or death to any person or loss or damage to any property of any kind whatsoever and to whomsoever belonging, including You, in any way relating to or arising out of the rental of your property or the performance or exercise of any duty or obligation or authority set forth in this Agreement or the documents it incorporates by reference, except to the extent that such may be the result of gross negligence or willful or intentional misconduct by MyVRA
3. Duration of Agreement. This Agreement shall be binding and become effective upon the date when you click "I Agree" below. This Agreement shall remain in effect thereafter until either party notifies the other party in writing of its desire to terminate.
4. MyVRA's Fee. For services performed hereunder, you shall pay MyVRA a fee on all Gross Rental Income, Additional Charges and Taxes on all Property Rental Agreements (“PRAs”) entered into during the term of this Agreement for any Property registered by you with MyVRA. The fees will be determined based on how receipts are received and will be equal to three percent (3%) for credit card receipts and three percent (3%) for electronic check receipts. MyVRA’s fee shall be deemed earned upon receipt from the renter. MyVRA is authorized to deduct fees earned under this paragraph from rents and additional charges collected by MyVRA.
5. Termination. Either party may terminate this Agreement via email notification to the other party. Termination will be effective immediately upon notification. Any PRA that has been executed prior to the termination notification shall remain binding and effective. Upon termination, both parties shall take such steps necessary to settle all accounts between them.
6. Disclosure of Other Fees. MyVRA may from time to time, in its sole discretion, contract with a renter to provide or arrange additional services requested by Renter. You acknowledge and agree that MyVRA may receive additional fees from renters or third party vendors for arranging such services, and that any such fees shall belong exclusively to MyVRA.
7. Authority and Responsibilities of MyVRA. During the term of this Agreement, MyVRA shall:
(a) Maintain an Internet website that is accessible to you and potential vacation Renters to facilitate provision of the Rental Assistance services set forth in this Agreement (Disclaimer: MyVRA cannot guarantee continuous, uninterrupted or secure access to its Internet services, and operation of the Internet website may be interfered with from time to time by numerous factors outside of MyVRA's control);
(b) Contact all Internet-based property listings on which you maintain a listing of your property(ies) for vacation rental, and provide an internet link to the MyVRA Rental Inquiry form (This link is critical to the functionality of the Service);
(c) Accept rental inquiries from potential Renters of the Property and notify you via email of such inquiry, facilitate electronic communication between you and potential Renters, and maintain a written record of all communications between you and potential Renters that are conducted via the Internet website;
(d) Provide a Property Rental Agreement ("PRA") for use between you and Renters, a current copy of which will be maintained on MyVRA's Internet website. You will determine the deposits, rents, and fees payable under the PRA for the Property. While the terms and conditions of the PRA may change from time to time, you will always be allowed to provide a list of Owner's Rules and Regulations that shall be an attachment to the PRA;
(e) Upon execution of the PRA by a Renter, collect all deposits, rents, and fees that become due under the PRA, and hold such deposits, rents and fees in escrow. MyVRA may place such advance payments in an interest-bearing account(s), and you agree that any such interest shall belong to MyVRA, and that MyVRA may remove such interest from the account(s) at all times and with such frequency as is permitted under the terms of the account(s). MyVRA will provide to you an online accounting that sets forth the names of the renters, rents, deposits, and fees collected.;
(f) On a biweekly basis MyVRA shall forward the rent and additional fees, less MyVRA’s fee, to property owners. The amount forwarded will be determined based on all rent and additional fees received by end of day prior to check cutting, less previous payments;
(g) Refund deposits to renters when directed to do so by the property owner through the deposit return function;
(h) Maintain a Renter’s Dispute Resolution Program, as described more fully below, to resolve any disputes between a renter and Owner regarding the leasing of the Property;
(i) Maintain an Owners and Renters feedback system on the Internet website so that Owners, Properties and Renters may receive ratings over time to indicate their desirability.
(j) Maintain accurate records of all funds received and disbursed in connection with the Property, and provide you with statements of all monies received and disbursed;
8. Your Responsibilities. During the time this Agreement is in effect, you agree to:
(a) Maintain at least one Internet listing of any property you register with MyVRA, and provide MyVRA with authority to link the MyVRA Rental Inquiry form to that Internet listing;
(b) Maintain accurate information on the Property Profile provided by MyVRA;
(c) Promptly notify MyVRA of any problems that may arise relating to a renter's occupancy of the Property, and provide MyVRA of an accounting of any amounts that should be deducted from the renter's deposit.
(d) Not take any action or adopt any policy the effect of which would be to prevent you from offering your registered property for rent in compliance with all applicable federal and state laws and regulations, including but not limited to, those laws and regulations prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicap or familial status in the leasing of the Property;
9. Default. If either party defaults in the performance of any of its obligations hereunder, in addition to any other remedies provided herein or by applicable law, the non-defaulting party shall have the right to terminate this Agreement if, within thirty days after providing the defaulting party with written notice of the default and the intent to terminate, the default remains uncured. You will be found to be in default if MyVRA determines that you have abused the MyVRA website by posting, or communicating to renter, any false, inaccurate, misleading, defamatory, or libelous information, or information that violates the copyright, trademark or other legal rights of any third parties, or you and/or your registered property receive excessively negative feedback.
10. Resolution of Disputes between You and Renters. You and Renter will discuss in good faith and attempt to resolve informally any disputes which may arise regarding the PRA or the rental property, including, without limitation, any asserted material deficiency in the property or any property damage claim. If any such dispute is not resolved by direct communication between you and Renter, you agree to participate in MyVRA's Renter Dispute Resolution Program, as described below, in lieu of taking any unilateral action against Renter.
Within thirty (30) days of check-out from the Premises, Either you or Renter must file a Dispute Resolution Request Form on MyVRA's website at www.MyVRA.com, detailing the unresolved complaint. Renter shall be deemed to have waived any complaint or claim against you which is not the subject of a Dispute Resolution Request Form filed within such 30-day period. Upon the timely filing of a Dispute Resolution Request Form, My VRA will contact you and investigate the claim. Both you and Renter will be asked to provide evidence substantiating your position. MyVRA will make a determination of the rights of the parties regarding any pending dispute within a reasonable time not to exceed fifteen (15) days from the date of the filing of the Dispute Resolution Request Form. You agree to be bound by the determination of MyVRA and shall comply therewith in all respects.
11. Resolution of Disputes between You and MyVRA. In the event a dispute arises between you and MyVRA, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MyVRA agree that any controversy or claim at law or equity that arises out of this Agreement or MyVRA's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, MyVRA strongly encourages you to first contact MyVRA directly to seek a resolution. MyVRA will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
	(a) Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00, you or MyVRA may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
	(b) Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Georgia. You agree to submit to the personal jurisdiction of the courts located within the county of Fulton County, Georgia.
	(c) All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to $1,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
12. Non-Waiver of Default. The failure of either party to insist, in any one or more instances, on the performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party with respect thereto shall continue in full force and effect.
13. Entire Agreement; Modification. This Agreement contains the entire agreement of the parties and supercedes all prior written and oral proposals, understandings, agreements and representations, all of which are merged herein. No amendment or modification to this Agreement shall be effective unless it is in writing and executed by all parties hereto. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14. Governing Law. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
16. Assignability. Owner may not transfer any rights or obligations you may have under this Agreement without the prior written consent of MyVRA. MyVRA reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
By clicking "I agree" below, you signify that you have read, understood, and agreed to the terms of this agreement.