Client shall supply and maintain the furnishings and keep the property in good order and repair. Client understands and accepts all risks associated with renting the property including, but not limited to loss and damage to any and all interior items in the property. Client should consider all items and furniture that are used by rental guests as expendable. SCMR will advise Client of special cleaning, repair or replacement required to keep the property in good order and repair. SCMR shall notify the Client in writing in the event the property is not kept up to acceptable standards, which are deemed to be the typical standards of comparable properties in the area. It is understood that in order to keep the property in acceptable condition, several services must be performed at different times of the year, typically during the Spring and Fall. Examples of these services include kitchen restocks, fan and humidifier replacement, blanket and pillow replacement, carpet cleaning and deep cleanings. SCMR performs these services for an additional fee. SCMR will inform Client via email or newsletter prior to performing scheduled services. Clients will have the ability to “opt-out” of these services. If the Client chooses to “opt-out”, it is the Client’s responsibility to maintain all SCMR standards. If the Client does not “opt-out”, then the Client agrees to the services and the charges for the services.

15. HANDLING GUEST REQUESTS:

It is common for guests to reach out to SCMR and request various items. Some guest needs are handled within the context of the maintenance services that are included with the program option you selected. For example, clearing a clogged drain or troubleshooting a malfunctioning television is typically an included part of our services. However, if a guest requests an item like a humidifier, fan, pillow, hair dryer, blanket, coffee maker or kitchen item, then SCMR will deliver a new or replacement item to the guest. This item will become a part of the property and will be charged to your account. SCMR keeps a supply of these commonly requested items in stock. It is our goal to fulfill guest requests as quickly as possible. These requests come in at all hours of the day and night 365 days per year. It would be impractical and disturbing to our Clients if we were to contact them each time a minor request is made by a guest. As your representative you authorize SCMR to make its best efforts to satisfy guest requests and deliver items on your behalf. You agree this process is in the best interest of both you and the guest because guest satisfaction is a key element to future rentals in your property.

16. REAL ESTATE SHOWINGS:

Client agrees to notify SCMR in writing when the property is placed upon the open market for sale. Client agrees that the property will only be shown when vacant or as coordinated through SCMR. SCMR will make every reasonable effort to accommodate real estate professionals. In the event that showings of the property conflict with the quiet enjoyment of rental guests, SCMR at its discretion may refund part or the entire rental payment or transfer rental guests to a comparable property or terminate this agreement immediately.

17. OWNERSHIP OF MARKETING:

Client shall own all rights to marketing created by SCMR, so long as said marketing is not proprietary to a third party and does not require SCMR to maintain the marketing. Marketing which requires a change in account status, username or passwords and requires SCMR to expend resources to enact changes will be charged to the Client at the standard SCMR hourly labor rate. Third party transfer fees are the Client’s responsibility to arrange and pay.

18. MANAGEMENT FEE:

Client shall pay to SCMR as a rental commission 30% of all gross monies collected. This fee will be deducted from each rental and accounted for via the monthly Client’s statement provided to the Client by SCMR. All management fees are earned at the time a reservation is taken and are payable to SCMR, at its discretion. Other fees may apply, including but not limited to, administrative and accounting fees, and resort fees. In the event that the Client sells the property or chooses to discontinue the relationship with SCMR, the fees are due to SCMR for any reservations, up to 90 days after written notice is given.

19. GOVERNMENT REQUIRED SHORT-TERM RENTAL FEES:

When necessary and allowed, SCMR will obtain a short-term rental permit/license on behalf of the Client. All permitting/licensing costs will be automatically charged to the owner via the normal owners billing process. An additional processing fee will apply. Clients who wish to avoid the processing fee may opt to obtain permits/licenses through their own efforts. In some jurisdictions, the local government requires Clients to obtain permits themselves. In these cases, SCMR will provide support and guidance to the Client at no additional cost.

20. SALES TAX, CLEANING FEE & RESORT RECOVERY FEE:

SCMR collects all sales tax from each rental guest, on behalf of the Client and remits this tax to the proper governmental entities. This tax is collected separately and in addition to the rental fees. A cleaning fee is collected from each rental guest and from Clients who use the SCMR cleaning service. This fee is collected separately and is in addition to the rental fees. The cleaning fee is set by SCMR based on many factors and may change from time to time. SCMR believes in the dignity of all work and pays cleaning staff a living wage. A resort recovery fee is collected from each rental guest separately and in addition to the rental fees. This fee has evolved over time to include multiple small fees, including credit card processing fees, internal labor for short-term rental government compliance costs, resort fees, political advocacy for the vacation rental industry and to cover the cost of guest convenience items inside each property. SCMR strives to keep this fee low.

21. REPAIR & MAINTENANCE SERVICES:

SCMR is authorized to make repairs or replacements up to Three Hundred ($300.00) without prior approval from the Client. SCMR shall contact the Client for approval prior to contracting for any and all major non-emergency repairs exceeding $300.00. However, SCMR is authorized to make, at the Client’s expense and without prior approval any emergency repair involving danger to life or property or for the preservation of the safety of persons occupying the property. SCMR will not replace any items in the property other than to mitigate an immediate emergency. SCMR will make reasonable efforts to notify the Client by email or phone of emergency repairs to the property. 

SCMR is authorized to make rental rebates as SCMR deems appropriate as a result of any maintenance or repair issues that are emergent and unexpected. SCMR is authorized and shall use its best efforts to correct any maintenance problems as quickly as possible in order to maximize rental income and ensure guest satisfaction. SCMR shall inspect the interior of the property from time to time in order to determine the condition of the property. Client authorizes SCMR, its agents and employees, to enter the property to perform any maintenance and repair work as may be necessary. Maintenance services which are not specifically stated as included services will be billed to the Client at the labor rate for SCMR maintenance personnel and/or the amount charged by outside professionals. 

SCMR is not a general contractor and does not provide remodeling services or major repairs to managed properties. SCMR may oversee large projects, if requested by Client and agreed to by SCMR. SCMR will only agree to arrangements of this nature if internal labor resources and skills resources are available. In any case, SCMR does not accept responsibility or liability for any work performed by a third party, under any circumstances. All work performed by third parties is between the Client and the third party, even if SCMR recommends, oversees, arranges, or pays invoices for work performed by third parties. SCMR may pay third parties out of collected rents that have yet to be dispersed to Client. SCMR will use its best efforts to pay valid invoices, whether the invoice is made in the name of SCMR or the Client, so long as the invoice pertains to the Client’s property and SCMR has reason to believe the invoice is valid.

22. QUALITY CONTROL INSPECTIONS:

SCMR provides housekeeping services seven days per week and random inspections are performed for quality control by SCMR staff. It is understood that inspections are not performed after all guest stays. Inspections are primarily used to maintain quality control and are not intended to identify all damage caused by rental guests, particularly minor damage. You should expect normal wear and tear on your property. While our maintenance program is designed to mitigate much of the wear and tear caused by rental guests, SCMR is not responsible for the actions of rental guests. Client accepts the inherent risk of renting the property, which includes all damage caused by rental guests and any other issues caused by rental guests, including fines and fees levied by your HOA or any valid authorities. We recommend the following kitchen inventory to ensure the highest standards for your guests: https://www.scmountainretreats.com/recommended-kitchen-inventory/ For your convenience SCMR will restock your property from time to time with these items and assess reasonable fees for those items. Additionally, a complimentary starter supply of selected consumables for your property are provided.

23. COMMUNICATION EXPECTATIONS:

It is the goal of SCMR to communicate with Clients in a timely manner. Generally, we will respond to communications on the same day we are contacted. However, there are instances in which responses may be delayed. These delays may happen on weekends, during peak winter and summer seasons, and when researching issues requires the involvement of third parties. If you are unsure whom you need to communicate with please call our main phone number at 970-368-4800 or email us at coloradorentals@scmountainretreats.com.

24. TERMINATION:

This agreement may be terminated by SCMR or Client with or without cause upon written notice. Termination notification shall be by email notification that is acknowledged by SCMR and Client or by certified mail, return receipt requested. Termination will not affect rental reservation obligations or other obligations entered into under the terms of this agreement. Client agrees to honor at least 90 days of advanced reservations. SCMR will, at Client’s request, make a good faith effort to transfer pending future reservations to another comparably priced property. In the event that such transfer is not possible and the rental guest must be moved to a higher priced property, the Client agrees to be responsible to SCMR for the difference in rental rate or honor the original reservation. Reservations and the value thereof that are moved from the property are the sole property of SCMR. Client releases all claims of value or ownership upon this event. If for any reason Client does not honor a reservation, then Client agrees to indemnify SCMR for all damages, loss and expenses resulting from Client’s action. Client agrees to pay all outstanding balances owed to SCMR prior to release of the property. If the Client terminates less than 10 months after the date of the first rental or downgrades to another management option, then the Client will reimburse SCMR $975 for all marketing services performed. Reimbursement will be prorated by $100 per month after the first 6 months. Holds placed on the property for reasons other than owner occupancy will not be credited towards the 10 month requirement. Termination or expiration of this agreement will not impair rights or obligations (i) that accrued prior to the expiration or termination; (ii) that specifically provide they survive or by their nature are intended to survive; (iii) that survive termination at common law; or (iv) set forth in following sections of these terms and conditions: 8 (Indemnity and Insurance) and 9 (Warranties and Limitation of Liability).

25. SALE OF PROPERTY:

In the event of a bona fide sales contract for the property, the Client may exercise the following options: (a) cancel any reservations more than 30 days after the date of written notice given to SCMR; Client will be responsible for commissions to SCMR for the value of the cancellations, (b) Client may instruct SCMR, in writing, to move any reservations more than 30 days out to another suitable property that is acceptable to the guest; if there is an increase in cost for the suitable property, Client will reimburse SCMR for this increase, (c) Client may procure from the new property owner written permission for SCMR to continue to manage the property through the completion of some or all of the reservations after the sale, (d) If the new property owner enters into a new property management agreement with SCMR, then the existing Client will release all claims of right to compensation for reservations after the date of the sale of the property. No other fees or costs will be incurred by the selling Client after the date of sale.

26. FINAL PAYMENT: 

 If Client owes SCMR any monies after termination, sale or foreclosure, Client shall pay SCMR all monies owed within ten (10) days after a written request is made from SCMR. SCMR may, in its sole discretion, apply Client’s entire portion of the rental income to decrease any delinquent account or monies owed to SCMR. If Client remains delinquent for more than 30 days after termination, Client will be subject to a 1.5% monthly fee, plus a $99 monthly admin fee for all outstanding monies owed. Client expressly agrees to pay all costs, including legal fees, incurred as a result of collection attempts. 

 27. DISPUTE RESOLUTION: 

SCMR believes that all disputes can and should be resolved by considerate, charitable and thoughtful discussion. If there is an impasse, both parties agree to non-binding mediation by a mediator who is acceptable to both parties. The cost of mediation will be shared equally by both parties. If mediation fails to resolve a dispute and legal action is taken, it is agreed that said legal action will be adjudicated by a proper court located in Summit County, Colorado. 

 28. HOT TUB MAINTENANCE: 

If the property has a private hot tub SCMR provides a Hot Tub Service Program. The cost is $139 per month for Clients and includes: service after every check-out, water and chemical checks during guest stays, balancing and maintaining chemical levels (chemicals included), adding water as needed, draining and filling the tub as needed, removing snow from cover and walkways as needed, cleaning tub and cover as needed, removing debris from water, rinsing filters as needed and troubleshooting user errors. This program does not include equipment repair/replacement, but it does include the management of outside vendors to perform repairs/replacements of parts. Guests share in the cost of hot tub maintenance by paying an increased cleaning fee which enables the Client fee to stay low and consistent. Hot tubs that are abused by guests, which require the hot tub to be drained and refilled, will incur a $200 fee, each time a drain and fill is required. 

 29. IVORY WHITE BEDDING: 

This optional premium upgrade features soft, white-striped duvet covers with a medium thick, high quality down alternative duvet that Clients and guests will appreciate every night. The duvet cover is removed after each guest or Client stay and is replaced with a freshly laundered duvet cover. Bed pillows are maintained and replaced by SCMR. All bedding materials are white which provides a bright fresh appearance and provides the added benefit of higher sanitation due to higher wash temperatures and the ability to use bleach during the cleaning process. Any linen that may touch a person is washed between each and every stay. This program provides the highest standard in hygiene and cleanliness. All items are owned and maintained by SCMR. The cost is additional to the base management fee, and each bedding system beyond the included quantity will incur an additional .5% increase. Base cost of the Ivory White Bedding Program is 2.25% added to the management fee. 

30. SCMR DAMAGE PROTECTION PROGRAM: 

This optional program is designed to give our Clients an extra layer of protection for their property. Those Clients who participate in this program will be insulated from moderate unintentional damage caused by rental guests. SCMR will repair, replace or reimburse the Client for damage to their property according to the terms and conditions of the program. 

31. SERVICE & EMOTIONAL SUPPORT ANIMALS: 

SCMR does not permit emotional support animals of any type. However, if a guest can provide sufficient evidence that a service animal meets the definition of the Americans with Disabilities Act, then a service animal will be permitted. If needed, SCMR will perform extra cleaning of the property at no additional cost to the guest or Client. This section does not apply to any property which is specifically advertised as “pet friendly. 

32. PRE-EXISTING CONDITIONS: 

Damage and other conditions in need of repair that existed prior to management of the property by SCMR will incur additional charges. The SCMR maintenance program is intended to mitigate the cost of repairs and maintenance that occur during the time that SCMR manages the property. 

33. TRANSFERRING FROM ANOTHER MANAGEMENT COMPANY: 

SCMR will facilitate all things necessary to transfer the property from a previous management company’s control. Client agrees to assist if necessary to facilitate this process. SCMR will work with the previous management company to transfer future rentals to SCMR. SCMR will discount the management fee for any transferred rentals to 12%. In addition to the discounted management, SCMR will also apply the appropriate cleaning fee for each reservation and any other fees that would typically be applied and reimburse or charge the Client the difference. Client and/or previous management company will provide all guest information, including the rental amounts to SCMR. SCMR will calculate the commission owed to SCMR and apply it to the Client’s account in the month in which the reservation takes place. Client will dispose of all financial arrangements with the previous management company as Client wishes. SCMR will not accept any monies directly from the previous management company. 

34. NON-INDUCEMENT: 

Client has not been induced in any way by SCMR to violate any legally binding agreement with another entity. It is the Client’s sole discretion as to how and when the Client will dispose of any previous agreements. At the Client’s request, SCMR may work within the framework of a previous property management agreement for up to 90 days. 

35. ENTIRE AGREEMENT & MODIFICATIONS: 

This agreement shall constitute a binding obligation upon the parties hereto, their successors, agents, heirs, personal representatives and assigns. This agreement constitutes the entire agreement between the parties. SCMR may, in its sole discretion, change the terms of this agreement by providing notice of the change via the SCMR newsletter or SCMR website and the change will become effective 60 days following the notice. Client may protest, in writing, any changes within 60 days of the change. If no protest is made, then it is agreed by Client and SCMR that the changes are mutually agreed. If a protest is made and SCMR is unable to reach a written agreement with the Client concerning Client’s protest, Client’s sole remedy is accept the change as proposed by SCMR or terminate this agreement. 

36. SEVERABILITY: 

If, for any reason, any provision of this agreement is held invalid, all other provisions of this agreement shall remain in effect. If this agreement is held invalid or cannot be enforced, then to the full extent permitted by law any prior agreement between Summit County Mountain Retreats and Client shall be deemed reinstated as if this agreement had not been executed.

37. PACKAGE RECEPTION, HOLDING AND DELIVERY: 

SCMR will receive hold and deliver packages that are sent to SCMR by Client either personally or through a third-party. Client agrees to inform SCMR in advance of any packages that will be delivered. Client will provide tracking information from the shipper, contents of the items shipped and clear instructions regarding how the packages should be handled by SCMR. All communication must be sent via email to SCMR. SCMR does not accept responsibility for any packages that are lost, stolen or damaged while in transit or in possession of SCMR. For packages larger than two feet in any dimension or greater than thirty pounds, extra fees may apply. Any packages that require more than one person to safely and easily move may incur additional fees. Any packages that Client requests SCMR staff to open, assemble or install will incur additional fees, based on the normal hourly rate for maintenance staff. 

38. DEFINITIONS: 

Client: Any individual, person, corporation, company, partnership, firm, organization, or other entity applying for or receiving services under these Terms and Conditions and the owners of property SCMR manages under these Terms and Conditions. Ultra Luxury Properties: Properties approved by SCMR to have the highest desirability in both location and interior features and amenities. Current approved properties include Lone Eagle, Timbers, Kindred, Alcove, Crystal Peaks and select single family homes. 

39. SPECIAL PROVISIONS:_________________________________________