Gold Management Program Terms

OVERVIEW

This program is designed for clients who want to keep complete control of the pricing, marketing and the rental guest screening process. Clients have control over all financial transactions. Advertise how you like, rent to whom you want, at the price you want. Once you have procured a rental guest and collected payment from them, simply turn the guest over to SCMR and we will take over from there. If you need help with maintenance, this program covers you with the same options we offer in our Platinum management but in a pay-as-you-go format. If you need consultations with marketing on vacation rental websites we can help with that too. SCMR will provide you best in class “boots on the ground” service and integrate your property into our well established system that has been servicing Summit County homeowners since 2008. There are no long-term contracts. The entire program is contained in this single document.

FEATURES

• $129 one-time setup fee
• $99 monthly base service fee
• $24 per reservation service fee
• Choose from 4 property maintenance levels (see page 3 for details on each)
• Complete access control of your property (including costs of keys and keycards)
• Most door lock systems supported (e.g., metal key, keycard systems, web access systems)
• Provide check-in services to all guests
• Random inspections of the property for quality control
• All logistics with guests are handled by SCMR after guest information is provided
• Monthly accounting of property activity
• Included Classic linen program
• Employee-based housekeeping
• Included marketing consultation with SCMR staff
• Access to SCMR clients’ portal for tracking of guests, calendars, client’s statements
• Included SCMR local discount program
• Included SCMR Guest Information Portal that streamlines the guest experience
• Summit County Short Term Rental Local Agent of Record
• Generally compliant with local government Short Term Rental ordinances

À LA CARTE SERVICES

• Housekeeping services: starts at $79 per reservation (includes linens & consumables)
• After hours maintenance and emergency services $79/hr after 7 p.m.
• Ultra-Premium Linen Program upgrade: $18/month per bedroom, per bathroom
• Ivory White Bedding Program upgrade: $18/month per bed set
• Professional photography services w/image enhancement: $349 (includes 20 photos, each photo after the first 20 is $15/photo – no extra charge for stock photos)
• Management consultation/coordination for minor projects/improvements: $99 per hour
• Hot Tub Service Program: $139 + $19 per night of reservation
• SCMR Hot Tub / Pool Towel Program: $29/month per bedroom 
• Summit County short-term rental permit acquisition and ongoing compliance management: $275 annually (cost of permit NOT included)
• New electronic door lock $450 to $700 depending on model (hourly fee for installation)

HOW IT WORKS

• The client will complete the SCMR online Gold Management forms (please contact us for these forms).
• When the forms have been received, SCMR will contact you via email to request payment of the one-time setup fee.
• SCMR will coordinate and facilitate the reprogramming of electronic door locks or, if you prefer, another type of lock, then we will coordinate with you. (Most door locks are acceptable, but some are more secure and less problematic).
• SCMR will install the appropriate sheets, towels and other linens in the property, along with the standard consumables that SCMR provides for all guests.
• Client must obtain a short-term rental permit from Summit County or other local government that requires permits. Client may pay the á la carte short-term rental permit acquisition fee to SCMR and we will perform this function on your behalf.
• The property will be put into the SCMR system and the client will be given access to the Client’s Portal (this can happen before or after door locks are changed over).
• The client will choose to advertise the property on one or more vacation rental websites. The client will create advertisements and manage all rental rates as desired. The client will pay the vacation rental websites directly as well as pay all tax obligations the client may have.
• The client will handle all initial communications with guests and collect payments from guests.
• The client will input reservations for the property into the SCMR reservation system via the Client’s Portal.
• At this point, SCMR will take over the reservation process and all aspects of the guest’s stay. All normal SCMR procedures will be followed from this point forward.
• In the event that maintenance services are needed by the guest during their stay, SCMR will assist the guest according to the maintenance program chosen by the client.
• SCMR will charge the client each month for all accrued cleaning fees, monthly fees and other charges. This charge will be collected via bank withdrawal or credit card (5% processing fee added for credit card).
• The client will be provided a monthly accounting of fees for services rendered by SCMR.

MAINTENANCE PACKAGES

Gold clients must choose from one of our four maintenance packages, Basic, Good, Better or Best.

Basic

This option includes more maintenance services than MOST competitors. Ideal for owners who prefer to perform some maintenance themselves.

• 30 minutes of included labor per reservation
• Key and lock control for all exterior doors
• Unlimited no-charge phone support for guests and clients
• $10 trip charge for all on-site property services
• $89 per hour for maintenance labor on all non-included maintenance
• 24/7 After-hours emergency services
• Qualifies as local agent support for county permitting requirements
• Deliver small and medium sized packages to property for $60 per delivery

Good

Ideal for properties less than 5 years old. This option includes more maintenance services than ALL competitors.

Everything in the Basic package PLUS…

• 45 minutes of included labor per reservation
• No trip charges for on-site property services
• $69 per hour for all non-included/in-house maintenance
• Resolve guest satisfaction issues on-site without additional cost
• Receive packages and provide access to repair/delivery personnel
• Minor day-to-day maintenance included (e.g., replace light bulbs, batteries, tighten cabinets)
• Deliver small and medium sized packages to property for $30 per delivery

Better *MOST POPULAR*

Ideal for properties with appliances and fixtures 6 to 15 years old.

Everything in the Good package PLUS…

• 1 hour of included labor per reservation
• $59 per hour for all non-included/in-house maintenance
• No-charge replacement of maintenance items $8 or less (excludes kitchen stock)
• Deliver small and medium sized packages to property for $15 per delivery

Best

This package is far SUPERIOR to any included maintenance offering of any competitor. Ideal for owners who want highly inclusive services or 15+ year old properties with older appliances, furniture & fixtures.

Everything in the Better package PLUS…

• 1 hour and 15 minutes of included labor per reservation
• $49 per hour for all non-included/in-house maintenance
• Major door lock maintenance (battery replacement included and all labor for repairs)
• Labor for one major “third party” repair per month (maximum reimbursement $99)
• Unlimited no-charge minor carpet stain removal
• No-charge bedspread & blanket cleaning during client stays
• No-charge logistical management cost for major repairs
• No-charge to receive, hold or deliver small and medium sized packages

Our recommended kitchen inventory:

Here!

TERMS AND CONDITIONS OF MANAGEMENT

1. GENERAL SERVICES:
   SCMR accepts the duty of property manager and agrees to handle all logistical communications with potential rental guests after the client has input the guest information to the SCMR system, keep accurate accounting records, provide cleaning services and provide maintenance services. SCMR is not responsible for any marketing activities for the client. All marketing and the accuracy of marketing is solely the responsibility of the client.
2. PAYMENT PROCEDURES:
   Client shall allow SCMR to set up and transact a monthly ACH transfer from the clients preferred bank account or the client may maintain an active credit card on file with SCMR. If a credit card is used as the method of payment, then SCMR will add a 5% transaction fee. SCMR is authorized to make charges via ACH or credit card for all valid charges, including but not limited to maintenance fees, cleaning fees, management fees, reimbursements for purchased items and all other approved fees.
3. INSURANCE AND INDEMNITY:
   1. Indemnity: Client will DEFEND and INDEMNIFY SCMR and its agents, representatives, owners and employees, against any and all liability, loss, damages (including punitive damages), claim (including third-party and first-party claims), cost and expense, (including attorney’s fees and expenses) (“Loss”) arising out of or relating to (i) SCMR’s management of the property (including negligent acts or omissions); (ii) actual or alleged defects in design or construction of the improvements on the property; (iii) client’s breach of this agreement; (iv) any act or neglect of client, or any officer, agent, employee, contractor, servant, invitee or guest of client; or (v) client’s failure to carry any insurance recommended in this agreement. Client’s duty to defend and indemnify extends to Loss caused or alleged to be caused by SCMR’s SOLE, PARTIAL, OR CONCURRENT NEGLIGENCE. Client’s obligation does not extend to Loss caused by SCMR’s (i) gross negligence; (ii) intentional torts or wrongful willful acts; (iii) misapplication of funds; or (iv) fraud. If any action or proceeding is brought against SCMR with respect to a Loss, client will defend the action or proceeding with counsel acceptable to SCMR. This section survives the expiration or earlier termination of this agreement.
   2. Insurance Recommendations: SCMR recommends consulting a licensed insurance specialist to determine the additional appropriate insurance coverages for your needs. The High Alpine conditions pose unique risks. Common types of damage that occur in these conditions include water damage from broken plumbing pipes and lost rental revenue as a result of the property being unusable. Additionally, the client of any rental property is subject to claims by renters, guests and others on the property. Accordingly, SCMR recommends that at a minimum client’s insurance include: (i) general liability insurance with a per occurrence limit of $1,000,000 and a general aggregate of $1,000,000 for bodily injury and property damage on an occurrence basis; (ii) special form property insurance covering client’s furniture, fixtures, and equipment at their full replacement value; and (iii) business income and extra expense coverage for no less than 6 months of income and continuing expenses. Since client agrees to indemnify SCMR, SCMR also recommends that client’s insurance name SCMR as additional insured, contain a waiver of subrogation in favor of SCMR, delete any contractual liabilities exclusion, contain no modification that would make client’s policy excess or contributing with SCMR’s liability insurance, and not have a deductible in excess of $1,000.
   3. SCMR’s Insurance: SCMR maintains all required insurance and complies with all workers’ compensation requirements.

4. WARRANTIES AND LIMITATION OF LIABILITY:
   1. Limited Warranties; Disclaimer of Warranties. Except as otherwise specifically set forth in this agreement SCMR EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY CONTRACT, AT LAW, IN EQUITY, BY STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY VALID PATENTS, TRADEMARKS, OR COPYRIGHTS.
   2. Limitation of Liability. IN NO EVENT WILL SCMR BE LIABLE TO OWNER FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, LIQUIDATED, PUNITIVE, OR SPECIAL DAMAGES, LOST PROFITS, LOST SALES, RENTALS OR REVENUES, COST OF REPLACEMENT GOODS OR SERVICES PURCHASED FROM OTHERS, OR BUSINESS INTERRUPTIONS ARISING IN ANY MANNER PURSUANT TO OR IN CONNECTION WITH THIS AGREEMENT OR SERVICES PROVIDED TO OWNER (EVEN IF SCMR IS MADE AWARE OF THE POTENTIAL FOR SUCH DAMAGES). SCMR’S TOTAL LIABILITY RELATED TO ANY SERVICE WILL NOT EXCEED THE PRICE OWNER HAS ACTUALLY PAID TO SCMR IN 12 MONTHS PRECEDING OWNER’S CLAIM. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

5. SCMR INSURANCE:
   SCMR maintains all required insurance and is in compliance with all workers’ compensation requirements.
6. CLIENT CLEANING:
   Client may choose to clean the property personally in lieu of paying the cleaning fee, and the client shall notify SCMR via the client’s portal or via email if a cleaning is not required at least one day prior to departure. Client agrees to leave the property in “rent-ready” condition. Client and client’s guests agree to observe the standard check-in and check-out times unless arrangements are made with SCMR prior to arrival. SCMR may inspect the property after a client cleaning. Should the property need additional cleaning, the client will be charged based on the cleaning time and supplies needed. Client understands that failing to leave the property in “rent-ready” condition may result in serious guest service issues that may require significant time and effort to manage and satisfy rental guests. Client agrees to accept all financial responsibility for issues of this nature. This includes management and housekeeping staff labor and possible guest satisfaction refunds.
7. REPAIR & MAINTENANCE SERVICES:
   SCMR is authorized to make repairs or replacement up to Two Hundred Dollars ($200.00) 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 $200.00. 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 and shall use its best efforts to correct any maintenance problems as quickly as possible in order to 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. If the client selected a maintenance program that includes a major service call, the labor of 1 major service call in a month will be credited to the client’s account. This benefit is not cumulative. Any maintenance or repair services not specifically called out in this section or the Maintenance Addendum are considered “non-included” and will be charged for based on the current SCMR maintenance hourly rate.
8. CLEANING FEES:
   In addition to rental rates and other fees, client will pay SCMR a unit cleaning fee for each rental period. This fee is due whether the unit is occupied by rental guests, client, or client’s guest. Cleaning fees are set by SCMR and may change from time to time. Replacement linens and towels are provided for the property at no charge to the client. Linens and towels are the property of SCMR.
9. QUALITY CONTROL INSPECTIONS:
   Linens and towels are the property of SCMR. Random inspections are performed for quality control by SCMR staff. It is understood that inspections are not performed after each guest stay. Inspections are primarily used to maintain quality control and are not intended to identify all damage caused by rental guests, particularly minor damage.
10. HOT TUB MAINTENANCE:
    If the property has a private hot tub SCMR offers a maintenance program. The cost is $139 per month and $19 per night for clients and includes: service after every check-out, water and chemical checks during guest stays, balance and maintaining of chemical levels (chemicals included), adding water as needed, draining and filling the tub up to twice per year, removing snow from cover and walkways as needed, cleaning tub and cover as needed, remove debris from water, rinse filters as needed and troubleshoot 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.
11. 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.
12. 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.
13. 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. Client agrees to pay all outstanding balances owed to SCMR prior to release of the property. Client indemnifies SCMR for any reservations not honored by client.
14. FINAL PAYMENT:
    If client owes SCMR any monies after termination, sale or foreclosure, client shall pay SCMR and guarantees SCMR payment of all monies owed within ten (10) days after written demand 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 for all outstanding monies owed and client expressly agrees to pay all costs, including legal fees, incurred as a result of collection attempts.
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. 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.
17. 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 will work within the framework of a previous property management agreement for up to 90 days.
18. ENTIRE AGREEMENT:
    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. Any future changes to this agreement will be communicated via the SCMR newsletter or SCMR website. Client may protest, in writing, any changes within 60 days of the change. If no protest is made, then it is agreed by the client and SCMR that the changes are mutually agreed. If a protest is made and SCMR is unable to reach an agreement with the client, client’s sole remedy is to terminate this agreement. If the client reads this far in this agreement and notifies SCMR in writing that this agreement has been read in its entirety, then SCMR will waive half the one-time setup fee. Client must notify SCMR at the time of sign-up or prior to sign-up for this offer to be valid.
19. 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.
20. SHORT TERM RENTAL PERMIT:
    Most jurisdictions in Summit County require a Short Term Rental Permit. Unless the client has requested that SCMR obtain a permit on behalf of the client and the client has paid the appropriate fee, then it is the sole responsibility of the client to obtain the proper permit and maintain the property in compliance with the local ordinances. SCMR accepts no responsibility or liability for any failure to maintain compliance with these ordinances.