SILVER MANAGEMENT PROGRAM TERMS

OVERVIEW

This program is designed for owners who want to make every decision related to their property and maintain full control of every aspect of their property. Advertise how you like. Rent to whom you want. Charge the rent you want. Decide which services are needed and when. If you have self-managed your property, and enjoy being intimately involved in every aspect of the rental process, then this program is for you. Owners who utilize this program are not afraid of the occasional guest call at midnight or coordinating repairs. This program offers all of the local support services that an owner needs. The marketing, pricing, guest screening and all other aspects of managing your property are within your direct control. SCMR will provide you with access to our quality services from our direct employee-based staff (no-subcontractors). This is a true pay-as-you-go and pay-for-performance system. There are no long-term contracts. The entire program is contained in this single document.

FEATURES

• $199 one-time setup fee
• $129 monthly base service fee
• $24 per reservation service fee
• Access control of your property
• 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
• Monthly accounting of property activity
• Included classic linen program
• Employee-based housekeeping
• Access to SCMR owners’ portal for tracking of guests, calendars, owner’s statements
• Included marketing consultation with SCMR staff
• Included SCMR local discount program
• 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)
• On-site 24/7 maintenance services: flat $79/hr at all times. ($25 mobilization charge in addition to hourly rate)
• Ultra-Premium Linen Program upgrade: $18/month per bedroom, per bathroom
• Ivory White Bedding Program upgrade: $18/month per bed
• Duplicate keys or keycards: $39 per order
• Full-service coordination, erasing and reprogramming of door locks: $79 per hour
• Professional photography services w/image enhancement: $399 (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 monthly + $19 fee per night
• Summit County short-term rental permit acquisition and ongoing compliance management: $275 annually (cost of permit NOT included)
• New electronic door lock $400 to $700 depending on model (standard installation included)

HOW IT WORKS

• Owner will complete our online Silver Management forms (please contact us for these forms).
• When the forms have been received, SCMR will contact the client via email to request payment of the one-time setup fee.
• If applicable, owner will ensure exterior door locks are ready for use by SCMR (unless owner has chosen the full-service coordination, erasing and reprogramming of door locks).
• For doors with electronic locks, owner must contact the entity that controls these locks and instruct them to release the locks to SCMR.
• Once the owner has ensured door locks are ready for SCMR to take over, owner must email SCMR to coordinate the transition.
• SCMR will make one complimentary visit to set up door locks.
• If owner prefers a door lock that operates from a standard metal key, then we will work with the owner to determine the best procedures to ensure security and guest satisfaction.
• If owner wishes to upgrade to an electronic door lock, the cost will depend on the type of lock and what is allowed by the HOA. Typical cost is $400 to $700.
• Owner must obtain a short-term rental permit from Summit County or other local government that requires permits. Owner may pay the a la carte short-term rental acquisition fee to SCMR and SCMR will perform this function on your behalf.
• The property will be put into the SCMR system and the owner will be given Owner Portal access (this can happen before or after door locks are changed over).
• The owner will choose to advertise the property on one or more vacation rental websites. The owner will create advertisements and manage all rental rates as desired. The owner will pay the vacation rental websites directly as well as pay all tax obligations the owner may have.
• The owner will handle all communications and interactions with guests.
• The owner will handle all aspects of negotiations, logistics, payments, accounting and pay required taxes.
• The owner will input reservations for the property into the SCMR reservation system via the Owner’s Portal.
• SCMR will provide the owner suggested language to use for guest check-in procedures if applicable.
• SCMR will prepare keys and a welcome packet for each guest if applicable.
• SCMR will clean the property after the departure of each guest.
• SCMR will charge the owner each month for all accrued cleaning fees, monthly fees and other charges. These charges will be collected via bank withdrawal or credit card (5% processing fee added for credit card).
• The owner will be provided a monthly accounting of fees for services rendered by SCMR.
• In the event maintenance services are needed, the owner will contact SCMR and the owner will be charged according to the fee schedule above (restrictions may apply).

Recommended Kitchen Inventory

https://www.scmountainretreats.com/recommended-kitchen-inventory/

TERMS AND CONDITIONS OF MANAGEMENT

1. GENERAL SERVICES:
   SCMR accepts the aforesaid duties to provide check-in services, cleaning services and provide maintenance services when directly instructed to do so by the owner. SCMR is not responsible for any marketing activities for the owner. All marketing and the accuracy of marketing is solely the responsibility of the owner.
2. PAYMENT PROCEDURES:
   Owner shall allow SCMR to set up and transact a monthly ACH transfer from the owners preferred bank account or the owner 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 via 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. REPAIR & MAINTENANCE SERVICES:
   SCMR will obtain prior Owner approval for all non-emergency repairs. SCMR is authorized to make, at Owner’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. It is expressly understood that SCMR will not replace any items in the property other than to mitigate the immediate emergency. SCMR will make reasonable efforts to notify Owner by email or phone of emergency repairs to the property.
7. CLEANING FEES:
   Owner will pay SCMR a unit cleaning fee after each checkout that is listed in the SCMR system. This fee is due whether the unit is occupied by rental guests, Owner, or Owner’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 Owner. Linens and towels are the property of SCMR.
8. HOT TUB MAINTENANCE:
   If the property has a private hot tub SCMR offers a maintenance program. The cost is $119 per month 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 as needed, 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.
9. TERMINATION:
   This agreement may be terminated by SCMR or Owner with or without cause upon written notice. Termination notification shall be by email notification that is acknowledged by SCMR and Owner. Owner agrees to pay all outstanding balances owed to SCMR prior to release of the property.
10. FINAL PAYMENT:
    If the Owner owes SCMR any monies after termination, sale or foreclosure, Owner 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 Owner’s entire portion of the rental income to decrease any delinquent account or monies owed to SCMR. If Owner remains delinquent for more than 30 days after termination, Owner will be subject to a 1.5% monthly fee for all outstanding monies owed and Owner expressly agrees to pay all costs, including legal fees, incurred as a result of collection attempts.
11. 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.
12. NON-INDUCEMENT:
    Owner has not been induced in any way by SCMR to violate any legally binding agreement with another entity. It is the Owner’s sole discretion as to how and when the Owner will dispose of any previous agreements. At the Owner’s request, SCMR will work within the framework of a previous property management agreement for up to 90 days.
13. 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. Owner may protest, in writing, any changes within 60 days of the change. If no protest is made, then it is agreed by owner and SCMR that the changes are mutually agreed. If a protest is made and SCMR is unable to reach an agreement with the owner, owner’s sole remedy is to terminate this agreement. If owner 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. Owner must notify SCMR at the time of sign-up or prior to sign-up for this offer to be valid.
14. 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 Owner shall be deemed reinstated as if this agreement had not been executed.
15. SHORT-TERM RENTAL PERMIT:
    Most jurisdictions in Summit County require a Short-Term Rental Permit. Unless the owner has requested that SCMR obtain a permit on behalf of the owner and the owner has paid the appropriate fee, then it is the sole responsibility of the owner 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. SCMR does not agree to act as the responsible agent for the purposes of any short-term rental permits or licenses as a part of this program. Owner is advised if this service is desired, then a different SCMR program should be selected.