When you book a Listed Property (a “Reservation”) using the Fairly Platform, you agree to pay all charges for the Reservation, including the listing price, applicable fees, taxes, and any other items identified during checkout. You also authorize Fairly, or Fairly’s merchant processing partner or Channel Listing Partner to charge the payment method (e.g. debit card or credit card) provided to pay for the Reservation.

Once you receive a Reservation confirmation from the Fairly Platform or its Channel Listing Partner, a contract is formed directly between you and the Owner of the Listed Property with respect to the use of the Listed Property. The terms of this contract include these Platform Terms and any other terms (including the cancellation policy), rules, policies, and requirements identified in the listing for the Listed Property (the “Listing”) or during checkout. It is your responsibility to review and understand all terms of the Reservation contract prior to booking a Listed Property.

If you booked your Reservation through a Channel Listing Partner, then that Channel Listing Partner’s own terms may also apply. If any provision of the Channel Listing Partner’s terms differs from these Terms, then the provisions of the Channel Listing Partner terms will control to the extent of the conflict.

If you cancel a Reservation, the cancellation policy included as part of the Reservation applies. If you modify a Reservation, you are responsible for any additional amounts, taxes, or fees associated with the modification.

Fairly can cancel the Reservation on behalf of the Owner of the Listed Property if you are unable to provide a valid payment method to process Reservation deposits, modifications, or other payments, or if Fairly reasonably suspects that the reservation was made fraudulently or you have otherwise violated the Reservation contract.

You authorize Fairly’s merchant processing partner or Channel Listing Partner to charge the payment method (e.g. debit card or credit card) used to book the Reservation to collect any damage claim amounts or other subsequent payments.

You are solely responsible for the acts and/or omissions of yourself and anyone you provide access to or invite to enter the Listed Property during the Reservation.

You agree to comply with all applicable Laws during the Reservation, to leave the Listed Property in the same condition as when you arrived, and to pay any and all reasonable damage claims for any damage to the Listed Property caused during the Reservation.

You agree to comply with all house rules identified in the Reservation for the entire duration of the Reservation, including maximum occupancy, any prohibition on smoking, and limitations on pets, events, and commercial activities.

The minimum age to rent a Listed Property is twenty one (21). You acknowledge that you are over twenty one (21) and that any guests under this minimum age will be accompanied by someone older than the minimum age throughout the duration of the Reservation.

You agree that your use of the Listed Property is on a temporary basis only. You agree to grant access to the Owner of the Listed Property or their designee during your stay on a reasonable basis, as such access might be necessary to resolve maintenance requests.

You agree that, to the maximum extent permitted by applicable Law, you assume the entire risk arising out of your access to and use of the Listed Property and your use of the Fairly Platform.

When you list a Listed Property on the Fairly Platform, you grant Fairly the right, during the period of the Listing, to promote, market, and facilitate the rental of the Listed Property on your behalf. You acknowledge that the Fairly Platform’s purpose is to provide tools to help the Owner rent and manage their Listed Property. Fairly is not responsible for maintaining, insuring, or protecting the Listed Property. While the Fairly Platform might provide certain information about a prospective Caretaker, you are solely responsible for evaluating, selecting, and agreeing to terms and conditions with a Caretaker. By way of illustration and not by way of limitation, you are solely responsible for: (a) the terms and conditions under which you hire or engage a Caretaker; (b) assessing and/or evaluating the qualifications, skills and/or experience of a Caretaker; (c) assessing the immigration status and/or work eligibility status of a Caretaker; and (d) the work performed by the Caretaker, including without limitation, the quality of such work and any defects or deficiencies resulting therefrom or associated therewith.

You authorize Fairly to facilitate the distribution of your Listing to Channel Listing Partner sites, which may include VRBO.com, Airbnb, and others. That Channel Listing Partner’s own terms also apply. If any provision of the Channel Listing Partner’s terms differs from these Terms, then the provisions of the Channel Listing Partner terms will control to the extent of the conflict. Channel Listing Partners may charge fees for the distribution and marketing of these properties, and Fairly will deduct an amount sufficient to cover Channel Listing Partner fees charged to Owners from the reservation proceeds. To offset the impact of these fees on net proceeds received by the Owner, Fairly will increase the rates and fees charged on Channel Listing Partners to ensure that the Owner will receive their posted rates less any fees payable to Fairly.

When a Reservation is made through the Fairly Platform, a contract is formed between you and the Guest, and you are responsible for delivering the service under the terms and at the price specified in the Reservation.

If a Reservation is canceled by the Guest, the cancellation policy included as part of the Reservation applies, and any remedy you may have is solely against the Guest and does not involve or implicate Fairly. As the Owner, you agree not to cancel a Reservation without a valid reason for doing so.

You authorize Fairly to act on your behalf as your agent in the collection and processing of payments from Guests, the payment of cleaning and other fees to Caretakers, the remittance of taxes to taxing authorities, the payment of Fairly fees, and the payment of residual amounts to the external Owner bank account designated by you. You agree that for fraud prevention and risk mitigation purposes, the availability of deposits for future reservations will be restricted until after the Guest stay is completed. You specifically consent to the repayment of funds resulting from a chargeback initiated by a Guest or a refund initiated by Channel Listing Partners. You agree to pay all applicable fees (such as the fees payable to Fairly) and applicable taxes for each booking.

You are solely responsible for entering your correct banking details, including the routing number and account number, into the Fairly Platform (“Linked Account”). Fairly and any other person involved in an ACH transaction may rely on the routing number and account number that is entered. If the name of the account owner identifies a different person from the account owner identified by the number, Fairly and any other person that handles the instruction may still rely exclusively on the number.

Fairly will deduct amounts you owe related to your use of the Fairly Platform from your payout, the details of which will be presented to you when you confirm your home listing on the Fairly Platform. Fairly retains the right to set off or deduct from any payout any amount owed by Owner to Fairly or other parties pursuant to these Platform Terms, including those related to chargebacks and refunds to guests. If the amount owed to Fairly or other parties pursuant to these Platform Terms exceeds the total upcoming Owner payouts, such amount will be paid by Owner immediately upon demand. Fairly, in its own discretion, may also require that you fund a reserve account held by Fairly to protect against future chargebacks, refunds, or other risks.

You authorize Fairly to initiate payments to the Linked Account designated by you via Automated Clearing House (“ACH”) or other methods.

You acknowledge and agree that your relationship with Fairly is that of an independent individual or entity and not an employee, agent (except as it relates to payment services above), or partner of Fairly.

You are solely responsible for the acts and/or omissions of yourself and anyone you engage and use to help manage the Listed Property, including without limitation, any and all subcontractors.

You are solely responsible for the completeness and accuracy of the information included in the Listing for the Listed Property, including without limitation, the description of the Listed Property, the pricing and cancellation policies, and for defining all house rules for Reservations. You represent and warrant to Fairly that all information that you provide in connection with the Listing is accurate and complete in all material respects.

You are solely responsible for maintaining the Listed Property. You represent and warrant to Fairly that there are no legal, civil, physical, or other restrictions to renting or inhabiting the Listed Property.

You are at least eighteen (18) years of age, legally own the Listed Property, and have all necessary rights and authority to accept these Platform Terms.

You are responsible for determining and fulfilling your obligations to report, collect, and remit any taxes (which may include income, lodging, or any other taxes). For jurisdictions where Fairly facilitates the collection and/or remittance of taxes, you instruct and authorize Fairly to collect and remit these taxes to the relevant tax authority. For jurisdictions that provide a deduction for collecting, recording, and filing, Fairly will retain the amount deducted on amounts submitted by Fairly. Fairly reserves the right to seek additional amounts from Owners when taxes collected are not sufficient to discharge the tax obligation of the Listed Property (including by deducting such amounts from the payout) and you agree that your sole remedy for taxes collected by Fairly is a refund from the applicable tax authority.

You agree to keep and maintain the Listed Property in a safe and habitable condition and not to expose Guests to an unreasonable risk of harm or injury. By way of illustration and not by way of limitation, you agree: (i) not to store unsecured weapons at the Listed Property; (ii) to keep the Listed Property free of disease risks or the risk of dangerous animals; and (iii) not to create conditions at the Listed Property that increase the likelihood of a fire or impede escape in the event of an emergency.

You agree that you will not have any indoor recording devices (like security cameras) inside the Listed Property, nor will you have any recording devices in outdoor areas in which a Guest would have a reasonable expectation of privacy (such as a sauna or outdoor shower), and you agree to disclose the presence of any outdoor cameras in the Listing.

You agree that, to the maximum extent permitted by applicable Laws, you assume the entire risk arising out of your access to and use of the Fairly Platform, including risks associated with renting the Listed Property and identifying and contracting with any Caretaker.

You acknowledge that while the Fairly Platform might help identify potential Owner matches, you are solely responsible for evaluating, selecting, and agreeing to terms directly with Owners. You acknowledge and agree that Fairly does not, and shall have no obligation to, verify, assess and/or monitor the employment or hiring practices of the Owner and/or the site or working conditions at the Listed Property. Accordingly, as between you and Fairly, you are solely responsible for: (i) the terms and conditions under which you perform work for an Owner; and (ii) assessing and/or evaluating the employment or hiring practices of an Owner and/or the site or working conditions at a Listed Property, including without limitation, the Owner’s ability to pay and/or the safety of or the conditions at the Listed Property.

In submitting a proposal to an Owner, you acknowledge and agree that the information included in your proposal, including your skills, experience, training, immigration and/or work eligibility status, and prior work or employment history, is and shall be truthful, accurate and complete in all material respects.

When a proposal is accepted by an Owner through the Fairly Platform, a contract is formed between you and the Owner with respect to that Listed Property, and you are responsible for delivering the Caretaker Services under the terms and at the price specified in the accepted proposal. Fairly is not a party to any contract between you and an Owner with respect to the Caretaker Services.

You are solely responsible for entering your correct Linked Account details, including the routing number and account number, into the Fairly Platform. Fairly and any other person involved in an ACH transaction may rely on the routing number and account number that is entered. If the name of the account owner identifies a different person from the account owner identified by the number, Fairly and any other person that handles the instruction may still rely exclusively on the number.

You authorize Fairly to initiate payments to the Linked Account designated by you via Automated Clearing House (“ACH”) or other methods.

You are solely responsible for the acts and/or omissions of yourself and anyone you engage and use to help perform the Caretaker Services for the Listed Property, including without limitation, any and all subcontractors.

You agree to comply with all applicable Laws during your provision of the Caretaker Services, including but not limited to, applicable employment Laws.

You are at least eighteen (18) years of age and have all necessary rights and authority to accept these Platform Terms.

You agree that, to the maximum extent permitted by applicable Laws, you assume the entire risk arising out of your access to and use of the Fairly Platform, including risks associated with cleaning and maintaining the Listed Property and identifying and contracting with any Owner.

You acknowledge that you have the authority and capacity to act as a referral partner to Fairly and the Fairly Platform.

The Fairly Platform will provide for a match between a Listed Property and the Advisor. Fairly, in its sole and absolute discretion, will determine which Listed Property is assigned to each Advisor, what Advisor revenue share amount might apply, how it is calculated, and at what frequency it will be paid. All such determinations shall be final and binding on the Advisor.

You are solely responsible for entering your correct Linked Account details, including the routing number and account number, into the Fairly Platform. Fairly and any other person involved in an ACH transaction may rely on the routing number and account number that is entered. If the name of the account owner identifies a different person from the account owner identified by the number, Fairly and any other person that handles the instruction may still rely exclusively on the number.

You authorize Fairly to initiate payments to the bank account designated by you via Automated Clearing House (“ACH”) or other methods.

You are solely responsible for the acts and/or omissions of yourself and anyone you engage and use to help perform the Advisor Services for the Listed Property. You agree that you will not make any false or misleading statements or representations regarding Fairly, the Fairly Platform, or any Listed Property in connection with any referral you provide to Fairly.

You agree to avoid any actual or apparent conflicts of interest that would interfere with or impair your ability to make referrals to Fairly. You represent and warrant to Fairly that no such actual or apparent conflicts of interest exist.

You agree to comply with all applicable Laws in connection with your provision of the Advisor Services.

You are at least eighteen (18) years of age and have all rights and authority to accept these Platform Terms.

You agree that, to the maximum extent permitted by applicable Laws, you assume the entire risk arising out of your access to and use of the Fairly Platform and your performance of the Advisor Services hereunder.

Fairly shall not be responsible for and shall have no liability to you in connection with any failure of the Fairly Platform to operate or perform in accordance with the Documentation due to deficiencies or failures of your or a third parties’ IT systems or networks, or any of your other hardware, software or technology or those of a third party.

The proper operation of the Fairly Platform is dependent, in part, on the accuracy, quality and sufficiency of the data that is obtained from you and processed by Fairly through the Fairly Platform (that does not constitute Systems Data) (“User Data”). You are solely responsible for, and Fairly shall have no liability or responsibility of any kind in connection with, the accuracy, quality, legality and/or sufficiency of the User Data. You acknowledge and agree that any defects or inaccuracies in the User Data may delay, prevent, or otherwise detrimentally affect Fairly’s provision of the Fairly Platform hereunder.

Either you or Fairly will have the right to terminate your Usage Rights, for any reason or no reason, by providing written notice.

Either your or Fairly may terminate your Usage Rights, upon written notice, in the event that: (i) the other party breaches any material term or provision of these Terms and such breach continues for a period of at least thirty (30) days following the receipt by the breaching party of notice of the breach, or effective immediately if the breach cannot be reasonably cured within such thirty (30) day period or the breaching party fails to diligently pursue a cure for such breach within such thirty (30) day period; or (ii) the other party is named as a debtor in a petition for bankruptcy, makes an assignment for the benefit of creditors, seeks any other similar relief under any bankruptcy law or related statute, or otherwise ceases to do business in the ordinary course.

Upon the termination of your Usage Rights, no matter the reason and except as otherwise expressly set forth herein, you will have no further rights to access and/or use the Fairly Platform, and all rights and responsibilities of the parties with respect to the Fairly Platform will immediately and automatically terminate.

In the event of the termination of an Owner’s Usage Rights, upon the effective date of termination, the Fairly Platform will no longer accept new Reservations for the Owner’s Listed Property. However, Reservations that were confirmed prior to the effective date of termination will be honored by the Owner (unless canceled by the Guest), and the Owner will have the right to continue to access the Fairly Platform with respect to any such Reservations. The Owner’s right to access and use the Fairly Platform will immediately and automatically cease after the final Reservation is completed.

Upon the termination of your Usage Rights, Fairly will have no obligations or responsibilities to further maintain or retain any User Data, and may destroy such User Data, as determined by Fairly in its sole and absolute discretion. You further acknowledge and agree that: (i) Fairly shall not be obligated to provide to you or destroy any Systems Data, and that any and all such Systems Data is and shall remain the sole and exclusive property of Fairly; and (ii) Fairly may retain any User Data that Fairly is required to retain pursuant to applicable Laws or that is retained automatically as part of Fairly’s usual and customary computer backup procedures, record retention and data archiving schedules.

The termination of your User Rights for any reason will not release any party from any obligation that matured prior to the effective date of such termination.