HOMEOWNER TERMS
These Homeowner Terms (“Homeowner Terms”) and the Term of Use (located at info.rentlikeachampion.com/terms-of-use) (the “Terms of Use”) govern your use of rentlikeachampion.com and any associated pages or sub-domains (the “Website”) and any services provided in connection with the Website (collectively, the “Platform”). The Platform is owned or controlled by Rent Like a Champion, Inc., a Delaware corporation (“Rent Like a Champion” or “we”).
PURSUANT TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL OF THE FOLLOWING REQUIREMENTS AND CONDITIONS:
You are a “Homeowner” if you list your property (“Property”) via the Platform. As such, you accept and agree to the Terms of Use and these Homeowner Terms. An “Occupant” is an individual who makes a reservation via the Platform to occupy a Property posted by a Homeowner on the Platform.
Representations
Homeowner represents and warrants that he or she is: (a) at least 18 years of age, (b) capable of entering into a binding legal contract and (c) the legal owner of the Property listed. Homeowner must provide Rent Like a Champion with valid, current contact information, including an emergency phone number where Homeowner will be available during all times of the period an Occupant is granted a license by Homeowner to use the Property (“Reservation Period”).
Rent Like a Champion as Payment Provider
Occupant acknowledges that Rent Like a Champion is not a party to any agreement between Occupant and Homeowner. Rent Like a Champion is acting in a limited capacity as a payment provider. Rent Like a Champion will collect from Occupant the fee charged by Homeowner to use the Property (the “Reservation Fee”) for the amount agreed to in the Property listing (“Listing”) and remit payment to Homeowner.
Agreement with Occupant
By accepting these Homeowner Terms, upon confirmation of a reservation by an Occupant through the Platform (“Reservation”), you hereby acknowledge that you are entering into a binding legal contract with such Occupant under such contract, and you agree to perform in accordance with the terms and conditions of these Homeowner Terms. Your obligations hereunder will inure to the benefit of such Occupant. Rent Like a Champion will be a third party beneficiary to any such agreement between you and an Occupant and Rent Like a Champion may enforce such Occupant’s rights hereunder.
Responsibilities
Property Availability. Once a Homeowner has uploaded a price, check-in time, and check-out time to a Listing for a particular event weekend, he or she is guaranteeing that the Property will be available under those terms. [Homeowner may remove a Listing from the Platform at any time prior to such Listing becoming a Reservation, at which time the Property must be available for the Reservation.] Homeowner is responsible for maintaining the accuracy of the Listing.
Accuracy of Listing Information. Homeowner agrees to provide accurate, truthful, and factual descriptions in the Listing at all times. By providing a description of the Property on the Platform, Homeowner agrees to fulfill the reservation according to those descriptions with all listed features provided in the manner laid out by Homeowner.
Rules
Lockbox. Homeowners are required to use a four-digit numerical lockbox similar to a Masterlock 5400D. Homeowners are free to set the code to whatever number they wish, however the code may not be changed within 14 days of an existing Reservation without the prior written consent of Rent Like a Champion. Homeowner will maintain an accurate security code on the Property.
Vacating the Property. Homeowners will establish check-in and check-out times in the Listing. Homeowners are required to vacate the Property at least 30 minutes prior to the check-in time and may not return until at least 30 minutes after the check-out time. Penalties may be assessed (and set off against any payment payable by Rent Like a Champion to Homeowner) if a Homeowner has not vacated the premises prior to a contractual check-in or returns prior to the check-out time.
Clean Property. The Property must be cleaned prior to Occupant’s arrival. Beds must be made with fresh linens and towels for the maximum capacity headcount and must be placed on the beds or in immediate view.
Amenities. Homeowner will provide basic hotel style toiletries including hand soap, shampoo, conditioner and shower soap. Homeowners can offer the option to furnish their homes with groceries or other amenities on their Listing only if the Occupant requests such amenities. If this option is available, Homeowner should indicate so on the Listing. All requests must be directed through and approved by Rent Like a Champion prior to the delivery of such services.
Home Instructions. Homeowner will provide detailed home instructions which will be included on each Property profile for Occupants to review before arrival. A printed copy of the instructions should be left in the kitchen for Occupants to review during their stay. The instructions should include information about how to use the electronics, where to park, and any other vital information needed to ensure a pleasant stay.
Prohibited Activities. Homeowners are expressly forbidden from performing any of the following activities: supplying personal information to Occupants without the prior consent of Rent Like a Champion, releasing promotional materials to Occupants unless the materials have been approved by Rent Like a Champion, behaving in an abusive fashion towards any Occupant or employee or agent associated with Rent Like a Champion, using the Platform for illegal activities, and violating any local (including homeowners’ associations), county, state, or federal regulations, laws or ordinances.
Fees
Rent Like a Champion Service Fee. Homeowner will pay Rent Like a Champion a service fee based on the Reservation Fee collected (“RLAC Service Fee”). In certain markets, a minimum service fee may apply.
Credit Card Fee. If an Occupant pays via credit card, the credit card processing fees (currently 2.9%, but subject to change based upon the actual cost to Rent Like a Champion) related to such transaction will be deducted from Homeowner’s proceeds to cover online credit card processing fees. The credit card fee policy is subject to change without any prior notice based on Rent Like a Champion’s credit card merchant processing agreement.
Emergency Visit. If we are required to make an emergency visit during a reservation due to maintenance issue, lockout not at the fault of the Occupant, or for any other reason, Homeowner is responsible for a $50 fee per visit, plus any repair costs or other fees associated with the visit payable out of the Homeowner’s proceeds.
Liability for Property Issue
In the event that:
(a) Homeowner fails to update the Property’s availability and the Property is booked but is no longer available for any reason;
(b) a Property is not described accurately, resulting in either a partial or full refund request, or an immediate cancellation of the Reservation, due to any issues arising from such inaccurate description of the Property or its suitability for use;
(c) a Property is not accurately prepared as described in the listing; or
(d) the Property is out of service for reasons beyond the control of Homeowner
Homeowner will be liable, at Rent Like a Champion’s sole discretion, for:
(x) any costs associated with procuring accommodations of “equal or greater value” that are acceptable to the Occupant, such that the new reservation causes no loss for Rent Like a Champion;
(y) a penalty on the amount payable by Rent Like a Champion to Homeowner; and/or
(z) a payment to Rent Like a Champion equal to the RLAC Service Fee that would have been due to us.
Damage Recovery Policy
Damage Protection Hold. Rent Like a Champion will place a hold on the credit card of each Occupant (a minimum of $1,000, as indicated in the Listing) two to three business days prior to the Reservation to cover damages by Occupant to the Property (“Damage Protection Amount”).
Dispute Initiation Window. Homeowners have 48 hours from the Listing check-out time to notify Rent Like a Champion of any problems arising from a Reservation. Homeowners should provide a detailed description of any damages including pictures and narrative, along with a reasonable estimate of repairs. Homeowner shall make the Property available to Rent Like a Champion as necessary to assess damages and associated costs. If the requested amount is less than the Damage Protection Amount, at its discretion, Rent Like a Champion may reject your claim or charge Occupant all or some portion of the amount requested and released to you.
Direct Remedy from Occupant. In the event the requested amount exceeds the Damage Protection Amount, you will use your best efforts to communicate with the Occupant responsible for any damage or charges as soon as possible after you discover such damage or charges to Property. You will notify Occupant that you have initiated the complaint process and attempt to resolve the damage or charge issue with Occupant. If Homeowner and Occupant are unable to reach a resolution within seven days after Homeowner first contact’s Occupant, you will notify Rent Like a Champion.
Further Disputes. If Occupant and Homeowner are unable to resolve the dispute, Rent Like a Champion will take the steps it reasonably deems appropriate in its discretion to provide an acceptable resolution to both parties. Such resolution may involve mediation or filing an insurance claim. In each case, you agree to use best efforts to participate and assist Rent Like a Champion in its efforts.
Rent Like a Champion’s Rights and Obligations
Reservation Confirmations. Reservation confirmations will be sent to Homeowners via email upon booking and confirmation of the reservation. The following details will be included in the reservation: reservation fee, RLAC Service Fee, credit card fees and expected Homeowner proceeds from the Reservation (“Net Homeowner Proceeds”).
Distribution of Net Homeowner Proceeds. Rent Like a Champion will make every attempt to process the Net Homeowner Proceeds within 96 hours of check-out time established in each individual reservation. Should a refund request or Damage Protection Amount request be submitted, payment of the Net Homeowner Proceeds may be delayed.
Information Redistribution. Rent Like a Champion will not redistribute any Homeowner contact information, except for information used purely for marketing purposes associated with the Property, without your express written consent.
Contact Policy. Rent Like a Champion intends to serve as the only point of contact for Occupants prior to Occupant booking the Reservation. Homeowner will not contact any Occupant without the prior written consent of Rent Like a Champion before payment is made by the Occupants. Homeowners may not include personal contact information or alternate website information in the Listing. If this type of information is included in the profile, the Listing will be subject to immediate removal from the Platform. If Homeowner is contacted directly by the Occupant to circumnavigate Rent Like a Champion, Homeowner shall notify Rent Like a Champion immediately.
Permission to Advertise. Homeowner hereby grants Rent Like a Champion the right to advertise the right to license the Property on the Website, internet blogs, online classified sites, and through other advertising media.
Emergency Repair and Locksmith. Rent Like a Champion may make emergency repairs reasonably required at Homeowner’s expense without prior authorization, provided that Rent Like a Champion will make a good faith effort to contact Homeowner before making such repairs. Should a key not be available inside of a lockbox or should a lockbox malfunction, due to an incorrectly set code or any other reason due to action or inaction by Homeowner preventing access to the Property, Homeowner authorizes procurement of locksmith services at Homeowner’s expense provided that Rent Like a Champion will make a good faith effort to contact Homeowner prior to procuring such services.
Indemnification and Limitation of Liability
No Liability for Damages. Under no circumstances shall Rent Like a Champion be held liable for Property or other damages or any indirect, special or consequential damages.
Rent Like a Champion Liability Release. You hereby acknowledges that the Platform provides a marketplace for Occupants and Homeowners to interact. In the event that a dispute arises between Homeowner and Occupant(s) or between Homeowner or Occupant and Rent Like a Champion, Homeowner agrees to release, indemnify, defend, and hold harmless Rent Like a Champion and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives, and employees from all claims, demands, and damages (both actual and consequential) of every kind and nature except in the event of gross negligence by or on behalf of Rent Like a Champion. The total of any liability on the part of Rent Like a Champion is limited to the total amount paid to Homeowner for the reservation.
Attorneys’ Fees. Occupant agrees to pay reasonable attorneys’ fees and court costs incurred by Rent Like a Champion in enforcing Rent Like a Champion’s rights under this agreement. Should this portion of the agreement be found unenforceable under the law, all remaining provisions will continue to be valid and enforceable without exception. Occupant recognizes and understands that Rent Like a Champion is operating in a limited capacity as an agent for the parties, and furthermore agrees to indemnify and hold harmless Rent Like a Champion and Rent Like a Champion’s agents from any damages not directly a result from Rent Like a Champion or Rent Like a Champion’s agent’s actions.
Miscellaneous
Tax Information. Homeowner agrees to provide any tax information (e.g., IRS Form W-9) as necessary for Rent Like a Champion to prepare and issue a 1099 tax form, as applicable per IRC code.
Local Laws and Taxes. Homeowner is responsible for complying with local law related to licensing property in exchange for a fee and to pay any and all local taxes that may applicable as a result of renting your Property.
Recognition of Electronic Communications as Primary Method of Communication. Homeowner understands and acknowledges that most communications from Rent Like a Champion are delivered electronically via email. A working email address is a requirement for all Homeowners. Furthermore, Homeowner agrees to ensure that email communications are not delivered to a “spam” or “junk” or similar email folder. Homeowner agrees to check the email address frequently, particularly in the weeks preceding any reservations for which Homeowner has manually input a price to a specific event, thereby ensuring that Homeowner is properly made aware of any upcoming reservations.
No Assignment. Homeowner agrees not to assign this agreement without prior written permission.
Third Party Beneficiary. Homeowner agrees that Rent Like a Champion is an express third party beneficiary of these Homeowner Terms, having rights to enforce the terms hereof.
Governing Law. This Agreement is governed by the laws of the State of Illinois.
Jurisdiction. Any legal action, which may arise between Rent Like a Champion and Occupant related to this contract shall be brought exclusively in the state or federal courts located in Chicago, Illinois. By executing this Agreement, Occupant agrees that the state or federal courts located in Chicago, Illinois, shall have personal jurisdiction over Occupant in any legal action between Rent Like a Champion and Occupant related to this contract. Rent Like a Champion and Occupant may agree to, but are not required to, mediate any dispute which may arise between Rent Like a Champion and Occupant related to this contract. If Rent Like a Champion and Occupant elect to mediate, mediation shall occur exclusively in the location chosen by Rent Like a Champion, with a mediator of Rent Like a Champion's choosing.
BY CLICKING “I AGREE” AT THE END OF THESE HOMEOWNER TERMS, YOU CONFIRM THAT YOU HAVE REVIEWED THE INFORMATION ABOVE AND CERTIFY YOUR AGREEMENT AND AGREE THAT THESE TERMS ARE LEGALLY ENFORCEABLE AND FULLY BINDING.