Host Property Agreement

This Host Property Agreement ("Agreement") is entered into between Marquee Stays LLC ("Company," "we," "us," or "Platform") and the property owner or authorized representative identified during registration ("Host," "you"). By registering a property on the Platform, you agree to be bound by all terms of this Agreement.

Marquee Stays LLC operates an online platform facilitating short-term lodging bookings in Boulder, Colorado. The Company is not a party to any rental agreement between Hosts and Guests, and does not act as a property manager. The Host must either own the property or be an authorized long-term tenant with proper consents.

Important Notice: This Agreement contains provisions governing liability limitations, insurance requirements, payment terms, and dispute resolution by binding arbitration. Please read it carefully before listing your property.

1. Host Eligibility, Authority, and Representations

1.1 Eligibility Requirements

To list a property on the Platform, you must:

• Be at least 18 years of age
• Have the legal right to list and rent the property (as owner, or with written authorization from the owner)
• Obtain all required permits and licenses before listing
• Provide accurate identity verification as required during onboarding
• Complete all required tax forms (W-9 or equivalent) prior to receiving payouts
• Maintain a valid bank account or payment method capable of receiving electronic transfers

1.2 Representations and Warranties

By listing a property, you represent and warrant that: (a) you have authority to license the property; (b) your listing complies with all legal requirements; (c) you have obtained all necessary approvals; (d) short-term rental of the property complies with all governing documents and restrictions; and (e) you will maintain ongoing compliance. These representations are material to this Agreement.

1.3 Future Properties

All representations, warranties, and certifications set forth in this Section 1 shall apply to the Property and any other property that the Host lists on the Platform in the future (collectively, the "Properties") without the need to execute an additional agreement for such future Properties.

1.4 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You must promptly notify us at support@marqueestays.com of any unauthorized use of your account, or if any representation made in this Agreement becomes inaccurate or required rights or licenses are lost.

1.5 Joint and Several Obligations

When multiple individuals are listed as Host, all representations, warranties, and obligations bind all Hosts jointly and severally.

2. Property Listings

2.1 Listing Content

The Host provides all content, materials, photographs, and descriptions about the property unless the Company provides photography. The Host represents that all listing content is accurate, complete, current, legally compliant, and does not infringe any third-party rights.

2.2 Grant of License

The Host hereby grants to the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, display, distribute, reproduce, modify, and promote the Listing Content solely for purposes of operating, marketing, and promoting the Platform.

2.3 Accuracy and Verification

The Company does not verify or endorse the accuracy of Listing Content. The Host is solely responsible for ensuring compliance with all legal and contractual obligations.

2.4 Capacity, Safety, and Availability

The Host must accurately represent maximum occupancy in compliance with local law and building codes, maintain safe and suitable property conditions, keep availability accurate, and comply with all applicable accessibility laws including the Americans with Disabilities Act.

3. Booking and Reservation Management

3.1 Booking Confirmation

A binding reservation is created when a Guest's booking is confirmed and payment is processed. The Host must make the property available for the agreed dates.

3.2 Host Cancellation Policy

If you cancel a confirmed reservation, you will:

• Forfeit your Host payout for the booking
• Incur a cancellation penalty fee equal to eighty percent (80%) of the total booking amount
• Be subject to temporary or permanent reduction in listing visibility
• Face potential account suspension for repeated cancellations

The Company may waive penalties in cases of documented casualty, emergency, or force majeure circumstances.

3.3 Guest Cancellation Policy

The Guest cancellation policy, as displayed on the Platform prior to booking, provides for an eighty percent (80%) refund if the Guest cancels within forty-eight (48) hours of booking the Property. Platform service fees are non-refundable regardless of the cancellation policy, except where the Host cancels or the Platform determines a property did not meet listing standards.

3.4 Check-In and Check-Out

You must provide Guests with accurate and timely check-in instructions, including access codes or key arrangements, no later than twenty-four (24) hours prior to the start of occupancy. All property cleaning must be performed by the Company or Company-approved providers.

3.5 Listing Content and Availability Updates

The Host is responsible for maintaining accurate availability and listing information at all times.

3.6 No Company Liability for Cancellations

The Company assumes no responsibility or liability for cancellations by Guests or Hosts.

3.7 Platform Availability and Limitations

The Company makes the Platform available on a commercially reasonable basis but does not guarantee uninterrupted access. The Company is not liable for technical malfunctions, maintenance, third-party disruptions, or force majeure events. The Host remains responsible for all obligations regardless of Platform downtime.

4. Pricing and Fees

4.1 Host Controlled Property Pricing

The Host has sole discretion to set nightly or weekly pricing. All other fees, including cleaning fees and service fees, are determined exclusively by the Company.

4.2 Marquee Pricing Recommendations

The Company may provide advisory pricing recommendations based on market data and comparable properties. These recommendations are provided as a courtesy and you are not obligated to follow them. All final pricing decisions remain your sole responsibility.

4.3 Platform Service Fee, Taxes, Payment Processing, and Referrals

The Company charges a standard Platform Service Fee of twenty percent (20%) of the booking subtotal (excluding taxes and cleaning fees), which is automatically deducted from the Host's payout prior to disbursement. Host payouts are processed via Stripe Connect. The Host remains responsible for all applicable taxes on rental earnings.

The Company offers a referral incentive of One Hundred Dollars ($100.00) per qualifying new Host signup.

4.4 Cleaning Fees and Services

All property cleaning must be performed by the Company or Company-approved providers. The Company determines cleaning schedules and rates. The Host may not independently contract cleaning services. Company-provided linens remain Company property and must not be removed or repurposed. The Host must reimburse the Company for any Company linens lost, damaged, or misappropriated beyond ordinary wear and tear.

5. Host Responsibilities and Property Standards

5.1 Property Condition and Applicable Licenses

You must maintain your property in a safe, clean, and habitable condition that meets or exceeds the standards described in your listing and all applicable representations. The property must comply with all building codes, fire safety regulations, health and safety requirements, and all required permits and licenses.

5.2 Required Property Amenities

At minimum, your property must provide:

• Functional smoke detectors and carbon monoxide detectors on each floor
• A functional fire extinguisher
• Clear emergency exit information
• Accurate and functioning Wi-Fi if advertised
• Secure access with reliable locks, codes, or key lockbox

5.3 House Rules

You may establish reasonable house rules for your property, which must be clearly posted on the booking page. House rules must comply with applicable law, may not be discriminatory, and may not conflict with the Platform's Terms of Service. The Company has no responsibility to enforce house rules.

5.4 Non-Discrimination

The Host agrees to comply with all applicable fair housing and anti-discrimination laws. The Host may not refuse to rent, apply different conditions, or otherwise discriminate against prospective Guests on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, disability, familial status, or any other characteristic protected by applicable law.

5.5 Local Legal and Licensing Compliance

You are solely responsible for determining whether short-term rental activity is permitted at your property under applicable zoning, HOA, condo association, and local ordinances, and for obtaining and maintaining all required licenses and permits. The Company may assist as an Optional Service. Compliance is a continuing obligation.

6. Optional Platform Services

The Optional Services described in this Section are entirely elective and are not required to list a property on the Platform. The Company may modify or discontinue any Optional Service at any time. Electing any Optional Service does not create a property management, agency, or fiduciary relationship between you and Marquee Stays. The Host remains solely responsible for the Property regardless of which Optional Services are elected.

6.1 Professional Photography

The Company may offer professional photography coordination for qualifying Host properties at no direct cost. All photographs produced through this service are owned exclusively by the Company and constitute Listing Content. The Company is not responsible for access or security issues during photography sessions unless directly caused by its own gross negligence or willful misconduct.

6.2 Short-Term Rental Licensing Assistance

The Company may provide administrative assistance with applicable license applications, including inputting information into governmental forms. The Company's role is strictly limited to clerical assistance and does not include legal review, compliance determinations, or verification of information accuracy. The Company may pay license fees at its discretion. The Host remains solely responsible for all licensing and regulatory compliance.

6.3 Concierge and Guest Services

The Company may offer administrative guest communications, scheduling coordination, and check-in support services. These services do not relieve the Host of any booking or property condition obligations.

6.4 Smart Pricing Recommendations

The Company may provide pricing guidance tools and market analytics. All recommendations are advisory only, with no guarantee of maximizing occupancy or revenue. The Host retains all pricing authority, as described in Section 4.

7. Damage Protection and Disputes

7.1 Platform-Provided Damage Protection

The Company provides $1,000,000 in damage protection coverage that applies to each booking facilitated through the Platform. This coverage supplements, and does not replace, your existing homeowner's or landlord's insurance.

7.2 Host Insurance Obligations

You should notify your insurance carrier of short-term rental activity and obtain any necessary riders or endorsements. By listing on the Platform, you represent that you maintain adequate property and liability insurance and must provide proof of coverage upon request. The Company is not liable for any claims beyond the Platform-provided damage protection.

7.3 Reporting Damage

If you discover damage to your property following a Guest's stay, you must: (a) document the damage with time-stamped photographs; (b) obtain repair estimates or invoices from licensed contractors; and (c) submit a damage claim through the Platform within seventy-two (72) hours of the Guest's check-out.

7.4 Guest Damage Responsibility

Guests remain financially responsible for damage to the property or its contents beyond normal wear and tear not covered under the Platform's damage protection.

7.5 Chargebacks

The Company will use reasonable efforts to contest chargebacks on the Host's behalf using booking documentation, to the extent required by legal or banking procedures.

7.6 No Company Liability

The Company is not an insurer or property manager and has no liability beyond what is explicitly covered under the Platform-provided damage protection. The Company will only act as required by valid legal orders.

8. Host Conduct and Community Standards

You agree to interact with all Guests, Platform staff, and other users in a professional and respectful manner. You must not:

• Contact Guests for the purpose of conducting transactions outside the Platform
• Request or accept payment for bookings outside the Platform's payment system
• Post false, misleading, or defamatory reviews of Guests
• Share Guest personal information with third parties in violation of privacy laws
• Engage in any form of harassment, threats, or discriminatory conduct
• List properties you do not have the authority to rent

You acknowledge that compliance with these community standards is your sole responsibility.

9. Company Intellectual Property

All content, features, and functionality of the Platform — including but not limited to the Marquee Stays name, logo, design, text, graphics, software, and trade dress — are the exclusive property of the Company and are protected by applicable intellectual property laws. The Host may not copy, reproduce, modify, distribute, or otherwise use Company intellectual property except as expressly authorized in writing by the Company.

10. Termination and Suspension

10.1 Termination by Host

This Agreement may be terminated by you upon fifteen (15) days' prior written notice to the Company. You remain responsible for fulfilling all confirmed bookings existing at the time of termination, including applicable cancellation penalties for any bookings you cancel.

10.2 Termination or Suspension by Company

The Company may suspend or terminate your account and remove any or all listings immediately, with or without notice, for any reason, including but not limited to: (a) violation of this Agreement or Platform policies; (b) receipt of multiple negative reviews or Guest complaints; (c) failure to maintain required insurance, legal compliance, or applicable licenses; (d) fraudulent, illegal, or harmful activity; or (e) any other conduct the Company determines, in its sole discretion, is detrimental to Guests, other Hosts, or the Platform's reputation.

10.3 Effect of Termination; Survival

Upon termination, you must cease use of the Platform. Listings will be removed at the end of your notice period (if Host-initiated) or immediately (if Company-terminated). You will receive payouts for completed bookings less any outstanding fees, penalties, or claims. The following obligations survive termination: indemnification, compliance with applicable law, payment of outstanding fees, obligations relating to completed bookings, and reporting of post-stay issues.

11. Indemnification; Limitation of Liability

11.1 Host Indemnification

You shall indemnify, defend, and hold harmless the Company, its affiliates, and its and their officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of this Agreement; (b) your property or the condition thereof; (c) any injury or damage occurring at your property during a booking; (d) your violation of applicable law; (e) any claim by a Guest related to your listing or rental activity; (f) any third-party claim related to your listing or rental activity; or (g) any other acts or omissions by you. This indemnification obligation survives termination of this Agreement indefinitely.

11.2 Company Indemnification

The Company will indemnify the Host for claims directly caused by the Company's breach, gross negligence, fraud, or willful misconduct. This indemnification is the Host's exclusive remedy against the Company for such claims.

11.3 Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its officers, directors, employees, and agents shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, data, or goodwill; or (c) damages resulting from Guest conduct, property damage beyond program limits, or third-party actions.

The Company's total aggregate liability to the Host for any claim arising under or relating to this Agreement — whether in contract, tort, or otherwise — shall not exceed the total service fees paid by the Host to the Company in the twelve (12) months preceding the claim.

12. Miscellaneous

12.1 Modifications; Execution

The Company reserves the right to modify this Agreement at any time. We will provide at least thirty (30) days' notice of material changes by email to your registered address or via the Platform. New Hosts must electronically sign the Agreement before listing. Existing Hosts must accept any updates within thirty (30) days of notice or face account suspension. Your continued use of the Platform after the effective date constitutes acceptance of the updated terms.

12.2 Entire Agreement

This Agreement, together with the Platform's Privacy Policy and Guest-facing Terms of Service, constitutes the entire agreement between the Host and the Company with respect to the Host's use of the Platform, superseding all prior agreements, understandings, or representations.

12.3 Governing Law

This Agreement shall be governed by the laws of the State of Colorado without regard to conflict of law principles.

12.4 Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

12.5 Notices

All notices must be in writing. Notices to the Company should be sent to 2485 Folsom Street, Boulder, CO 80304 or support@marqueestays.com. Notices are deemed received on the delivery date (personal delivery), transmission date (email), or three (3) business days after mailing (U.S. mail).

12.6 Waiver

The failure of the Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or the Company's future enforcement rights.

12.7 Counterparts; Electronic Signatures

This Agreement may be executed in counterparts. Electronic signatures shall have the same force and effect as original signatures.

12.8 Assignment

The Host may not assign any rights or obligations under this Agreement without the Company's prior written consent. The Company may assign this Agreement without Host consent, provided such assignment does not materially increase Host obligations or reduce Host rights.

12.9 Dispute Resolution; Arbitration; Class Action Waiver

Before initiating formal proceedings, you agree to contact the Platform in writing and attempt to resolve any dispute informally. The Company will attempt to respond within thirty (30) days.

Any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Boulder, Colorado.

Both parties agree that all claims must be brought individually and not as a plaintiff or class member in any purported class or representative action.

12.10 No Joint Venture or Partnership

Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, fiduciary, or employment relationship between the Host and the Company.

12.11 Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and permitted assigns.