Legal
Host Property Agreement
Version 2.1 | Effective: March 14, 2026
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.
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. About the Platform
Marquee Stays operates an online marketplace that connects property owners ("Hosts") with guests seeking short-term lodging and event space rentals during festivals, concerts, and special events. The Platform facilitates transactions between Hosts and Guests but is not a party to any rental agreement between them.
Marquee Stays is a marketplace and intermediary platform, not a property manager, property management company, or rental agent. Marquee Stays does not act as your agent, does not hold any fiduciary duty to Hosts, and does not manage, control, or take possession of listed properties. You remain the owner and operator of your property at all times.
Marquee Stays may offer optional platform services — such as pricing guidance, professional photography coordination, cleaning referrals, and licensing assistance — that Hosts may elect to use. These are supplemental services provided at the Host's election; they do not create a property management relationship and do not transfer operational control or legal responsibility to Marquee Stays.
2. Host Eligibility and Account Registration
2.1 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)
- 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
2.2 Authorization to List
By listing a property, you represent and warrant that: (a) you own the property or have obtained written authorization from the owner to list it; (b) listing and renting the property does not violate any lease, HOA rules, mortgage agreement, or other contractual obligation; and (c) you have obtained all permits, licenses, and approvals required by applicable local, state, and federal law.
2.3 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.
2.4 CC&R and HOA Compliance Representation
If your property is located within a community governed by a homeowners association ("HOA") or subject to a declaration of covenants, conditions, and restrictions ("CC&Rs"), by listing your property you expressly represent and warrant that:
- (a) Review of Governing Documents. You have personally reviewed all applicable CC&Rs, HOA bylaws, rules and regulations, and any other governing documents applicable to the property;
- (b) Short-Term Rental Authorization. Short-term rental of the property—including rentals for fewer than thirty (30) consecutive days—is expressly permitted or is not prohibited under your CC&Rs, HOA governing documents, and any applicable community rules;
- (c) No Pending Restrictions. As of the date of listing, no pending amendment, board resolution, rule change, or HOA proceeding exists that would restrict or prohibit short-term rental of the property;
- (d) Required Approvals Obtained. You have obtained any HOA consent, approval, or registration required by your governing documents prior to engaging in short-term rental activity; and
- (e) Ongoing Compliance. You will maintain compliance with all HOA obligations throughout the term of any booking, including payment of dues, adherence to community rules, and ensuring that Guests comply with applicable community standards.
If any of the foregoing representations cease to be accurate at any time, you must immediately notify the Platform at support@marqueestays.com and suspend acceptance of new bookings until compliance is restored. You acknowledge that misrepresentation of your CC&R or HOA compliance status constitutes a material breach of this Agreement and may result in immediate account suspension, termination, and liability for any resulting losses suffered by the Platform or Guests.
3. Property Listings
3.1 Listing Accuracy
All listing information must be accurate, complete, and current. This includes but is not limited to: property description, photos (which must reflect the actual current condition of the property), amenities, guest capacity, house rules, and pricing. Misleading or inaccurate listings may result in suspension or termination of your account.
3.2 Listing Content
You grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your listing content (including photographs and descriptions) for the purpose of operating, marketing, and promoting the Platform.
3.3 Capacity and Safety Compliance
You must accurately represent the maximum occupancy of your property in compliance with all applicable fire codes, building codes, and local ordinances. You may not confirm bookings that would exceed safe or legal occupancy limits.
3.4 Availability
You are responsible for keeping your availability calendar accurate. Cancelling a confirmed booking is strongly discouraged and may result in penalties including suspension from the Platform, forfeiture of service fees, and negative impact to your listing visibility.
4. Booking and Reservation Management
4.1 Booking Confirmation
A binding reservation is created when a Guest's booking request is confirmed and the Guest's payment is processed. At that point, you are obligated to provide the property as listed for the agreed dates.
4.2 Host Cancellation Policy
If you must cancel a confirmed reservation, you must notify the Platform immediately. You have a 2-day grace period from the time of booking confirmation to cancel penalty-free. After that window, host cancellations will result in:
- Automatic full refund of all amounts paid by the Guest
- A cancellation penalty fee equal to 80% of the reservation value assessed to your account
- Temporary or permanent reduction in listing visibility
- Account suspension for repeated cancellations
4.3 Guest Cancellation Policy
The guest cancellation policy, which is displayed prominently before booking, is 80% refunded if cancelled within 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.
4.4 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 24 hours before the booking begins. You are responsible for ensuring the property is clean, accessible, and ready for occupancy at the agreed check-in time.
5. Pricing and Fees
5.1 Host-Controlled Pricing
You set your own nightly or event-based rates. Final pricing decisions rest exclusively with you, the Host. You may update your rates at any time through your homeowner dashboard, but rate changes will not apply to already-confirmed bookings. You may also establish cleaning fees, security deposits, and additional guest fees, all of which must be disclosed in your listing prior to booking.
Cleaning fees are collected from guests as part of the total booking amount and disbursed to you via Stripe Connect as part of your payout, alongside your nightly earnings. Marquee Stays never holds cleaning funds — they flow through your normal disbursement. If you elect the cleaning coordination service (Section 7.2), you authorize Marquee Stays to arrange payment to your cleaning provider from your disbursement. Marquee Stays coordinates scheduling as a platform service only; the contractual relationship for cleaning services remains between you and your cleaning provider.
The Platform does not impose minimum or maximum nightly rates. You have complete discretion over your pricing within the bounds of applicable law.
5.2 Marquee Pricing Recommendations
As part of its marketplace services, Marquee Stays may offer pricing recommendations based on comparable properties in your area, historical event demand, booking lead times, and other market data. These recommendations are provided as a courtesy to help you maximize your earnings and are entirely advisory — you are under no obligation to adopt any suggested rate. All final pricing decisions remain your sole responsibility and prerogative.
5.3 Platform Service Fee
The Platform charges a Host service fee of 20% of each booking subtotal (excluding taxes and cleaning fees). This fee is deducted from your payout prior to disbursement. The service fee covers payment processing, platform operations, customer support, and protection programs.
5.4 Payouts
Host payouts are processed via Stripe Connect and are typically disbursed within 1–3 business days after the Guest's check-out, subject to any holds for disputes or damage claims. The Company uses manual capture for payment processing; funds are authorized and captured at booking to ensure payment security.
5.5 Taxes
As a marketplace facilitator operating in Colorado, the Platform collects and remits applicable state and local sales taxes, accommodations taxes, and short-term rental taxes on your behalf where legally required. You remain solely responsible for reporting and remitting any taxes not collected by the Platform, including federal or state income taxes on your rental earnings. You should consult a tax professional regarding your individual tax obligations.
6. Host Responsibilities and Property Standards
6.1 Property Condition
You must maintain your property in a safe, clean, and habitable condition that meets or exceeds the standards described in your listing. The property must comply with all applicable building codes, fire safety regulations, and health and safety requirements.
6.2 Required Amenities
At minimum, your property must provide:
- Working smoke detectors and carbon monoxide detectors on each floor
- A functional fire extinguisher
- Clear emergency exit information
- Clean linens, towels, and basic toiletries (or clear disclosure that these are not provided)
- Accurate and functioning Wi-Fi if advertised
- Secure access (locks, codes, or key lockbox) that works reliably
6.3 House Rules
You may establish reasonable house rules for your property, which must be clearly posted in your listing. House rules may address noise levels, parking, pet policies, smoking, unauthorized guests, and similar matters. Rules must comply with applicable law and may not be discriminatory. You may not impose rules that conflict with the Platform's Terms of Service.
6.4 Non-Discrimination
You agree to comply with all applicable fair housing and anti-discrimination laws. You 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.
6.5 Local Legal 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. Many cities, counties, and states have specific short-term rental regulations and may require a local business license or short-term rental permit. Failure to comply with local law is your sole responsibility and may result in removal from the Platform.
7. Optional Platform Services
Marquee Stays offers the following supplemental services that Hosts may elect to use. These services are entirely optional, are not required to list a property on the Platform, and do not alter the fundamental marketplace nature of this Agreement. Electing any of these services does not create a property management relationship between you and Marquee Stays.
7.1 Professional Photography
Marquee Stays may offer, as an optional platform service, professional photography coordination for qualifying Host properties at no direct cost to the Host. If you elect this service, Marquee Stays will coordinate a photography session with a commissioned photographer. By electing this service, you grant Marquee Stays and its commissioned photographer a limited license to access your property solely for the purpose of the photography session. All photographs produced through this service are owned exclusively by Marquee Stays LLC and may be used in connection with operating, marketing, and promoting the Platform. Hosts who do not elect this service have no obligation related to Marquee-commissioned photography.
7.2 Cleaning Coordination
Marquee Stays may, as an optional platform service, connect Hosts with vetted third-party cleaning providers and coordinate turnover scheduling between bookings. Cleaning fees are collected from guests as part of the total booking amount, included in your Stripe Connect disbursement, and never held separately by Marquee Stays. If you elect this service, you expressly authorize Marquee Stays to arrange payment to your designated cleaning provider from your disbursement on your behalf. This authorization is limited to scheduling and payment coordination; it does not make Marquee Stays your agent for any other purpose. The cleaning provider is an independent contractor, not an employee or agent of Marquee Stays. Quality of cleaning services and any disputes with cleaning providers remain the responsibility of the Host and the cleaning provider directly. Marquee Stays is not liable for any acts or omissions of third-party cleaning providers.
7.3 Short-Term Rental Licensing Assistance
Marquee Stays provides informational resources to help Hosts understand local short-term rental licensing requirements, including the City of Boulder's Short-Term Rental License and Festival Lodging Rental License. As an additional optional platform service, Marquee Stays may offer to submit a permit application to the applicable municipality on your behalf.
By electing this service, you grant Marquee Stays express, limited, and specific authorization to apply for a Boulder Short-Term Rental License or Festival Lodging Rental License on your behalf — solely for the purpose of completing that specific filing. This authorization: (a) is limited to the specific permit application you identify; (b) does not constitute general agency or any ongoing authority for Marquee Stays to act on your behalf; and (c) does not transfer responsibility for permit compliance to Marquee Stays. Host remains solely responsible for maintaining all required licenses, paying applicable renewal fees, and ensuring the property operates in ongoing compliance with all local, state, and federal law.
Marquee Stays's informational resources are provided for general guidance only and do not constitute legal advice. You should consult a licensed attorney or qualified professional regarding your specific legal obligations.
7.4 Concierge and Guest Services
Marquee Stays may offer concierge coordination services as an optional platform add-on. If elected, our team may assist with coordinating guest communications, check-in logistics, and on-the-ground support during a booking. This service is provided as a convenience to Hosts and Guests and does not make Marquee Stays responsible for guest outcomes or property conditions.
7.5 Smart Pricing Recommendations
Marquee Stays may provide data-driven pricing recommendations based on comparable listings, event calendars, and market demand. These recommendations are advisory tools Hosts may choose to reference. Hosts are not required to adopt any suggested rate. All pricing authority remains with the Host, as described in Section 5.
8. Damage Protection
8.1 Platform-Provided Damage Protection
Marquee Stays provides $1,000,000 damage protectionthat covers each booking facilitated through the Platform. This policy protects both Hosts (homeowners) and Guests against covered liability claims arising during the rental period. Coverage is provided by Marquee Stays at no additional cost to the Host and applies automatically upon booking confirmation.
This platform-provided coverage is intended to supplement, not replace, your existing homeowner's insurance. You should notify your homeowner's or landlord's insurance carrier that you are engaging in short-term rental activity, and obtain any rider or endorsement required by your individual policy.
8.2 Host Obligations
In addition to the Platform-provided coverage, you should:
- Notify your homeowner's or landlord's insurance carrier that you are engaging in short-term rental activity
- Obtain a short-term rental rider or endorsement if required by your insurer
8.3 Guest Damage Protection
The Platform requires Guests to acknowledge liability for damage they cause. The $1,000,000 damage protection covers eligible liability claims; Guests remain financially responsible for damage to the property or its contents beyond normal wear and tear not covered under that protection.
9. Damage and Disputes
9.1 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 72 hours of the Guest's check-out time, or your verified return date if returning later than the booking.
9.2 Platform Dispute Resolution
The Platform will review submitted claims and supporting documentation. We may, at our discretion, facilitate resolution between you and the Guest. The Platform's decisions regarding damage disputes are final.
9.3 Chargebacks
If a Guest initiates a chargeback on a legitimate charge, the Platform will use reasonable efforts to contest the chargeback on your behalf using booking documentation. You agree to cooperate and provide any information requested to support chargeback disputes.
10. 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
- Engage in any form of harassment, threats, or discriminatory conduct
- List properties you do not have the right to rent
11. Intellectual Property
11.1 Host-Provided Content
You retain ownership of photos and descriptions you personally upload to the Platform. By uploading them, you grant the Platform a perpetual, non-exclusive, royalty-free license to use, display, and reproduce this content in connection with the operation and promotion of the Platform.
11.2 Platform-Commissioned Photography
If a Host elects the optional professional photography service described in Section 7.1, all photographs produced by Marquee-commissioned photographers are owned exclusively by Marquee Stays LLC, not by the photographer or the Host. These images may be used in perpetuity for operating, marketing, and promoting the Platform. This section applies only to Hosts who have elected the photography service; listing a property on the Platform does not by itself convey any photography-related rights to Marquee Stays.
11.3 Platform Content
All content, features, and functionality of the Platform (including but not limited to the Marquee Stays name, logo, design, text, graphics, and software) are the exclusive property of Marquee Stays and are protected by applicable intellectual property laws.
12. Termination and Suspension
12.1 Termination by Host
You may close your account and remove your listings at any time by contacting support. You remain obligated to fulfill any confirmed bookings at the time of termination.
12.2 Termination or Suspension by Platform
The Platform may suspend or terminate your account, with or without notice, for: (a) violation of this Agreement or Platform policies; (b) receipt of multiple negative reviews or Guest complaints; (c) failure to maintain required insurance or legal compliance; (d) fraudulent or illegal activity; or (e) any other conduct the Platform determines is harmful to Guests, other Hosts, or the Platform's reputation. The Platform's determination in such matters is final.
12.3 Effect of Termination
Upon termination, you will receive payouts for any completed stays, less any outstanding fees, penalties, or claims. Listings will be removed from the Platform and you will lose access to your Host account.
13. Limitation of Liability
To the maximum extent permitted by applicable law, the Platform 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 Platform's total aggregate liability to you for any claim arising from or related to this Agreement shall not exceed the total service fees paid by you to the Platform in the twelve (12) months preceding the claim.
The Platform is not a party to the rental agreement between Host and Guest and is not responsible for the conduct of Guests.
14. Indemnification
You agree to indemnify, defend, and hold harmless the Platform and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (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; or (e) any claim by a third party related to your listing or rental activity.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating formal proceedings, you agree to contact the Platform in writing and attempt to resolve any dispute informally. The Platform will attempt to respond within 30 days.
15.2 Binding Arbitration
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. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15.3 Class Action Waiver
You and the Platform agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action.
15.4 Governing Law
This Agreement shall be governed by the laws of the State of Colorado without regard to conflict of law principles.
16. General Provisions
16.1 Modifications
The Platform reserves the right to modify this Agreement at any time. We will provide at least 30 days' notice of material changes by email to your registered address. Your continued use of the Platform following the effective date of modifications constitutes acceptance of the updated terms. This Agreement supersedes all prior versions, including Version 1.0 (February 1, 2026) and Version 2.0 (March 14, 2026).
16.2 Entire Agreement
This Agreement, together with the Platform's Privacy Policy and Guest-facing Terms of Service, constitutes the entire agreement between you and the Platform with respect to your use of the Platform as a Host, superseding all prior agreements.
16.3 Severability
If any provision of this Agreement is found to be 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.
16.4 Waiver
The failure of the Platform to enforce any provision of this Agreement shall not constitute a waiver of that provision.