Host Listing & Participation Agreement.
Draft Version 0.1This draft is intended for review by New York legal counsel before publication.
1.Agreement
This Agreement governs participation by Hosts listing accommodations on AdirondackRegion.com and its mobile applications.
2.Eligibility
Hosts represent they own or are authorized to rent the listed property and possess all required licenses, permits, insurance and legal authority.
3.Geographic Scope
Listings must be located within the Adirondack Park unless AdirondackRegion.com expands its service area.
4.Platform Services
The Platform provides marketing, listing management, reservation request transmission, booking referrals, messaging tools and related services. The Platform is not the lodging provider.
5.Host Obligations
Hosts shall maintain accurate listings, calendars, pricing, availability, amenities, policies and contact information; respond promptly to reservation requests; comply with applicable law; maintain safe accommodations; collect all required taxes and payments; and honor confirmed reservations except where cancellation is permitted.
6.Reservations
Booking requests may be automatically or manually approved. Hosts are responsible for honoring accepted reservations and communicating property-specific information.
7.Payments
Unless expressly stated otherwise, Hosts collect all guest payments directly. AdirondackRegion.com is not the merchant of record and is not responsible for refunds, chargebacks, payment disputes or tax collection.
8.Platform Fees
Hosts authorize AdirondackRegion.com to charge referral fees, commissions, advertising fees, subscription fees or sponsorship charges to the payment method on file. Unpaid balances may result in suspension, collections or termination.
9.Listing Content
Hosts warrant that all submitted content is accurate and that they possess all necessary rights. Hosts grant AdirondackRegion.com a worldwide, non-exclusive, royalty-free license to use, reproduce, display, modify for formatting, distribute and promote listing content for Platform operations and marketing.
10.Editorial Rights
AdirondackRegion.com retains sole discretion over search placement, recommendations, featured listings, editorial content, destination guides and promotional opportunities.
11.Reviews
Guests may submit reviews. AdirondackRegion.com retains editorial control and may moderate, edit formatting, remove prohibited content or investigate disputed reviews.
12.Communications
Hosts consent to electronic communications regarding operations, billing, reservations, marketing and platform updates. AdirondackRegion.com may communicate with guests regarding reservations and destination information.
13.Insurance
Hosts shall maintain commercially reasonable liability and property insurance appropriate for the accommodation and provide evidence upon request.
14.Compliance
Hosts shall comply with all federal, state and local laws, zoning requirements, HOA restrictions, tax obligations, accessibility requirements where applicable, and health and safety regulations.
15.Prohibited Conduct
Fraudulent listings, discriminatory practices prohibited by law, review manipulation, spam, intellectual property infringement, malware, unlawful conduct and misleading information are prohibited.
16.Disclaimer
THE PLATFORM IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND. AdirondackRegion.com does not guarantee occupancy, revenue, uninterrupted availability or error-free operation.
17.Limitation of Liability
To the maximum extent permitted by law, AdirondackRegion.com shall not be liable for guest conduct, host conduct, property damage, injuries, theft, weather, wildlife, road conditions, utility failures, internet outages, acts of God or indirect, consequential, punitive or special damages.
18.Indemnification
Host shall defend, indemnify and hold harmless AdirondackRegion.com and its owners, employees and affiliates from claims arising from the property, the listing, reservations, guest stays, violations of law, taxes, insurance failures or Host negligence or misconduct.
19.Suspension & Termination
AdirondackRegion.com may suspend or terminate listings or accounts at its discretion. Obligations relating to fees, intellectual property, indemnification and limitations of liability survive termination.
20.Miscellaneous
This Agreement is governed by New York law. AdirondackRegion.com may amend this Agreement by posting an updated version. Continued participation constitutes acceptance of revised terms. Electronic acceptance is legally binding.
