RV Rental Management Agreement
This agreement constitutes a contract between RV owner, (OWNER) and RV Manager, Fireside RV Rental Franchisee aka (FRANCHISEE).
*Sub-renter = the person(s) that Franchisee will be renting the RV to.
FRANCHISEE and OWNER agree as follows:
- OWNER PAYOUT AGREEMENT: Payouts will take place within 7-30 business days of when booking takes place. Payments are sent through Melio, but can be sent in various forms like paypal, e-check, zelle, etc. Owner will receive 80% of Mileage and Generator Overages charged from the website. This amount includes the platform and processing fees.
Payout Percentage will be listed in section titled “Owner Payout Agreement”. If not listed split will be 50-50 after 15% platform fee gross deduction. - SECURITY DEPOSIT: FRANCHISEE will collect/hold/deduct/return deposits from sub-renters. An inspection is done after each check-out for any damage done. The sub-renter(s) shall be liable and responsible for any property damage, accident, injury to any person or loss sustained by any person or arising out of or in any way related to sub-renter(s) use of the premises or the items of personal property provided by OWNER hereby agrees to indemnify and hold OWNER harmless from any and all claims, including those of third parties, arising out of or in any way related to sub-renter(s) use of premises or items provided therein. Sub-renter(s) assumes the risk of injury or other losses relating to any recreational activities and will hold OWNER harmless with respect thereto. Sub-renter(s) agrees to indemnify OWNER for any damages to the dwelling, grounds, furnishings, and household items.
- CLEANING: RV will be inspected, sanitized and cleaned before the FRANCHISEE gets it. The unit will be returned in the same general condition that FRANCHISEE received it. If cleaning needs to happen or stock items need to be added for its first rental, FRANCHISEE will handle and bill the owner out of the first payout accordingly.
- WEAR AND TEAR: Normal wear and tear is expected on any rental vehicle and the OWNER understands minor nicks and scratches are considered normal wear and tear. It is common with the material used to upholster RV furniture to show wear and tear with constant use. The OWNER understands that the material may wear from age, use, heat, cold, and humidity. Normal wear and tear repairs performed by FRANCHISEE or a facility it hires will be deducted from OWNER payouts.
- STOCK ITEMS: OWNER will stock RV with items individual FRANCHISEE requires.
- HOLD HARMLESS: OWNER does not assume any liability for loss, damage or injury to persons and/or their personal property.
- ADDITIONAL TERMS AND CONDITIONS: The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges OWNER, from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her guests as a result of, or in connection with the occupancy of the premises and agrees to hold OWNER free and harmless of any claim or suit arising therein. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs. If a guest violates any conditions of this agreement, OWNER may terminate this agreement and enter premises. This contract is entered into in the county and state of the location the RV is placed at for management and consents to the personal jurisdiction of any proper court located therein. FRANCHISEE will make sure the sub-renter, is at least 25 years of age and will be an occupant of the unit during the entire camping period.
- RENTAL INSURANCE: The rental platform provides insurance on the RV during rental dates with a deductible. Sub-renter deposit is responsible for the deductible amount. This insurance may not cover Loss of Use or our administrative expenses incurred processing a damage claim. Coverage may be void if OWNER fails to cooperate in any loss investigation conducted by us or our insurer. FRANCHISEE must: (a) report all damage to OWNER and all accidents to OWNER and (b) provide OWNER with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the RV . Sub-renter is responsible for all damage to the RV that is not covered by insurance policies or that is in excess of insurance limits. Sub-renter are responsible for all damage or injury sub-renter causes to third parties and agree to provide liability insurance coverage on the rental through the insurance policy that covers sub-renter towing vehicles. If RV is being delivered to the sub-renter rental insurance may be not provided for the return of the RV.
- OWNER INSURANCE: Due to changes and in the industry and gaps in coverage concerns, the franchise will hold a commercial insurance policy. (either with Roamly or MBA insurance depending on the branch) Your unit will be placed on the franchise policy if with MBA and coverage will extend to you for personal use. Roamly policy’s are in the owner’s name and extend to fireside for coverage You will need to discuss the premium payment with the Franchise owner if MBA is chosen. Both of these options allow you to cancel your current insurance policy. If, in rare circumstances, the owner‘s personal insurance policy confirms they will extend coverage for Fireside franchise operations with no gaps in coverage. The owner‘s insurance will provide coverage when the unit is not under a rental for situations like but not limited to damage while RV is sitting at a storage unit, being transported to and from owner by fireside, being towed or driving for fuel refills, oil changes, maintenance, repairs, return pick up from ending reservations, or too and from wash facility.Â
- INSURANCE AND DAMAGE CLAIMS HANDLING: During the term of this Agreement, Owner agrees that FRANCHISEE shall have full authorization to accept, receive, and deposit any funds from an insurance company for any claim.
- LOSS OF USE: IN NO EVENT WILL FRANCHISEE BE LIABLE TO YOU FOR ANY LOSS PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT, IN ANY EVENT OF LIABILITY, THE TOTAL AMOUNT RECOVERABLE AGAINST FRANCHISEE SHALL ONLY BE A REFUND OF ANY FEE PAID BY YOU UNDER THIS AGREEMENT.
- MISC:
- FRANCHISEE may be responsible for claims listed above if the sub-renter is unable to meet obligations.
- FRANCHISEE is authorized to give discounts on rentals without owner approval.
- FRANCHISEE will handle all customer complaints.
- FRANCHISEE will fix damages or hire repair facility to fix damages made to RV and collect monies owed by sub-renter for said damages including insurance claim payouts.
- OWNER will not hold FRANCHISEE or sub-renter responsible for any issues arising from natural wear and tear on certain items such as tires, water heater, fridge condenser, stove, ac unit, or other misc mechanicals. Owner agrees to reimburse FRANCHISEE directly or from earnings for required vehicle maintenance costs, not limited to but including: oil changes, tires, generator maintenance, sealing the roofs and windows, lubing classes, all moving parts, grease barring, lubing slides, AC service, hydraulic fluidity, windshield wipers, etc.Â
- OWNER and FRANCHISEE will work together to make proper arrangements for storing of RV between dates of usage.
- OWNER allows FRANCHISEE to determine the rental rates, terms and conditions at sole discretion.
- FRANCHISEE does not guarantee specific performance of rental unit.
- OWNER will not rent out RV on their own while RV is being managed by FRANCHISEE without this being agreed to by FRANCHISEE or FRANCHISEE can end the relationship and may not be held liable for damages.
This agreement may be canceled by either party at any time.