Last modified: May 28th, 2017

This Agreement is entered into between you (the "Guest", "you" or "your") and HostTonight Inc., a Delaware corporation ("HostTonight", "we", "us" or "our"). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a "Booking"). This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.

You acknowledge and agree that by using HostTonight in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the HostTonight’s Terms of Service (the "Terms"), as published from time to time at WWW.HOSTTONIGHT.COM, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

Guest Rules

Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

Booking Summary

You have received a Booking Summary as a result of your Booking of an Accommodation from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms.

  1. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period ("Booking Period") set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.
  2. HostTonight is not an agent of either the Host or the Guest.
  3. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.
  4. You agree to abide by any rules and restrictions placed on the Accommodation by the Host or HostTonight ("House Rules"), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.
  5. The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated "no access", noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or HostTonight.

Booking and Cancellation

  1. The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking ("Confirmation of Booking"). The Host is not obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.
  2. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply: for any booking cancelled 7 full days prior to listing’s local checkin time on the day of checkin, HostTonight will refund 50% of the accommodation fees. If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking. Cancellations due to extenuating circumstances the Host may approve a refund of greater than 50% of the full listing price. The Guest is responsible for all fees associated with their cancellation to the Host, HostTonight, and the booking platform. In the event a refund within the 7 day window occurs, HostTonight charges its fee on the entirety of the reservation fees. If you cancel a booking more than 7 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking ("Accommodation Fees") for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  3. The Host has the right to cancel a booking at any time. Under the circumstance that the host cancels your reservation you may contact HostTonight to see if they can assist, however the Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event HostTonight is unable to assist in finding suitable alternative accommodations during the Booking Period, HostTonight will assist you obtaining a full refund. HostTonight shall have no responsibility or liability as a result of a cancellation of a booking.
  4. It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you or Host to comply with the House Rules including any failure to allow HostTonight to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
  5. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor HostTonight will be liable to you for any further amounts in respect of the cancellation of the Booking.

Fees and Charges

  1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or HostTonight as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
  2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through HostTonight are included.
  3. By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize HostTonight to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. HostTonight may also charge you fees for certain services provided by HostTonight as agreed by you under this Agreement.
  4. Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by HostTonight or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  5. In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. HostTonight is not responsible for any taxes as a result of any Accommodation.

Credit Card Authorization

When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

Check-In / Check-Out

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause HostTonight or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or HostTonight, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

Safety and Conduct

  1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the HostTonight and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
  2. If you become aware of anything during your stay which you believe is a health & safety risk, you must inform HostTonight immediately. Your Host and HostTonight will have access to the Accommodation at all times during your stay to address any such issues.
  3. You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or HostTonight.
  4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
  5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
  6. In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:
    1. keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
    2. not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
    3. not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
    4. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
    5. not leave any obstruction outside of the Accommodation;
    6. not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
    7. not conduct any illegal activity from the Accommodation;
    8. not conduct any business or commercial activity whatsoever from the Accommodation;
    9. not make any alteration or addition whatsoever to the Accommodation or its contents;
    10. not use the Accommodation for any purpose other than for personal accommodation; and
    11. not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
  7. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
  8. You hereby indemnify the Host and HostTonight in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your membership in HostTonight may be terminated in accordance with the Terms and this Agreement.

Property Damage

  1. A written or video inventory will have been taken prior to the commencement of your stay. You must notify HostTonight of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
  2. If you do not notify your HostTonight of any such damage you will be fully responsible for such damage on a full replacement cost basis.
  3. If you do declare any damage, then you are responsible for full replacement cost, but the first $8 USD per night of such damage will not be charged to you.
  4. You have authorized HostTonight to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, HostTonight has obtained a pre-authorization for such charges as noted above.

Liability and Claims

  1. Any claims made by you under this agreement must be made initially through HostTonight and in accordance with the Terms. If you notify HostTonight within 14 days after making such a claim through HostTonight that, in your opinion, the dispute has not been satisfactorily resolved, then HostTonight is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
  2. The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favor of HostTonight in the Terms applies hereto.
  3. Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the amount of the Accommodation Fees and charges payable by you. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
  4. Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host, HostTonight and their respective agents or employees.
  5. You agree to indemnify and hold Host and HostTonight harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
  6. If Host or HostTonight is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

General

  1. You agree that you have the power to enter into this agreement.
  2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that may be owed to you.
  3. The Host will be entitled to assign or sub-contract their obligations under this Agreement.
  4. The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
  5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
  6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
  7. These conditions are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts situated in the State of California for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
  8. If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
  9. HostTonight is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.

Host and Guest Services

HostTonight may offer certain goods and services to Guests with respect to a Booking that are included in the Booking ("Host Services") and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform ("Guest Services"). This Agreement sets forth the terms and conditions of the Guest Services.

HostTonight is not an agent of the Host or you, we are not booking agent or hosting platform and we are not a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.

In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.

As set forth in the Terms, HostTonight reserves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.

Host Services

HostTonight provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary and will be paid by the Host.

The following are Host Services that may be provided to you:

  1. Welcome to the Accommodation and key hand over;
  2. Cleaning of the accommodation before and during the stay;
  3. Helpdesk services for inquiries regarding the Accommodation (which is separate from the concierge Guest Service set forth below);
  4. Housekeeping (changing of linens); and
  5. Check-out and collection of keys.

Guest acknowledges and agrees that HostTonight may provide the Host Services through one or more third party vendors in its sole discretion. HostTonight agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but HostTonight makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

Guest Services

We may offer you Guest Services set forth below from time to time in accordance with this Agreement.

The following are Guest Services that we may offer you and for which an additional charge will be payable as set out below:

  1. Concierge services (advice on the area, booking of third party events, reservations etc.);
  2. Equipment hire (hire of audio visual equipment, tablets etc.);
  3. Food ordering;
  4. Stocking of refrigerator;
  5. Any other services requested by a Guest which we agree to provide from time to time.

Guest acknowledges and agrees that HostTonight may provide the Guest Services through one or more third party vendors in its sole discretion. HostTonight agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but HostTonight makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

Fees

[If you agree to accept any Guest Services from us, we will provide you with a preliminary invoice of fees for the Guest Services for your approval.] You agree to promptly pay to us all preliminary fees for Guest Services as set forth on the preliminary invoice. We reserve the right to request payment in advance of providing any Guest Services.

Guest hereby agrees to provide and maintain a current credit card or bank account information with HostTonight. Guest hereby authorizes HostTonight to charge Guest’s credit card or bank account for any amounts owed by Guest to HostTonight under this Agreement.

If you elect to accept Guest Services at the time of the Booking, we may provide the preliminary invoice and collect any applicable fees from you at the same time as the Accommodation Fees are collected from you by the Host or Third Party Platform. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by the Host or a Third Party Platform without further approval or authorization by you.

You acknowledge and agree that we, the Host or the Third Party Platform may pre-authorize your credit or debit card at any time for the fees and costs associated with the Guest Services you have booked or may choose to book during your stay. Guest Services purchased after you have booked your stay will either be added to your account and collected from you when the Accommodation Fees are collected or, if you book Guest Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the Accommodation. You will receive a final invoice for your stay, including all charges incurred with respect to the Guest Services.

You understand that all prices charged to you for items subject to sales or use tax under applicable federal, state and local laws will include a charge for tax remittance and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which an Accommodation is located may charge an occupancy tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the amount paid for the Booking.

If you book any Guest Services more than fourteen days before the start of your stay, you can cancel the Guest Services no questions asked within six (6) hours of booking such services, and we will refund 50% of any charges. If you cancel any Guest Services at least four (4) weeks before your stay, we will refund 80% of any charges. If you cancel within fourteen days before the start of your stay, we will not refund any charges.

You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Third Party Platform against any amounts that may be owed by you.

Third Party Services

As part of our Guest Services we may book or order Guest Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.

Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.

Additional Terms for Guest Services

  1. Equipment Hire. Where you have hired equipment from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to equipment which has been hired by you. Equipment is subject to availability. On hiring equipment for you we may charge, or direct the Host or Third Party Platform to pre-authorize any such credit or debit card for an amount to cover the cost of any damage to the equipment. Except where otherwise noted please leave any items hired by you at the Accommodation when you leave.
  2. Ticketed Events. In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. While we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.
  3. Helpline and General Requests. We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, or equipment during your stay.

Term and Termination

  1. Term. This Agreement is effective from the first date you use the Site.
  2. Termination. This contract is specific and exclusive to members of HostTonight. If your membership in HostTonight is terminated for any reason whatsoever, this Agreement shall be terminated.

Liability

You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.

This Agreement is subject to the limitations of liability set forth in the Terms.

Indemnification

Guest agrees to defend, indemnify and hold harmless HostTonight, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders ("Indemnitees") from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by HostTonight under this Agreement other than those arising because of gross negligence or intentional misconduct by HostTonight or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.

Miscellaneous

  1. Successors and Assigns. This Agreement shall benefit HostTonight, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express written consent of HostTonight, but may be freely transferred, assigned, or delegated by HostTonight.
  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver. If Guest breaches any term of this Agreement and HostTonight decides to take no action or neglects to do so, then HostTonight will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Notice. All notices and other communications under this Agreement shall be provided as set forth in the Terms.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  8. Dispute Resolution. HostTonight and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.