Host & Property Owner Terms | The Estate Reserve

1. Overview

These Host & Property Owner Terms ("Host Terms") govern the relationship between property owners, managers, and service providers ("Hosts") and TER PR LLC d/b/a The Estate Reserve ("TER," "we," "us," or "our"). By listing a property or offering services through our platform, you agree to be bound by these Host Terms, in addition to our Terms of Service, Privacy Policy, and all other applicable policies.

2. Independent Contractor Relationship

Hosts are independent contractors and are not employees, agents, joint venturers, or partners of TER. Nothing in these Host Terms creates an employment relationship, partnership, or agency relationship. Hosts are solely responsible for their own tax obligations, insurance, licensing, and compliance with all applicable laws.

3. Listing Standards & Accuracy

Hosts must ensure that all listing information is accurate, complete, and current. Listings must include:

Accurate property descriptions, including number of bedrooms, bathrooms, and maximum occupancy.
Current and representative photographs of the property.
Complete and accurate amenity lists (pool, WiFi, parking, etc.).
Accurate pricing, including any additional fees (cleaning, resort fees, etc.).
Disclosure of any known issues, restrictions, or conditions that may affect a guest's stay (e.g., construction, shared spaces, noise from nearby venues).

4. Insurance Requirements

Hosts must maintain the following insurance coverage at all times while listed on the TER platform:

General liability insurance with minimum coverage of $1,000,000 per occurrence.
Property insurance covering the full replacement value of the property and its contents.
If the property has a pool, spa, or water feature: umbrella liability coverage of at least $2,000,000.
Workers' compensation insurance if applicable under state or local law.
TER PR LLC must be named as an additional insured on all applicable policies.
Proof of insurance must be provided upon listing and renewed annually.
For Hosts offering water-based experiences or providing vessel access, marine insurance with minimum coverage of $1,000,000 per occurrence is required, with TER PR LLC named as additional insured.
For Hosts providing vehicles (including golf carts) to guests, commercial auto liability insurance with minimum coverage of $500,000 per occurrence is required.

5. Licensing & Tax Compliance

Hosts are solely responsible for obtaining and maintaining all required licenses, permits, and tax registrations, including but not limited to:

Short-term rental licenses or permits required by the municipality, county, or state.
Business licenses or tax registrations required by the jurisdiction where the property is located.
Occupancy tax registration and remittance (where not handled by TER).
Compliance with HOA, condo association, or community rules regarding short-term rentals.
Compliance with Puerto Rico Tourism Company (PRTC) registration requirements for properties in Puerto Rico.
Compliance with all applicable fire safety, building code, and health department regulations.

6. Commission & Payment Terms

TER charges a commission on each completed booking. Commission terms are as follows:

The commission rate is specified in the Host's individual listing agreement with TER.
Commission is calculated on the total booking amount (nightly rate + cleaning fee), excluding taxes.
Host payouts are processed within 5 business days of guest check-in, minus the TER commission and any applicable fees.
Hosts are responsible for their own income tax obligations on amounts earned through the platform.

7. Cancellation Penalties

Host-initiated cancellations disrupt guest travel plans and damage the TER brand. The following penalties apply:

Cancellation within 30 days of check-in: forfeiture of commission on the next completed booking.
Two or more host-initiated cancellations within 12 months: listing may be demoted or removed.
Repeated cancellations may result in permanent removal from the platform.
Cancellations caused by Major Disruptive Events (as defined in the Cancellation Policy) are exempt from penalties, provided the Host notifies TER immediately and provides supporting documentation.
If a Host cancels a confirmed booking, TER will provide the guest with a full refund and may offer the guest a rebooking credit, the cost of which may be charged to the Host.

8. Property Safety & Security Standards

Hosts must ensure that all listed properties meet the following minimum safety and security standards:

Working smoke detectors on every level and in or near every sleeping area.
Working carbon monoxide detectors if the property has gas appliances, a fireplace, or an attached garage.
A fire extinguisher accessible on each level of the property.
Clear and unobstructed emergency exits.
Pool and spa areas must comply with local safety codes, including fencing, covers, or alarms as required.
Stairways, balconies, and elevated areas must have secure railings meeting local building codes.
First aid kit available and accessible to guests.
Emergency contact information posted in a visible location within the property.
No undisclosed surveillance devices in private areas (bedrooms, bathrooms, enclosed private outdoor spaces). Any exterior security cameras must be disclosed in the listing.

9. Nondiscrimination

Hosts must comply with TER's Nondiscrimination Policy and all applicable fair housing laws. Hosts may not decline, cancel, or impose different terms on a booking based on any protected characteristic, including race, color, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age, or any other characteristic protected by applicable law.

10. Host Indemnification

Hosts agree to indemnify, defend, and hold harmless TER PR LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Host's property, its condition, or any defect therein; (b) any injury, death, or property damage occurring at or in connection with the property; (c) the Host's breach of these Host Terms, the Terms of Service, or any applicable law; (d) the Host's failure to maintain required insurance, licenses, or permits; (e) any tax liability, penalty, or interest arising from the Host's failure to comply with tax obligations; or (f) any claim by a guest or third party arising from the Host's acts or omissions.

11. Intellectual Property & Listing Content

By submitting listing content (photographs, descriptions, floor plans, virtual tours, videos, etc.) to the TER platform, Hosts grant TER a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of marketing, promoting, and operating the TER platform. Hosts represent and warrant that they own or have obtained all necessary rights and permissions to the content they submit, and that such content does not infringe the intellectual property rights of any third party.

12. Property Photo, Video & Media Rights

In addition to the license granted in Section 11, Hosts specifically consent to: (a) professional photography, videography, and drone/aerial footage of the property conducted by TER or its authorized agents; (b) creation and publication of 360-degree virtual tours (including Kuula or similar platforms) of the property; (c) use of property images in TER's social media, advertising, email marketing, partner platforms, and printed materials; (d) modification, cropping, color correction, and digital enhancement of property images for marketing purposes. Hosts represent that they have the legal right to authorize filming and photography of the property, including any required approvals from homeowners' associations, resort management, or local authorities. TER will provide Hosts with copies of professional media upon request. Property media created by TER remains TER's intellectual property; Hosts may use such media for personal purposes but may not license it to competing platforms without TER's written consent.

13. Experience Host & Service Provider Terms

Hosts and third-party service providers who offer Experience Services (including but not limited to private chef services, wellness treatments, event coordination, guided tours, water sports instruction, and transportation services) through the TER platform agree to the following additional terms: (a) maintain all professional licenses, certifications, and permits required by applicable law; (b) carry professional liability/errors and omissions insurance with minimum coverage of $1,000,000; (c) provide proof of food handler certifications (for culinary providers), massage therapy licenses (for wellness providers), USCG certifications (for marine operators), or other applicable professional credentials; (d) comply with TER's safety standards and quality guidelines; (e) submit to periodic quality audits and guest satisfaction reviews; (f) respond to booking requests within 24 hours; (g) disclose any subcontractors or assistants who will participate in service delivery; (h) maintain appropriate insurance for all equipment used in service delivery. Service Providers who fail to maintain required credentials or who receive consistently poor guest reviews (below 3.5 out of 5.0 average over 10 bookings) may be suspended or removed from the platform.

14. Termination

Either party may terminate the Host relationship at any time with 30 days' written notice. TER may immediately suspend or terminate a Host's listing without notice for: material breach of these Host Terms, safety violations, fraud, illegal activity, repeated guest complaints, failure to maintain required insurance, or any conduct that TER determines, in its sole discretion, is harmful to the platform, its guests, or its reputation. Upon termination, the Host must honor all existing confirmed bookings through their completion dates, and all outstanding commissions, fees, and obligations shall survive termination.

15. Dispute Resolution

Disputes between Hosts and TER shall be resolved in accordance with the dispute resolution provisions set forth in the Terms of Service, including the binding arbitration and class action waiver provisions. Disputes between Hosts and Guests will be mediated by TER in the first instance; if mediation fails, the dispute shall be resolved through the dispute resolution process in the Terms of Service. TER's determination in Host-Guest disputes regarding damage claims, refund eligibility, and policy compliance shall be final and binding on both parties, subject to the arbitration provisions in the Terms of Service.

16. International Host Provisions

For Hosts listing properties or providing services outside of the United States and Puerto Rico, the following additional provisions apply:

Local Licensing: Hosts must comply with all local, regional, and national licensing and registration requirements for short-term vacation rentals, tourism accommodations, or hospitality services in their jurisdiction, including but not limited to tourist tax registration, municipal permits, and national tourism authority compliance.
Tax Obligations: Hosts are solely responsible for understanding and complying with all tax obligations in their jurisdiction, including value-added tax (VAT), goods and services tax (GST), tourism levies, withholding taxes, and income tax reporting. TER may collect and remit local occupancy taxes where legally required and technically feasible, but Hosts remain ultimately responsible for their own tax compliance.
Data Protection: Hosts who receive Guest personal information in connection with a booking must process such information in compliance with all applicable data protection laws in their jurisdiction, including the GDPR (EU/UK), LGPD (Brazil), PDPA (Singapore/Thailand), POPIA (South Africa), and other applicable data protection legislation. Hosts may not use Guest personal information for any purpose other than fulfilling the booking and must delete Guest personal information within 30 days of checkout unless retention is required by law.
Insurance: Hosts must maintain insurance coverage that meets or exceeds the requirements set forth in Section 4, adjusted as necessary to comply with local insurance regulations and denominated in the local currency equivalent.
Consumer Protection: Hosts must comply with all mandatory consumer protection laws in their jurisdiction. Nothing in these Host Terms supersedes mandatory local consumer protection requirements.
Currency & Payments: For properties listed in currencies other than USD, TER will specify the applicable currency in the listing agreement. Commission payments and payouts will be processed in the currency specified in the Host's listing agreement or in USD, as agreed between the parties.
Anti-Money Laundering: Hosts in jurisdictions with AML/KYC requirements must cooperate with TER's compliance procedures, including providing identification documents, beneficial ownership information, and source of funds documentation when requested.

17. Governing Law

These Host Terms are governed by the laws of the State of Florida, United States. For properties located in Puerto Rico, the laws of the Commonwealth of Puerto Rico shall additionally apply to the extent required. For properties located outside of the United States, these Host Terms shall be interpreted in accordance with Florida law, except where mandatory provisions of local law in the Host's jurisdiction cannot be waived or overridden by contract, in which case such mandatory local provisions shall apply to the extent required. Any disputes shall be resolved in accordance with the dispute resolution provisions in our Terms of Service.

18. Contact

For Host inquiries, contact our partnerships team at hosts@theestatereserve.com. For legal inquiries, contact legal@theestatereserve.com.