Promotion Agreement
By completing the Host account registration process and creating a Host account on the Site (as defined below), the United States Golf Association ("USGA") and the property owner and their representatives ("Host") hereby enter into this Promotion Agreement ("Agreement").
USGA provides Host with the USGA Championship Housing Reservation Portal located at https://champhousing.usga.org/ (the "Site") to market their homes (each a "Property") to renters ("Guests") for use by them and their invited guests for periods of occupancy, and for Guests to reserve a Property, provided however, Guests cannot book a Property and Hosts and Guests cannot complete a rental transaction on the Site (each a "Reservation"). By entering into this Agreement, Host represents and warrants that they are either the owner or, authorized to transact business on behalf of, the Property as stipulated in this Agreement. For the purpose of providing services, Host acknowledges that USGA makes no guarantees (written or verbal) with respect to occupancy or rental income for any Property with respect to this Agreement.
1. USGA Marketing & Reservation Services; Host Responsibilities
USGA will provide marketing and reservation services to Host whereby the Property will be displayed and made publicly availability for Reservation on the Site and Guests will have the ability to make a Reservation of such Property. No other services are provided to Host or Guests. Host acknowledges and agrees that they are responsible for coordinating and providing any other services related to the permitting, booking, renting, and property management of the Property, including, but not limited to, photography of the Property, completing the rental transaction, payment processing of any rental fees or related transactional fees, such as taxes, permit fees, credit card processing fees, permitting, guest communications, check-in, provision of household supplies, cleaning, post-rent inspections, or other property-related services. Without limiting the foregoing, Host acknowledges and agrees they are responsible for (i) obtaining any require rental permits in order to rent the Property for the occupancy period and providing a copy of such rental permit to USGA, (ii) completing the rental transaction by contacting the Guest and executing a Booking Agreement, and processing the rental transaction fees, including any applicable taxes or other government fees, and (iii) collecting and remitting any state or local taxes or other government fees for the rental of the Property.
2. No Property Management Services or Other Services
USGA disclaims any obligation to manage the Property or monitor the performance of any property management services of a third party and shall not be deemed an intended third party beneficiary to any agreement executed in connection therewith.
3. Access to Property
USGA, its affiliates, and/or approved third-party service providers, shall have access to the Property during reasonable hours as may be necessary for the inspections, and any maintenance or making of repairs (if any such maintenance or repair services are provided by USGA in its sole discretion). USGA will conduct an initial site inspection of the Property during reasonable hours, such date and time to be mutually agreed upon by USGA and Host.
4. Accurate Availability, Pricing, Photography
Host represents and warrants that the information they include in their Host account, including any and all information included in any property listing of a Property, including home and property details, occupancy, availability, pricing, additional fees and photography. USGA requires you to confirm your Property's availability. If any of the Property information is deemed inaccurate, including availability and pricing, that will be deemed a beach of this Agreement and USGA reserves the right to cancel a Reservation without a right of a refund to Host and/or remove the Property from the Site, in its sole discretion.
5. Termination
Either party may terminate this agreement at any time, provided that both parties' obligations with respect to Reservations existing at the time of such termination shall survive that termination.
6. The Reservation Process
Interested Guests will browse your property listing, and the Property rental pricing quote will be displayed based on your previously approved availability and pricing (excluding applicable taxes and fees). If the Guest elects to move forward with the Reservation, the Guest will submit a Reservation through the Property through the Site. At this point, the Guest expects their Reservation to be confirmed. This is a firm commitment from the Guest with confirmed dates.
Thereafter, Host will receive the Guest's Reservation, including the Guest's contact information. Host are required to contact the Guest in order to complete the transaction. This will include signing and executing a Booking Agreement and processing and collecting the rental payment and any applicable taxes and fees.
7. Booking Agreement
USGA provides the Host with a template Booking Agreement for each Reservation, which is the contract separately entered into by the Host and Guest. USGA is not a party to the Booking Agreement except to the extent stated explicitly in that agreement. Host is required to sign and ensure that he Booking Agreement is properly executed.
8. Cancellation
a. Guest Cancellation of Booking
In the event a Guest cancels their Reservation, Host must refund the Guest in accordance with the Cancellation Policy. In the event the Guest payments are non-refundable, USGA reserves the right to immediately re-open the dates of available occupancy. If USGA is able to obtain another Reservation of the Property for an amount of equal or higher value than the amount the Guest was booked for, Host shall refund the Guest subject to the 20% cancellation fee as set forth in the Cancellation Policy.
b. Host Cancellation of Booking
If Host cancels a Reservation or displaces a Guest for any reason, Host shall be liable for returning that Guest's paid amounts as a result of such cancellation, subject to the terms of the Cancellation Policy. Host shall return such fees within 30 days to Guest.
c. USGA Cancellation of Booking
USGA may cancel a Reservation at its sole discretion if it deems the Property unfit or diminished below its custom standards. If USGA chooses to cancel a Reservation, Host shall promptly return to Guest any funds already paid out in connection with the Reservation. Host shall return such fees within 30 days to Guest.
9. Utility Fees
Unless otherwise agreed to between Guest and Host in the Booking Agreement, fees for utilities shall be included in the total rental amount and collected at the time rental payment is processed by Host. To the extent fees for utilities are included in the rental price, they shall be based on the nightly utilities rate for the Property. To the extent applicable to the Property, the term "utilities" refers to pool and hot tub maintenance, heating oil, propane, natural gas, electricity, cable/satellite TV, internet service, trash removal, landscaping maintenance, and water. Any disputes regarding cost of utilities shall be resolved exclusively between the Guest and Host. Both Guest and Host waive all rights to pursue any action against USGA in connection with such disputes.
10. Insurance
Host must have, or procure prior to any Reservation, homeowners insurance that specifically covers Property rentals and short-term occupancies, on an occurrence (and not a claims-made) basis. Because some policies may specifically exclude renting from coverage, Host should confirm that their policy covers them, Guests, and their Property for the purposes of this Agreement. Host must add USGA as an additional insured party to its homeowner's insurance policy.
11. Taxes
USGA merely makes available the Site for Host and Guests to find one another and, if they wish, arrange for accommodations. No transactions are conducted within the Site for a Reservation and all transactions, including payment and tax collections and remittance, are conducted separate from the Site. USGA does not collect or remit any required state or local taxes. Host is solely responsible for determining and fulfilling Host's tax collection, remittance and reporting obligations under any state or local laws, rules or regulations, including but not limited to sales, income, rental, real estate, personal property, occupancy, and other applicable taxes related to the Property or proceeds from Property Reservations. USGA cannot and does not offer tax advice to a Host or to Guests.
12. Host Representations and Warranties
Host represents, warrants and covenants that:
- Host has the authority to enter into this Agreement with respect to the subject Property;
- Host has reviewed the Property's listing and confirmed that all information about the Property (description, amenities, location, etc.) is materially accurate and holds USGA harmless for any claims regarding the inaccuracy of the Property listing;
- the Property is and will be kept safe for human occupancy, at all times;
- Host has disclosed the location of all security cameras on the Property;
- Host has reviewed a copy of the form of Booking Agreement, has accepted or will be accepting its terms and agrees to bound by such terms with respect to any completed and confirmed Reservation for the Property;
- Host will maintain USGA's and any Guest's personal information and confidential information with the same degree of care that Host handles their own but in no event less than a commercially reasonable degree of care;
- Host will use the Site only for its intended purposes and will not take any action that does or may, directly or indirectly, compromise any component of the Platform;
- the Property is and will at all times during any Reservation remain free from dangerous objects (for example, weapons, explosives, etc.), illegal substances and all medications will be stored separately in a locked, secure location away from Guests;
- Host will abide by (and as necessary, investigate) all local, municipal, State and federal laws, rules, ordinances, and regulations with regard to Host's use of the Site or USGA's services as well as the renting of the Property or use and occupancy of the Property by Guest;
- Host shall provide and maintain the Property as a quality rental accommodation according to the standards set by USGA; and
- Host is to provide phone service with a local provider in the area, high speed internet service, cable TV, satellite TV or streaming services such as Netflix, smoke detectors, carbon monoxide detectors, and 51b ABC Fire Extinguishers.
13. Compliance with Laws
Host will abide by (and as necessary, investigate) all local, municipal, state and federal laws, rules, ordinances, and regulations with regard to their use of the Site and the rental of the Property to a third party. USGA, although not liable for legal or regulatory compliance pertaining to Properties listed on the Platform, may from time to time be obligated (as we may determine in our sole discretion) to provide information relating to the Property or any current or past Reservation in order to comply with governmental investigations, litigation or administrative proceedings, and USGA may, in its sole discretion, comply or disregard such obligation.
14. Indemnity
Host agrees to defend, indemnify and hold harmless USGA, its affiliates, its affiliates, members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the "Indemnitees") to the fullest extent permitted by law from and against any and all losses, claims, demands, actions, suits or proceedings, costs, damages, liabilities, joint and several, expenses of any nature (including attorneys' fees and disbursements), judgments, fines, settlements and other amounts of any nature whatsoever, known or unknown, liquid or illiquid (collectively, "Liabilities") arising from or relating to any (i) a Reservation of the Property, (ii) use or occupancy of the Property by Guests, any of their invited guests or others invited to the Property, (iii) actual or alleged breach of any of Host's obligations, conditions, representations or warranties under this Agreement, (iii) any property damage or personal injury resulting from the use or occupancy of the Property, (iv) actual or alleged violation of any federal, state or local laws, rules or regulations relating to the Property or the rental of the Property, and (iv) any fraud, negligence, gross negligence or willful misconduct by Host or any of its contractors, agents or representatives. In the event of such indemnification, USGA may elect its own counsel, at USGA's expense, and Host can participate in the defense at Host's additional expense. No Liabilities may be settled by Host without prior written approval by USGA.
15. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL (i) USGA OR (ii) ANY OF ITS AFFILIATED ENTITIES, OR EITHER OF THEIR SHAREHOLDERS, MEMBERS, CONTRACTORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES OR REPRESENTATIVES (COLLECTIVELY THE "USGA AFFILIATES"), BE LIABLE FOR ANY DELAYS, ACCIDENTS, DAMAGES, INJURIES OR LOSSES SUFFERED BY OR WITH RESPECT TO HOST, THE GUEST (OR GUEST'S INVITEES). USGA IS NOT RESPONSIBLE OR LIABLE FOR MANAGING OR MAINTAINING THE PROPERTY (OTHER THAN AS AGREED TO IN WRITING) OR FOR THE ACTIONS, INACTIONS OR FAULTS OF HOST OR ANY THIRD PARTY INVOLVED IN THE BOOKING OR MANAGEMENT OF HOST'S PROPERTY. NEITHER USGA NOR ITS AFFILIATES SHALL BE LIABLE TO THE HOST FOR ANY SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES (INCLUDING LOSS OF DATA, REVENUE, AND/OR PROFITS) COSTS OR EXPENSES (INCLUDING LEGAL FEES AND EXPENSES), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THIS AGREEMENT REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES OR OTHERWISE, AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. USGA'S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE $1,000.
16. Force Majeure
Host is permitted to cancel a Reservation without penalty, upon reasonable advance written notice to USGA, if an act beyond Host's reasonable control (for example, fire, flood, hurricane, pandemic, government regulation, etc.) would prevent a Guest from reasonable use of the Property during the Reservation. Host agrees to return to Guest a pro-rated portion of any fees received for a Reservation cancelled for these reasons.
17. Miscellaneous
- This Agreement may be amended from time to time by USGA, with or without notice, provided that any such amended Agreement is posted and made available on the Site and USGA notifies Host of any material changes.
- This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict or conflict of law principles. Any suit or other action arising out of, or in connection with, this Agreement may be brought only in the New Jersey state courts sitting in Somerset, New Jersey or in the United States District Court for New Jersey and each of the Parties hereby irrevocably consents to the jurisdiction of, and venue in, such courts.
- Together with each Booking Agreement that Host executes, this Agreement constitutes the entire agreement between Host and USGA relating to the provision of USGA marketing and reservations services as set forth herein, and replaces any other agreements existing prior hereto whether made orally, in writing, or otherwise.
USGA Championship Event Housing Portal