Draft — needs a lawyer's review
DRAFT FOR ATTORNEY REVIEW. This draft has not been approved by a lawyer and is not final. Some terms may not be enforceable in every state. Do not sign it until a licensed attorney in the property's state has reviewed it.
Version draft-2026-10-v1
Cancellation, in plain words
- You can end the agreement any time with 30 days' written notice.
- In the first 12 months, ending early costs the lesser of 2 monthly payments or the payments left in the year, plus payments already earned. Nothing else is charged in advance.
- No early-ending fee if WHITCO breaks the agreement, if you sell the home with 30 days' notice, or if the law stops the rental or our services.
- Either side can end it if a serious problem isn't fixed within 15 days of written notice, or 10 days for an unpaid payment. Fraud, safety risks, illegal operation or a platform suspension can end it right away.
- Your guest bookings stay yours. We finish stays that start before the end date and give you a full handoff packet within 5 business days.
- To not renew, give 30 days' notice before the year ends.
1. Parties, effective date and properties
This Owner Co-Hosting Services Agreement (the "Agreement") is between WHITCO STAYS [full legal entity name, entity type and state of formation], with its notice address at [WHITCO legal address] ("WHITCO"), and [Owner full legal name(s) or entity name], with its notice address at [Owner legal address] ("Owner").
Effective date: [date]. The Agreement covers each property listed in Exhibit A (each a "Property"). Properties may be added or removed only by a written amendment to Exhibit A signed by both parties.
Owner states that Owner owns each Property or is legally allowed to rent it on a short-term basis, and has authority to sign this Agreement.
2. Term and renewal
Initial term: 12 months from the effective date (the "Initial Term").
The Agreement renews for further 12-month terms unless either party gives written notice of nonrenewal at least 30 days before the end of the current term.
At least 45 days before renewal, WHITCO will send Owner the renewal fee calculated under Section 4, with the documents used. If Owner does not accept the renewal fee, Owner may give nonrenewal notice without any early termination fee.
3. Services (remote co-hosting)
WHITCO provides remote co-hosting services for each Property as described in Exhibit A, and only to the extent allowed by applicable law and by the rules of each booking platform. Services may include: (a) guest messaging before, during and after stays; (b) scheduling and coordinating turnovers with cleaners Owner has approved; (c) supply and restock tracking; (d) listing content and calendar oversight; (e) pricing oversight, including recommendations or settings in pricing tools such as PriceLabs when Owner grants access; (f) issue reporting and escalation to Owner; and (g) a monthly owner statement.
WHITCO does not perform maintenance, repairs, construction, inspections, legal or tax advice, or real estate brokerage. WHITCO does not show or lease property, and does not act as a real estate broker or property manager where those activities require a license WHITCO does not hold.
WHITCO works remotely. WHITCO does not promise on-site presence, a specific response time, or round-the-clock availability unless Exhibit A says otherwise in writing.
WHITCO does not guarantee any occupancy, nightly rate, revenue, review score or income.
4. Fees and payment
Onboarding fee: a one-time fee of $499, due at signing. It is charged once under this Agreement and is not refundable once onboarding work has started, except as stated in Section 9.
Annual service fee: for each term, the greater of (a) 15% of the Property's Accommodation Revenue for the trailing 12 months before the term starts, as shown in documents Owner provides (such as platform earnings reports), or (b) $3,600 (the "Annual Floor"). If several Properties are listed, the fee and floor apply to each Property unless Exhibit A says otherwise.
New properties: if a Property has less than 12 months of booking history, the parties will agree in writing on a projected annual Accommodation Revenue, recorded in Exhibit A, and use it in place of the trailing 12 months for the Initial Term.
"Accommodation Revenue" means nightly stay revenue actually earned, less refunds. It excludes cleaning fees, taxes, security or damage deposits, refunds, and other pass-through charges collected for others.
Payment: the annual service fee is paid in 12 equal monthly installments, billed directly by WHITCO to Owner and due within [10] days of each invoice.
Fixed during the term: the installment does not change during a term, even if bookings rise or fall. There are no mid-term adjustments or true-ups. At renewal the fee is recalculated from the documented actual trailing 12 months, with notice under Section 2.
Late payment: an unpaid installment that remains unpaid 10 days after written notice is a payment default under Section 8. [Late fee or interest, if any, to be set by counsel within legal limits.]
5. Guest money, payouts and expenses
Owner is the listing holder (or the account holder of record) on each booking platform. Guests and platforms pay Owner directly. Owner controls guest payouts and the payout bank account.
WHITCO does not collect, hold, hold in trust, or pay out rental proceeds, security deposits, or any other money belonging to Owner or guests.
Owner pays cleaners, vendors, supplies, linens, utilities and other Property expenses directly. WHITCO does not mark up any expense.
Owner is responsible for guest refunds, chargebacks, damage claims, platform fees, and all lodging, occupancy, sales and income taxes, except taxes a platform collects and pays for Owner.
6. Owner responsibilities
Keep insurance that covers short-term rental use of the Property, with liability limits recommended by Owner's insurance advisor, and provide proof on request. [Counsel: consider requiring WHITCO to be named as an additional insured where available.]
Get and keep all permits, registrations, licenses and tax accounts required for short-term rental of the Property, and follow HOA, lease and local rules.
Keep the Property safe, habitable and in good repair, including smoke and carbon-monoxide detectors, fire extinguishers, pool, hot-tub and stair safety, and any items required by law.
Choose, approve and pay all cleaners and vendors. Approve repairs. Respond to escalations within the time set in Exhibit A.
Give WHITCO accurate information and the platform access needed to provide the services, and tell WHITCO promptly about anything that affects guests or legal compliance.
8. Termination
8.1 Owner termination for convenience. Owner may end this Agreement at any time with 30 days' written notice. During the Initial Term, Owner then owes an early termination fee equal to the lesser of (a) two monthly installments or (b) the total unpaid installments remaining in the Initial Term, plus any installments earned and unpaid through the end of the 30-day notice period. No other future fees are accelerated. After the Initial Term, no early termination fee applies.
8.2 Material breach. Either party may end this Agreement if the other materially breaches it and does not cure the breach within 15 days after written notice describing it.
8.3 Nonpayment. WHITCO may end this Agreement if an installment remains unpaid 10 days after written notice of nonpayment.
8.4 Immediate termination. Either party may end this Agreement immediately by written notice if the other party commits fraud; if continuing would create a serious safety risk to guests or others; if the Property is being operated illegally; or if a booking platform suspends or removes the listing or account for reasons tied to the other party.
9. When no early termination fee applies
9.1 WHITCO breach. No early termination fee is owed if Owner ends the Agreement under 8.2 or 8.4 because of WHITCO's breach or conduct. [Counsel: consider a pro-rata refund of any unearned onboarding work.]
9.2 Sale of the Property. No early termination fee is owed for a Property that Owner sells, if Owner gives at least 30 days' written notice. Services continue through the closing date or the end of the notice period, whichever is earlier, and installments are owed through that date only.
9.3 Owner's non-renewal at the end of a term under Section 2.
9.4 Change in law. No early termination fee is owed by either party if a law, regulation, permit decision or HOA rule prohibits short-term rental of the Property or WHITCO's services. Installments are owed only through the date services stop.
10. Effect of ending the Agreement; reservations and handoff
Existing reservations stay with Owner. Ending this Agreement does not cancel any guest reservation. Because Owner is the listing holder, all reservations, guest payments and refunds stay in Owner's account.
Wind-down: during the notice period WHITCO continues services for stays that check in before the termination date. For stays after that date, WHITCO will give Owner (or Owner's new manager) a handoff packet within 5 business days: upcoming reservations and guest messages in progress, cleaner and vendor contacts and schedules, open issues and approvals, supply levels, saved message templates, and the final statement.
Access removal: on the termination date WHITCO stops acting for Owner, and Owner should remove WHITCO's co-host and pricing-tool access. WHITCO will return or delete Owner's door codes, keys and credentials and confirm in writing.
Final amounts: Owner pays installments earned through the termination date and any early termination fee owed under Section 8.1. Prepaid amounts for periods after termination are refunded within 30 days, except the earned onboarding fee.
Owner remains responsible for guest refunds, chargebacks, reservations, vendor payments and taxes before and after termination.
11. Independent contractor
WHITCO is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, agency (except the limited authority in Section 7) or fiduciary relationship. WHITCO is responsible for its own staff, taxes and tools.
12. Indemnities
Owner will defend and indemnify WHITCO against third-party claims to the extent caused by the condition or safety of the Property, Owner's lack of required insurance, permits or taxes, Owner's vendors, or Owner's breach of this Agreement or of law.
WHITCO will defend and indemnify Owner against third-party claims to the extent caused by WHITCO's gross negligence, willful misconduct, fraud, or breach of Section 14 (Confidentiality and data).
The indemnified party must give prompt notice, reasonable cooperation, and let the indemnifying party control the defense, without settling in a way that admits fault for the other party without consent.
13. Limitation of liability
To the extent allowed by law, neither party is liable for indirect, consequential, special or punitive damages, or for lost profits or bookings.
To the extent allowed by law, WHITCO's total liability under this Agreement is limited to the fees Owner paid WHITCO in the 12 months before the claim.
These limits do not apply to fraud, gross negligence, willful misconduct, indemnity obligations, or Owner's payment obligations, or where the law does not allow them.
14. Confidentiality and data protection
Each party will keep the other's non-public information confidential and use it only for this Agreement, except where disclosure is required by law.
WHITCO will use guest and Owner personal information only to provide the services, follow platform privacy rules and applicable privacy laws, limit access to people who need it, use reasonable security, and not sell it.
WHITCO will tell Owner without unreasonable delay if it learns of unauthorized access to Owner or guest data in WHITCO's control.
15. Intellectual property
Owner owns the Property's listing content, photos Owner provides, and reservation data. WHITCO owns its own templates, checklists, methods and software.
Owner gives WHITCO a limited permission to use listing content only to provide the services. WHITCO may not use the Property's name or photos in its marketing without Owner's separate written permission.
16. Access and security
Owner will give WHITCO co-host or delegated access through each platform's official co-host features, not by sharing Owner's login password, where the platform allows it.
WHITCO will keep door codes and credentials secure, share them only with approved cleaners and vendors as needed, and support changing codes between engagements.
17. Governing law and disputes
The parties will first try to resolve any dispute by good-faith discussion for 30 days after written notice.
[Counsel to confirm:] This Agreement is governed by the laws of the State of Texas, and disputes will be heard in the state or federal courts located in [county], Texas, to the extent that choice is enforceable. Where the law of the state where the Property is located requires that state's law or courts to apply, that law and venue apply instead.
18. General terms
Notices: written notices must be sent by email with confirmation of receipt, or by a nationally recognized courier, to the addresses in Section 1 or as updated by notice.
Assignment: neither party may assign this Agreement without the other's written consent, except WHITCO may assign it to a successor of its business with notice to Owner, and Owner may then end the Agreement without an early termination fee within 30 days.
Severability: if any part is found unenforceable, it will be limited to the minimum extent needed and the rest stays in effect.
Force majeure: neither party is liable for delays caused by events beyond its reasonable control, such as natural disasters, utility or internet outages, platform outages, or government orders. Payment obligations for services already provided are not excused.
Entire agreement: this Agreement, including Exhibit A, is the entire agreement and replaces earlier discussions. Changes must be in writing and signed by both parties.
Counterparts and signatures: the parties may sign in counterparts. [Counsel to confirm electronic signature method; this website does not provide a binding e-signature.]
19. Signatures
WHITCO STAYS [legal entity name] — By: ____________________ Name: ____________________ Title: ____________ Date: __________
Owner [legal name] — By: ____________________ Name: ____________________ Title (if entity): ____________ Date: __________
Exhibit A — Property schedule, services and approval thresholds
Property name and address: ____________________ State / county: __________ Permit or registration no. (if required): __________
Platforms and listing links (Owner is listing holder): ____________________
Fee basis: [ ] documented trailing 12 months of Accommodation Revenue: $________ (documents: ________) [ ] agreed projection for a new Property: $________ (basis: ________)
Annual service fee: greater of 15% of the basis or $3,600 = $________ ; monthly installment = $________ ; onboarding fee $499.
Services included (tick): [ ] guest messaging [ ] turnover coordination [ ] supply tracking [ ] listing and calendar oversight [ ] pricing oversight (tool: ________) [ ] monthly statement [ ] other: ________
Services excluded for this Property (including any not permitted by law or platform here): ____________________
Owner-approved cleaners and vendors: ____________________
Approval threshold: WHITCO must get Owner's written approval (text or email is fine) before any single expense over $________ or any repair of any amount. Emergency amount WHITCO may authorize without approval, if any: $________ (default: $0).
Owner response time for escalations: within ______ hours. Owner emergency contact: ____________________
Guest messaging hours / expected response window (no guarantee): ____________________
Exhibit B — Jurisdiction-specific addendum (one per state)
State: __________ County / city: __________ Property: ____________________
WHITCO state review: status ________ ; reviewed by ________ on ________ ; legal source ________. [Completed from WHITCO's internal state compliance record.]
Services WHITCO may provide in this jurisdiction: ____________________
Services excluded in this jurisdiction (for example, any activity requiring a real estate broker or property manager license WHITCO does not hold): ____________________
Owner permit / registration / tax obligations in this jurisdiction: ____________________
Insurance requirements confirmed for this jurisdiction: ____________________
Required state-specific disclosures or terms (if any), added by counsel: ____________________
Changes to governing law, venue, late fees, notice or termination required by this state's law: ____________________
Severability: if any term of the Agreement or this addendum is not allowed in this jurisdiction, it is limited or removed only to the extent required, and the rest stays in effect.
Signatures: WHITCO ____________ Owner ____________ Date ________
Short summary on the service terms page. Questions? Ask us.