This Portfolio Property Listing Agreement ("Agreement") is entered into by and between The Joes, Inc., a Delaware corporation ("The Joes"), and the undersigned professional property management company or its authorized representative ("Host"). This Agreement governs the terms and conditions under which the Host agrees to list one or more professionally managed properties on The Joes marketplace. The Host represents and warrants that it has the authority to enter into this Agreement on behalf of each property owner whose property is included in the Portfolio and to bind such properties to the terms of this Agreement.
The Joes is a curated marketplace for exceptional furnished residences available for stays of thirty (30) nights or longer. The Joes provides marketing, guest acquisition, pricing strategy, booking administration, concierge services, and hospitality support, but does not provide day-to-day property management services. The Host remains solely responsible for the operation, maintenance, management, and guest support associated with each Property included in the Portfolio.
Each Property listed under this Agreement shall also be subject to a separate Pricing Worksheet and Property Addendum, which establish the financial terms, availability, and property-specific requirements applicable to that Property. Together, this Agreement, the applicable Pricing Worksheet, and the Property Addendum constitute the complete agreement governing each Property listed on The Joes marketplace.
1. DEFINITIONS
“Platform” refers to the proprietary digital marketplace operated by The Joes.
“Portfolio” means the collection of residential real estate managed by Host and elected for listing under this Agreement.
“Property” means the residential real estate submitted by Host for listing.
“Guest” refers to the individual(s) booking and occupying the Property via The Joes.
“Midterm Rental” means a rental listing between Host and Guest for at least thirty (30) consecutive days and a maximum of three hundred sixty (360) consecutive days.
“Rental” means a fully executed contract between Host and Guest that complies with the laws of the state where the rental occurs.
"Published Monthly Rent" means the monthly rental price approved by the Host and displayed to prospective Guests on The Joes marketplace, exclusive of any applicable taxes or government-imposed fees.
"Host Monthly Proceeds" means the portion of the Published Monthly Rent payable to the Host, as set forth in the applicable Pricing Worksheet after deduction of The Joes' Marketplace Fee.
"Marketplace Fee" means the fee retained by The Joes for providing marketplace services, including marketing and guest acquisition, proprietary pricing technology, travel advisor
2. SCOPE OF AGREEMENT
Host appoints The Joes to list, market, and facilitate the rental of the Properties within its Portfolio on its Platform for extended-stay bookings (30+ nights). The host may notify The Joes from time to time which Properties are to be included or removed. Each elected Property shall be subject to this Agreement without the need for a separate listing agreement.
Each Property made available through the Platform shall also require a Property Addendum and Pricing Worksheet executed by Host and The Joes, which sets forth the pricing, availability certification, and other property-specific terms. The Portfolio Agreement governs the relationship between The Joes and Host across all properties, while each Property Addendum and Pricing Worksheet governs the particulars of an individual Property.
The Joes will manage booking administration, guest communications, and payment processing, subject to this Agreement. Host agrees not to simultaneously list the Property on short-term rental platforms without prior written notice to The Joes. All inventory must be accurate and available for booking.
The Joes encourages Hosts to enable instant booking. Where instant booking is not available, hosts must respond to booking requests within twenty-four (24) hours. Failure may result in reduced visibility or removal.
3. TERM AND TERMINATION
Agreement remains in effect until terminated by either party with thirty (30) days’ written notice. Termination applies to the entire Agreement; however, Hosts may add or remove individual Properties without terminating the Agreement.
The Joes may terminate immediately for material breach or misrepresentation. Future confirmed Guest reservations must be honored unless otherwise agreed. All fees for bookings secured prior to termination remain payable.
4. PROPERTY ELIGIBILITY & HOST OBLIGATIONS
Host shall ensure that each Property meets The Joes’ standards of quality and compliance. Host further certifies through each Property Addendum that the Property will be made available for rental at least four (4) months each calendar year.
Detailed property information, house rules, and amenity descriptions will be collected through the intake form provided by The Joes. In addition, Host agrees to cooperate with The Joes in providing supplemental visual or digital documentation of the Property (such as photos, video walkthroughs, or other media) as reasonably requested. This information will be used to enhance property representation, guest experience, and internal system functionality.
Host manages check-in/out and all on-site property issues.
As a professionally managed property, the Host is responsible for the day-to-day operation and management of each Property, including guest communications related to the Property during occupancy, check-in and check-out coordination, housekeeping and turnover services, maintenance and repairs, emergency response, utility management, compliance with all applicable laws and licensing requirements, and maintaining the Property in a condition consistent with The Joes' quality standards. The Host remains the primary operational contact for all property-related matters throughout each Guest's stay.
Photography must meet standards; The Joes may coordinate reshoots at cost.
Photography & Media Use: Host grants The Joes a license to use any photography, video, floor plans, or other media provided by Host, available on Host’s website, or otherwise publicly available. Host warrants rights and indemnifies The Joes from claims.
Listing & The Joes Review Approval: Each Property listing, including its photography, pricing, amenities, and descriptive content, is subject to final review and approval by the Host prior to publication. The Joes will also prepare a Joes Review as part of its editorial and quality standards. The draft listing and Joe's Review will be provided to the Host for review and approval. If the Host does not provide written feedback, corrections, or approval within three (3) business days of receipt, such nonresponse shall be deemed approval, and The Joes may proceed with publication.
Rates shall be reviewed collaboratively, and listings remain subject to editorial review. The host agrees to comply with all applicable laws.
5. BOOKINGS, GUESTS & STAY POLICIES
Minimum 30 nights.
Stays may begin any date (1st/15th encouraged).
Guest background checks required by The Joes.
Host reviews guests; guests review Hosts.
The Joes will provide Host with the full names and primary contact information (email and/or phone number) of primary registered guests prior to check-in. The Host agrees to use this information solely for property management and safety purposes and to maintain the confidentiality of guest data in accordance with applicable privacy laws.
Non-solicitation: Hosts cannot solicit direct bookings from The Joes guests for six (6) months.
Hosts must disclose house rules through the intake form and/or Property Addendum. The Joes may request modifications to any rules that appear inconsistent with the spirit or standards of the Platform. In such cases, The Joes will work collaboratively with the Host to reach mutually agreeable terms that respect both guest experience and property integrity.
6. FEES & PAYOUTS
The financial terms applicable to each Property, including the Published Monthly Rent, Host Monthly Proceeds, Marketplace Fee, utility allowance, housekeeping schedule, pet policy, and any other property-specific charges, are set forth in the applicable Pricing Worksheet, which is incorporated into this Agreement by reference.
The Joes retains a Marketplace Fee equal to fifteen percent (15%) of the Published Monthly Rent. The Marketplace Fee covers the full range of marketplace services required to successfully market, book, and support each stay, including marketing and guest acquisition, proprietary pricing technology, guest vetting and identity verification, booking administration, concierge services, customer support, payment processing, damage protection administration, and the ongoing operation and enhancement of The Joes marketplace.
Because Properties listed under this Agreement are professionally managed, the Host remains responsible for all property management services as described in Section 4, including property operations, guest support related to the Property, maintenance, housekeeping coordination, check-in and check-out, and ongoing property care.
For reservations generated through qualified travel advisors or other approved commissionable referral sources, The Joes and the Host shall each be responsible for one-half (50%) of the applicable commission, up to a maximum total commission of ten percent (10%) of the Published Monthly Rent. Accordingly, The Joes' share shall not exceed five percent (5%), and the Host's share shall not exceed five percent (5%), unless otherwise agreed in writing.
The Joes may periodically recommend adjustments to the Published Monthly Rent based on seasonality, market demand, comparable properties, and booking trends. Any changes to pricing shall be made in accordance with the pricing parameters approved by the Host.
Host Monthly Proceeds shall be paid by ACH transfer in accordance with the payment schedule set forth in Section 9.
7. TAXES
Hosts are solely responsible for income and property taxes.
8. INSURANCE, DEPOSIT & UTILITY OVERAGES
Insurance:
The Joes’ Damage Protection: The Joes provides supplemental damage protection coverage of up to $20,000 per booking, regardless of the Base Rent amount. This policy is comprehensive and designed to cover all reasonable damage that may occur during a guest’s stay, as defined and approved by The Joes’ third-party insurance provider. Coverage applies only to qualified damage under the terms of that policy. Any damage, loss, or expense not covered by the third-party insurer shall remain the sole responsibility of the Host.
Host Insurance Responsibilities: Hosts are strongly encouraged to maintain homeowners or rental insurance with a deductible not exceeding $20,000 to ensure there is no lapse in coverage between The Joes’ damage protection and the Host’s primary policy. Host verifies/agrees home owners to carry property and liability insurance in an amount Owner deems appropriate. It is strongly recommended that the owner carry a minimum of $1,000,000 in commercial general liability coverage. Host carries sufficient insurance.
Insurance Requirements: Host shall carry and maintain property and liability insurance in amounts customary for residential rentals. Whenever reasonably possible, Host will name The Joes as an additional insured under such policies and provide evidence of coverage upon request. Regardless of whether The Joes is named, Host waives, and shall cause its insurers to waive, all claims against The Joes for losses or damages covered by insurance.
Deposits:
Guest Deposit: $2,000 or 10% of monthly rent (whichever is greater).
The Joes may collect an additional deposit for guests bringing pets, as specified by the Host in the Pricing Worksheet. Deposits cover cleaning, pet damage, and utilities.
Deposit Handling: All deposits collected by The Joes, including any pet or additional deposits, shall be held by The Joes in a custodial account until the completion of the guest’s stay. Deposit funds will only be disbursed to the Host in the event of a qualified claim, as determined in accordance with The Joes’ policies and supporting documentation. If no qualified claim is submitted or approved, deposits will be fully refunded to the guest within the standard refund period following checkout. The Joes shall have sole discretion in determining whether a claim qualifies for reimbursement under these terms.
Host must document deductions within seven (7) days. California law compliance required (before/after Fos, 21-day return).
9. PAYMENT TERMS & CANCELLATIONS
Guest Payment Terms:
15% due at the time of booking and shall be 50% non-refundable if the reservation is canceled more than 90 days prior to arrival.
35% due 90 days prior to check-in and shall be non-refundable once paid.
50% balance is due 30 days prior to arrival and shall also be non-refundable once paid.
Host Payment Terms:
The Joes shall collect all guest payments in accordance with the Guest Payment terms above and will remit Host payouts in advance of each corresponding month of occupancy as stated below, provided that guest funds for that period have been received in full. All payouts shall be made via ACH transfer to the Host’s designated account.
For stays shorter than forty-five (45) days, The Joes will remit the full Host payout no later than five (5) business days after guest arrival.
For stays exceeding forty-five (45) days, Host will receive monthly payouts no later than five (5) business days after the start of each rental month (e.g., payment for February occupancy is issued by February 5).
Casualty:
If the Property is damaged by fire, flood, or other casualty such that it cannot reasonably be occupied, The Joes may cancel reservations without penalty. Host remains solely responsible for repairs and remediation.
Any non-refundable amounts retained under The Joes’ cancellation policy will be distributed between the Host and The Joes in accordance with their standard commission structure, with The Joes retaining its Marketplace Fee as provided in the applicable Pricing Worksheet.
10. MODIFICATIONS
The Joes may update with 30 days’ notice.
Termination for Breach: In addition to termination upon thirty (30) days’ notice, The Joes may terminate this Agreement immediately if Host fails to honor confirmed bookings, misrepresents the Property, violates law, or otherwise materially harms the reputation or operations of the Platform.
11. CONFIDENTIALITY
Host agrees to confidentiality.
Guest Information & Non-Solicitation: The Joes’ member and Guest information is confidential. Only limited contact info is provided. Hosts cannot use info to solicit or market outside the Platform.
12. PLATFORM ROLE & INDEMNIFICATION
Marketplace Role:
The Joes operates solely as an online marketplace that connects Hosts offering properties with Guests seeking accommodations. The Joes does not own, operate, manage, or control the Properties listed on the platform, nor does it act as a real estate broker, agent, insurer, or property manager for any party. Hosts remain fully responsible for the condition, safety, maintenance, and lawful operation of their Properties.
Indemnification & Limitation of Liability:
Each party (“Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other party, its affiliates, officers, employees, and agents (“Indemnified Party”) from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) the Indemnifying Party’s negligence, willful misconduct, or breach of this Agreement; (ii) any violation of applicable laws or third-party rights; or (iii) for Host, matters relating to the condition, use, or rental of the Property, and for The Joes, matters relating to its marketing, representation, or guest vetting practices.
Neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits or revenues, whether incurred directly or indirectly, arising from or related to this Agreement or the use of The Joes platform.
13–15. GOVERNING LAW / ENTIRE AGREEMENT / COUNTERPARTS
Governed by Delaware law.
Entire agreement; no oral modifications.
May be executed electronically.
SIGNATURES
THE JOES, INC.
