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At some point I will find an attorney experienced in this kind of thing, though I do think that there will always be caveats. I think (without knowing) that the attorney is going to say that without a signed agreement there’s a ‘?’ on enforceability. I at least expect that it will be a bone of contention in any lawsuit.
I think there will be other issues in a contract written entirely by one party. So, eventually I need to find a good lawyer who knows this kind of stuff and can charge me reasonably because I’m not its first Airbnb Host client.
You have zero reasons to believe that your verbose all-caps house rules will provide anything whatsoever in a lawsuit, other than a lawsuit brought by Airbnb for illegally pinching it from their website (a mere 3 paragraphs away from the website saying you can’t pinch stuff from the website, ). Besides, it was written for an international corporation based in San Francisco, CA and you have an owner-occupied duplex in Woostah, MA. What are the chances it applies (none, in case you don’t know, but I bet you do).
Actually, I don’t know that. Why would/might it work for a multinational corporation based in CA but not for a proprietor in MA. That’s discrimination!
Seriously, though, I don’t know the principle by which it would be applicable to them and not you or me. Praytell, what is that principle?
EDIT: Actually, now that I think about it [I think I was just wow’ed when I read this provision of ‘you agree not to sue’ and I thought:‘What a great idea!’ ] But that might work for Airbnb not because they’re a big, multinational firm HQ’ed in CA but because their argument is that they are not providing the experience. SO, much better would be a small edit to say that the guest agrees not to sue for more than the dollar amount of the reservation. END OF EDIT
In case you’re right (which of course, you usually are), another fallback from a firm I used to work at (though they were a big company too) is that the damages were always limited by the contract amount. So if a client paid us $10,000 in fees the most they could recover, per the agreement, was $10,000. By the way, I don’t recall that ever being tested in litigation.
I’d easily be OK with that kind of agreement, unless you tell me that that only works for big companies, in which case I’m writing Bernie immediately.
). Besides, it was written for an international corporation based in San Francisco, CA and you have an owner-occupied duplex in Woostah, MA. What are the chances it applies (none, in case you don’t know, but I bet you do).