Terms and Conditions (Annual & Monthly Agreement)
Definitions: As set forth in this Agreement Guest Trends Inc., is synonymous with the website “www.guesttrends.com” for the purpose of this agreement. Client shall be understood as the Hotel/Motel Owner, Manager or other authorized party in acceptance of this agreement. By making this agreement with Guest Trends Inc., the Client hereby agrees to the following Terms and Conditions, which are included and made a part of the Agreement and is fully set forth therein. The Terms and Conditions, Marketing Release as well as payment terms; set either online or by a payment authorization form, shall be referred to herein collectively as the “Agreement”. Guest Trends Inc. makes no warranties, express or implied, other than those presented in this Agreement.
As used in this Agreement, the term and website “www.guesttrends.com” shall refer to the web site designed by Guest Trends Inc., as well as any links to third party web pages included thereon. Client is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, (2) any claims or misrepresentations made via the Client on behalf of the Hotel/Motel. Client represents and warrants that: (1) the material provided to Guest Trends Inc. is original, copyrighted material belonging to Client, or that Client has obtained any and all rights, permissions and licenses necessary for Guest Trends Inc., to use the material in the preparation of Client’s web pages and in any other printed matter prepared by Guest Trends Inc. in the normal course of business; (2) the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights, title or interests of any third party, including, but not limited to, copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right; and (3) that the Advertisement will not contain material that includes false advertisements, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation. Client agrees to indemnify and hold Guest Trends Inc., its assigns, employees, and heirs, harmless from any and all liability, loss, damages, claims, or causes of action, and/or third party claims, arising out of or related to Client’s breach of any of the foregoing representations and warranties, including reasonable legal fees and expenses. When necessary to effectuate the intent of this paragraph, the Client agrees to request that Guest Trends Inc. be listed as an additional insured on any policy issued to Client under which there is coverage for any of the forms of legal liability described in this paragraph.
IN NO EVENT WILL GUEST TRENDS INC. BE LIABLE TO CLIENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT GUEST TRENDS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CLIENT EXPRESSLY AGREES TO DEFEND, HOLD HARMLESS, AND INDEMNIFY GUEST TRENDS, FOR ANY AND ALL CLAIMS, LIABILITIES AND JUDGEMENTS, FOR ANY REASON WITHOUT RESERVATION.
This Agreement will be governed by and construed in accordance with the laws of the State of California. The courts located in the State of California, San Diego County (State and Federal) shall have sole and exclusive jurisdiction over any controversies arising out of, relating to, or in connection with this Agreement, or any breach thereof. Any service of process given to either party via certified U.S. Mail, return receipt request, shall be deemed to have the same force and effect as personal service given within the State of California provided, however, that in order to effectuate service upon Guest Trends, a copy also must be mailed to Guest Trends Inc., 3975 Via Palo Verde Lago Alpine, CA 91901. Client understands and agrees that it is hereby waiving any further objections to choice of law, venue, personal jurisdiction and subject matter jurisdiction in any legal proceeding involving the terms and performance of the Agreement brought in accordance with this paragraph. This Agreement and any and all exhibits and attachments are the complete and exclusive understanding between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order or prior correspondence between Client and Guest Trends Inc. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. By entering into this agreement with Guest Trends Inc., Client warrants that it has the full right, power, and authority to enter into this Agreement and to make all of the grants, promises, and covenants herein contained. By entering into this agreement with Guest Trends Inc., Client acknowledges that it has read all of the Terms and Conditions and fully intends and agrees to be bound thereby.
LIABILITY RELEASE FOR MARKETING
- As part of marketing efforts, the location, address, and contact information of Client’s Property will be advertised.
- As part of marketing efforts, photographs, videos, photo or virtual tours, and similar visual depictions of the inside and/or outside of Client’s Hotel/Motel Property may be prepared, displayed, handed out and published in different media (including television, print media, social media and internet). Guest Trends Inc. will be displaying Client’s Property information on various sites including but not limited to other sites, classified websites, Hotel/Motel websites built for Client, Social Media sites and blogs. Client understands that such marketing may make information about the Client’s property and possessions available to third parties over whom Guest Trends Inc. (www.guesttrends.com) and/affiliates have no control. Being aware of the foregoing, Client requests that Guest Trends Inc. (www.guesttrends.com) and or affiliates prepare, display, hand out, publish and otherwise utilize different media in any or all ways described in this paragraph, or as may otherwise become available for purposes of providing information about Client’s Property.
- Guest Trends Inc. works on behalf of the Client to promote the interests of the Hotel/Motel with the utmost good faith, loyalty and fidelity. The agent acts as an advocate for the Hotel/Motel. The term of this agreement shall begin on the signed agreement date, for an annual term with upfront payments or a 12 month payment term. This agreement will automatically renew every twelve (12) months, unless otherwise indicated by the Client in writing via email or postal mail 60 days prior to the renewal date.
- Guest Trends Inc. will only exercise these roles and responsibilities to the extent they are capable. If for any reason the Client is not able to or does not supply Guest Trends Inc. with the log in or account information for any of the above identified websites or has not responded to input needed on specific reviews, Guest Trends Inc. will be removed from the obligations set forth in this agreement for that specific website. In addition Guest Trends Inc. is not liable for issues that arise due to errors or problems on the side of any corresponding review platform or Online Travel Agency. In many instances we have faced errors with sites such as Medallia, Expedia, Hotels.com and Booking.com not posting responses or being down for maintenance. Guest Trends Inc. will make all good faith efforts to respond and manage reviews on all platforms but Client is herby made aware of such issues that may arise and will not hold Guest Trends Inc. liable in these cases.
- Should Client fail or neglect to make the payments due on terms listed in this Agreement ( including chargeback’s, missed payments, non sufficient funds on credit cards, etc. ) all discounts shall be forfeited and Client agrees to pay standard rates for all products and services fulfilled by Management.
- The Client may cancel this Agreement after the initial twelve (12) month term has at any time by giving Guest Trends Inc. sixty (60) days written notice delivered to Guest Trends Inc. U.S.P.S. mail to Guest Trends Inc., 3975 Via Palo Verde Lago Alpine, CA 91901 or by email to firstname.lastname@example.org and further provided that there is no outstanding balance with Guest Trends Inc. If the Client wishes to not have this agreement auto-renew please inform Guest Trends via email at email@example.com within the first 30 days after signing the first agreement. No refunds for any payments previously made will be issued upon request or termination.
- Guest Trends Inc.,offers optional review response services when agreed and paid and shall exercise reasonable skill and care for Client’s Hotel/Motel, including but not limited to the following and shall be done as soon as reasonably possible and/or when requested: Provide technology to assist Hotel/Motel in requesting reviews from Hotel/Motel Guest, monitor and manage reviews on Clients Hotel/Motel review platforms to which they have been given access (ie Log In Credentials). This management will includes responding on behalf of the client (when requested) to all new reviews that are posted on sites such as Medallia, TripAdvisor, Expedia, Hotels.com, Booking.com, Google, Priceline, Travelocity and Facebook as well as any other review site that Client has allowed access to commencing on the date of this signed agreement.
- Social Media optional services when agreed and paid. Create a Facebook, Twitter and Instagram business page for Hotel/Motel (when requested), to help increase Guest interaction on their pages. We will also post on a weekly basis and manage posts and comments whenever possible.
- Create a custom vanity website for Hotel/Motel /Motel to generate search engine optimization, incremental reservation and walk in traffic.
Note: It is the intent of Guest Trends Inc. will make every effort to respond to reviews within 48 hours of the date the review is posted live on the internet. Review response is subject to the corresponding review site/platform or Online Travel Agency meaning the date in which they become live for online website visitors to view can vary and is subject to the corresponding review site/platform or Online Travel Agency being accessible. Delays in responding and response time may incur but will remedied as soon as possible.
Guest Trends Inc. will only exercise these roles and responsibilities to the extent they are capable. If for any reason the Client is not able to or does not supply Guest Trends Inc. with the log in or account information for any of the above identified websites or has not responded to input needed on specific reviews, Guest Trends Inc., shall not be bound by the obligations set forth in this agreement for that specific website. In addition Guest Trends Inc. is not liable for issues that arise due to errors or problems on the side of any corresponding review platform or Online Travel Agency. In many instances we have faced errors with sites such as Medallia, Expedia, Hotels.com and Booking.com not posting responses or being down for maintenance. Guest Trends Inc. will make all good faith efforts to respond and manage reviews on all platforms but Client is herby made aware of such issues that may arise and will not hold Guest Trends Inc. liable in these cases.
Referrals: All referrals discounts provided by Guest Trends, and not fulfilled by Client within the first thirty (30) days will be subject to a charge of no greater than the discount provided initially to Client. A $10 monthly discount or $100 annual discount is offered for Clients that sign up, help sign up or has friends or relatives that sigh up for one of Guest Trends services.