Waivo® Terms & Conditions for Furnished Finder Landlords

Congratulations, you have taken the first step to purchase a Waivo Damage Waiver, which is a service offered by Rental Protect, LLC, DBA Waivo® (“Waivo”) that you have purchased through Furnished Finder. You are a property owner, landlord, or property manager who lists property for rent via the Furnished Finder platform, and we will refer to you herein as the “Furnished Finder Landlord”, “Landlord” or “You.” To complete your purchase, you must review and accept the terms and conditions below.

In this document, you will find the terms and conditions of Waivo Damage Waivers (each one a “Waiver”), under which you may choose to have Waivo reimburse you up to certain amounts for theft or damage to your rental property resulting from the acts or omissions of a tenant paying market rates ( “Tenant”), or early termination by a Tenant:

1. Duties of the Landlord

Landlord’s timely and consistent satisfaction of these duties is a condition precedent to Landlord’s authority to use any Waiver or to use any form, logo or insignia associated with Waivo or the Waiver, and is a condition precedent to Waivo’s duties as set forth herein. Failure to complete these duties within 10 days of written notice will void all Landlord’s authority to use, rights under, or access to any Waiver. The duties are as follows:

  1. Landlord must provide the Waiver in its entirety without any alterations or edits, as provided in Addendum A, to the Tenant for each and every rental when the Waiver will be used.
  2. Your decision to use a Waiver must be made before the Tenant enters the property. Waivers may only be used in connection with paying Tenants, and never for the occupancy of a Landlord or a non-paying guest.
  3. If there is damage, theft, or early termination, the Landlord must submit a Damage Notice or Early Termination Notice directly to Waivo, as outlined in Addenda B and C, within 14 days after the Tenant has vacated the property. Time being of the essence for this purpose.
  4. Damage, theft, or early termination notices must be closed within 90 days of submission unless an extension approval has been received from Waivo staff. Damage, theft, or early termination notices will be closed by Waivo without payment if Waivo does not receive all documentation it requests within 90 days.

2. Duties of Waivo to Landlord

  1. Waivo will assess the Damage or Early Termination Notice within two business days of receipt of the notice.
  2. If Waivo is responsible for the damage or loss then Waivo will reimburse the party who submitted the Notice via ACH, check, or other acceptable method .
  3. The Waiver Limit purchased for any specific rental period is the maximum amount that Waivo can be responsible to pay in connection with that rental period, including damage, theft, and/or early termination, even in the event that damage, theft, and early termination occur.
  4. Waivo will not respond to damage or theft under $50 US dollars. If the damage or theft exceeds $50 then Waivo will reimburse for the repair or replacement of the damaged property, or the replacement of stolen property, up to the limit selected by Landlord. In addition, for any theft a police report detailing the stolen items and the renter’s name shall be required. If Waivo reimburses for stolen items, then Waivo is entitled to any recovery of the items or their monetary value and reserves the right to pursue the Tenant to recover the stolen items or the monetary value of the stolen items to the fullest extent of the law.
  5. Waivo and its partner insurance companies are responsible for all regulatory filings, taxes and fees, as well as overall legal and regulatory compliance, associated with the Waivers.

3. Exclusions

Waivo is not responsible for damages or theft resulting from the following:

  1. Acts of God
  2. Prior damage, cosmetic damage, marring or normal wear and tear
  3. Theft without a valid police report
  4. Loss of use of the rental property
  5. Rodent, termite, infestation, or wild animal
  6. Damage to a motorized vehicle
  7. Fine art, collectibles, or sets of items
  8. Consequential Loss
  9. The Waiver will not reimburse for costs associated with odor, debris removal, backup of sewers or drains, clogged plumbing, excess trash, laundering linens, spa/pool maintenance, landscaping, maintenance, or mechanical breakdown.
  10. Waivo will not reimburse losses resulting from early lease termination if the termination is resulting from damage to rental property that makes the property uninhabitable, is the result of tenant dissatisfaction with the rental property, is the result of the tenant’s failure to pay rent following the terms of the lease, if the lease is terminated prior to the Tenant occupying the property, or the lease is terminated in the first 30 days of the rental period.
  11. Waivo will only reimburse for actual losses resulting from early lease termination, which excludes any rent paid in advance that is not refunded by Landlord to Tenant, if the tenant requests an early lease termination due to no fault of the Landlord.

4. Conditions of Waivo’s Duties

  1. Waivo will only pay for direct damage or theft of property owned or leased by Landlord and located at the rental property. Waivo will not pay for theft or damage to property owned by the Tenant or the Tenant’s spouse, children or any other person the Tenant invited on to the rental property during their stay at the rental property.
  2. Waivo has the sole authority to determine the nature and extent of damages, necessary repairs, acceptability of early termination, and eligibility for the Waiver, and shall exercise that authority in a reasonable manner.
  3. Irreparable stains are considered damage.
  4. Waivo will reimburse for assembly of replacement furniture up to a maximum amount of $50.00 US Dollars.
  5. Waivo reserves the right to determine if damages or early termination are eligible for reimbursement and at what value.
  6. Waivo will not pay for losses resulting from Early Lease Termination except to the extent that Landlord can demonstrate the actual loss of rental revenue that would have been enjoyed by the Landlord but for the early termination.

5. No License or Other Transfer of Intellectual Property Rights

You acknowledge that by your access to and use of the Waiver, you are not receiving any license or other right to use the intellectual property, trade name, service marks, trademarks, trade dress, or logo owned by Furnished Finder or Waivo, except as may be strictly necessary for you to comply with the requirements set forth herein. You acknowledge that these Terms and Conditions are strictly confidential and may not be reproduced, disclosed, or used for any purpose other than facilitating Your relationship with Waivo.

6. Limitations

You acknowledge that Waivo is not under any circumstances liable for any lost profits, cost of re- procurement, loss of expected savings, or any consequential, incidental, special, indirect, exemplary, aggravated or punitive damages whatsoever arising out of or in any way related to any Waiver or the inability to use the Waivo products. Landlord acknowledges that Landlord has access to the Waiver exclusively through Furnished Finder, by virtue of Landlord’s acceptance of the terms and conditions set forth herein, but Landlord has no contractual relationship with Waivo other than the terms and conditions set forth herein. You acknowledge that Waivo maintains insurance to the extent necessary to cover all obligations under the Waiver; but neither Furnished Finder nor Waivo is an insurance company, agent or broker. The total aggregate liability of Waivo to Landlord, for all claims arising at law, in equity, or otherwise, including without limitation breach of contract or negligence, arising out of or related to these Terms and Conditions or any Waiver(s) shall not exceed the total amount Waivo has received in payment for the Waiver or Waivers at issue. In the event of suspected fraud by You, Waivo may terminate any Waiver immediately and is not obligated to reimburse for any damage, regardless of the date of damage.

7. Governing Law; Jurisdiction and Venue

The laws of the State of Montana shall govern these Terms and Conditions as well as any Waiver(s), and You hereby irrevocably submit to the jurisdiction and venue of the state courts located in Montana, where any dispute shall be resolved if not first resolved through negotiation or mediation.

8. Miscellaneous

No aspect of the parties’ relationship shall be construed as a partnership, joint venture, employment, franchise, or agency relationship. The invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other provision. In the event that any provision herein is determined invalid, unenforceable or otherwise illegal, such provision shall be deemed restated in accordance with applicable law, to reflect as nearly as possible the original intent of the parties, and the remainder of the terms shall be in full force and effect. A failure by either party to enforce the other’s strict performance will not constitute a waiver of its right to subsequently enforce the same or any other provision. This constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior oral or written communications and agreements. Waivo reserves the right to modify the content and terms unilaterally, immediately upon notice to Landlord. All parties hereby irrevocably waive the right to a jury in any future dispute.

Addendum A Waivo® Damage Waiver

If a Waivo® Damage Waiver has been purchased for your rental, then the following terms and conditions are now part of Your rental property lease agreement.

  1. AGREEMENT
    1. On behalf of ___________, the party authorized to rent the rental property and the owner of the rental property, Waivo has assumed the responsibility for damages as outlined below and up to $ , the waiver limit for your stay at the rental property.
    2. Waivo is hereby responsible for direct damage to real or personal property of the rental property as a result of Your acts or omissions. Waivo will pay the lesser of the cost of repairs or the cost to replace the property up to $ _______. This waiver does not negate your responsibilities as a Tenant for items outside of Waivo’s responsibilities.
    3. This is not an agreement to provide insurance. This is a damage waiver as part of Your rental property lease agreement.
  2. EXCLUSIONS
    1. This Waiver will not reimburse for theft, or damages resulting from:
      1. Acts of God
      2. Prior damage, cosmetic damage, marring or normal wear and tear
      3. Loss of use of the vacation rental property
      4. Rodent, termite, infestation, or wild animal
      5. Damage to a motorized vehicle
      6. Fine art, collectibles, or sets of items
      7. Consequential loss
    2. This Waiver will not reimburse for damage or theft of property owned by You.
    3. This Waiver will not reimburse for costs associated with odor, debris removal, backups of sewers and drains, clogged plumbing, excess trash, laundering linens, spa/pool maintenance, landscaping, maintenance or mechanical breakdown.
  3. CONDITIONS
    1. Waivo has the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the Waiver.
    2. Waivo reserves the right to determine if damage is eligible for reimbursement at actual cash value.
    3. This Waiver is only effective for a one-time single continuous stay. It takes effect when You occupy the rental property and terminates when You depart the same rental property.
    4. This Waiver is only effective if damage is reported to Waivo by You, the property manager, or the owner of the rental property within 14 days of Your departure from the rental property.
    5. Waivo will not respond to damage under $50 US dollars.
    6. If there is a dispute related to these terms, mediation is required before any party may file litigation. In the event of litigation, all parties waive the right to a jury trial.
  4. DEFINITIONS
    • You, or Your, is the Tenant of the rental property and includes the Tenant’s spouse, children, and any other person the Tenant invited onto the rental property during your stay at the rental property.

Addendum B

Notices

All Notices must be submitted by Landlord directly to Waivo and must include the information outlined below. Notices must be submitted within 14 days after the Tenant who purchased the Waiver has vacated the property.

Damage Notices

  1. Landlord’s Full Name (host/operator)
  2. Landlord’s Company Legal Name (if applicable)
  3. Primary Tenant’s Full Name
  4. Tenant Check-In and Check-Out Date in Which Damage Occurred
  5. Full Address of Location of Damaged Property
  6. Detailed Description of Damage
  7. Make, Brand, and or Model of Damaged Items
  8. Estimated Cost of Repair or Replacement
  9. Pictures of Each Item of Damaged Property
  10. Police Report for Theft
  11. Proof of Waiver and Proof of Cost to Repair or Replace Damaged Property Upon Request After Waivo Verifies its Responsibility

Early Termination Notices

  1. Furnished Finder Landlord’s Full Name (host/operator)
  2. Furnished Finder Landlord’s Company Legal Name (if applicable)
  3. Primary Tenant’s Full Name
  4. Tenant Check-In and Check-Out Date on which the early termination occurred
  5. Full Address of Location
  6. Lease
  7. Proof of total payment received by Landlord for lease period
  8. Correspondence with Tenant requesting early termination
  9. Written Termination Notice from Tenant specifying termination date
  10. Proof of acceptance of cancellation and any payment refunded to Tenant
  11. Estimated Lost Revenue excluding advance rents not reimbursed

Addendum C

Waivo Contact Information

Damage Notice & General Support: furnishedfindersupport@waivo.io

Other Notices: Waivo
40 Enterprise Blvd., Suite 202
Bozeman, MT 59718

Phone: 855-270-9505

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