Guest Accommodation Agreement

Thank you for your interest in staying with Kasa!

Kasa is committed to being a great neighbor in our communities. That is why, as a condition of staying at any of the properties we manage (each, a “Property”), you must agree to abide by this Guest Accommodation Agreement (the “Agreement”), along with our Website Terms of Use (the “Terms of Use”) and our Privacy Policy (the “Privacy Policy”), which are also binding on you. We reserve the right to cancel your booking, in accordance with the “Cancellation and Refunds” section of this Agreement, in the event that you do not agree to this Guest Accommodation Agreement, the Terms of Use, and/or the Privacy Policy.  When used in this Agreement, “we”, “our”, or “us” refers to the Kasa entity set out in Schedule 1 with whom you are contracting.

OUR PROPERTIES

We are pleased to accommodate a wide range of travel styles by managing a variety of Properties, from single-family homes, to units in multi-family buildings, to hotels (each, a “Property Type”). Most of the terms of this Agreement apply to all reservations booked with us, irrespective of the Property Type. However, to account for operational differences between these Property Types, this Agreement also contains additional terms that specifically apply to our hotel and multi-family Properties. Therefore, if you are staying in a multi-family or hotel Property, your stay is also subject to the “Supplemental Terms Applicable to Multi-Family and Hotel Properties” section of this Agreement.

Regardless of the type of Property, our aim is to offer you a safe, comfortable and reliable place to stay.

ADDITIONAL AGREEMENTS

Some stays with us are subject to agreements that are different from and additional to this Agreement. If you signed a separate lease agreement with us, or if your stay was booked through a Corporate Rate Agreement or Group Sales Agreement, those agreements will control in the event of a conflict between the terms of those agreements and the terms of this Agreement. However, the terms of this Agreement remain applicable to your stay to the extent no such conflict is present. Your reservation is also subject to any published or displayed rules or regulations applicable to the specific Property where you are staying (“Community Rules”), which are incorporated by reference herein.

IDENTITY VERIFICATION

To protect against identity theft and fraud, and for the safety of others in our communities, we require you to provide a copy of your valid, government-issued photo ID with your full name, address, date of birth and photo clearly visible at the time of your booking. Kasa’s Virtual Front Desk, a link to which will be provided to you via email subsequent to booking, functions as the hub for all your reservation information subsequent to booking and is where we provide you with a safe, secure method to complete our identity verification process electronically. The reservation’s billing information must match the address information on your government-issued ID. We reserve the right to refuse service to individuals who do not furnish this information. In the event that you refuse to provide your valid, government-issued ID after making a reservation, your reservation will be cancelled in accordance with the section entitled “Cancellation and Refunds,” below.

We expect that you will stay at the Property during the entire reservation. Anyone else who stays at or visits the Property during your reservation shall be deemed a “Visitor” hereunder.

MINIMUM AGE

We reserve the right to set a minimum age requirement to book any of our Properties. The minimum age requirement may vary depending on the Property and will be reflected on the booking site through which your reservation is made. Proof of age is required at the time of your booking and is collected through our identity verification process outlined above.

BACKGROUND SCREENING

If you are located within the United States, we may, but are not obligated to, obtain background reports from consumer reporting agencies or otherwise review publicly available information about you, including sexual offender registration lists or databases compiling information about criminal convictions. Such screening is conducted for the safety and security of other guests and neighbors in the community where the Property is located. We will comply with applicable laws in accessing such information. By making a reservation with us, you authorize us to use your personal information (including name, address, date of birth, or other identifying information) to obtain these reports. You may also be required to consent to the terms and conditions of a third-party screening service provider. You agree that we may, in our sole discretion, suspend, cancel, block, restrict or terminate your access to our services or reservations made or contemplated or any Property, based on our evaluation of such reports. In the event that the screening is not passed and the reservation is cancelled, you will be issued a full refund.

We authorize consumer reporting agencies to provide your information to various government entities and law enforcement entities as permitted by law.

You have the right, upon written request made within a reasonable time, to request whether a consumer report has been run about you and to request a copy of your report. Searches for these reports will be conducted by:

SafeRent Solutions, LLC

3001 Hackberry Rd.

Irving, TX 75063

Consumer Relations: 888-333-2413

RIGHT TO REFUSE AND/OR TERMINATE SERVICE

To the extent permitted by applicable law, we reserve the right to refuse service to any individual, including terminating an active reservation if we deem such action necessary, in our sole discretion. Reasons why we may refuse you service or terminate your reservation include, but are not limited to your or your Visitors’: (i) refusal or failure to pay for the reservation; (ii) disturbance of the peace; (iii) use or attempted use of the Property for an unlawful purpose; (iv) attempted or actual transport of firearms, explosives, hazardous or toxic substances, or other dangerous items onto the Property; (v) attempted or actual destruction, damage, or defacement of the Property; (vi) attempted or actual harm, or threats of harm, to any other person, including other guests, community members or staff; (vii) violation of the maximum allowable occupancy applicable to the reservation; or (viii) violation of any of the other terms and conditions of your reservation, including, without limitation, those set forth in this Agreement as well as any applicable Community Rules.

CHECK-IN / EARLY CHECK-IN

Your reservation check-in time will be reflected on the booking page for the applicable Property on our website or the third-party website (each, a “Third-Party Booking Channel”) where the Property is listed. Your check-in time will also be listed in the check-in instructions in your Virtual Front Desk, a link to which will be provided to you via email subsequent to booking. Early check-in requests may be made through your Virtual Front Desk and may be granted subject to availability.

CHECK-OUT / LATE CHECK-OUT

Your reservation check-out time will be reflected on the booking page for the applicable Property on our website or the Third-Party Booking Channels where the Property is listed. Your check-out time will also be listed in your check-out instructions in your Virtual Front Desk, a link to which will be provided to you via email subsequent to booking. Late check-out requests may be made through your Virtual Front Desk and may be granted subject to availability. To the extent we are able to accommodate a late check-out request, additional fees may apply. If you fail to check-out on time (absent an approved late check-out request), we reserve the right to charge the payment method on file up to an amount representing the full room rate for your check-out date.

RESERVATION FEES

If you make your reservation through our website, you must pay the nightly fee(s), cleaning fee, and taxes (the “Reservation Fees”) at the time of booking. If you make your reservation through a Third-Party Booking Channel, we will charge your card in accordance with the terms and conditions of the Third-Party Booking Channel that you used to make the reservation.

INCIDENTALS

After the reservation is made, and in addition to charging your card for the Reservation Fees, we may pre-authorize your credit card for an amount representing up to double the Reservation Fees as a security hold for incidentals. Once you have departed the Property, the pre-authorization hold will be lifted, unless damages were assessed on the Property as a result of your stay. While it can take anywhere from 1 to 20 days for the pre-authorization hold to be lifted by your bank, it typically takes fewer than 5 days.

CANCELLATION AND REFUNDS

RESERVATIONS UNDER 28 NIGHTS

If you make your reservation directly through our website and your reservation is less than 28 nights, the cancellation policy applicable to your reservation will be reflected on the booking page for the applicable Property on our website.

If you make a reservation through a Third-Party Booking Channel, we strictly adhere to the cancellation policy posted on the Third-Party Booking Channel that you used to make the reservation.

No exceptions to the posted cancellation policy will be made for unforeseen circumstances, including but not limited to weather, health, personal emergencies, or schedule changes.

RESERVATIONS OVER 28 NIGHTS

If you make a reservation directly through our website and your reservation is 28 nights or longer, the following policies apply:

Cancellation prior to your check-in date: The first 30 days of your reservation are non-refundable. The remainder of the reservation is fully refundable. The refundable portion of the Reservation Fees will be returned to the payment method you used at the time of booking within 20 days of cancellation.

Cancellation on or after your check-in date: All days of your reservation prior to and including the day of cancellation are nonrefundable. In addition, the first 30 days of your reservation subsequent to the date of your cancellation are non-refundable. The remainder of your reservation is fully refundable. The refundable portion of the Reservation Fees will be returned to the payment method you used at the time of booking within 20 days of cancellation.

If you make a reservation through a Third-Party Booking Channel, we strictly adhere to the cancellation policy posted on the Third-Party Booking Channel that you used to make the reservation.

No exceptions to the cancellation policy will be made for unforeseen circumstances, including but not limited to weather, health, personal emergencies, or schedule changes.

NON-REFUNDABLE RATES

We may, at our sole discretion, offer special pricing for non-refundable reservations (“Non-Refundable Rates”). If you make a reservation of any length through our website or a Third-Party Booking Channel and the rate is identified as non-refundable at the time of booking, the above cancellation policies will not apply to your reservation. Instead, the entirety of your reservation will be non-refundable upon booking.

No exceptions to the cancellation policy will be made for unforeseen circumstances, including but not limited to weather, health, personal emergencies, or schedule changes.

NO SHOW CHARGES

The Property associated with your reservation will be held for you until 4:00 pm the day following your check-in date. If you have not checked in by that time and have not otherwise notified us that your arrival will be delayed, your reservation will be considered a “No Show” and will be cancelled. You will forfeit all payments made to us related to the reservation and will not be entitled to a refund; No Shows are not subject to the provisions of the “Cancellation and Refunds” section of this Agreement.

If you are aware that your arrival will be delayed past 4:00 pm the day following your check-in date, please contact us as soon as possible to avoid your reservation being considered a No Show.

NO SMOKING OR UNLAWFUL ALCOHOL USE

For the safety, comfort and consideration of all individuals in our communities, smoking is prohibited at all of our Properties. This smoking prohibition includes but is not limited to tobacco, marijuana, e-cigarettes, vape pens, and hookahs, and it applies to all areas of each Property, including but not limited to balconies, patios or other outdoor spaces, common areas such as hallways, lounges, rooftops, fitness centers or other amenity areas, and within 30 feet of any public entrance. We may operate marijuana and tobacco sensors at our Properties in order to enforce this rule, and by staying with us, you consent to the presence of the sensors. Tampering with or removal of these sensors is a violation of this Agreement. Alcohol consumption at all of our Properties is strictly limited to Visitors who are at least 21 years old.

NOISE POLICY

As part of our commitment to being a good neighbor in our communities, we require that you refrain from creating excessive noise at our Properties and at all times during your stay comply with the noise ordinances applicable to our Properties. We proactively monitor our Properties for compliance with this noise policy by using decibel sensors which notify us of sounds that exceed acceptable thresholds. These decibel sensors do not record sound, but merely notify us if acceptable noise thresholds have been exceeded at a given Property for a sustained period of time. By staying with us, you consent to the use of these decibel sensors. Tampering with or disabling our decibel sensors is a violation of this Agreement.

In the event we receive a noise complaint from a community member or receive a notification from a decibel sensor that the noise level in the Property you have reserved has exceeded acceptable thresholds, we will contact you and issue a first warning to reduce the noise level. If, after the first warning, we subsequently receive an additional noise complaint and/or notification that the noise level has exceeded acceptable thresholds, we reserve the right, in our discretion, to charge you a penalty of $500 and/or terminate your reservation without a refund.

MAXIMUM OCCUPANCY

Property occupancy limits are determined by the fire code and fire safety restrictions, as well as any local statutes or ordinances. You are required to comply with the maximum occupancy limits applicable to the Property you have reserved. To determine the maximum occupancy for a specific Property, please review the booking page for that Property on our website or the Third-Party Booking Channels where the Property is listed. Parties, events and large gatherings are strictly prohibited at our Properties.

CHILDREN

Children are welcome at our Properties. You are responsible for the adequate supervision and actions of all children who accompany you as part of your reservation, including ensuring that they abide by all the terms and conditions of this Agreement as well as any applicable Community Rules and terms that apply to equipment, amenities or facilities not controlled by us.

VISITORS

If you bring Visitors onto the Property, you must accompany them at all times. You are responsible for the actions of all of your Visitors, including ensuring that they abide by all the terms and conditions of this Agreement as well as any applicable Community Rules and terms that apply to equipment, amenities or facilities not controlled by us.

PROPERTY ACCESS CODES AND ACCESS ITEMS

Access codes and (if applicable) access items such as key fobs, garage openers, and amenity area keys will be issued to you on the day of check-in. Failure to return any physical access items at the time of your departure will result in you being charged a minimum fee of $250 for each unreturned item.

ACCESS TO PROPERTY

You acknowledge that your reservation does not confer exclusive possession or exclusive access to the Property. We retain the right to access and enter the Property at any time as needed, however, we will attempt to notify you before entering the Property as a courtesy to you except in the event of an emergency or as may be required to ensure our compliance with law or the safety or security of the Property. Without limiting the foregoing, if called upon, law enforcement and first responders will be granted immediate access to the Property, with or without notice to you.

LOST & FOUND POLICY

We assume no liability for lost, misplaced, stolen, or damaged belongings, including any belongings which are left at the Property during or after your departure. If you discover that you have left something behind after your departure, please contact us immediately, and we will attempt to retrieve the item for you. If we locate the item, you will be solely responsible for any shipping and other incidental charges associated with the return or delivery of your item, as well as arranging delivery and all risk of loss or damage to your item associated with its return or delivery to you.

You shall not have any package or mail deliveries sent to the Property. Instead, we recommend that you have your mail or packages shipped to a nearby UPS store, FedEx store or Amazon Locker.  We assume no liability for any packages or mail deliveries that are lost or misplaced as a result of your attempt to have such deliveries shipped to the Property.

PETS

We are able to welcome pets at many, but not all, of our Properties. To determine if pets are allowed at a specific Property we manage, please review the booking page for that Property on our website or the Third-Party Booking Channels where the Property is listed.

If the Property you have reserved allows pets, the following rules and restrictions apply:

• Multi-family and hotel Properties: Only cats and dogs are permitted at these Properties. One pet is permitted per reservation.

• Single-family home Properties: Only dogs are permitted at these Properties. Up to two dogs are permitted per reservation.

• Pit Bulls, German Shepherds, Chow Chows, Boxers, Rottweilers, Mastiffs, Bull Terriers, Presa Canarios, American Bulldogs, wolf hybrids, Huskies, Malamutes, Dobermans, St. Bernards, Great Danes, Akitas, Shar Peis, Staffordshire Terriers, or any hybrid or mixed breed of the aforementioned breeds, are not permitted at any of our Properties. Additionally, Australian Cattle Dogs, Bedlington Terriers, Dalmatians, Elias, Weimaraners, and Foxhounds, or any hybrid or mixed breed of the aforementioned breeds, are not permitted at our Basecamp Reno Property.

• Pets that have ever behaved violently or aggressively towards a person or another pet are not permitted at any our Properties.

• Pets must not be left unattended at the Property.

• Pets must be house-trained and must only use designated outdoor areas for pet relief.

• Pets must be kept off of all furniture at the Property.

• Pets must be up to date with all licensing and vaccination requirements of the state and local jurisdiction where the pet owner permanently resides.

• Should we request such documentation, you or the pet owner must furnish the pet's current licensing and vaccination records.

• You must in all cases notify us that you or someone traveling with you as part of your reservation will be bringing a pet and pay any associated pet fees.

• You are responsible for any and all damage or injury caused by a pet that accompanies you or a Visitor.

SERVICE ANIMALS

Service animals are permitted at any of our Properties, under the following conditions:

• The service animal must be providing assistance to you or a Visitor.

• You must in all cases notify us that you or a Visitor will be bringing a service animal.

• We are unable to accommodate any service animals that have ever behaved violently or aggressively towards a person, pet, or other assistance animal.

• The service animal must be up to date with all licensing* and vaccination requirements of the state and local jurisdiction where the service animal owner permanently reside. Should we request documentation thereof, the service animal owner must furnish copies of such documentation.

• The service animal must not be left unattended at the Property.

• The service animal must be house-trained and must only use designated outdoor areas for relief.

• You are responsible for any and all damage or injury caused by a service animal that accompanies you or a Visitor.

*Please note the “licensing” as used above refers only to the basic licensing and registration of an animal’s ownership that is typically required in most states and local jurisdictions. It does not refer to documentation of an animal’s status as a registered service animal.

EMOTIONAL SUPPORT ANIMALS

While emotional support animals are distinct from service animals, we allow dogs and cats as emotional support animals at all of our Properties on the same conditions set forth above with respect to service animals, with one exception: If requested, you must provide us with documentation from a physician, psychiatrist, social worker or other licensed mental health professional which demonstrates that the emotional support animal in question provides you (or another Visitor under the reservation) with emotional support that alleviates one or more of the identified symptoms or effects of an existing disability, provided that you will ensure that no such documentation will disclose to us any sensitive health information about you or any other Visitor that may be subject to the Health Insurance Portability and Accountability Act (HIPAA) or privacy laws.

CLEANING

The Property you have reserved will be cleaned prior to your arrival. We do not provide nightly housekeeping services. However, you may request additional cleanings or supplies, subject to availability and additional fees, by contacting us through your Virtual Front Desk.

PEST INFESTATION

If we determine that you have brought any pest infestation onto the Property, we reserve the right to charge you for any and all costs and expenses related to mitigation, including immediate or urgent response requirements and loss of room revenue, that we deem necessary to address such infestation.

INTERNET ACCESS

Internet access is generally accessible to you at the Property free of charge as part of your reservation. While we try to provide interruption-free, high-quality internet access, we assume no liability in the event that such access becomes unavailable, unreliable or is interrupted. You are prohibited from using the internet access we provide in furtherance of any illegal activity, including, but not limited to, violating the Digital Millennium Copyright Act or our Terms of Use. We reserve the right to suspend internet access and terminate your reservation if we become aware that you or a Visitor is using such access in violation of applicable law or our Terms of Use. We assume no liability for your or any Visitor’s use of, or inability to use, the internet at any Property.

PARKING

Not all of our Properties provide access to parking. You can determine if parking is available at a specific Property by reviewing the Property’s booking page on our website or the Third-Party Booking Channels where the Property is listed.

To the extent parking is available at a Property, parking fees may apply. These fees will be disclosed on the Property booking page. All vehicles parked at a Property must be registered with us prior to your arrival. Vehicles are parked at the risk of the owner. We assume no liability or responsibility for any vehicle, its occupants, or its contents while operated or parked on the Property. You must follow all onsite signage and any instructions provided in your Virtual Front Desk with respect to parking. No vehicles may be left at the Property subsequent to check-out. Vehicles parked in violation of applicable rules and regulations may be towed at the owner’s expense.

FIREARMS

For the comfort and safety of others in our communities, no firearms are permitted at any of our Properties.

EMERGENCIES

In the case of an emergency requiring the assistance of law enforcement, call 911 immediately. Please also notify our guest experience team by calling (650) 451-3444 so we are aware and can be of assistance.

DAMAGE AND/OR THEFT OF PROPERTY

You are liable for any damage and/or theft at the Property caused by you, your pets or your Visitors, as well as damage that is caused or exacerbated by your failure to timely report any issues at the Property that may arise during your stay or failure to comply with the terms and conditions of this Agreement. This includes, but is not limited to, damage to rooms, fixtures, furnishings and equipment, outdoor spaces and common areas. We reserve the right to retain your payment method details and charge your payment method the full amount that we, in our sole discretion, deem necessary to compensate or make good the cost or expenses incurred or suffered by us as a result of the damage and/or theft. Charges may include, but are not limited to: repair costs for all property damage, replacement costs for missing or damaged items, and cleaning and restoration fees. We will make reasonable efforts to mitigate the costs of repairing the damage. In the event that the Property becomes un-rentable through any action of you or your Visitors, we reserve the right to charge you the nightly rate as advertised on the Booking Channel where the reservation was made until the Property may be offered again for booking.

USE OF PREMISES

The Property shall not be used for any unlawful purpose, nor shall any commercial industrial, or retail activity be conducted at the Property. If we determine that you or your Visitors are using the Property for such purposes, we reserve the right to immediately terminate your reservation without a refund.

To the extent a pool or spa is available as an amenity at the Property, no lifeguard is on duty. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your (and your Visitors and pets’) use of the Property and all amenities, including but not limited to gyms, pools and hot tubs.

REMOVAL FROM THE PREMISES

YOU AGREE THAT IN CONNECTION WITH A TERMINATION OF YOUR RESERVATION, WE, OR OUR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR OWNERS OF PROPERTIES WE MANAGE, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OR ANY OTHER LAWFUL AUTHORITY MAY REMOVE YOU AND ALL VISITORS, PETS AND BELONGINGS FROM THE PROPERTY. YOU AGREE TO HOLD US AND OUR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND ALL OF OUR AFFILIATES, SERVICE PROVIDERS AND OWNERS OF PROPERTIES WE MANAGE, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FOR ANY DAMAGES ARISING FROM ANY INCIDENT NECESSITATING THE REMOVAL OF YOU, YOUR PETS, BELONGINGS AND YOUR VISITORS FROM THE PROPERTY.

NO TENANCY

THIS AGREEMENT, WHETHER IN WHOLE OR PART, IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, AND DOES NOT CONVEY OR OTHERWISE TRANSFER OR PROVIDE ANY PROPERTY, LEGAL, OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF, AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, THE PROPERTY. YOU AGREE THAT THE PROPERTY IS NOT YOUR PERMANENT RESIDENCE.

ARBITRATION

Any dispute arising out of or related to this Agreement, including, but not limited to, disputes arising out of your reservation, will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). Both parties shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, access to or use of, or your inability to access or use, our services, the Properties, any amenities available thereon or common areas associated therewith, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in New York, New York and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. Both parties waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. Both parties waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in this Agreement, as a court would.

In reaching his or her decision, the arbitrator shall follow this Agreement, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

Limitations Period. NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS, ANY AND ALL CLAIMS AND ACTIONS ARISING OUT OF OR RELATING TO ANY ASPECT OF THIS AGREEMENT, ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICES, THE PROPERTIES, ANY AMENITIES AVAILABLE THEREON OR COMMON AREAS ASSOCIATED THEREWITH SHALL BE COMMENCED WITHIN ONE (1) YEAR FROM THE OCCURRENCE OF THE FACTS GIVING RISE TO SUCH CLAIM OR ACTION, OR SUCH CLAIM OR ACTION SHALL BE BARRED.

Class Action Waiver. YOU AGREE THAT YOU WILL NOT FILE A CLASS ACTION AGAINST US OR PARTICIPATE IN A CLASS ACTION AGAINST US. YOU AGREE THAT YOU WILL NOT FILE OR SEEK A CLASS ARBITRATION, OR PARTICIPATE IN A CLASS ARBITRATION, AGAINST US.

Covenant Not To Sue Affiliates. YOU AGREE THAT YOU WILL NOT FILE ANY ACTION OR PROCEEDING, INCLUDING, BUT NOT LIMITED TO, AN ARBITRATION OR OTHER ALTERNATIVE DISPUTE RESOLUTION PROCEDURE, AGAINST ANY OF OUR AFFILIATES IN CONNECTION WITH ANY ASPECT OF THIS AGREEMENT, ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICES, THE PROPERTIES, ANY AMENITIES AVAILABLE THEREON OR COMMON AREAS ASSOCIATED THEREWITH.

GOVERNING LAW AND VENUE

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement may be filed only in the state or federal courts located in the State of Delaware, United States. You consent to and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY NEGATE AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF HABITABILITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, (B) THE SUITABILITY OR SAFETY OF THE PROPERTY OR ANY AMENITIES AVAILABLE THEREON OR ANY COMMON AREAS ASSOCIATED THEREWITH FOR ANY AND ALL ACTIVITIES AND USES WHICH YOU OR YOUR VISITORS MAY CONDUCT THEREON, (C) THE COMPLIANCE OF OR BY THE PROPERTY OR ANY AMENITIES AVAILABLE THEREON OR ANY COMMON AREAS ASSOCIATED THEREWITH WITH ANY LAWS, RULES, ORDINANCES OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (D) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (E) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OR THE PROPERTY OR ANY AMENITIES AVAILABLE THEREON OR ANY COMMON AREAS ASSOCIATED THEREWITH, (F) COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OR ANY AMENITIES AVAILABLE THEREON OR ANY COMMON AREAS ASSOCIATED THEREWITH OF HAZARDOUS MATERIALS, OR (G) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY OR ANY AMENITIES AVAILABLE THEREON OR ANY COMMON AREAS ASSOCIATED THEREWITH OR THIS AGREEMENT.  YOU SHALL NOT SEEK RECOURSE AGAINST US OR OUR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, OR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR OWNERS OF PROPERTIES WE MANAGE, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS ON ACCOUNT OF ANY LOSS, COST OR EXPENSE SUFFERED OR INCURRED BY YOU WITH REGARD TO ANY OF THE MATTERS DESCRIBED IN CLAUSES (A) THROUGH (G) ABOVE, PROVIDED THAT THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES THAT CANNOT BE NEGATED OR DISCLAIMED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT NEITHER WE NOR OUR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR OWNERS OF PROPERTIES WE MANAGE, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS ARE RESPONSIBLE FOR LOST, MISPLACED, STOLEN, OR DAMAGED BELONGINGS, INCLUDING ANY BELONGINGS WHICH ARE LEFT AT THE PROPERTY DURING OR AFTER YOUR DEPARTURE, OR ANY PACKAGES OR MAIL DELIVERIES THAT ARE LOST OR MISPLACED AS A RESULT OF YOUR ATTEMPT TO HAVE SUCH DELIVERIES SHIPPED TO THE PROPERTY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE OR OUR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, OR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR OWNERS OF PROPERTIES WE MANAGE, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, BE LIABLE FOR DAMAGES, COSTS OR EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY,  INCLUDING BUT NOT LIMITED TO, TORT (INCLUDING CLAIMS OF NEGLIGENCE, PERSONAL OR BODILY INJURY), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICES, THE PROPERTIES, ANY AMENITIES AVAILABLE THEREON OR COMMON AREAS ASSOCIATED THEREWITH.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKING PROPERTIES WE MANAGE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE FOREGOING DOES NOT EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

RELEASE

If you book a Property through a Third-Party Booking Channel, you may be required to resolve disputes in accordance with such Third-Party Booking Channel’s dispute resolution procedure(s). Please read the applicable terms of any such Third-Party Booking Channel. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTIES RELATING TO ANY ASPECT OF THIS AGREEMENT, ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICES, THE PROPERTIES, ANY AMENITIES AVAILABLE THEREON OR COMMON AREAS ASSOCIATED THEREWITH, YOU RELEASE US AND OUR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND ALL OF OUR AFFILIATES, SERVICE PROVIDERS AND OWNERS OF PROPERTIES WE MANAGE, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our employees, agents, officers, and directors, and all of our Affiliates, service providers and owners of properties we manage, and their respective employees, agents, officers, and directors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, but not limited to, attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of or damage to the Property, any amenities thereon or common areas associated therewith.

WAIVER AND SEVERABILITY

The provisions of this Agreement shall be enforced to the fullest extent permissible under applicable law. All provisions of this Agreement are intended to be severable. In the event any provision contained herein is held to be invalid or unenforceable in any respect, in whole or in part, such finding shall in no way affect (i) the application of such provision to other persons or circumstances, (ii) the validity or enforceability of such provision, or the application of such provision, in any other jurisdiction, or (iii) the validity or enforceability of any other provision of this Agreement.

You further agree that any such invalid or unenforceable provision shall be deemed modified so that it shall be enforced to the greatest extent permissible under applicable law, and to the extent that any court of competent jurisdiction determines any provisions herein to be unenforceable in any respect, such court may limit this Agreement to render it enforceable in the light of the circumstances in which it was entered into and specifically enforce this Agreement to the fullest extent permissible.

SUPPLEMENTAL TERMS APPLICABLE TO MULTI-FAMILY AND HOTEL PROPERTIES

If the Property you have reserved is in a hotel or multi-family building, without limiting the foregoing terms, the following additional terms apply to your reservation:

• Pets must remain on a leash or in a carrier in the common areas of the Property.

• Pets are forbidden in amenity areas of the Property.

• Minors are prohibited from entering the amenity areas of the Property unless under immediate adult supervision and such minors are of the age required for use of any amenity areas or specific amenities.

• You must obtain advanced permission from us for any Visitor use of the amenity areas of the Property, unless you identified the individual as an additional Visitor during the booking process.

• Unless otherwise posted, consumption of alcoholic beverages is prohibited in all amenity and common areas of the Property.

It is understood and agreed that by signing this Agreement and/or making payment for your reservation, you shall have acknowledged and consented to all terms and conditions of this Agreement on behalf of yourself and those in your party.

ENTIRE AGREEMENT

This Agreement, our Terms of Use, our Privacy Policy, the Community Rules and all rules, terms and other documents incorporated by reference herein, including the terms included on the booking page for the applicable Property on our website or the Third-Party Booking Channels where the Property is listed, constitute the sole and entire agreement between you and us regarding your booking and stay at our Property and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and us regarding your booking and stay at our Property.

DEFINITIONS

“Affiliate” means, with respect to any party hereto, any Person that directly, or indirectly through one or more intermediaries, Controls, or is Controlled by, or is under common Control with, such party hereto, whether such Person is now in existence or hereafter formed.  The term “Control” means any of (A) the possession, direct or indirect, of the power to direct or cause the management and policies of a Person and (B) ownership of more than fifty percent (50%) of the capital stock of a Person or, in the case of a non-corporate Person, an equivalent interest.  The term “Person” means an individual, partnership, corporation, limited liability company, unincorporated organization, association, trust, joint venture, joint stock company, a governmental agency (or political subdivision thereof) or any other entity.

SCHEDULE 1 – CONTRACTING ENTITY

Depending on the location of the Property and the nature of your reservation, the following Kasa entity will be the supplier of the services provided by us and the entity with whom you have contracted (“Contracting Entity”):

If you have signed a separate lease agreement with us, or if your reservation was booked pursuant to a Corporate Rate Agreement or Group Sales Agreement, the Contracting Entity is the Kasa entity specifically designated as the contracting entity in that agreement.

If you have not signed a separate agreement with us, the Contracting Entity is Kasa Living, Inc., a Delaware corporation, unless otherwise set forth below:

• For reservations at any Property managed by Kasa in the state of Georgia, the contracting entity is KL Atlanta LLC, a Delaware limited liability company qualified to do business in the state of Georgia.

• For reservations at any Property managed by Kasa in the state of Maryland, the contracting entity is KL Maryland LLC, a Delaware limited liability company qualified to do business in the state of Maryland.

• For reservations at any Property managed by Kasa in the state of New York, the contracting entity is KL New York LLC, a Delaware limited liability company qualified to do business in the state of New York.

• For reservations at any Property managed by Kasa in the state of Virginia, the contracting entity is KL Arlington LLC, a Delaware limited liability company qualified to do business in the state of Virginia.

• For reservations at any hotel or multi-family Property managed by Kasa in the state of Florida, the contracting entity is KL Florida LLC, a Delaware limited liability company qualified to do business in the state of Florida.

• For reservations at any single-family home Property managed by Kasa in the state of Florida, the contracting entity is KL SF Manager FL LLC, a Delaware limited liability company qualified to do business in the state of Florida.

• For reservations at the following Properties managed by Kasa: The Niche Hotel, The Catrina Hotel, and The Row Hotel, the contracting entity is KL Cali Hotels LLC, a Delaware limited liability company qualified to do business in the state of California.

• For reservations in units managed by Kasa at The Addison in San Francisco, California, the contracting entity is Kasa Management Services, Inc., a Delaware corporation qualified to do business in the state of California.

• For reservations at The Hotel Castro in San Francisco, California, the contracting entity is 4230 18th Management LLC, a Delaware limited liability company qualified to do business in the state of California.

• For reservations at La Monarca Hotel in San Francisco, California, the contracting entity is 717 Sutter DW LLC, a Delaware limited liability company qualified to do business in the state of California.

• For reservations in units managed by Kasa at 385 S Manchester Ave, Orange, California, 92868, the contracting entity is AOC Living, LLC, a Delaware limited liability company qualified to do business in the state of California.

• For reservations at any Property managed by Kasa in the City of Chicago, Illinois, the contracting entity is Kasa Chicago LLC, a Delaware limited liability company qualified to do business in the state of Illinois.