Terms and Conditions
1. Terms and Conditions of Service
Please read these Terms and Conditions of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Housing To A Tee Platform (as defined below), you agree to comply with and be bound by these Terms. Last Updated: 08.02.2021
Thank you for using Housing To A Tee! These Terms constitute a legally binding agreement (“Agreement”) between users and CPR and Co., a Georgia domestic profit corporation d/b/a Housing To A Tee (“HTOAT”) governing the access to and use of the Housing To A Tee website, through which HTOAT makes its services available (the, “Site”) and all associated services provided by HTOAT (collectively the, “HTOAT Services”). The Site and HTOAT Services together are hereinafter collectively referred to as the “HTOAT Platform”. The HTOAT Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book Masters® housing. Members who list and offer housing are “Owners” and Members who search for, and book housing are “Renters.” You must register an account to access and use many features of the HTOAT Platform and must keep your account information accurate. HTOAT is not a party to the contracts concluded directly between Owners and Renters, nor is HTOAT a real estate broker or insurer.
1.1) In order to access and use the HTOAT Platform you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the state and country you are established and able to enter into legally binding contracts.
1.2.) HTOAT is not responsible for any misinformation provided to it by either Renter or Owner, or for any breach by either party of the covenants, conditions or provisions of this Agreement. HTOAT and its employees are acting solely as intermediaries between Owners and Renters, and shall receive a fee, paid by Renter for its services in securing housing accommodations in a local residency (the “Premises”) from Owners on Renter’s behalf.
1.3) In the event, HTOAT secures housing accommodations on Renter’s behalf, Renter agrees to pay HTOAT an agency fee at the rate of eight percent (8%) of the rental price negotiated between Renter and Owner for use of the Premises (“Agency Fee”).
1.4) HTOAT reserves the right to require Renter to pay a non-refundable deposit of Five Hundred and 00/100 Dollars ($500.00) prior to using HTOAT Services (“Service Deposit”). If Renter agrees to use the accommodations secured by HTOAT, the Service Deposit shall be applied towards the balance of the Agency Fee owed to HTOAT.
1.5) For use of the HTOAT Platform, HTOAT reserves the right to charge Owners a non-refundable listing fee in the amount of Fifty and 00/100 Dollars ($50.00) per property listed by Owner on the HTOAT Platform (“Listing Fee”). Owner acknowledges and agrees that the payment of the Listing Fee does not guarantee that an Owner’s property will be rented, nor does the payment of the Listing Fee obligate HTOAT to list and market Owner’s property on the HTOAT Platform.
1.6) HTOAT reserves the right, in its sole and absolute discretion and for any reason, to refuse or reject an Owner’s property from being listed on the HTOAT Platform.
1.7) HTOAT reserves the right to modify these Terms at any time in accordance with this provision. If HTOAT make changes to these Terms, HTOAT will post the revised Terms on the HTOAT Platform and update the “Last Updated” date at the top of these Terms.
1.8) When applying for HTOAT Services through the HTOAT Platform, Members shall (i) provide complete and accurate information about housing and requests for housing accommodations (such as length of required/desired stay, number of occupants), and (ii) provide any other pertinent information requested by HTOAT. Members are responsible for keeping their information up-to-date at all times.
1.9) Renter(s) acknowledge that if a Premises identified by HTOAT on Renters’ behalf under this Agreement is rented by said Renter in the future, without the express written agreement of HTOAT, then Renter shall owe to HTOAT the same Agency Fee as paid under this Agreement each year that the rental is in effect. Also, Owners hereby grant HTOAT the first right of refusal to rent the Premises to Renter for the week of the following year’s Masters® Tournament and/or Augusta National Women’s Amateur®.
1.10) The undersigned parties agree that any negotiations and discussions related to the initial and any subsequent terms relating to rental agreements are coordinated through HTOAT , unless an exception is made herein and/or express written permission is given by HTOAT.
2. Indemnification
2.1) To the maximum extent permitted by applicable law, Renter and Owner agree to release, defend (at HTOAT’s option), indemnify, and hold HTOAT and its affiliates and subsidiaries, including but not limited to, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) a Member’s breach of these Terms, (ii) a Member’s improper use of the HTOAT Platform or any HTOAT Services, (iii) Renter’s interaction with any Owner, including the use of a Owner’s Premises, including without limitation any damages, and liabilities to persons or property or by reason of a breach by the Renter of the terms, conditions, and covenants contained herein (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) a Member’s breach of any laws, regulations or third party rights.
3. Applicable Law and Jurisdiction
3.1) These Terms will be interpreted in accordance with the laws of the State of Georgia and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Mediation Agreement pursuant to Section 3 herein must be brought in state or federal court in Augusta, Georgia, unless both parties agree to some other location. You and HTOAT both consent to venue and personal jurisdiction in Augusta, Georgia.
3.2) Any controversy or claim arising out of or in relation to this Agreement, or the breach thereof, shall be submitted by the parties to binding alternative dispute resolution before a mediator agreed upon by the parties in Augusta, Georgia (“Mediation Agreement”). If the parties cannot agree upon a settlement after the mediation, then the mediator may make an award to either party which shall be binding upon both parties. A judgment on the award of the mediator may be entered in any court of competent jurisdiction in Augusta, Georgia.
3.3) Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between HTOAT and Member pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between HTOAT and Member in relation to the access to and use of the HTOAT Platform.
3.4) No joint venture, partnership, employment, or agency relationship exists between Members and HTOAT as a result of this Agreement or Members’ use of the HTOAT Platform.
3.5) These Terms do not and are not intended to confer any rights or remedies upon any person other than HTOAT and Member.
3.6) If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
3.7) HTOAT’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HTOAT in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
3.8) Members may not assign, transfer or delegate this Agreement or any of the rights and obligations hereunder without HTOAT’s prior written consent. HTOAT may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice.
3.9) Unless specified otherwise, any notices or other communications to Renter permitted or required under this Agreement, will be provided electronically and given by HTOAT via email.
3.10) If you have any questions about these Terms please email us.