Lister Agreement
Introduction
1. Before listing a space, you must agree to the terms of the Lister
Agreement in
addition to the General Terms and Conditions (collectively “Terms”). These
Terms
apply to the native application, web application, and/or website of Pied Parker, Inc.
(the “App”), or services, products, features, content, or applications provided in
connection with the App (the “Service”) provided or arranged by Pied Parker, Inc.
(the “Company,” “we,” “us,” or “Pied Parker”; possessively “our”) to or for you, the
recipient of the Services (the “Lister,” “you,” “yours,” or “yourself.”). These additional
terms and conditions of the Lister Agreement apply to those who own or operate
one or more parking spaces (a “Lister” of one or more “Parking Spaces” or “Parking
Spots”).
2. Please note that these terms under the Lister Agreement do not apply to the use by
third parties of the Parking Space itself. The terms detailing the licensing of a
Parking Space by a Lister to such third party vehicle owners or operators (“Parkers”)
are contained within the Parker-Lister License Agreement.
3. The App is merely a venue in which a listing User (“Lister”) may publicize an
available
Parking Space, and a parking User (“Parker”) may seek an available Parking Space
along with service(s) to facilitate transactions between the Listers and Parkers. Use
of a Parking Space occurs for a fixed duration of time (a “Parking Period” or
“Reservation”), as denoted by “check-in” and “check-out” for hourly, daily, weekly,
and flat rate occupancy. “Check-out” corresponds with the time in which the Parker
agrees to depart a listed Parking Space.
4. IT IS YOUR RESPONSIBILITY TO UNDERSTAND THE LAWS, POLICIES, AND
REGULATIONS IN YOUR JURISDICTION, CITY, STATE, AND ANY APPLICABLE FEDERAL
LAWS, YOUR HOMEOWNER’S ASSOCIATION, RENTAL AGREEMENT, AND OTHER
PROPERTY LIMITING INSTRUMENTS, WHICH MAY RESTRICT OR PROHIBIT YOUR
ABILITY TO OFFER PARKING SERVICES PURSUANT THE APP OR THE SERVICE; LISTERS
SHOULD REVIEW THESE BEFORE LISTING PARKING SPACES THROUGH THE APP.
General
1. If you wish to list a Parking Space through the App, you will be able
to do so by
navigating to the “Your Spaces” tab from the main menu and select the icon. This
platform for advertising your Parking Space provides information to prospective
Parkers who may wish to use the Parking Space. Follow the steps for entering
information and then submit this information to present your Parking Space for
approval. WE MAY ATTEMPT TO VERIFY YOUR RIGHT TO LIST A PARKING SPACE BY SENDING YOU A
MESSAGE ELECTRONICALLY OR BY POSTAL MAIL WITH AN
ACTIVATION CODE.
2. You will be compensated for use of your Parking Space through the App. Pied
Parker is entitled to a portion of the fees collected from Parkers. For more
information, see “Payment.”
3. Parkers will be able to book your Parking Space(s) based on the information
provided in your listing. As a Lister, you represent and warrant that you own the
Parking Space or that you are authorized to allow third parties to use the Parking
Space and, where necessary, you have permission from your landlord, tenant,
homeowner association, condominium association (or other persons who control
any part of the property of which the Parking Space is a part) to do so. If you are in
any doubt you should check the terms of your lease (or sublease), freehold title,
mortgage, deed of trust, condominium documents or any other documents of
record to ensure that you are able to grant a license to use your Parking Space in
the manner envisaged by this agreement and the Parker-Lister License
Agreement.
4. As a Lister, you represent and warrant that you have legal right and authority to
publicize, list, license, and receive income for any Parking Space in which your
Account references on the App or in connection with your use of the Service and to
subsequently transact with a Parker. For more information, see “Lister
responsibilities.”
5. If you choose to use the App and the Services, you do so at your sole risk. You
acknowledge and agree that Pied Parker does not have an obligation to conduct
background checks on any Parker or associates of any Parker. We make reasonable
efforts to verify the eligibility of our Parkers, but cannot protect against Parkers who
provide false information, or who subvert security measures.
6. You are responsible for any taxes or duties associated with your share of the
sale of
the services and reservations, including any related penalties or interest. You are
also responsible for taxes related to income generated from referral fees
(collectively “Taxes”). Referral amounts may be included on monthly summaries
sent to the email you listed at registration. For more information on taxes, see
“Taxes.”
7. For security purposes, we cannot permit any registered sex offender to list a
Parking
Space.
Payment
1. You agree that the App and the Service have value, and that,
consequently, you
agree that Pied Parker is entitled to a percentage of any transaction facilitated by
through the App or the Service.
2. The current percentage withheld by Pied Parker
is twenty-five percent (25%) of each
total transaction between each Lister and Parker, notwithstanding any applicable
promotional rate. Company may change this percentage at any time; we will notify
you and provide a link to to revised Terms. You additionally agree that if you
transact a contract for a Parking Space originally discovered via the App, but
transacted outside of the App, that you will remit to the Company twenty-five
(25%)
of the transaction, plus any fees or costs associated with Company seeking and
collecting such compensation.
3. We do not guarantee any fixed income as we cannot control the demand for your
Parking Space(s). Earnings may depend on Parking Space location, the condition of
your driveway, the rate you choose for your Parking Space, proximity to places of
business, major events, user feedback, and/or the like. For more information about
attracting more Parkers to your Parking Space(s), please visit our FAQ.
4. Earnings may be viewed within the App. Navigate to the “Listings” tab from
the drop
down menu and click through. Select the “Earnings” tab from the bottom of the
“Listings” page. This page should include recent earnings by date, time, dollar
amount, and Parking Space. If, for some reason, your Earnings are not listed, please
contact hello@piedparker.com.
5. You acknowledge that your Account will be credited within a reasonable time
after a
Parker checks out of your Parking Space based upon the number of minutes, hours,
days, weeks or months, that the Parker occupies the Parking Space from check-in
to the later of check-out or physical departure, based on the rate you specified for
your Parking Space, any overage charges, and the value owed to Pied Parker
consistent with the Terms. You agree to accept any delay in payment if a Parker’s
Account does not have sufficient credit to pay agreed to charges; the transaction’s
credit will not be available to our Account until the Parker adds enough credit to pay
in full all agreed to charges consistent with the Terms.
6. TRANSFER OF FUNDS. Pied Parker uses secure third party payment systems. In
order to receive funds generated from your listed Parking Spaces, your bank
account information must be submitted and verified by the secure third party
payment system. The App may provide one or more ways for you to provide this
information, including, but not limited to, a package with property verification at
your listed address, or other secure means of verification. You agree that our third
party payment systems are the only means of accepting payment, and Pied Parker is
not required to accommodate you by way of facilitating an alternate means of
payment.
7. If funds from reservations from one or more of your Parking Spaces have not
transferred to your bank account after four days have elapsed, please visit the FAQ.
If your issue has not been resolved, please contact hello@piedparker.com.
Cancellation and Refunds
1. Before the commencement of a Scheduled Reservation, you may
remove your
Parking Space from availability, but a fee may be applied to your account. During a
daily Scheduled Reservation, it may be impossible for the Parker to retrieve the
Parker’s vehicle until after the end of the daily Scheduled Reservation. Once you
have removed a listing, a Parker currently booking the Parking Space will be unable
to extend their stay beyond the scheduled check-out time in the case of Scheduled
Reservations or 24 hours in the case of On-Demand, unless, before the check-in
time, you had previously indicated a limit on the time period available for parking.
2. If you attempt to cancel a current reservation before the check-out time,
you may be
liable for any reasonable associated costs, charges, damage, and liability including
that which the Parker incurs for having to make alternative parking arrangements.
In some examples, if the Parker has to book an alternative spot at a higher cost,
you
may be held responsible for payment of the difference in the cost.
3. Other cancellation policies regarding listing and parking are included in
“Cancellations and Refunds” of the General Terms and Conditions.
Lister Responsibilities
1. You will be required to complete your own listing for the
App. In your listing you
agree to provide all relevant information about the Parking Space which may
include, but is not limited to:
a. the address of the Parking Space or a geographic location, including
latitude
and longitude coordinates;
b. a name for your Parking Space;
c. a size of the Parking Space, including whether, for instance, the Parking
Space is Full Size or Compact;
d. type of spot, including whether the Parking Space is a Driveway or
Carport;
e. an hourly rate;
f. dates and times of availability on a weekly/monthly basis;
g. one or more photos;
h. any restrictions on the types of vehicles for which the Parking Space is
suitable; and
i. any other information or restrictions which apply to the Parking Space which
a Parker should be aware of before booking the Parking Space included in
the “Notes” section.
2. Upon providing this information, you will be asked whether you have the right
to list
the Parking Space. If you select “Yes,” you, as a Lister, represent and warrant
that
you have legal right and authority to publicize, list, license, and receive
income for
any parking space in which your Account references on the App or in connection
with your use of the Service and to subsequently transact with a Parker. If we
request you to verify that you have the right to list a space, you must comply
with
the verification procedure in order to proceed with listing a Parking Space.
3. You are responsible for the accuracy of all information in your
listing and any
information you provide to us in relation to a booking, including, but not
limited to,
the location of the pin that identifies the location of your Parking Spot on the
map
included within the App. You may be liable to the Parker pursuant the
Parker-
Lister License Agreement or Pied Parker if the information you
provide is
inaccurate, incomplete, or misleading in any way, including misrepresentation
that
you are authorized to list your Parking Space with Pied Parker. Your liability
may
include any reasonable losses incurred by a Parker as a result of such
inaccurate,
incomplete, or misleading information provided by you and you may be ordered to
pay reasonable damages on the basis of misrepresentation, breach of contract or
otherwise.
4. You may be required to describe your Parking Spot and everything in
the immediate
vicinity carefully and accurately to avoid vehicle and property damage in the
“Notes”
section.
5. Parking Spaces must comply with the standards outlined in our
“Condition of
Parking Spaces” included below. You agree to provide easy ingress into and
egress
out of the Parking Space at all times during the parking period and maintain all
Parking Spaces in a reasonably clean state, free of debris, ice, snow, water,
trash, or
any other obstructing material. When snow accumulates to two inches or more on
the Parking Spaces, you shall be responsible for plowing and removal of such
snow
during the parking period.
6. You accept responsibility for any liability or cost associated with
intentional or
accidental publicizing of a parking space in which you do not have legal rights
to
transact with a Parker. Similarly, you commit that any parking space you
publicize
does not violate any local, state, or federal law. You agree that if you, or any
member of your household, promptly or knowingly allow the towing of a Parker at
or before the agreed upon time to vacate a parking space, that you will be
responsible for damages caused to the Parker. For obligations regarding
“Overstaying and Towing” and “Indemnification,” please see our policy below.
7. We respect the privacy of our Parkers and their associates. We do not
provide any
contact information of the Parkers and their associates to you or other Listers
UNLESS a Pied Parker in-app messaging system enables the Parker to communicate
with the Lister. Content in the messaging system is for talking about the
Parking
Space ONLY. Listers may opt-out of allowing conversation. We ask that you, the
Parker, refrain from attempting to contact Parkers directly and their associates
through means other than through an in-app messaging system unless there are
exigent circumstances, such as a hazard or other condition of which a Parker
should
6
be aware. If you believe you need to contact the Parker regarding a hazard and
are
unsure about our policies, please contact us at hello@piedparker.com.
8. You may not seek to adjust the Terms of a transaction that has been
processed.
9. If the Listing for your Parking Space is made available, you
acknowledge and agree
that a Parker may book your Parking Space without further input from you, the
Lister. You therefore may not discriminate against Parkers on any basis.
10. We recommend that Listers obtain appropriate insurance for their
property. Please
review any insurance policy you may have for your property carefully, and please
make sure you are familiar with and understand any exclusions thereof, and any
deductibles that may apply for such insurance policy, including, but not limited
to,
whether or not your insurance policy will cover damage caused by Parkers and any
accompanying vehicle occupants.
11. You, the Lister, may not, through action or inaction, do anything
that puts a Parker,
any of Parker’s vehicle occupants, or a Parker’s vehicle, at risk of harm. You
may not
cause any damage to the Parker’s vehicle and you agree that you are solely
responsible for any damage you do cause. For policies regarding
“Indemnification,”
please see our policy below.
Condition of Parking Spaces/Damages to Parked Vehicles
1. Parking Spaces must have easy ingress into and egress
out of at all times during the
parking period. Parking Spaces must be reasonably clean and free of of
debris, ice,
snow, water, trash, or any other material of any kind that may obstruct or
render
the Parking Space unsafe to enter, exit, or otherwise navigate. If any
damage is
caused to a Parker’s vehicle during a reservation due to your failure to
maintain
parkable conditions of your Parking Space and/or surrounding area, you may
be
liable for the damages caused as the result of your actions or failure to
act.
2. If one or more Parking Spaces becomes unreasonably difficult in
which to park a
vehicle due to forces beyond your control, you should promptly change the
availability of such Parking Spaces accordingly.
3. Any vandalism or other reported illegal act regarding the
reservation of a Parking
Space is prohibited and should be reported to local authorities.
Damages Caused by a Parker
1. Parkers are responsible for leaving the Parking
Space in the condition it was in when
the Parker arrived. Should a Parker damage any property, they are
responsible for
the cost of replacing or repairing the damaged property.
2. If you believe that a Parker has caused damage to your
Parking Space, other than
from ordinary wear and tear, please follow the instructions of any
applicable
insurance policy, e.g., your homeowner’s insurance, regarding protocol
of reporting any claim, and report the incident immediately. We also ask
that you please report
the incident, including the following details to legal@piedparker.com:
a. the date and time of the incident;
b. details you have available regarding the incident;
c. any pictures or documentation you have regarding the incident,
including,
but not limited to, any police report;
d. any homeowners insurance or related policy you have that may provide
coverage for the incident; and
e. any other information that may be required to pursue a claim with an
insurance agency.
3. If you believe your Parking Space has been damaged by a Parker, you
must take
reasonable steps to protect the property from further damage.
4. If you believe your property has been vandalized, or that you
have been the victim
of another crime, please contact local law enforcement of your
jurisdiction
immediately.
Price Corrections
1. You are generally responsible for setting the
price associated with your Parking
Spot(s). Company may, in its discretion, adjust prices when it deems
it necessary,
including for instance, if the price is too high relative to other
prices in the general
area.
2. Company does not coordinate agreements to fix prices
between Listers, but may
adjust prices for quality assurance purposes. Listers are prohibited
from
coordinating with other Listers to agree upon a price. Such
agreements are unlawful
and are a breach of this Agreement.
Overstaying and Towing
1. If a Parker overstays an agreed-upon
check-out time or is otherwise still occupying
the Parking Spot, the Parker may be subject to additional fees,
higher rates, and/or
towing. Parkers agree that they may be charged an additional fee
with an increased
rate of up to three to eight times the agreed-upon rate for time
overstayed, of which
Pied Parker will be entitled to twenty-five percent (25%) share,
or a lesser rate
depending on any promotional offer. Fee caps may be placed on
multiplied
amounts in order to reduce fees.
2. You, the Lister, may have a Parker who has stayed
beyond the Parking Spot
availability and/or their reserved time; in such case, you agree
that we may, at our
discretion, institute a fee of increased parking rate to be
charged to any Parker who has stayed beyond the Parking Spot
availability or their reserved time. If you intend
to tow a Parker’s occupying vehicle, we ask that you wait AT
LEAST ONE HALF HOUR
AFTER THE END OF THE RESERVED TIME BEFORE TOWING, and also
please notify us
by sending us an email at hello@piedparker.com
including your name, address,
phone number, details of the overstaying Parker, and any
evidence you may have,
including, for instance, time-stamped photographs.
3. Upon receiving the email, Pied Parker will utilize
reasonable efforts to contact the
overstayed Parker to move the vehicle and send back a
notification confirmation to
the Lister if the Parker fails to move the vehicle within a
reasonable time.
Messaging systems may also be made available so that you can
contact the Parker
directly.
4. Pied Parker is NOT RESPONSIBLE FOR TOWING PARKERS.
Responsibility for towing
lies solely with you, the Lister of the Parking Space. It is
your responsibility to follow
the laws of towing of your jurisdiction, including following
federal, state, and local
laws, if and to the extent local laws are applicable.
5. General Guidelines. NOTE: YOU ARE
RESPONSIBLE FOR KNOWING THE LAWS
APPLICABLE IN YOUR JURISDICTION. THESE GUIDELINES SHOULD NOT BE
CONSTRUED AS OR BE A SUBSTITUTE FOR LEGAL ADVICE.
a. Written Authorization. In many
jurisdictions, the Lister (or Lister’s agent)
must provide written authorization before a towing company may
remove or
commence removal. Subject to numerous exceptions, the Lister
must be
present at the time of removal and verify the alleged violation.
b. You should also review the terms of any applicable lease
agreement you
have for the property including the Parking Space for any
provisions
regarding towing.
c. Signs. Signs of a certain size and
accompanying written description may be
required for Parking Spaces not within a lot or parcel of a
single-family
residential property. There may be some exceptions for vehicles
that have
occupied a Parking Space for a threshold period of time (e.g.,
24 hours).
d. Notifying local law enforcement. The
Lister may be required to notify local
law enforcement of the tow within one hour usually by the most
expeditious
means available. In some cases, failing to notify law
enforcement may even
result in a criminal penalty.
6. If a Parker is improperly towed, you shall be responsible for
any legal violations or
charges associated with an improper tow.
7. If a Parker falsely claims to check-out of a parking
space when the vehicle remains in
occupation of a same Parking Space, then please send an email to
hello@piedparker.com,
including details of the overstaying Parker, and any evidence
you may have, including, for instance, time-stamped photographs.
Indemnification
1. In addition to the “Indemnification” of the General Terms and Conditions, you agree to defend, indemnify, and hold harmless Pied Parker, its affiliates, and their respective officers, directors, managers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from your actions or omissions in relation to the Services, the App, and leasing the Parking Space, including, but not limited to, your summoning of towing services. This defense and indemnification obligation will survive this Agreement and your use of the App and the Service. This indemnity provision shall not apply to liability arising out of Pied Parker’s gross negligence or willful misconduct.
Appointment as Agent
1. You appoint us as your agent for
the purposes of forming binding agreements
between you, the Lister, and the Parker to whom you
agree to grant a license to use
the Parking Space. You also appoint us to collect all or
part of your license charges
from the Parker.
2. You may not incorporate any additional terms
into the Parker-Lister License
Agreement other than the restrictions
clearly included in your listing. You agree not
to propose to any Parker additional terms or amendments
to the Parker-Lister
License Agreement after a booking has been
made without our consent. The
Parker is not obliged to accept any further terms once
we have accepted a booking
on your behalf.
False Booking or Money Laundering
1. In addition to the other provisions of this agreement, you agree that you will not create any false account with Pied Parker or use your account with Pied Parker for any immoral or illegal activity or purpose including, but not limited to, malicious or fraudulent bookings or money laundering.
Violations
1. Your account will be subject to suspension or termination if you violate the terms. You will not be refunded for any pending reservations for violations and your account history may be reviewed.
Taxes
1. Tax regulations may
require us to collect appropriate tax
information from our
Users, or to withhold taxes from payouts to
Users. For instance, IRS regulations may
require that we collect an IRS Form W–9 from
certain US Users, and an appropriate IRS
Form W–8 (e.g. Form W–8BEN) from certain
non-US Users, especially ones with
at least one Listing in the United States.
2. Listers are solely responsible
for keeping the information in their tax
forms current,
complete, and accurate. If you as a Lister
fail to provide us with documentation that
we determine to be sufficient to alleviate
our obligation (if any) to withhold taxes
from payments to you (e.g., if you are a
Lister within the United States and you fail
to provide us with a completed IRS Form W-9
that ), we reserve the right in our sole
discretion to freeze all payouts to you
until resolution, to withhold such amounts
as
required by law, or to do both.
3. Depending on the governing
jurisdiction, Listers may be required to pay
additional
parking provider taxes in addition to
ordinary income taxes for revenue generated
from listed Parking Spaces. Please check
your local, state, and federal tax laws for
further information.
4. Unless otherwise stated, you are
responsible for any taxes or duties
associated with
your share of the sale of the services and
reservations, including any related
penalties or interest.
5. Payment for your share will not
include any reduction for Taxes. If Pied
Parker is
obliged to collect or pay Taxes, the Taxes
will be invoiced to you. Upon receiving an
invoice, you may provide Pied Parker with a
valid tax exemption certificate
authorized by the appropriate taxing
authority or other documentation providing
evidence that no tax should be charged. If
you are required by law to withhold any
Taxes from your payments to Pied Parker, you
must provide Pied Parker with an
official tax receipt or other appropriate
documentation to support such payments.
6. You are also responsible for
taxes related to income generated from
referral fees
(collectively “Taxes”). Referral amounts may
be included on monthly summaries
sent to the email you listed at sign-up.
7. Nothing in this section should be
construed as tax advice or legal advice, and
should
not be taken as to apply to any individual
case or situation. We recommend that
you seek tax advice from your own tax
adviser.
The Lister Agreement is Not Legal Advice
1. Nothing in the
Agreement should be construed as tax
advice or legal advice, and
should not be taken as to apply to any
individual case or situation.
2. The information contained in
the Terms is not intended to create, and
receipt or
reading of these Terms does not
constitute, an attorney-client
relationship.
3. Each of the parties
encouraged to contact an attorney for
legal advice concerning
any tax information, or any other legal
matter arising from use of the App or
the
Service.
Entire Agreement; Modifications
1. This
Agreement OVERRIDES AND REPLACES all
prior negotiations and terms
proposed or discussed, whether in
writing or orally, about the subject
matter of the
Terms.
2. This agreement supersedes
all prior agreements between the
Parties with respect
to the subject matter and
constitutes, along with the
General Terms and
Conditions and any
applicable promotional offer(s), a
complete and exclusive
statement of the terms of the
agreement between the parties with
respect to its
subject matter.
3. Company may, in its sole
discretion and without prior notice,
(a) revise these Terms;
(b) modify the App and/or the
Service; and (c) discontinue the App
and/or the
Service at any time. Company shall
post any revision to these Terms to
the App, and
the revision shall be effective
immediately on such posting.
4. You agree to review these
Terms and other online policies
posted on the App, which
will be updated periodically. You
agree that, by continuing use or
access of the App
or the Service, following any notice
of such revisions, you shall abide
by the updated
Terms. Changes are effective
immediately, but do not apply
retroactively.
