SetVenue Property Owner Agreement
Last updated: 2026-05-26 Effective date: 2026-05-26 Version: v5.1-FINAL (V7.1 fixes applied: Damage Hold multi-touch notice + extension right at § 8.3; severability consolidated to ToS § 19.11 at § 14; V7.3.5 audit-fix pass 2026-05-26: Founding Host restored, insurance "strongly encouraged," §6.1 30-day notice, plus HIGH/MED audit fixes; V7.3.5 ultra-audit polish: §13 § 1668 indemnity carve-out, §3.1 license grant conformed to ToS §6.4, §3.3 added to §12.4 Survival, §8.4 cap addendum carve-out dropped, §14 insolvency direction clarified, §4.3 federal-statute pinpoints) Companion references: V5 Drafting Commentary, V5 Case Law Appendix, V5 Statutory Appendix, V5 Defined Terms Registry, V5 Conflicts & Hierarchy Matrix, V5 State-Specific Addenda, V7.1 Fixes Memo, V7.2 Cascade Audit
Plain-English Summary
This Property Owner Agreement is the contract you sign when you list your property on SetVenue. It sits alongside the SetVenue Terms of Service and governs your responsibilities as a Host.
You must own the property or have written authority to license it for short-term commercial use, and you must have any HOA, lender, lessor, or building-management consents in place. You are responsible for compliance with zoning, permitting, fire-and-safety, and short-term rental laws in your jurisdiction. Your Listing must be accurate, including a fair description of physical accessibility features. You may not unlawfully discriminate, including under the Unruh Civil Rights Act, the Fair Housing Act, and the ADA.
SetVenue strongly encourages you to carry general-liability insurance with at least a $1,000,000 per-occurrence floor that covers commercial short-term use of your property. SetVenue is not your insurer and does not back any payment guarantee or host-protection program. Hosts who choose not to carry general-liability insurance bear personal financial responsibility for any incident arising out of or related to commercial use of the Listing. The Damage Hold workflow is operational tooling, not insurance. Money does not move from the Guest's card unless the Guest clicks "Accept" — there is a hard $25,000 platform-wide ceiling per Booking.
If your venue includes any device that records audio or video, you must disclose it in your Listing and post on-site signage; never record in private spaces. Bathrooms, dressing areas, and sleeping areas are off-limits to recording, full stop. Failure to disclose can give the Guest the right to terminate the Booking with a full refund and to pursue you under Cal. Pen. Code § 632 directly.
SetVenue charges transactional fees only, and only to the Guest. You keep 100% of your listed rate — no Host Commission. SetVenue's revenue per Booking is a Guest Service Fee added to the Guest's checkout total at one of three rates: Standard (10%), Founding Host (8%, applied automatically on Listings approved within the first fifty (50) approvals on the Platform, for 24 months following each such Listing's approval date), or Verified Corporate (6%, when the Listing is opted into Corporate use and the Guest has completed server-side corporate verification, OR when the Booking total is $5,000 or more). Tier priority: the lowest applicable Guest Service Fee wins. Stripe processes payouts under the destination-charge model. The non-circumvention rule charges a 5% finder's fee on Off-Platform Bookings completed within 12 months of the Platform introduction.
This summary is provided for convenience only. The numbered sections below are the operative legal text and control in any conflict.
1. Agreement Overview
This Property Owner Agreement ("Agreement") is entered into between Set Venue LLC ("SetVenue," "we," "us," or "our") and the individual or entity creating or holding a Host Account on the Platform ("Host," "you," or "your"). This Agreement governs your use of the Platform as a Host — including listing your property, receiving Bookings, processing payouts through Stripe Connect, participating in the Damage Hold facilitation workflow, and your obligations under the Non-Circumvention provisions.
Capitalized terms used but not defined here have the meanings given in the SetVenue Terms of Service ("ToS") at /legal/terms, which is incorporated by reference and forms part of this Agreement. In the event of a conflict between this Agreement and the ToS, the ToS controls unless this Agreement expressly states otherwise.
By creating a Host Account, publishing a Listing, clicking to accept this Agreement, or otherwise using the Platform as a Host, you agree to be bound by this Agreement and the ToS. All click-to-accept controls are unchecked by default; acceptance is recorded only by your affirmative action and is logged with timestamp, IP address, user-agent, and version identifier.
SetVenue is a marketplace facilitator and operations platform — not an insurer, property manager, guarantor, or party to any Booking. See ToS §5 for the full posture statement.
Host / Property Owner synonymy. For purposes of this Agreement, "Host" and "Property Owner" are synonymous and include any party meeting the §2 authority test (including property managers, lessees with subletting rights expressly permitting commercial use, and authorized agents under power of attorney), even if not the title-holder. The document title "Property Owner Agreement" is retained for SEO and reader-recognition purposes; the operative defined term throughout the body is "Host."
Defined-term primer. "Listing" means each property page published on the Platform. "Property" (or "your property") means the physical real property associated with a Listing. Capitalized terms used in this Agreement and not defined herein have the meanings given in the ToS.
Not a real-estate broker; not a property manager. SetVenue does not negotiate the terms of any Booking, does not solicit Hosts on a fiduciary basis, and does not act as a real-estate broker or property manager under Cal. Bus. & Prof. Code § 10131 or analogous laws of other jurisdictions. Listings, pricing, availability, content-type opt-ins, House Rules, and Booking-acceptance decisions are entirely Host-controlled. SetVenue's role is limited to operating the Platform and facilitating payment, all without acting in a fiduciary capacity.
2. Eligibility & Authority
To list a property on the Platform as a Host, you must:
- Meet the eligibility requirements in ToS §3 (age 18+, legal capacity, U.S. residency or entity formation, no prior suspension);
- Own the listed property, or hold documented written authority from the owner — such as a property management agreement, a lease with subletting rights expressly permitting commercial use, or a power of attorney — authorizing you to license the property for short-term commercial use and for the content types you select on the Listing;
- Have obtained all consents required by any HOA, condominium association, building management, mortgagee, ground lessor, or other party with a controlling interest in the property;
- Comply with all applicable zoning, permitting, occupancy, noise, fire, and short-term rental ("STR") regulations governing commercial use of the property in your jurisdiction; and
- Not be barred from receiving services under applicable U.S. law, including sanctions, export controls, or anti-money-laundering rules.
By publishing a Listing, you represent and warrant that these conditions are satisfied and agree to maintain them throughout the life of each Listing. SetVenue may require documentation of ownership or authority at any time and may delist or suspend pending verification.
Authority documentation. SetVenue may require, as a condition of publishing a Listing or before any Booking confirms, documentation of Host's ownership or right to authorize the property — including a deed, lease, property-management agreement, written consent from the owner, or analogous record. SetVenue may delay or refuse Bookings, or remove a Listing, where Host's authority cannot be verified to SetVenue's reasonable satisfaction.
Identity-theft / impostor-listing protocol. Where SetVenue receives a credible report that a Host's Listing was published without the property owner's authority, SetVenue may immediately suspend the Listing, refund all affected Guests in full from the Host's payout balance (or, if insufficient, from the Connected Account or the Host directly), refer the matter to law enforcement, and terminate the impostor Account.
3. Listing Terms
3.1 Display License
You retain full ownership of your property and of all content you upload to the Platform. By publishing a Listing, you grant SetVenue a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (for formatting and display), publish, publicly perform, publicly display, and distribute your Listing content — including photographs, videos, descriptions, dimensions, capacity details, and House Rules — solely to operate, market, and improve the Platform and your Listing. The license survives Listing removal only to the extent reasonably necessary for caches, audit logs, and dispute records, and is otherwise terminated. This §3.1 mirrors ToS §6.4 and §14.2.
AI/ML carve-out. The license in this §3.1 does not authorize SetVenue to (a) use User content as training data for any third-party generative artificial-intelligence model or (b) license, sell, or otherwise transfer User content to any third party for the purpose of generative-AI training. SetVenue may use de-identified, aggregated User content for internal product improvement (search relevance, fraud detection, content moderation, listing-quality scoring, and similar non-generative ML), but may not license any such use to a third party for generative-AI training without separate, opt-in consent from the User. See ToS § 6.4 for the full definition.
Platform-commissioned media. Where SetVenue (or a photographer commissioned by SetVenue) creates promotional or marketing photographs, videos, or other media at a Listing under a separate written engagement, SetVenue owns those works and may use them for any lawful purpose, subject to the Host's privacy rights and any restrictions in the engagement letter.
3.2 No Transfer of Interest
This Agreement does not transfer title, any possessory interest, or any ownership right in your property to SetVenue. SetVenue is not a party to any agreement between you and a Guest. Your agreement with each Guest is formed directly between you and the Guest; SetVenue facilitates that formation through the Platform.
3.3 Promotional Photo Use
SetVenue retains the right to use photographs you upload for promotional and marketing purposes — including advertising, social media, press, and the SetVenue website — subject to the license in §3.1 and applicable copyright law. You may request that SetVenue cease future promotional use by writing to support@setvenue.com or by toggling the promotional-use control in your Account settings; such request, and any termination of this Agreement, does not apply to materials already distributed or published before SetVenue's reasonable processing of the request or before termination, consistent with §12.4 (Survival).
3.4 Host Control of Listings
You manage your own Listing: property photos, descriptions, pricing, availability calendar, cancellation tier, content-type opt-ins, House Rules, COI requirements, minimum crew-size, and damage-hold settings. SetVenue provides tools to assist; operational choices and their consequences are yours. Changes to a Listing apply to future Bookings only; confirmed Bookings are governed by Listing terms in effect at time of Booking.
4. Listing Accuracy & Content Standards
4.1 Accuracy Representation
You represent and warrant that your Listing is accurate, complete, and not misleading — including all descriptions of the space, photographs depicting current conditions, stated dimensions and capacity, available amenities, parking arrangements, access instructions, and any restrictions on use. Material inaccuracies — including photographs that misrepresent the property's current condition, inflated capacity claims, or undisclosed access restrictions — are a breach of this Agreement.
Photograph authenticity. All Listing photographs must be either (a) taken by the Host, (b) taken by an agent of the Host with documented written assignment of copyright to the Host, or (c) licensed to the Host for Platform use under a written agreement. Use of stock photos, photos of a different property, or photos lifted from another platform's listing without authorization is fraud and may trigger immediate Account termination, refund of all affected Guests, and referral to law enforcement.
4.2 SetVenue's Moderation Rights
SetVenue may, at its discretion and without prior notice, remove, restrict visibility of, or refuse to publish any Listing or content that it reasonably believes (a) violates this Agreement or the ToS, (b) is materially inaccurate or fraudulent, (c) infringes any third party's rights, (d) unlawfully discriminates against Guests, or (e) creates risk of harm to Guests, third parties, or the Platform. SetVenue is not obligated to monitor Listings but may do so. The exercise of moderation discretion in any specific case does not create a duty to monitor or moderate any other Listing. Removal does not waive SetVenue's other remedies for breach.
Listing submission review. Before a Listing is published, SetVenue may apply automated screening (including AI-assisted document and photograph review per the AI/ML Disclosure Policy) to assess accuracy, ownership claims, content-type fit, and platform fit. Publication is at SetVenue's discretion and is not a representation, warranty, certification, or endorsement that any Listing meets any specific quality, legal, insurance, zoning, permitting, or accessibility standard. Publication of a Listing does not constitute apparent approval of the underlying property or Host conduct. The risk of the underlying property and its compliance with applicable law remains entirely with the Host.
4.3 Non-Discrimination
You may not unlawfully discriminate against Guests on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, marital status, familial status, disability, age, source of income, or any other class protected under applicable federal, state, or local law. You may decline Bookings for legitimate, non-discriminatory reasons — such as a content-type opt-out, crew-size cap, insurance minimum, or calendar conflict. See ToS §6.2.
Hosts are independently subject to applicable anti-discrimination laws, including:
- the California Unruh Civil Rights Act (Cal. Civ. Code § 51 et seq.),
- the California Disabled Persons Act (Cal. Civ. Code § 54),
- the New York State and City Human Rights Laws,
- the Illinois Human Rights Act,
- the federal Fair Housing Act (42 U.S.C. § 3601 et seq.),
- Title II of the Civil Rights Act of 1964 (42 U.S.C. § 2000a et seq.),
- and the Americans with Disabilities Act, Title III (42 U.S.C. § 12181 et seq.).
You will not refuse to accept, or impose different terms on, any Guest based on race, color, ancestry, national origin, citizenship, primary language, immigration status, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, age, source of income, genetic information, or disability. You will provide reasonable accommodations to Guests with disabilities and will not impose surcharges for service animals or accessibility-related requests (Cal. Civ. Code § 54.2).
Pattern review. SetVenue may, at its discretion, analyze aggregate decline-rate patterns and may take enforcement action — including Listing removal, Account suspension, or referral to civil-rights enforcement authorities (HUD, CA DFEH/CRD, NY DHR, IL DHR, or analogous) — where patterns indicate unlawful discrimination. SetVenue does not certify any Host's decline pattern as lawful.
4.4 House Rules, COI Requirements, and Mandatory Recording Disclosure
You may post House Rules and Certificate of Insurance ("COI") requirements on each Listing; those terms form part of each Booking and are enforceable against the Guest. You are responsible for ensuring your House Rules comply with applicable law. See ToS §6.3 (content-type opt-ins) and §7.3 (Guest COI obligations).
Mandatory recording disclosure. If your venue includes any device capable of recording audio or video (including security cameras, doorbell cameras, smart speakers, networked sensors, baby monitors, or any analogous device), you must:
- Disclose the existence, location, and recording capabilities of every such device in your Listing description before any Booking is confirmed;
- Post conspicuous on-site signage at all entrances and in any space where recording occurs, in compliance with applicable state notice statutes;
- Never record audio or video in any bathroom, dressing area, sleeping area, or other space where a person has a reasonable expectation of privacy (this restriction is absolute and applies regardless of Guest knowledge or consent);
- Comply with California Penal Code §§ 632 and 647(j) and the corresponding statutes of other states (including but not limited to the all-party-consent states: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, with mixed application in Oregon and Hawaii; state law evolves and Hosts are responsible for confirming current applicable law in each jurisdiction of operation);
- Disable audio recording during any Booking unless all audio recording is disclosed in writing and the Guest's production has confirmed consent of all persons whose voices may be captured.
Strict-liability exposure. Failure to disclose recording is a material breach of this Agreement, may constitute a criminal offense, and may give rise to civil liability under Cal. Pen. Code § 637.2 (up to $5,000 per violation or three times actual damages, whichever is greater) and analogous statutes. SetVenue is not your insurer for these claims; you are personally exposed. (See Cal. Pen. Code §§ 632, 637.2, 647(j); V5 Drafting Commentary, Owner § 4.4; V5 State-Specific Addenda — all-party-consent state list.)
Guest's remedy. Where a Guest discovers an undisclosed recording device at a Listing in violation of this § 4.4, the Guest is entitled to:
- Immediate termination of the Booking with full refund of all amounts paid (Cancellation Policy § 5(e));
- Account-level pursuit of any private right of action against the Host directly; and
- Reporting to SetVenue, which may suspend or terminate the Host Account under § 12.3.
4.5 Accessibility Disclosure
Hosts must accurately describe the property's physical accessibility features in the Listing, including entrance steps or ramps, hallway and doorway widths, restroom accessibility, parking, and any sensory or other accessibility-relevant features. Hosts are independently responsible for compliance with applicable accessibility laws (including the ADA Title III, the California Disabled Persons Act, and the Unruh Civil Rights Act). SetVenue is committed to working toward WCAG 2.1 Level AA conformance for the Platform itself; Hosts are responsible for the physical accessibility of their properties.
5. Stripe Connect Onboarding & Payouts
5.1 Stripe Connect Express Requirement; Direct Stripe Relationship
To receive payouts from Bookings, you must complete onboarding of a Stripe Connect Express account linked to your SetVenue Host Account. By completing onboarding, you agree to Stripe's Connected Account Agreement and the Stripe Services Agreement (collectively, "Stripe's Terms"), which govern Stripe's relationship with you as a connected account holder.
Your relationship with Stripe is direct. SetVenue is not a party to Stripe's Terms, does not control Stripe's risk decisions, does not have authority to modify Stripe's terms on your behalf, and is not responsible for Stripe's acts or omissions. Failure to complete or maintain a valid Connected Account may result in payout suspension or Listing restriction. SetVenue is not your money transmitter, money services business, or financial intermediary; Stripe is the regulated payment processor.
5.2 Tax Information; 1099-K Mechanics
As a condition of receiving payouts, you must provide accurate tax information — including a completed Form W-9 or other documentation required by Stripe or applicable law. Failure to maintain current tax information may result in payout delay or backup withholding under IRC § 3406. Tax forms (including Form 1099-K, where applicable) may be issued by Stripe or by SetVenue, depending on regulatory allocation under 26 U.S.C. § 6050W; you will be notified of the issuing party.
Post-OBBB threshold. The federal 1099-K threshold was reverted by the One Big Beautiful Bill Act (Pub. L. 119-21 § 70432, signed July 4, 2025) to $20,000 in gross payments and 200 transactions per calendar year, retroactive to TY 2022. State thresholds (e.g., MA, VT, MD) may be lower; Hosts in those states should expect a state-issued 1099-K at the applicable state threshold.
Tax-information accuracy. Tax information accuracy is the Host's responsibility. SetVenue is not a tax-information processor; Stripe is. Erroneous tax information that results in an incorrect 1099-K, withholding error, or IRS inquiry is the Host's responsibility to remediate with Stripe and the relevant tax authorities. SetVenue will cooperate in providing transactional records as required.
Foreign-host status. Eligibility under §2(1) is limited to U.S. residency or U.S. entity formation. If a Host is later determined to be a non-resident alien individual or a foreign corporation, additional withholding may apply under IRC §§ 1441-1442 (30% FDAP withholding on income paid to non-resident aliens or foreign corporations, subject to applicable treaty rates). SetVenue and Stripe may withhold and remit such taxes, or may suspend payouts pending submission of a Form W-8BEN, W-8BEN-E, or analogous IRS form. The Host is responsible for accurate self-certification of tax status. A material misrepresentation of U.S. tax residency or entity formation is a breach of this Agreement and grounds for termination under §12.3.
5.3 Payout Mechanics; Destination Charges
Booking payouts are processed via Stripe's destination-charge model: the Guest's payment (inclusive of the Guest Service Fee component) is collected by Stripe on the Platform, and your listed rate for the booked period is routed to your Connected Account in full (no Host Commission deducted in v1), net only of any Stripe processing fees borne by SetVenue on standard card transactions. SetVenue's revenue comes entirely from the Guest Service Fee retained on the Platform side. See §6 for the Guest Service Fee tier table. SetVenue does not custody Booking funds beyond the brief technical settlement window required by Stripe. SetVenue stores only your stripe_account_id reference and does not retain full payment instrument details.
Stripe fraud-review and risk holds. Stripe may, at its sole discretion and pursuant to Stripe's Terms, place a hold on a Booking payout, on a Connected Account's balance, or on a specific transaction, for fraud, risk, compliance, sanctions, or know-your-customer review. SetVenue is not a party to Stripe's risk decisions and does not control the duration, outcome, or release timing of any Stripe-side hold. Host's recourse for any disputed Stripe hold is through Stripe's dispute process; SetVenue will cooperate by providing transactional records as required by Stripe.
5.4 Chargeback Liability
If a Guest initiates a payment-card chargeback for a Booking, SetVenue may recover the chargeback amount and any associated fees or fines from your payout balance or Connected Account, in accordance with ToS §8.9.
6. Platform Fees
Hosts retain 100% of their listed rate. SetVenue does not deduct any Host Commission from your payout in v1. SetVenue's revenue per Booking comes entirely from the Guest Service Fee added to the Guest's checkout total. The applicable Guest Service Fee depends on the Booking's tier:
| Tier | Applies when | Host Commission | Guest Service Fee |
|---|---|---|---|
| Verified Corporate | (i) the Listing has opted into Corporate use AND the Guest has completed SetVenue's server-side corporate verification, OR (ii) the Booking total at confirmation is ≥ $5,000 USD (auto-trigger regardless of Listing opt-in or Guest verification). | 0% | 6% |
| Founding Host | (i) the Listing was approved on the Platform within the first fifty (50) listing approvals (Founding Host slots filled in approval order), AND (ii) the Booking occurs within the twenty-four (24) months following that Listing's approval date, AND (iii) the Verified Corporate trigger does not also apply. Founding Host status attaches to each Listing individually. | 0% | 8% |
| Standard | Default — applies whenever no other tier trigger is satisfied. | 0% | 10% |
Tier priority. When multiple tiers could apply to a single Booking, the lowest Guest Service Fee wins. A Verified Corporate Guest booking a Founding Host's Listing pays 6%, not 8%. A non-Verified Guest booking a Founding Host's Listing pays 8%, not 10%. The $5,000-auto-trigger overrides Founding Host status (a $5,000 Booking on a Founding Host Listing pays the 6% rate).
6.1 Tier Descriptions
Verified Corporate tier. Server-side verified at Booking confirmation per the eligibility criteria in the table above (corporate-verified Guest on a corporate-opted Listing, or $5,000-auto-trigger). The Corporate rate is applied automatically; no Host action is required. SetVenue may, with thirty (30) days' advance notice consistent with §14 ("Modifications"), modify the verification mechanism or tighten the eligibility criteria; any tightening that results in a Listing or Booking pattern previously qualifying for the Verified Corporate rate no longer qualifying shall apply only to Bookings confirmed at least thirty (30) days after notice.
Founding Host tier. Applied automatically to qualifying Listings per §6.1.A below.
Standard tier. The default rate applicable to all Bookings that do not satisfy the Verified Corporate or Founding Host criteria.
6.1.A Founding Host Status
Eligibility. Founding Host status is assigned to the first fifty (50) Listings approved on the Platform, in approval order. SetVenue maintains a counter of remaining slots, which is publicly displayed on /list-property and /corporate. Once all fifty slots are filled, no additional Listings receive Founding Host status; this does not affect existing Founding Host Listings.
Duration. Founding Host status attaches to each Listing for the twenty-four (24) months following that Listing's initial approval date (the "Founding Host Window"). Bookings confirmed within the Window receive the 8% Guest Service Fee rate; Bookings confirmed after the Window revert to the Standard 10% rate.
Per-Listing. Founding Host status is per-Listing, not per-Host. A Founding Host who lists additional properties later receives the Founding Host rate on those additional Listings only if they are approved before the original Listing's 24-month Window closes AND the 50-slot cap has not been reached.
No lifetime promise; no auto-renewal. Founding Host status does not auto-renew. SetVenue may modify the Founding Host program prospectively (e.g., change rate, slot count, or duration for new Listings) with thirty (30) days' advance notice; modifications do not apply retroactively to Listings already enrolled.
Forfeiture. SetVenue may terminate Founding Host status for a Listing that violates the Acceptable Use Policy or this Agreement, on the same suspension/termination grounds applicable to any Listing. Forfeiture is prospective only — Bookings already confirmed under Founding Host pricing are honored at that rate.
6.2 Refund Treatment
The Guest Service Fee refunds in the same proportion as the host-rate refund under the Cancellation Policy at /legal/cancellation. The Stripe Processing Fee is the only non-refundable component in any cancellation scenario. See the Cancellation Policy §3.3 for full mechanics.
6.3 No Subscription Fees; No Host Commission (Launch Period)
SetVenue does not charge Hosts subscription fees, listing fees, recurring access fees, or any Host Commission during the launch period (see ToS §8.6). Pricing is transactional only during this period: Hosts pay no fee per Booking, and SetVenue's revenue comes entirely from the Guest Service Fee. SetVenue may introduce optional paid promotion products (such as featured-listing placement); those are opt-in and are not required to maintain a Listing.
6.4 Non-Circumvention Finder's Fee Unaffected by Tier
The Option B finder's fee under §9 — 5% of the Off-Platform Booking total for 12 months — applies regardless of which tier would have applied on-Platform and is not reduced by Verified Corporate status or Founding Host status.
7. Insurance (Strongly Encouraged)
7.1 Host's Insurance — Strongly Encouraged
You are strongly encouraged to maintain, at your own cost, general liability insurance covering commercial short-term use of your property — including use by third-party production crews, event attendees, and other Guests. SetVenue recommends a minimum coverage limit of one million US dollars ($1,000,000) per occurrence for general liability. You may need higher limits depending on property value, occupancy capacity, and the types of productions and events you host; specialized productions (e.g., adult productions per the Adult Production Policy, productions involving pyrotechnics) may require additional riders or umbrella coverage.
The $1,000,000 per-occurrence recommendation reflects industry-standard event/film GL minimums for short-term commercial use of residential and small-commercial properties in SetVenue's launch markets (Los Angeles, New York, Chicago); city-permit requirements for filming and events in those markets typically meet or exceed this minimum. Higher amounts may apply per Listing or by category.
Hosts who do not carry general-liability insurance bear personal financial responsibility for any incident occurring on the Listing premises arising out of or related to commercial use; SetVenue does not insure Hosts or Listings. A Host's decision to operate without recommended coverage is a business judgment of the Host, and the consequences (including liability for injury, property damage, third-party claims, defense costs, and judgment exposure) rest entirely with the Host.
Policy-type warning. Typical personal-lines homeowners' or condo insurance policies do not cover commercial short-term use of the property. If you choose to carry insurance, you are responsible for obtaining a policy that explicitly covers commercial short-term rental use. SetVenue does not advise on insurance, does not review your coverage scope, and is not liable for any gap, exclusion, or denial in your coverage. Verifying coverage scope is your responsibility.
Honest representation. If you affirmatively represent to SetVenue, to a Guest, or in your Listing that you carry insurance of a stated scope or limit, that representation must be accurate. Material misrepresentation about the existence or scope of insurance — including listing coverage you do not in fact hold — is a breach of this Agreement and may result in delisting, Account suspension, refund of affected Guests, indemnification of SetVenue under §13, and referral to law enforcement where the misrepresentation constitutes fraud.
You agree to provide proof of any coverage you have represented as in force, on SetVenue's reasonable request. Failure to substantiate a representation of coverage upon reasonable request — distinct from a Host's choice to operate without insurance — may result in delisting or Account suspension.
7.2 SetVenue Is Not an Insurer
SetVenue does not provide, underwrite, or back any property damage guarantee, Host protection program, insurance policy, or financial reimbursement of any kind. SetVenue does not indemnify you against damage caused by Guests. SetVenue does not compensate you for any loss — including property damage, theft, lost income, or third-party claims — arising from a Booking or a Guest's conduct. The Damage Hold facilitation workflow described in §8 is operational tooling between you and the Guest; it is not an insurance product, not a SetVenue-backed payment guarantee, and not a substitute for your own insurance. See ToS §5.3 and §9.7.
7.3 Guest COI Requirements
You may and are encouraged to require Guests to provide a COI naming you (and any other parties you designate) as additional insured before the Booking date. Production-type coverage minimums should be specified in your House Rules. Failure by a Guest to produce a compliant COI by your stated deadline is grounds to cancel the Booking per the Cancellation Policy. SetVenue makes no representation that any Guest's insurance satisfies your requirements or that any claim will be paid; verification of Guest coverage is your responsibility.
8. Damage Hold Workflow
8.1 Host Authorization
By enabling the Damage Hold feature on a Listing, you authorize SetVenue to facilitate the damage hold workflow on your behalf with respect to Bookings at that Listing. This authorization includes SetVenue's ability to: (a) present the Damage Hold disclosure to the Guest at checkout; (b) instruct Stripe to place a pre-authorization or save a Guest payment method for off-session use as a Damage Hold against your Connected Account; (c) send the Guest a magic-link Damage Charge Request email on your behalf following a Booking; and (d) instruct Stripe to capture or release the Damage Hold based on the Guest's affirmative response or non-response, as set out in ToS §9.
8.2 Affirmative-Accept Gate
No amount of any Damage Hold may be captured without the Guest's affirmative, click-to-accept consent to a specific Damage Charge Request. A Damage Charge Request must (a) identify the alleged damage, (b) reference photographic, video, or other evidence, and (c) specify the dollar amount requested. The Guest must affirmatively click "Accept" (or the functional equivalent) through the Platform or the magic-link interface. Browsing the request or passively viewing it is not acceptance. See ToS §9.3.
8.3 Default on Expiry = Release; Accept Revocation; Multi-Touch Notice
If the Guest's seven (7) calendar day dispute window expires without affirmative acceptance, the default outcome is release of the Damage Hold to the Guest. The Platform will not auto-capture, auto-charge, or treat the Guest's non-response as consent. This default may not be overridden by Host action, Guest action, or side agreement. See ToS §9.4.
Guest's Accept revocation right. A Guest who has Accepted a Damage Charge Request may revoke that Accept within twenty-four (24) hours of the Accept timestamp, provided Stripe has not yet captured the authorized amount. See ToS § 9.5 (Accept revocation window).
Multi-touch notice protocol (cross-reference). SetVenue delivers each Damage Charge Request to the Guest through at least four (4) independent notice channels during the 7-day dispute window: (1) initial email at submission; (2) reminder email 48 hours after; (3) final reminder email 24 hours before expiry; (4) in-product banner on every page on next login. SMS notification is delivered if the Guest opted in. The Guest also has the right to request a single 7-day extension on or before window expiry; SetVenue grants the extension unless manifestly frivolous, and the Host is notified of any granted extension. See ToS § 9.5 for the full operational specification. The notice protocol is designed to satisfy the conspicuous-notice standard in Berman v. Freedom Financial Network, LLC, 30 F.4th 849, 856-58 (9th Cir. 2022) and Meyer v. Uber Technologies, Inc., 868 F.3d 66, 75-80 (2d Cir. 2017). Hosts should not contact the Guest outside the Platform to pressure or accelerate a response (see § 8.6).
8.4 Submission Cutoff and Platform-Wide Cap
No Damage Charge Request may be submitted more than thirty (30) calendar days after the Booking's end date. The amount requested in any Damage Charge Request may not exceed the lowest of (a) the Damage Hold amount disclosed at checkout, (b) any specific cap set on the Listing for the relevant damage category, (c) the maximum permitted under the Booking summary the Guest agreed to at checkout, and (d) a platform-wide absolute ceiling of twenty-five thousand US dollars (US$25,000) per Booking, regardless of any higher amount disclosed on the Listing. This $25,000 ceiling is absolute and may not be lifted by Listing language, House Rule, side letter, or addendum. See ToS §9.6.
8.5 No SetVenue Indemnity for Damage; Out-of-Cap Recovery
SetVenue does not pay damage claims from its own funds. Your recovery is limited to amounts the Guest affirmatively accepts under §8.2, plus any amounts you independently recover from the Guest, the Guest's insurance, your own insurance, or other legal remedies. See ToS §9.7. Where actual damages exceed the Damage Hold or the $25,000 platform-wide ceiling, your right to pursue Guest for the residual through the Dispute Resolution Policy and applicable tort or contract law is preserved.
8.6 No Out-of-Platform Pressure
You may not contact a Guest outside the Platform for the purpose of pressuring the Guest to Accept a Damage Charge Request. Any such pressure is a violation of the Acceptable Use Policy and grounds for Host Account suspension.
9. Non-Circumvention (Option B Finder's Fee)
9.1 The Rule
If a Guest and you are first introduced through the Platform, and within twelve (12) months of that first introduction the same Guest–Host pair completes any booking, license, or use of your property (or any other property listed by you on the Platform during the same 12-month window) outside the Platform ("Off-Platform Booking"), you owe SetVenue a finder's fee equal to five percent (5%) of the Off-Platform Booking total. The substitute-property rule is limited to properties actually listed on the Platform during the window; hypothetical "could-have-been-listed" properties do not trigger the finder's fee. See ToS §12.1.
9.2 First Booking Must Be On-Platform
The first Booking between you and a Guest introduced through the Platform must be processed through the Platform at the standard Platform Fees in §6.
9.3 On-Platform Repeats
Repeat Bookings between the same Guest–Host pair processed through the Platform are charged the standard Platform Fees only. No finder's fee applies on top of an on-Platform Booking.
9.4 Window Expiry
After the 12-month window expires, the relationship is yours and the Guest's. SetVenue claims no finder's fee, commission, right of first refusal, or other ongoing fee on Bookings between that pair after the window closes.
9.5 No Buy-Out
The 12-month window cannot be bought out, prepaid, or waived for a lump sum. The finder's fee is your sole financial obligation under this §9 for Off-Platform Bookings within the window.
9.6 Records and Audit
You agree to include Off-Platform Bookings subject to the finder's fee in periodic reports SetVenue may request and to permit reasonable, records-based audit — on prior written notice and subject to confidentiality — limited to booking records and financial documentation reasonably necessary to verify compliance.
Audit-activation thresholds. Audit rights activate when SetVenue has a reasonable, documented basis to believe an Off-Platform Booking has occurred. A reasonable basis exists where any of the following has occurred: (i) two (2) or more independent, credible written reports from third parties (including Guests, neighbors, or law-enforcement contacts) identifying a same-pair Off-Platform Booking; (ii) Platform messaging records showing a clear pattern of contact between a Guest and Host followed by visible non-Platform completion; or (iii) any other specific, articulable evidence sufficient to justify investigation in SetVenue's good-faith judgment. SetVenue does not surveil your calendar, email, or phone records. Audits are limited to records reasonably necessary to verify compliance and conducted on at least thirty (30) days' prior written notice. See ToS §12.5.
9.7 Anti-Evasion
Routing a same-pair Booking through a related entity, restructuring it as a non-booking license, or operating multiple Accounts to evade the Platform Fees or finder's fee is a material breach of this Agreement and the ToS. See ToS §12.7.
9.8 Reasonableness Recital; Non-Restraint-of-Trade
The 12-month finder's fee in this §9 is calibrated to recover a portion of SetVenue's marketing, fraud-screening, support, listing-quality, and infrastructure investment in the original Platform introduction, and is intended as a non-circumvention rule rather than a restraint of trade. Personal, non-commercial communication between you and a Guest outside the Platform is not a breach of §9; only a commercial Booking, license, or use of the property (or a substitute Listing's property) within the 12-month window triggers the finder's fee. This §9 is intended to comply with applicable competition and antitrust law, including the California Cartwright Act (Cal. Bus. & Prof. Code § 16700 et seq.) and the federal Sherman Act (15 U.S.C. §§ 1, 2), by limiting the scope and duration of the obligation. If any provision of this §9 is found unenforceable as an unreasonable restraint, the unenforceable portion shall be severed and the remainder shall continue in effect. (See V5 Drafting Commentary, Owner § 9.8.)
10. Tax Responsibility
You are solely responsible for determining, collecting, and remitting all applicable taxes arising from your Listings and Bookings, including federal and state income tax, sales tax, occupancy tax, transient occupancy tax, hotel tax, and any other local, state, or federal levies. SetVenue does not collect or remit taxes on your behalf except where SetVenue has expressly assumed the collection and remittance obligation for a specific tax in a specific jurisdiction in a written disclosure.
Marketplace-facilitator assumption. Where SetVenue elects, or is required by applicable law (including any state or local marketplace-facilitator statute), to collect and remit a specific tax in a specific jurisdiction (for example, hotel/transient occupancy tax in a specific city), SetVenue will disclose the assumed tax in the Host's payout summary and on the Guest's checkout receipt, and the Host's tax responsibility under this §10 is correspondingly reduced for that specific tax in that specific jurisdiction. SetVenue's assumption of any specific tax does not extend to any other tax in any other jurisdiction. Hosts remain responsible for income, self-employment, and all other taxes not expressly assumed.
No tax-collector / withholding-agent role. SetVenue is not a tax collector, withholding agent, escrow agent, or fiscal intermediary for any state, local, or federal tax obligation of the Host (other than expressly assumed marketplace-facilitator obligations above). Hosts are responsible for resolving any tax-related liens, assessments, or claims directly with the relevant authority. SetVenue is not liable for any tax authority's recovery action against a Host.
You acknowledge that the tax treatment of location-rental and venue income may vary by jurisdiction, production type, and use. SetVenue does not provide tax advice. Consult a qualified tax professional if you are uncertain of your obligations. See ToS §8.8.
11. Cancellation Responsibilities
The SetVenue Cancellation Policy at /legal/cancellation governs Booking cancellations. You must select a cancellation tier for each Listing (Flexible, Moderate, or Strict, or a negotiated custom tier for large productions). Guests are bound by the tier in effect at the time of Booking. You agree to comply with the Cancellation Policy and acknowledge that non-compliance — including cancelling a confirmed Booking without permitted grounds — may result in Host penalties (Cancellation Policy §4.2), payout reversal, account suspension, and Guest claims under the Dispute Resolution Policy. See ToS §10.
12. Term & Termination
12.1 Term
This Agreement is effective from the date you create a Host Account or publish your first Listing, whichever is earlier, and continues until terminated by either party.
12.2 Termination by You
You may close your Host Account at any time through Account settings or by emailing support@setvenue.com. Closure does not relieve you of obligations accrued before closure, including Platform Fees, finder's fees under §9, chargeback liabilities, tax obligations, and indemnification under §13.
Outstanding Bookings. Where Host requests termination while confirmed Bookings remain pending or scheduled, termination shall be effective only as to future Bookings; Host remains responsible for honoring all confirmed Bookings (or facilitating Host-attributed cancellations per the Cancellation Policy §4.2, with associated Host penalties) until those Bookings are fulfilled or cancelled. SetVenue may continue to facilitate payouts and dispute resolution for Bookings confirmed before termination, and the survival provisions of §12.4 continue to apply.
12.3 Termination by SetVenue
SetVenue may suspend or terminate your Host Account, with or without prior notice, for: (a) breach of this Agreement or the ToS; (b) suspected fraud, abuse, or risk to Guests or the Platform; (c) failure to maintain a valid Connected Account or required tax information, or material misrepresentation about insurance coverage (distinct from the Host's choice to operate without recommended insurance under §7.1, which is not by itself a termination ground); (d) materially inaccurate or fraudulent Listing content; (e) extended inactivity; (f) any other reason permitted by law where SetVenue makes a good-faith judgment that continued service would be harmful; (g) commencement of any voluntary or involuntary bankruptcy or insolvency proceeding by or against the Host, or appointment of a receiver, trustee, or similar officer over the Host's assets — in any of which cases SetVenue may immediately suspend payouts and treat pending Bookings as Host-attributed cancellations under the Cancellation Policy §5(a); or (h) undisclosed recording-device violations of § 4.4. SetVenue will make reasonable efforts to honor confirmed Bookings or facilitate refunds per ToS §15.3.
Personal-service nature of Host performance. Host acknowledges that the personal-service nature of Host's performance under this Agreement (including ongoing Listing maintenance, Guest communication, House Rule enforcement, on-site Guest access, and physical-property control) makes Host's performance non-assignable as a matter of applicable law, and that Host's bankruptcy or insolvency materially impairs Host's ability to perform. This recital is incorporated for purposes of 11 U.S.C. § 365(c)(1) and § 365(e)(2) analysis to the extent applicable.
12.4 Survival
The following sections survive termination of this Agreement: §3.1 (Display License, to the extent operationally necessary for caches and dispute records), §3.3 (Promotional Photo Use, with respect to any photograph or other media SetVenue lawfully distributed or published before termination — including continued distribution and continued public display of materials already in market — subject to the Host's privacy rights and applicable copyright law), §7 (Insurance — Strongly Encouraged, for the duration of any active Booking), §8.5 (No SetVenue Indemnity), §9 (Non-Circumvention, for the remainder of any active 12-month window), §10 (Tax Responsibility), §13 (Indemnification), §14 (General Provisions), and all disclaimers incorporated by reference from the ToS.
13. Indemnification
You agree to defend, indemnify, and hold harmless SetVenue, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- your breach of this Agreement, the ToS, or any incorporated policy;
- your violation of any applicable law or regulation, including STR regulations, zoning, permitting, fire safety, recording-disclosure laws, or tax law;
- your Listing, including any inaccuracy, omission, or misrepresentation;
- any Booking at your property, including damage to property, injury to persons, any content created at the property, and any Guest's conduct at or travel to and from the property;
- your material misrepresentation about insurance coverage (under §7.1), or your failure to provide a required COI when you have represented to a Guest that one is in place;
- your infringement of any third party's rights, including intellectual-property rights and privacy rights;
- your dispute with any Guest, except to the extent the dispute is caused by SetVenue's gross negligence or willful misconduct; and
- any claim arising from undisclosed recording devices or recording in violation of § 4.4.
Defense control. SetVenue shall have the right (but not the obligation) to assume the defense of any claim covered by this §13, at Host's cost, with counsel of SetVenue's choosing. If SetVenue assumes the defense, Host shall cooperate fully, including by providing reasonable access to records, witnesses, and other defense-relevant information.
No settlement without consent. Host may not settle any claim that imposes any non-monetary obligation on SetVenue, admits liability of SetVenue, or otherwise binds SetVenue, without SetVenue's prior written consent. SetVenue may settle any claim it has assumed without Host's consent only if the settlement involves only a release of claims (no admission of fault by Host, no non-monetary obligation on Host) and Host is fully released.
Cooperation. Host shall provide reasonable cooperation in any defense, including timely access to records, witnesses, and relevant communications.
Scope; uncapped indemnification. Host's indemnification obligations under this §13 are not limited in amount or by any provision of this Agreement, except as provided in §13(7) and in the § 1668 carve-out paragraph below. The unlimited nature of Host indemnification is acknowledged as the consequence of Host's exclusive control over the Property, its physical condition, House Rules, content-type opt-ins, and on-site conduct of Guests, all of which are outside SetVenue's control.
§ 1668 carve-out (global to this §13). Notwithstanding the foregoing, this indemnification does not extend to, and shall not be construed to extend to, any claim, demand, loss, liability, damage, cost, or expense to the extent caused by SetVenue's (a) gross negligence, (b) willful misconduct, (c) fraud or fraudulent misrepresentation, (d) bodily injury or death caused by SetVenue's negligence, or (e) violation of any applicable statute, including any liability barred by Cal. Civ. Code § 1668. This carve-out is in addition to, and not in lieu of, the sub-(7) carve-out for Guest-dispute claims caused by SetVenue's gross negligence or willful misconduct. SetVenue shall reimburse Host for reasonable costs and attorneys' fees Host has incurred in defending any tendered indemnified claim that is later determined, by final judgment, arbitral award, or settlement to which SetVenue has consented, to fall within this carve-out.
This indemnification obligation supplements and does not replace the indemnification in ToS §18.
14. General Provisions
Relationship of the parties. SetVenue and you are independent contractors. Nothing in this Agreement creates an agency, partnership, joint venture, employment, or fiduciary relationship between SetVenue and any Host. Host is engaged in an independently established business of property hosting and licensing; SetVenue's role is limited to providing platform technology and facilitating payment. Host bears the risk of profit or loss, controls all material business decisions regarding the Listing (including pricing, calendar availability, content-type opt-ins, House Rules, COI requirements, and Booking acceptance), and is not subject to SetVenue's direction or control as to the manner of performance.
Warranty disclaimer. THE PLATFORM AND ALL FACILITATION SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, AS SET OUT IN ToS §16. SETVENUE DOES NOT WARRANT THE COLLECTIBILITY OF ANY DAMAGE CHARGE, THE ENFORCEABILITY OF ANY HOUSE RULE, OR ANY OUTCOME OF THE DAMAGE HOLD WORKFLOW.
Cal. Civ. § 1668 carve-out. Notwithstanding anything in this Agreement or the ToS, nothing limits SetVenue's liability for fraud, willful injury to person or property, or violation of law (whether willful or negligent) to the extent such limitation would be unenforceable under California Civil Code § 1668.
Attorneys' fees mutuality. In any action brought to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, consistent with California Civil Code § 1717. Nothing in §13 (indemnification) or elsewhere in this Agreement is intended to displace the mutual-fee rule of § 1717 in disputes brought by one party against the other to enforce contractual rights (as distinct from third-party claims subject to §13 indemnification).
Governing law; dispute resolution. This Agreement is governed by the laws of California without regard to conflict-of-laws principles. Disputes between you and SetVenue are subject to the binding arbitration, class-action waiver, and carve-out provisions in ToS §19, including the EFAA carve-out for sexual-assault and sexual-harassment claims, the McGill carve-out for public injunctive relief, and the reservation of non-waivable statutory rights. Nothing in this §14 deprives any California resident of the protection of any unwaivable provision of California law.
Modifications. SetVenue may modify this Agreement in accordance with ToS §20. Material changes will be communicated with at least thirty (30) days' advance notice via the Platform or email and may require affirmative re-acceptance. Continued use of the Platform as a Host after the effective date of a non-material modification constitutes acceptance.
Entire agreement. This Agreement, together with the ToS and all policies incorporated by reference, constitutes the entire agreement between you and SetVenue regarding your use of the Platform as a Host and supersedes all prior discussions and agreements on that subject.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable; remaining provisions remain in full force. If reformation is not legally permissible, the unenforceable provision shall be severed and the remainder of this Agreement shall continue in full force and effect.
Class-waiver and arbitration severance. The severance mechanics applicable to the class-action waiver, the public-injunctive-relief reservation, and any other provision of ToS § 19 are governed by the unified arbitration-severability rule in ToS § 19.11, which the parties incorporate by reference into this Agreement. The four sub-rules of § 19.11 (sub-clause independence; class-waiver and McGill severance; consumer-protective rationale; no-cascade) apply equally to Host-side arbitration claims under this Agreement.
Assignment. You may not assign or transfer this Agreement or any rights under it without SetVenue's prior written consent. SetVenue may freely assign this Agreement in connection with a merger, acquisition, or sale of assets.
No waiver. SetVenue's failure to enforce any provision is not a waiver of that or any other provision.
Beta features. SetVenue may from time to time offer beta, preview, or experimental features. Such features are provided "AS IS," without warranty, may be modified or discontinued at any time, and are subject to additional terms presented in the relevant feature interface.
Notice presumption. Notices given by email under this Agreement are deemed received on the date the email is transmitted, absent evidence of non-delivery.
Notices. SetVenue may give notice through the Platform, by email to the address on your Account, or by posting on the Platform. Notices to SetVenue under this Agreement must be sent to legal@setvenue.com or to Set Venue LLC, 6927 Willis Ave, Van Nuys, CA 91405.
SetVenue insolvency. If SetVenue enters voluntary or involuntary bankruptcy, becomes the subject of a receivership, or otherwise enters insolvency proceedings, this Agreement and Host's direct Stripe Connect relationship survive to the extent applicable law permits. Stripe Connect funds in transit are subject to Stripe's terms (including the Stripe Services Agreement and Connected Account Agreement), not SetVenue's bankruptcy estate. Host's recourse — including any claim Host may have for refund of overpaid Platform Fees or finder's fees, for release of unreleased Damage Hold amounts, or for fulfillment of pending Booking obligations — is preserved against any successor in interest, trustee, debtor-in-possession, or assignee, subject to applicable bankruptcy law.
ESIGN/UETA. You consent under 15 U.S.C. § 7001 and the Uniform Electronic Transactions Act, as adopted in California, to the use of electronic signatures, electronic records, and click-to-accept consent for this Agreement.
Contact. Questions about this Agreement: support@setvenue.com | Set Venue LLC, 6927 Willis Ave, Van Nuys, CA 91405.
v5 Hardening Summary (informational, not contractual)
Round-5 enhancements (over v4): Inline Bluebook citations at § 4.4 (Cal. Pen. Code §§ 632 / 637.2 / 647(j) strict-liability recital) and § 9.8 (Cartwright Act + Sherman Act §§ 1, 2); V5 Drafting Commentary cross-references; cross-reference to V5 State-Specific Addenda.
Round-7.3.5 audit-fix enhancements (2026-05-26): (a) Founding Host tier RESTORED at §6 + §6.1.A to match production code (8% rate, 50-slot cap, 24-month window per Listing; tier-priority rule added). (b) Insurance language softened from "must" to "strongly encouraged" with $1M as recommended floor; delist/termination triggers tightened to material misrepresentation about insurance only; personal-financial-responsibility disclaimer added. (c) §6.1 "without notice" modification right replaced with §14-consistent 30-day notice (Schnabel/§1670.5 fix). (d) §1 enhancements: Host/Property-Owner synonymy recital, defined-term primer ("Listing"/"Property"), Cal. Bus. & Prof. § 10131 broker disclaimer. (e) §4.2 Listing-submission-review recital added. (f) §4.4 all-party-consent state list corrected to add Nevada + Hawaii via "including but not limited to" language. (g) §5.2 foreign-host withholding clause (IRC §§ 1441-1442). (h) §5.3 Stripe fraud-review / risk-hold disclaimer. (i) §9.1 substitute-listing language tightened to "actually listed during the window." (j) §12.2 outstanding-Bookings duty added. (k) §12.3 personal-service recital for §365(e)(2) hedge. (l) §13 defense-control, settlement-consent, cooperation, and uncapped-indemnification recitals added. (m) §14 Cal. Civ. § 1668 carve-out, § 1717 attorneys'-fees mutuality, IC-strengthening recital, SetVenue-insolvency clause. (n) §7.3 "Host Rules" → "House Rules" cosmetic alignment.
Carry-over hardenings (v4 over v3)
- §1 unchecked-by-default click-to-accept controls with audit-log fields.
- §2 identity-theft / impostor-listing protocol.
- §3.1 AI/ML carve-out definition clarified (generative vs. internal-product-improvement).
- §4.1 photograph-authenticity representation (anti-scam-listing teeth).
- §4.2 Barnes v. Yahoo! no-duty-from-moderation recital.
- §4.3 anti-discrimination citation list expanded; pattern-review pathway.
- §4.4 mandatory recording disclosure expanded — eleven all-party-consent states enumerated; strict-liability exposure recital; Guest's remedy explicit.
- §5.1 direct Stripe relationship explicit (MTL avoidance).
- §5.2 post-OBBBA 1099-K threshold ($20K / 200 tx) explicit.
- §5.2 tax-information accuracy clearly Host's responsibility.
- §6.1.A Founding Host "no lifetime promise" recital + Auto-Renewal-Law (§ 17600) non-applicability. REMOVED in v7.3.1, RESTORED in v7.3.5 restoration 2026-05-26 — Founding Host program is implemented in production code (lib/pricing.ts: 8% rate, 50-slot cap, 24-month window) and §6.1.A reflects it. The "no lifetime promise" and Auto-Renewal-Law (Cal. Bus. & Prof. § 17600) non-applicability recitals are appropriate because Founding Host status (a) does not auto-renew at the end of its 24-month Window and (b) is a fee-rate tier on a transactional fee, not a subscription product subject to § 17600's auto-renewal-law regime.
- §7.1 personal-lines-doesn't-cover warning explicit.
- §8.3 Guest's Accept-revocation right cross-reference.
- §8.5 out-of-cap recovery preserved.
- §8.6 no-out-of-Platform-pressure rule.
- §9.8 reasonableness recital + Cartwright Act / Sherman Act compliance recital + severability.
- §10 marketplace-facilitator tax-assumption mechanism + Host responsibility reduction.
- §10 no tax-collector / withholding-agent role.
- §12.3(h) recording-disclosure violation as termination ground.
- §13(8) recording-disclosure-related indemnity.
- §14 California-resident non-derogation reservation.
- §14 reformation-or-severance rule.
- §14 ESIGN/UETA consent recital.