Donde

AGREEMENT FOR EXCHANGE OF ACCOMMODATION AND CONTENT CREATION

This Agreement ("Agreement") is entered into as of the Effective Date (as defined below) by and between:

  1. The Hotel ("Host"), a legally established business providing accommodations at the property located at [Hotel Address], and
  2. The Content Creator ("Creator"), an individual or entity engaged in professional content creation, residing at [Creator Address].

The parties, intending to be legally bound, agree as follows:

1. PURPOSE

This Agreement establishes the terms under which the Creator provides content creation services in exchange for accommodations at the Host's property. No monetary payment shall be made unless expressly stated.

2. TERMS OF EXCHANGE

2.1 Host's Obligations

The Host agrees to provide the Creator with:

  • [Number] nights of accommodation at [Hotel Name] from [Check-in Date] to [Check-out Date].
  • Standard amenities and services available to regular guests.
  • Any additional services or accommodations as mutually agreed in writing.

2.2 Creator's Obligations

The Creator agrees to deliver the following:

  • [Description of agreed-upon content: e.g., 3 Instagram posts, 1 YouTube video, 5 professional photographs].
  • All content shall be delivered by [Deadline Date] in accordance with the agreed specifications.
  • Content shall include appropriate branding and tagging of the Host’s official accounts.

3. RIGHTS AND OWNERSHIP

3.1 Content Usage Rights

  • The Host is granted a non-exclusive, worldwide, royalty-free license to use the content for marketing and promotional purposes.
  • The Creator retains the intellectual property rights to the content but agrees not to repurpose it for competitors of the Host.

3.2 Attribution

  • The Host must credit the Creator in any use of the content unless otherwise agreed.

4. CANCELLATION AND TERMINATION

4.1 Cancellation by Host

The Host may cancel this Agreement with at least [Number] days' written notice. If canceled without cause within [Number] days prior to check-in, the Creator shall be entitled to compensation equivalent to [Percentage]% of the accommodation's market value.

4.2 Cancellation by Creator

The Creator may cancel this Agreement with at least [Number] days' written notice. If canceled without a valid reason (e.g., medical emergency), the Creator may be liable for damages, including reimbursement of any non-refundable accommodations reserved by the Host.

4.3 Termination for Breach

If either party fails to fulfill their obligations under this Agreement, the non-breaching party may terminate this Agreement with immediate effect. In such a case:

  • If the Creator fails to deliver the agreed content, the Host may claim the full market value of the accommodation as compensation.
  • If the Host fails to provide the agreed accommodation, the Creator is relieved of all obligations under this Agreement.

5. LIABILITY AND INDEMNIFICATION

  • The Creator shall not be liable for any incidental damage to the property unless caused by negligence or misconduct.
  • The Host shall ensure the safety and security of the Creator during their stay.
  • Each party agrees to indemnify and hold the other harmless from any claims, liabilities, or expenses arising from their breach of this Agreement.

6. CONFIDENTIALITY

  • Both parties agree to keep the terms of this Agreement and any proprietary information shared during the engagement confidential.
  • Any disclosure must be approved in writing by both parties.

7. VIOLATION OF TERMS & ACCOUNT SUSPENSION

  • If the Creator fails to deliver the required content without a justified reason, they may face account suspension or a ban from the platform.
  • If the Host repeatedly cancels or fails to honor commitments, their account may be suspended or subject to penalties.

8. DISPUTE RESOLUTION

  • Any dispute arising out of or relating to this Agreement shall first be resolved through good-faith negotiations between the parties.
  • If no resolution is reached within [Number] days, the dispute shall be submitted to mediation or arbitration in [Jurisdiction].
  • The prevailing party in any legal dispute shall be entitled to recover reasonable attorney’s fees and costs.

9. GENERAL PROVISIONS

9.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].

9.2 Amendments

Any amendments to this Agreement must be in writing and signed by both parties.

9.3 Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations and understandings.

9.4 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

Effective Date: [Date]

HOTEL REPRESENTATIVE
Signature: ___________________
Name: ___________________
Title: ___________________

CONTENT CREATOR
Signature: ___________________
Name: ___________________
Title: ___________________