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.