Membership Terms and Conditions
As a member of A Third Home, LLC, doing business as 3RD HOME, you are agreeing to abide by the terms below.
As a Host Member, you agree to abide by the following:
- You will accurately represent your home in the description and photographs you provide to 3RD HOME to post on the 3RD HOME Web site. All photographs are current and accurately portray the way the property looks today.
- The value of your home determines the number of "Keys" you will receive per week deposited in the system for member use, so it is very important that you accurately represent the true value of your property in the "current" economic climate. This is the actual value that your property would sell for within a normal six month listing with a qualified brokerage firm in your area. Please be aware that if you misrepresent your property, your membership could be short-lived. 3RD HOME retains the right to cancel your membership and revoke any Keys in your account should any level of misrepresentation be discovered.
- As a Host Member, you agree to make sure that all ordinary and customary services will be made available to the Guest Member including, but not limited to, electricity, gas, water, sewage treatment, a telephone with the facility to make local calls and that all customary appliances provided in the home are in good working order. The Host Member will also make any necessary arrangements to help the Guest Member have access to the normal amenities associated with the property.
- The Host Member warrants that the property is appropriately furnished for Guest Members to fully enjoy their vacation experience including linens, cooking utensils and customary supplies. Any valid complaints that a property is not furnished appropriately for Guest Members may result in a Host Member losing their membership and forfeiting any Keys earned.
- A Host Member is responsible for providing adequate information to a Guest Member regarding, but not limited to, any security systems or measures, AC/heating system, entertainment system and appliances. It is the responsibility of the Host Member to maintain the landscaping, pool, driveway and exterior where appropriate.
- Host Members agree to have current appropriate Home Owners Insurance to cover any non-paying guests staying in their home. (Most Home Owners Insurance automatically covers guests staying at your property, but this needs to be checked and verified by the Host Member.)
- As a Host Member, you agree to have your property clean and ready for the Guest Member when they arrive. 3RD HOME maintains a clean policy commensurate with any four to five star hotel standard. There are no exceptions to this rule; failure to adhere to this policy could result in termination of membership and forfeiture of any Keys earned. The Host Member is also responsible for cleaning of the property following the Guest Member's departure. The Guest Member agrees to leave the property "reasonably" clean but is not responsible for cleaning of linens and floors.
As a Guest Member, you agree to abide by the following:
- The Guest Member is fully responsible for the activities and actions of those who use the Host Member's property during the dates of the Exchange agreement including family members, guests and any others.
- Guest Member agrees to indemnify and hold harmless the Host Member, members of the Host Member's family, and 3RD HOME against any and all claims, damages, costs and other expenses including attorney fees, for personal injury or property damage arising out of the use of the property by Guest Member, Guest Member's family or invited guests, unless caused by Host Member's gross negligence or intentional misconduct.
- As the Guest Member, you agree to be financially responsible for any damages caused by you, your family members or invited guests to a property during your stay.
- The Guest Member will accurately report the number of people staying in the property and agrees not to exceed the number that the property sleeps.
- Guest Member agrees to leave the property on or before the ending date outlined in the confirmation agreement in the same good condition as when they arrived. You agree to check-in to the property no earlier than 4pm on the afternoon of your booked arrival and check out no later than 11am on the day of your booked departure unless alternative timing arrangements have been made with the Host Member.
- Guest Members should not be required to perform routine cleaning of the property that would ordinarily be performed by a cleaning or maid service. It is the responsibility of the Guest Member while at the property to be environmentally and financially conscious with the use of energy and water, especially in island homes where the water source may be very limited.
- No pets are allowed unless the property description allows for pets. Your confirmation must state that pets are allowed and the Host Member has to be notified of a Guest Member's intention to bring pets and the types/breed of pets they are. Any violation of this policy could result in the cancellation of membership and forfeiture of Keys. If pets are allowed and agreed to by both parties, the owner of the pet is responsible for the yard clean up of any pet "deposits."
- No smoking is a strict standard policy in all of our properties. No exceptions. This includes in and around the home and no cigarette butts are to be left anywhere on the premises.
- No long distance phone calls will be made from the Host Member's property where a charge may result to the Host Member. Any long distance calls should be made via the Guest Member's cell phone, credit card or as a collect call. Unauthorized violation of this policy could result in the termination of membership privileges.
- Guest Member will immediately return any keys to the Host Member in the fashion the Host Member has requested.
- Following their stay, Members agree to provide feedback on the 3RD HOME website. The Guest Member leaves details about the property and their experience and the Host Member provides comments on the Guest. This way members will have more information about the properties prior to booking an exchange. Feedback will contribute towards a member's rating which is combined score from comments members receive from being both Host and Guest members. Members' ratings will be closely monitored and if they drop below a certain level, members risk having their membership privileges rescinded.
As a Member of 3RD HOME you understand and agree to the following:
- You will not contact another 3RD HOME member unless you have a confirmation for an Exchange. Once you have the booked an exchange through reserving and available week on the website, 3RD HOME will provide both Host and Guest members with reciprocal and relevant contact information. It is all members' responsibility that this information is kept up to date at all times.
- As a member, the ability to use another home or property in the program is granted by the acquisition and then utilization of "Keys." Members acquire Keys by giving 3RD HOME members time at their property.
- To deposit time, members use the Calendar facility in their account. Members select weeks at popular and attractive times throughout the year and make their deposits in weekly increments. Members must deposit at least one week to activate their account. There is no limit to how many weeks a member can deposit, but all offered weeks have to be approved by 3RD HOME. On approval, the equivalent number of Keys will be credited to the members account. This approval process is carried out for all deposited weeks and can take up to 24 hours.
- In 3RD HOME, weeks are accepted on a Friday to Friday, Saturday to Saturday, or Sunday to Sunday basis only, and all weeks for a given property must follow the same basis. For each week deposited more than 90 days in advance, members earn the equivalent number Keys that are instantly credited to their account. These Keys are then immediately available for members to use to book any other property in the club. All Keys a member acquires can be used regardless of whether their deposited weeks are used by another member. Members can also deposit last-minute weeks to take advantage of short-term availability. In this instance, for all weeks that fall within 90 days of depositing, members will only receive the relevant number of Keys if those weeks are booked and used by another member.
- Once you have given that week to 3RD HOME, it will be automatically blocked out for member use. If one of our members accepts that week, you are contractually bound to allow that member to stay in your property for that week.
- Deposits are made in weekly increments and Keys are granted on the basis of a weekly value. However, usage may vary. For example, if a member wants to only use a property for just 4 days, this is still considered to be a week for booking purposes. If a member wants to use a property for 9 days, then they will need to book the property for two full available weeks.
- Once deposited, those weeks belong to 3RD HOME. Members can deposit as many acceptable weeks as they like. If at a later date these weeks have not been taken by a 3RD HOME member, Host Members can take these weeks back for themselves or for conventional renting as long as they have enough Keys in their own account to hand back in exchange for "freeing up" those weeks.
- To take a week back you must 1) Have keys to return for that week you were given 2) that particular week was has not been taken by another member yet. There is no time limit on this as long as members adhere to both of these conditions, however, in both cases, Host Members need to have enough Keys still in their account to return to 3RD HOME should they want to take one or more weeks back. If a particular week has not been used and a Host Member is unwilling or unable to return the requisite number of Keys, 3RD HOME cannot return the week to the member.
- Once a week has been selected and booked by another 3RD HOME member, you are contractually bound to honor the agreement. An electronic confirmation will be provided to both members when the Guest Member books a week and the exchange fee of $495 USD is paid to 3RD HOME. On booking, the agreed number of Keys is automatically debited from the Guest Member's account. All Keys have a 15-month lifespan from the day they are credited to a member's account. So, if you receive keys today, you have 15 months to use them before they expire.
- 3RD HOME occasionally has inspectors stay in member homes for the purpose of inspecting the property and writing comments. This practice benefits all members and allows our company to maintain the highest standards in the industry. In addition, 3RD HOME occasionally grants Keys to employees, directors, board members, partners, and other individuals associated with the company. Each inspector or associated individual follows the same member terms and conditions and agrees to treat a home just as any other member. You agree to allow these guests to reserve weeks at your property under the same terms as any member.
- If for any reason, the Guest Member cancels the exchange, there are no refunds to the Guest Member of the exchange fee or Keys. 3RD HOME has tried to make this program as flexible as possible for the owners/members and this policy is in the best interests for both Host and Guest member use.
The website is owned, controlled and operated by A Third Home LLC. Any reproduction of this site without the expressed written permission is strictly prohibited and punishable by law. All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by A Third Home LLC, or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to A Third Home LLC.
Content on this website or any website owned, operated, licensed or controlled by the Providers is solely for personal, non-commercial use. Members may only use this website to make legitimate exchanges or purchases and shall not use this website for any other purpose, including without limitation, making any speculative, false or fraudulent exchanges.
Members may print a copy of the content and/or information contained herein for personal, non-commercial use only, but may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of A Third Home LLC.
Any photos or description submitted become the property A Third Home LLC. You represent and warrant to us that the information posted by you including any photographs, is posted by you and that you are the exclusive author of the information and the exclusive owner of the photographs. You assign to us, with full title guarantee, all copyright with respect to any information and photographs which you post, and any additional information sent to us at any time in connection with your use of the service.
You waive absolutely any and all rights to be identified as author of the information and owner of your photograph(s) and any similar rights in any jurisdiction in the world. In addition, other members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, members will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on the service, you automatically grant, represent and warrant that you have the right to grant, to us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
If the Host Member cancels the exchange for any reason, a refund of all keys will be made. The Host Member is responsible for the refund of the exchange fee to the Guest Member and responsible for any cost that may be associated with the changing of airfare tickets or any other cost made by the Guest Member in relation to the Exchange.
3RD HOME is not acting as an agent to any party nor as a real estate broker or agent, it is only providing a database of vacation homes for members to view. 3RD HOME receives a nominal exchange fee for its services.
In no event will 3RD HOME, its employees, officers, directors, advisory board members, agents or affiliated companies (be these any Sponsors, Partners, Real Estate Developers, Home Owners Associations, Individuals or Real Estate Sales and Marketing companies that have a business relationship with 3RD HOME) be liable to Host Members, Guest Members, or any family members or other guests regardless of the form or claim or action, whether under the exchange agreement, in warranty, in contract, in negligence, strict tort or otherwise, in an amount that exceeds the exchange fee paid by Guest Members.
In no event will 3RD HOME, its employees, officers, directors, contractors, agents or affiliated companies (be these any Sponsors, Partners, Real Estate Developers, Home Owners Associations, Individuals or Real Estate Sales and Marketing companies that have a business relationship with 3RD HOME) be liable to Host Members, Guest Members, or any family members or guests for special, indirect, incidental or consequential damages, even if 3RD HOME has been notified of the possibility or likelihood, that such damages occurred.
The above limitations do not apply to intentional misconduct or gross negligence of 3RD HOME. This agreement shall be governed exclusively by the laws of the State of Georgia, USA and any legal action against 3RD HOME must take place in the courts of Fulton County, Georgia, USA. Any cost of court action initiated against 3RD HOME in which 3RD HOME prevails shall be paid for by the initiator.
The name 3RD HOME and our logo are registered Trademarks to A Third Home LLC. Any use without the written permission of the company is strictly prohibited.
A Third Home, LLC reserves the right to update and amend these terms and conditions at any time. All updates and changes will govern conduct within the community with immediate effect.
© 2009-2010 A Third Home, LLC. All rights reserved.