These Terms of Service ("Agreement") govern the professional relationship between Profit Guest Services & Consulting LLC ("PGS", "we", "us") and you ("Client") when you engage our revenue management advisory and consulting services. Our services may include, but are not limited to, revenue strategy development, pricing optimization, distribution channel management, competitive analysis, market positioning, technology advisory, and performance reporting for boutique hotels, short-term rentals, and vacation rental properties.
This Agreement applies to paid consulting engagements. Browsing this website as a visitor is governed separately by our Terms of Use.
All service engagements begin with an initial consultation or our complimentary 360 Revenue Audit to assess your property's needs and opportunities. Following the assessment, PGS will provide a detailed proposal outlining the recommended scope of work, timeline, deliverables, and associated fees. Engagement commences upon mutual written agreement (email confirmation is sufficient) of the proposal terms. Any material changes to the scope of work must be agreed upon in writing by both parties.
To ensure the success of our engagement, the Client agrees to:
Delays caused by the Client in providing necessary information or access may impact project timelines and deliverables.
Both parties agree to maintain the confidentiality of all proprietary and sensitive information exchanged during the engagement. "Confidential Information" includes, but is not limited to, financial data, pricing strategies, business plans, client lists, proprietary methodologies, and any information marked as confidential. Neither party shall disclose Confidential Information to third parties without the prior written consent of the disclosing party, except as required by law. This confidentiality obligation survives the termination of this Agreement for a period of two (2) years.
[PLACEHOLDER_FEE_STRUCTURE]. Invoices are issued [PLACEHOLDER_BILLING_FREQUENCY] and are due within [PLACEHOLDER_PAYMENT_TERMS] days of the invoice date. Late payments may be subject to a [PLACEHOLDER_LATE_FEE_PERCENTAGE]% monthly late fee. All fees are quoted in US Dollars (USD) unless otherwise agreed in writing. Travel expenses, if applicable, will be billed at cost with prior client approval.
Upon full payment, the Client receives a non-exclusive, non-transferable license to use the deliverables produced specifically for their engagement (e.g., custom reports, strategy documents, pricing models). PGS retains ownership of all proprietary methodologies, frameworks, tools, templates, and general knowledge developed before or during the engagement. PGS may reference the engagement in anonymized case studies and portfolio materials unless the Client opts out in writing.
PGS represents and warrants that: services will be performed in a professional and workmanlike manner consistent with industry standards; PGS personnel have the necessary qualifications and expertise to deliver the services described; all deliverables will be original work and will not infringe upon any third-party intellectual property rights. PGS does not guarantee specific financial outcomes, occupancy rates, revenue figures, or business results. Hospitality markets are inherently variable, and results depend on numerous factors beyond our control, including market conditions, competition, property operations, and implementation of recommendations.
To the fullest extent permitted by applicable law, PGS's total aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by the Client to PGS during the twelve (12) months preceding the claim. In no event shall PGS be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, regardless of the cause of action or the theory of liability.
The Client agrees to indemnify, defend, and hold harmless PGS, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's breach of this Agreement; (b) the Client's use or misuse of PGS deliverables; or (c) any third-party claims arising from the Client's operations or business activities.
This Agreement is effective upon the commencement of services and remains in effect until all services have been completed, unless earlier terminated. Either party may terminate this Agreement with thirty (30) days' written notice. In the event of termination, the Client shall pay for all services rendered and expenses incurred through the effective date of termination. PGS shall deliver any completed or in-progress deliverables upon receipt of final payment. Sections relating to Confidentiality, Intellectual Property, Limitation of Liability, and Indemnification shall survive termination.
Any disputes arising out of or relating to this Agreement shall first be submitted to good-faith mediation, with costs shared equally between the parties. If mediation fails to resolve the dispute within sixty (60) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. The parties consent to the personal jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida for any legal proceedings related to this Agreement.
For questions about these Terms of Service or to discuss a potential engagement:
Effective Date: March 26, 2026