Version 1.8 · Effective October 18, 2026, with app version 1.15.0 · Lots 2 Sleep LLC, a Utah limited liability company, 991 Shepard Lane, Suite 210, Farmington, UT 84025. Questions and legal notices: hello@lots2sleep.com.
Lots 2 Sleep™ Lot Owner Agreement
The short version: You list your lot on Lots 2 Sleep. Every booking is a parking agreement between you and that driver; Lots 2 Sleep is not a party to it. Drivers pay $5 an hour, 1 hour minimum. You get $2 an hour, and Lots 2 Sleep keeps the rest. You are paid once a month, around the 5th, for time that was actually paid. You are responsible for your lot, its condition, its legality and your own insurance. Lots 2 Sleep provides no damage protection, insurance or guarantee. The driver is responsible for their vehicle and conduct. Lots 2 Sleep runs the app, the booking records and payment collection, and is not responsible for what drivers or other people do.
PLEASE READ CAREFULLY. LOTS 2 SLEEP PROVIDES NO INSURANCE, DAMAGE PROTECTION OR GUARANTEE (SECTION 14). THIS AGREEMENT INCLUDES A RELEASE, AN INDEMNITY THAT APPLIES EVEN IF LOTS 2 SLEEP WAS PARTLY NEGLIGENT, AND LIMITS ON OUR LIABILITY (SECTION 15), A ONE-YEAR DEADLINE TO BRING CLAIMS (SECTION 22.7), AND BINDING ARBITRATION WITH A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 22). YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 22.8).
This Agreement is between Lots 2 Sleep LLC, a Utah limited liability company ("Lots 2 Sleep," "we," "us"), and the person or business that lists a lot and signs this Agreement ("Owner," "you"). You are the "Owner" under this Agreement whether you own the property or lease or manage it. "Property owner" means the person or business that holds title to the land. "Driver" means a person who books a spot on your lot, and "payer" means a person who pays for a driver's stay through "Someone else pays." This Agreement starts when you sign it by checking the agreement box and typing your name, on the website or in the app. Your electronic signature has the same effect as signing on paper.
1. Two separate agreements, and what Lots 2 Sleep does not do
- This Agreement is between you and Lots 2 Sleep. It covers listing your lot on the app, prices, payouts, insurance and the promises in this Agreement.
- Each booking is a separate parking agreement directly between you and the driver. It is a Parking License: your short-term, revocable, non-transferable permission for the driver to park and rest in their own vehicle in the booked spot for the license period, under your listing, your lot rules and the Standard Parking Terms in the Driver Terms. It is not a lease, rental of a dwelling, lodging or camping, and it does not create a tenancy, residence or property right. You keep full possession and control of your property at all times. Lots 2 Sleep is not a party to that agreement. Except as your limited payment collection agent (Section 5.1) and your limited Parking License agent (Section 1.7), Lots 2 Sleep is not your agent or the driver's, and is not a partner, employer, landlord, insurer or guarantor of either of you.
- No bailment. You will not take, hold or move a driver's keys or vehicle, except through lawful towing. No bailment is created between you and Lots 2 Sleep, or between Lots 2 Sleep and any driver.
- What we do not do. Lots 2 Sleep does not own, lease, inspect, operate, supervise, patrol or monitor any lot. We are not an emergency, security or towing service, and we are not an insurer. Any review we do of your listing or documents is for our own business purposes only. It is not an inspection, an approval or a confirmation that your lot is legal, suitable or free of hazards, and you may not rely on it.
- Problems with a driver. If a driver gives false information, damages your property, breaks your rules, acts in bad faith or causes you any loss, your claim is against the driver, not Lots 2 Sleep. We may choose to help (for example, by suspending the driver, or by sharing the driver's booking details with you, your insurer or the police when the law allows), but we are not required to.
- No background checks. We do not run criminal background checks on drivers. We do not guarantee any driver's identity, honesty, conduct or ability to pay beyond the payments we actually collect.
- Parking Licenses - your authorization. For each booking on your lot, you grant the booking driver a short-term, revocable, non-transferable license to park one vehicle in the booked spot and rest in it during the booked license period, subject to your lot rules and the Driver Terms (a "Parking License"). You appoint Lots 2 Sleep as your limited agent solely to issue, deliver, record, display, verify and end written Parking Licenses in your name, showing your business name, the property and spot, the vehicle and the license period, and stating that the vehicle is parked with your express written permission and is not trespassing. You confirm that you own the lot or have the property owner's written permission to grant Parking Licenses, and that every Parking License issued through Lots 2 Sleep for your listed spots and hours is authorized by you. Acting as your limited agent for Parking Licenses and payments does not make Lots 2 Sleep your partner, employer, landlord, manager or operator of your lot.
- When a Parking License ends. A Parking License ends at the end of its license period; when the driver checks out; when the licensed vehicle leaves your property and the driver does not confirm a short break (such as food, a restroom or fuel, at your business or nearby), or does not answer our "are you coming back?" alert within 15 minutes; when a driver on a confirmed break is not back by the end of the license period; or when you revoke it for safety or a violation of your lot rules. You may report a vehicle as gone in the app, which sends the driver the same alert. Unused time is not refunded to the driver, and your share of the booking is not reduced when a driver leaves early.
- Short rests, not stays. Lots 2 Sleep advertises short rests, booked by the hour. Drivers may book or add more time if your spots and hours allow; how long you offer is up to you. Guests rest in their own vehicles: no camping, tents, cooking or grills, and no alcohol or drugs on your lot (these license rules are shown to every guest). Lots 2 Sleep does not police your lot. If your lot is regularly used for very long rests, we may ask you for written confirmation from your local government that this use is allowed before keeping your listing active.
2. Who may list, and your promises
You make these promises when you sign this Agreement and each time you list or change a lot.
- Authority. You are at least 18 years old. You own the lot, or you lease or manage it and have the property owner's written permission to let drivers park and rest on it through Lots 2 Sleep. If you sign for a business, church, school or other organization, you are authorized to bind it.
- Lease, HOA, landlord, zoning and permits. Before listing, you checked, and nothing in any deed, lease, mortgage or deed of trust, easement, HOA or owners' association rule, or other agreement, and no zoning rule, permit condition or law, stops you from allowing this use. This includes any city or county rule about how long vehicles may park, sleeping or resting in vehicles, "camping," loitering, noise, lighting or signs. You will choose hours that follow those rules. You have any business license or permit that applies. Lots 2 Sleep does not review whether your lot is legal for this use. Any legal information we give you (including our owner guide and police letter) is general information, not legal advice.
- Accuracy. Everything you tell us and drivers, in your listing, your Owner Declaration and your documents, is true and complete. You will update your listing within 24 hours if anything in it changes.
- Lighting and condition. During every booked hour, your lot will have the lighting and condition your listing describes, and will be reasonably free of hazards you know about, or you will clearly warn drivers about them in your listing (see Section 8.3).
- Local rules. You will follow every law and rule that applies to your lot and your bookings, including towing law, fire codes and disability-access laws.
- Drivers may rely on these promises. These promises are made to Lots 2 Sleep and to every driver who books your lot, and drivers may enforce them. If a promise is untrue, you, not Lots 2 Sleep, are responsible to the driver.
- If anything changes. If your authority, permission or the legality of this use ends or changes, or if you receive any warning, citation, letter or complaint from a city, county, police department, landlord, lender or owners' association about drivers using your lot, pause your listing right away and send us a copy within 48 hours.
- Parking License. You allow us to show your lot's name, location and your authorization on drivers' Parking Licenses. Anyone who scans a Pass's QR code, including police, sees only: whether the booking is active (after the stay's time limit it shows "time is up"), the booking code, the plate's state and last 3 characters, the lot name, the time window, whether your permission is on file, and your lot's contact details only if you chose to show them (Section 11.4). It does not show the driver's name or phone number, the city, or the lot's place on a map. The full Pass is shown only to the signed-in driver, to you and to Lots 2 Sleep.
3. Proof of your right to list (signed Owner Declaration)
- Proof before going live. Before your lot goes live, you either (a) sign the Owner Declaration in the app or on paper, which is a signed declaration (not a sworn or notarized statement) giving your parcel or deed number and stating that you own the property or have the property owner's written permission, or (b) upload a deed or county property record in your name, or a lease or management contract plus the property owner's signed permission. A phone photo is fine. We record the date, time and internet address of your signature.
- Tenants and managers. If you lease or manage the lot, the property owner must co-sign the property owner permission part of the Owner Declaration, or give you other signed written permission that you upload.
- Checking and keeping proof. We may check county records and contact the property owner to confirm your information. We may ask for documents at any time. Keep a copy of any permission letter while your lot is listed and for 2 years afterward, and give it to us within 5 business days if we ask.
- False declarations. A false or misleading Owner Declaration or document is a serious breach of this Agreement. It may lead to immediate removal of your lots, holding of your payouts, repayment of any refunds or costs Lots 2 Sleep pays because of it, and legal action to recover our losses.
4. Prices and your share
- Lots 2 Sleep sets the price drivers pay. These are the current prices:
Driver pays You get Lots 2 Sleep keeps 1 hour $5.00 $2.00 $3.00 2 hours $10.00 $4.00 $6.00 Each hour added (+1 hour) $5.00 $2.00 $3.00 Add-ons (working restroom; attendant or patrol) No extra charge - - - Booked time and added time. Time is sold by the hour ($5 an hour for drivers at a standard lot). A driver books 1 hour starting when they arrive or within 15 minutes ("book now") or at a set date and time ("pre-book"), may tap +1 hour to book more, 1 hour at a time, and pays for that time up front. About 15 minutes before the time is up, the app alerts the driver, who may add another hour at a time, only if the spot is free for that time and within your lot's open hours. Your share is $2 an hour for every hour booked or added, whatever the driver's price for that time.
- You are paid only for time actually paid. Your share is figured only on money we actually receive for a booking (the booked time plus any added time). If a payment fails, is refunded or is reversed, you are not paid for that time (see Section 6). A driver who leaves early still pays for the time booked or added, and you get your share of it. If a driver cancels a pre-booked stay less than 12 hours before it starts, we keep the price of 1 hour and you get your share of that hour ($2.00, plus any add-ons).
- "Someone else pays" stays. A driver may have another person, the payer, pay for a book-now stay. The payer pays for the time the driver booked and may also check a box agreeing to pay for time the driver adds, up to a dollar limit shown to the payer. If the box is not checked, the stay can't be extended and ends when the booked time is up. The payer is not responsible for damage or for the driver's conduct; the driver is.
- Every stay ends when its paid time is up. A stay ends when the driver's paid time is up (booked time plus any added time), when the driver checks out, or at your closing time, whichever comes first. The app then closes the stay by itself, billing stops, and the app tells you and the driver. A public Pass check shows "time is up." Lots 2 Sleep does not bill for time after a stay ends, and has no further duty to you about that stay. A vehicle still on your lot after the stay ends is there without permission, and that is a matter between you and the vehicle's owner under Section 10, your posted signs and the law. There is no overstay fee.
- Promotions and rewards are paid by us. We may run promotions, discounts or referral credits at our own cost. They do not reduce your share. Referral and Lot Hunter rewards are paid by Lots 2 Sleep from its own share and never reduce your payout.
- Price and fee changes. We may change the driver price, your share or our fees only after giving you at least 30 days' notice by email and in your owner dashboard. A change never applies to a booking already made. The prices in effect when a driver books apply to that whole visit. If you do not accept a change, you may pause or remove your lot before it takes effect.
5. Payouts
- Limited payment collection agent. You appoint Lots 2 Sleep as your limited payment collection agent to collect booking payments from drivers and payers for you. A driver's or payer's payment to Lots 2 Sleep counts as payment to you. Lots 2 Sleep keeps the difference between what is paid and your share as its platform fee.
- Once a month, around the 5th. Around the 5th of each month, we pay you your share of every paid visit that ended in the month before (including no-shows the driver paid for), through our payment processor, Stripe, using Stripe Connect, to the bank account you connect. Stripe usually deposits it within a few business days.
- Payout setup. To receive payouts you must accept Stripe's Connected Account Agreement and pass Stripe's identity and tax checks. Until then, your earnings are recorded in your owner dashboard and are paid on the next payout date after your setup is finished. If your setup is not finished within 12 months after you first earn money, we will send reminders to your account email, and any amount still unpaid will be handled as Utah's unclaimed property law requires.
- No trust, no interest. We hold collected payments in our ordinary business accounts through Stripe until your payout date. They are not held in trust or escrow and do not earn interest for you.
- Questions about a payout. Your dashboard shows each booking and what you earned. If you think a payout is wrong, tell us within 60 days after it is paid. After that, the payout is final, except for later refunds, chargebacks, fraud or legal holds.
6. Refunds, chargebacks, set-off and amounts you owe
- Refunds come out of your share. Drivers report a problem with a lot in the app, before checking in, with a photo; we review each report. If a driver gets a refund because your lot was closed, blocked, unusable, hazardous or not as listed, because a listed add-on was not there (that part only), because you cancelled the booking, or because of a wrongful tow, the refund comes out of your share for that booking. If it was already paid to you, it comes out of your future payouts.
- Chargebacks and reversed payments. If a payment is reversed by a chargeback or by the card company for any reason, you are not paid for that booking, and if your share was already paid we may recover it. If the chargeback was caused by your lot, your listing or your conduct, you also pay the payment processor's dispute fee.
- Set-off. We may subtract any amount you owe us under this Agreement (for example refunds, chargebacks, wrongful-tow costs, side-deal amounts, or taxes we pay because of you) from any payout for any of your lots.
- Negative balance. If what you owe is more than your upcoming payouts, you have a negative balance. It is deducted from your future payouts. If it is not repaid within 30 days, we may send you an invoice, which you will pay within 15 days, and we may collect it as the law allows.
- Holds and reserve. We may delay or hold a payout while we look into suspected fraud, a driver's complaint or report, a legal hold, or missing tax information. If we reasonably see an unusual level of refunds, complaints or chargebacks, or a sign that you are leaving Lots 2 Sleep, we may also hold back a reasonable part of your payouts for up to 120 days to cover likely refunds and chargebacks. We will tell you why, and release what is not needed.
7. Taxes
- Your own taxes. You are responsible for your own income taxes and for any tax, fee or license that applies to your lot or your bookings, unless we tell you in writing that we are collecting a particular tax.
- Tax ID and 1099-K through Stripe. Stripe collects your taxpayer ID (on a Form W-9 or equivalent) for us, and issues an IRS Form 1099-K or other tax form when the law requires. You agree to receive tax forms electronically.
- Backup withholding. If your tax information is missing or wrong, we may hold your payouts until it is fixed, and we or Stripe may withhold any amount the IRS or a state requires (such as backup withholding).
- Taxes the law requires us to collect. If the law requires Lots 2 Sleep to collect a sales, parking, transient room or other tax on bookings, we may start collecting it, either by adding it to the driver's price or by taking it out of the booking amount before your share is figured. We will give you at least 30 days' notice before your share changes because of this, unless the law requires us to start sooner, in which case we will tell you as soon as we can. We will not add it to bookings already made unless the law requires it.
- Repaying tax caused by you. If a tax authority makes us pay a tax, penalty or interest because of your information or your lot, you will repay us, and we may subtract it from your payouts.
8. Your lot, your listing and add-ons
- Keep booked spots open and usable for the whole booked time.
- Accurate listing. Your listing must accurately describe the location, number and size of spots, hours and dates, lighting, cameras, on-site staff, restroom access, surface condition, your lot rules, and any crime or hazard concerns you know about. Never call your lot "safe" or "secure." Do not call it "guarded," "patrolled" or "monitored" unless that is true during every booked hour. We may edit, shorten or decline listing wording that breaks this rule.
- Condition. Keep the lot reasonably free of hazards you know about (such as holes, broken glass, ice or blocked exits), or clearly warn drivers about them in your listing. You are responsible for snow and ice removal, for the lighting you list, and for keeping fire lanes and exits clear.
- Add-ons are your promise, not ours. Only list an add-on that is really there for drivers during their visit. A working restroom must be open to drivers at the place and hours you list. Attendant or patrol means you say someone is on site, or patrols the lot, at the times you list, and you describe who and when. Lots 2 Sleep does not provide, check or guarantee any add-on, and an attendant or patrol is not protection from harm or loss. If a driver reports that a listed add-on was not there, we may refund that part of the booking from your share. Changing add-ons changes your price, so the lot is reviewed again before the change goes live.
- Seasonal dates. You may limit your lot to certain dates (for example, summer break). Drivers only see and book your lot inside those dates.
- License length. Lots 2 Sleep advertises short rests; a license lasts the time the driver books plus any time added, within your lot's open hours (Section 1.9). Drivers may book a stay now (starting within 30 minutes) or pre-book a date and time up to 30 days ahead, and you agree to keep the booked spot open for each booked time. You may set your own rules for your lot in your listing (for example, how often the same driver may stay), and drivers agree to follow your listed rules. You keep control of your property: a license does not give a driver exclusive possession of your lot or any space, and you may move a driver to another spot on your lot when needed.
- Disability access. You are responsible for following any disability-access laws that apply to your property.
- Staff and conduct. You are responsible for screening and supervising your employees, contractors and anyone you allow on the lot, and for their conduct. You and they will not threaten, harass or use force on drivers.
9. Pausing, cancelling and strikes
- Pausing stops new bookings only. You may pause your lot at any time. A pause does not cancel bookings already made, and you must honor them.
- Cancelling a booked visit. Cancel a booked visit only for a good reason (for example, an emergency, severe weather, snow removal or an order from an authority). Email us at hello@lots2sleep.com as early as you can, and before the visit starts whenever possible. The driver gets a full refund, which is deducted from your share (Section 6.1).
- Strikes. Each of these is a strike: a confirmed report that your lot was closed, blocked, unusable or hazardous during a booking; a driver who could not get in for a booked visit; a false or misleading listing; a cancellation with less than 24 hours' notice (unless caused by an emergency, severe weather or an order from an authority, which you will explain if we ask); or a wrongful tow. Three strikes in 12 months removes your lot. A serious problem can remove your lot right away (Section 20.2).
- Review. If you think a strike, suspension or removal was a mistake, email us within 30 days and we will review it in good faith. Our decision after that review is final, subject to Section 22.
10. Removing drivers and towing
- Your right to remove. You may refuse entry to, or ask to leave, any driver who does not have an active booking, who stays past the end of their stay, or who breaks your posted lot rules, the Driver Terms or the law. Tell us the same day so we can end the booking and handle any refund.
- Check the Parking License first. Before you, your staff or a tow company acting for you tows, boots or removes any vehicle, check whether it has an active Parking License (scan its QR code). If it does, contact us at hello@lots2sleep.com before towing, unless there is an emergency or the vehicle blocks a fire lane, exit or access.
- Your signs must honor valid Parking Licenses. If your lot has towing signs, they must not contradict an active booking. Add wording such as: "Lots 2 Sleep drivers with an active Parking License may park in marked spots during booked times."
- Follow Utah towing law. Any tow or boot must follow Utah Code 72-9-603 (or your state's law) and local rules, including the required signs at each entrance or, where there are no signs, the required written notice and waiting period (see tow.utah.gov). Boot only where local law allows it.
- After a stay ends. After a stay ends (Section 4.5), the vehicle no longer has permission to be on your lot. You may have it towed under this section, Utah law and your posted signs. Lots 2 Sleep is not involved in that decision and is not responsible for it.
- Wrongful tows. If you, your staff or a tow company acting for you tows, boots, tickets or removes a vehicle with an active booking in a way this section does not allow, you will repay the driver's towing, storage and related costs. We may pay the driver first and deduct the amount from your payouts.
- We do not tow. Lots 2 Sleep never authorizes, requests or controls any tow and is not your agent for towing.
11. Emergencies, police and authorities
- Emergencies. Lots 2 Sleep is not an emergency service and does not watch lots or messages in real time. In any emergency, you and your staff should call 911 first. Report any injury, crime or police incident involving a booking to us right away, and no later than the next day. We recommend posting your lot's street address where drivers can see it, for 911 callers.
- Police requests for driver information. If police or another authority asks you for a driver's information beyond what the Parking License shows, send them to us at hello@lots2sleep.com, unless there is an emergency or a legal order directed to you. In that case, tell us afterward.
- Our sharing. Lots 2 Sleep may share booking, lot and owner information with police or other authorities when the law requires or allows it, or to protect someone from harm.
- Your contact on the Parking License check (optional). You may add a contact name, phone and email for your lot and choose to show it. If you do, anyone who scans a driver's Parking License at your lot (for example police, a tow company or the driver) can see it. You can change or hide it at any time in the app. Only add contact details you have the right to share.
- Be a good host: tell your local police (recommended, not required). You invited your guests and gave them a license to rest on your property, so help protect their rest. We recommend that you call your local police department's non-emergency line and let them know you have given Lots 2 Sleep guests permission to rest in your listed spots, so officers on patrol know those vehicles are your welcome guests and your guests can sleep without being disturbed. You may also download an Authorized Guest Notice in the app to keep on hand or post at your spots. If you have ever given your police department or a tow company a trespass authorization, no-trespass letter or patrol instructions for your lot, update them so they allow your Lots 2 Sleep guests in your listed spots during booked times.
12. Driver information
- Use it only for the booking. Driver information includes names, license plate numbers, vehicle descriptions and Parking License details. You and your staff may use it only to confirm and manage that booking, enforce your lot rules, protect your property, report a problem to us, your insurer or the police, or as the law requires.
- No plate databases and no selling. You will not sell, rent or trade driver information. You will not add plates or other driver information to any database, plate-reader (ALPR) list, hotlist or marketing list, post it online, or use it to contact a driver about anything other than their current booking. Share it only with staff who need it, your insurer, your lawyer, the police, or as the law requires.
- How long you keep it. Delete driver information within 90 days after the booking ends, unless you need it for an open claim or police request, or the law requires you to keep it longer. Any cameras must follow the law and must not be aimed into vehicles.
- Protect it. Protect driver information, and tell us within 72 hours of any loss of it or access to it by someone who should not have it.
- The Privacy Policy (part of the Driver Terms page) explains how Lots 2 Sleep handles information.
13. Fair treatment (non-discrimination policy)
- You and your staff will not refuse, cancel, remove, charge differently or set different rules for any driver because of race, color, ethnicity, national origin, religion, sex, pregnancy, sexual orientation, gender identity, age (18 and over), disability, marital or family status, military or veteran status, or any other trait protected by federal, state or local law.
- You may still act on a driver's conduct, the vehicle's size or condition, a rule that applies equally to every driver, or a real concern for someone's well-being. Service animals and mobility devices must be allowed wherever the driver may go.
- Breaking this section may lead to immediate removal.
14. Insurance, and no damage protection
- Insurance. Insurance is not required to list, but owners are strongly encouraged to carry general liability insurance that covers paid parking. You are responsible for your own lot and your own coverage. We suggest asking your insurer to confirm in writing that your policy covers drivers who park and rest on your lot through a booking app. If your policy excludes this use, any uninsured loss is yours.
- Telling us. You tell us in your Owner Declaration whether you have this insurance. You may upload a certificate of insurance at any time, and if you do, tell us if the coverage is cancelled or reduced. You may also choose to name Lots 2 Sleep LLC as an additional insured on your policy.
- Our insurance does not cover you. Lots 2 Sleep carries insurance for its own company only. It does not cover you, your lot, your staff, your property or drivers, and you may not make a claim under it.
- NO DAMAGE PROTECTION. LOTS 2 SLEEP PROVIDES NO DAMAGE PROTECTION, INSURANCE OR GUARANTEE. WE DO NOT PROMISE TO PAY FOR ANY DAMAGE, THEFT, INJURY, CLEANUP, TOWING, LOST INCOME OR OTHER LOSS CAUSED BY A DRIVER OR ANYONE ELSE. If a driver damages your property, your claim is against the driver and your own insurer. If we ever choose to make a goodwill payment, it is a one-time courtesy. It is not an admission of responsibility and does not create any duty to pay again.
- Not having insurance, or having a claim denied, does not reduce your responsibilities under this Agreement, including Section 15.
15. Responsibility, release, indemnity and limits
- You alone are responsible for your property, its condition, lighting, maintenance and legality, and for the actions of you, your staff and anyone you allow on the lot.
- Local laws are your responsibility. It is your job, not Lots 2 Sleep's, to check and follow every law, ordinance, zoning rule, permit, lease and association rule that applies to your lot and to drivers parking and resting on it. If you, Lots 2 Sleep or any driver is warned, cited, fined, towed, detained or otherwise penalized, or a claim is made, because your lot or your listing did not follow those rules or because you did not check them, that is your responsibility, and Section 15.3 applies. The parking agreement and Parking License are between you and the driver; Lots 2 Sleep only facilitates the booking, collects payment for you, and issues and displays the written Parking License on your behalf. Government notices: if any government official or agency tells you that parking or resting on your lot is not allowed, or asks you to stop, you will stop accepting bookings and tell us within 1 business day (hello@lots2sleep.com). We may pause or remove your listing right away, without notice, if we receive or learn of such a notice or believe your listing may not follow the law.
- RELEASE. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE LOTS 2 SLEEP LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ALL CLAIMS, DAMAGES AND LOSSES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO DRIVERS' USE OF YOUR LOT, ANY DRIVER'S, PAYER'S OR OTHER PERSON'S FALSE STATEMENTS, BAD FAITH, NEGLIGENCE OR CRIMES, AND ANY DISPUTE BETWEEN YOU AND A DRIVER OR PAYER. THIS RELEASE INCLUDES CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF LOTS 2 SLEEP, BUT NOT GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.
- INDEMNITY (HOLD HARMLESS AND DEFENSE). YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS LOTS 2 SLEEP LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES AND CONTRACTORS FROM ALL CLAIMS, LOSSES, DAMAGES, FINES, JUDGMENTS, SETTLEMENTS AND COSTS (INCLUDING REASONABLE ATTORNEY'S, COURT AND EXPERT FEES) ARISING FROM: (A) THE CONDITION, LIGHTING, MAINTENANCE OR OPERATION OF YOUR LOT; (B) ANY OF YOUR PROMISES IN SECTIONS 2 OR 3, OR YOUR OWNER DECLARATION, BEING UNTRUE; (C) THE ACTS OR OMISSIONS OF YOU, YOUR STAFF OR ANYONE YOU ALLOW ON THE LOT; (D) YOUR VIOLATION OF ANY LAW, ZONING OR PERMIT CONDITION, LEASE, HOA RULE OR TOWING LAW; (E) ANY TOWING, BOOTING OR REMOVAL YOU CAUSE; (F) INJURY, DEATH OR PROPERTY DAMAGE OCCURRING ON YOUR LOT; (G) YOUR DISPUTE WITH A DRIVER OR PAYER; (H) ANY TAX, FEE OR LICENSE YOU OWE OR FAILED TO COLLECT, PAY OR REPORT; (I) YOUR (OR YOUR STAFF'S OR CAMERAS') COLLECTION, USE OR SHARING OF DRIVER INFORMATION; (J) ANY ADD-ON YOU LIST OR FAIL TO PROVIDE; (K) ANY CLAIM THAT YOU OR YOUR STAFF DISCRIMINATED AGAINST, HARASSED OR THREATENED A DRIVER; (L) ANY CLAIM BY YOUR LANDLORD, PROPERTY OWNER, LENDER OR OWNERS' ASSOCIATION; OR (M) ANY WARNING, CITATION, FINE, PENALTY, TOW, DETENTION OR OTHER ENFORCEMENT ACTION AGAINST YOU, LOTS 2 SLEEP OR ANY DRIVER, OR ANY CLAIM BY A DRIVER, ARISING FROM YOUR FAILURE TO CHECK OR FOLLOW ANY LAW, ORDINANCE, ZONING RULE, PERMIT, LEASE OR ASSOCIATION RULE THAT APPLIES TO YOUR LOT OR TO THE PARKING LICENSES YOU AUTHORIZE. THIS INDEMNITY APPLIES EVEN IF THE CLAIM ALLEGES OR IS CAUSED IN PART BY LOTS 2 SLEEP'S OWN ORDINARY NEGLIGENCE, BUT NOT TO THE EXTENT CAUSED BY LOTS 2 SLEEP'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR BY A BOOKING ERROR IN THE APP ITSELF (SUCH AS TWO DRIVERS BOOKED INTO ONE SPOT BECAUSE OF OUR SYSTEM).
- We may choose our own lawyer and control the defense at your expense, and you agree to cooperate. You may not settle any claim in a way that places any duty on Lots 2 Sleep without our written consent.
- LIMITS ON OUR LIABILITY. THE APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." LOTS 2 SLEEP DOES NOT GUARANTEE ANY NUMBER OF BOOKINGS, ANY LEVEL OF INCOME, OR ANY DRIVER'S CONDUCT OR ABILITY TO PAY. TO THE FULLEST EXTENT THE LAW ALLOWS, LOTS 2 SLEEP IS NOT LIABLE FOR LOST PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, AND ITS TOTAL LIABILITY TO YOU FOR ALL CLAIMS TOGETHER WILL NOT EXCEED THE GREATER OF (A) THE PLATFORM FEES LOTS 2 SLEEP KEPT FROM YOUR BOOKINGS IN THE 6 MONTHS BEFORE THE EVENT THAT CAUSED THE CLAIM, OR (B) $100, PLUS ANY PAYOUTS YOU EARNED THAT HAVE NOT YET BEEN PAID. YOU AGREE THESE LIMITS ARE A REASONABLE PART OF THE BARGAIN, BECAUSE LISTING IS FREE AND YOU, NOT LOTS 2 SLEEP, CONTROL YOUR LOT.
- Nothing in this Agreement limits responsibility that the law does not allow to be limited, such as for fraud, gross negligence or willful misconduct.
16. Independent business
You are an independent business or property owner. You decide whether to list, which hours and dates, how many spots, and your lot rules (within this Agreement). We do not require any minimum hours or bookings, and we do not supervise you or your staff. You pay your own costs, staff, taxes and insurance. You are not our employee, partner, joint venturer, franchisee or agent, and we are not yours (except as your limited payment collection agent in Section 5.1). Neither of us may sign contracts or make promises for the other. Referring other owners does not make you a Lot Hunter, employee or agent of Lots 2 Sleep.
17. No side deals and no poaching
- No side deals. While this Agreement is active and for 12 months after it ends, you will not book, or take payment from, any driver you first met through Lots 2 Sleep for parking or resting at any lot, except through the app, and you will not invite such a driver to book you directly or on another service.
- Talking with drivers. You may speak with a driver in person, or through the app, about their current visit. Send booking changes, refunds and problem reports through Lots 2 Sleep.
- No poaching. While this Agreement is active and for 12 months after it ends, you will not actively ask other lot owners or drivers on Lots 2 Sleep to leave it for a competing service.
- Only on Lots 2 Sleep while listed. While a lot is listed on Lots 2 Sleep (approved or paused), you will not list, advertise or rent that same lot, or any part of it, for short-term vehicle parking or rest stays through any competing app, website or booking service. If you want to list it elsewhere, first remove it from Lots 2 Sleep (you can ask us any time, and any stays already booked must be honored or cancelled with a full refund to the driver). This does not stop you from using your property for your own business or from renting it under a long-term lease or contract that is not a short-term parking booking service.
- If you break this section. We may remove your lots and ask a court to order you to stop. Because our actual loss from a side deal is hard to measure, you also agree to pay Lots 2 Sleep, as a reasonable estimate of that loss and not as a penalty, the fees we would have earned on those visits through the app, or $50 per driver, whichever is greater. We may subtract this from your payouts.
18. Reviews, listing content and confidentiality
- Reviews and reports. Drivers may send us reports about your lot (for example, that it was closed or blocked) and, if the app offers it, rate or review it. You may report drivers to us. Reviews and reports must be honest, about the actual visit, and free of threats, personal information and discriminatory language. We do not verify reviews, but we may remove ones that break these rules. You will not offer money, refunds or other benefits for a review, or pressure a driver to change one. We may use reviews and reports, with other information, to decide on strikes, search ranking or removal.
- Listing content. You keep ownership of the photos, text and other content you add. You give Lots 2 Sleep a royalty-free, worldwide, non-exclusive license, which we may pass to our service providers, to use, copy, edit, crop, translate, display and share that content, and your lot's name and general location, to run, improve and promote Lots 2 Sleep, during this Agreement and afterward for materials already made. You promise you have the rights to the content, and that it does not show identifiable people or readable license plates without permission.
- Confidentiality. You will keep private any non-public information about Lots 2 Sleep you learn through the app or from us (for example, non-public app features, owner reports, other owners' information and business plans), and any driver's personal information, and use it only to host drivers under this Agreement. This does not cover information that is public (such as our posted prices and owner pay), that you already knew, or that the law requires you to share (tell us first if you can). This lasts 3 years after this Agreement ends, and for as long as you have it in the case of drivers' personal information.
19. Selling the property or ending your lease
- If you sell the lot, your lease or management contract ends, the property owner withdraws permission, or you otherwise lose the right to list the lot, tell us at least 14 days before, or as soon as you know, and pause the lot for any time after your rights end.
- Bookings that fall after your rights end will be cancelled and refunded. If you did not tell us in time, those refunds and any related costs come out of your payouts (Section 6).
- Your listing cannot be transferred. A new owner, tenant or manager must sign their own Agreement and Owner Declaration.
20. Term, suspension and ending this Agreement
- Term. This Agreement starts when you sign it and lasts until either side ends it.
- Suspension and removal. Lots 2 Sleep may suspend or remove a listing right away, without notice, for any concern about harm to people or property, a legal or insurance issue, a complaint from an authority, suspected fraud, or a breach of this Agreement. Only Lots 2 Sleep can lift a suspension it places.
- Changes reviewed first. Changes to your lot's address, location, number of spots, add-ons or documents are reviewed by Lots 2 Sleep before they go live.
- Ending. You may end this Agreement at any time by emailing us and removing your lots, but you must honor bookings already made unless we agree otherwise. We may end it with 30 days' notice by email, or right away under Section 20.2. Bookings already made are honored and paid, unless the lot was removed for a legal, insurance, fraud or harm-related reason, in which case they are cancelled and refunded.
- Final payout. After this Agreement ends, we pay what you earned on the next regular payout date, minus any refunds, chargebacks or amounts you owe. We may hold back a reasonable amount for up to 120 days to cover chargebacks.
- No re-listing. If we remove you or your lot for fraud, discrimination, harm to people or property, or a serious breach, you may not list again under another name, account or business without our written permission.
- What continues after the end. Any part of this Agreement that by its nature should continue after it ends will continue, including Sections 1, 2, 3.4, 4.3 through 4.5, 5, 6, 7, 10.6, 12, 14, 15, 17, 18.2, 18.3, 19, 20.5 through 20.7, 22 and 23, and any amount either side owes the other.
21. Changes to this Agreement
- We may change this Agreement by posting the new version and telling you by email or in the app at least 30 days before a material change takes effect (sooner only if the law requires it or to prevent harm to people or property). Price and fee changes follow Section 4.7.
- Changes never apply to bookings already made or to disputes already pending or noticed.
- If you do not agree to a change, you may end this Agreement before it takes effect. If you keep your lot listed after that date, you accept the new version. You may be asked to sign again in the app.
22. Disputes and arbitration
- Talk to us first. Before starting arbitration or a court case, the side with the dispute sends a written notice of dispute: by email to hello@lots2sleep.com and by mail to the address in Section 23.7 (or, from us, to the email on your account). It must give your name, your lot, what happened and what you want. Both sides will try in good faith to resolve it for 60 days. The one-year deadline in Section 22.7 is paused during those 60 days.
- Binding individual arbitration. Any dispute between you and Lots 2 Sleep that is not resolved in those 60 days will be decided by binding individual arbitration administered by the American Arbitration Association (AAA). Because owners list as businesses, the AAA Commercial Arbitration Rules apply, except that if you are an individual and the AAA decides its Consumer Arbitration Rules apply, those rules apply instead. When the AAA's mass arbitration or multiple-case filing rules apply, they control. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on another arbitration provider; if they cannot agree within 30 days, either side may ask a court to appoint one under 9 U.S.C. § 5. Either way, the dispute is still decided by arbitration, not in court. The Federal Arbitration Act governs this section. Hearings may be held by video or phone, or in person in Davis County, Utah.
- Help with fees. Lots 2 Sleep pays the business share of AAA fees that the applicable rules require. If you start an arbitration for less than $10,000, you pay no more than $250 in filing fees, and Lots 2 Sleep pays the rest of the filing fees and the AAA administrative and arbitrator fees, unless the arbitrator finds your claim was frivolous or brought for an improper purpose.
- Who decides. The arbitrator decides all questions about the scope, validity, enforceability and arbitrability of this section, except that a court decides any question about Section 22.6.
- Small claims and court orders. Either side may instead bring an individual claim in small claims court. Either side may also ask a court to stop a breach of Section 12, 17 or 18.3.
- CLASS ACTION AND JURY TRIAL WAIVER. EACH SIDE WAIVES THE RIGHT TO A JURY TRIAL AND TO BRING OR TAKE PART IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE FOR A CLAIM, THAT CLAIM WILL BE DECIDED IN COURT UNDER SECTION 23.1, AFTER ANY ARBITRATION OF THE OTHER CLAIMS.
- ONE-YEAR DEADLINE. TO THE FULLEST EXTENT THE LAW ALLOWS, ANY CLAIM EITHER SIDE HAS UNDER OR RELATED TO THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT IS PERMANENTLY BARRED. A CLAIM FOR INDEMNITY UNDER SECTION 15.3 ARISES WHEN THE THIRD-PARTY CLAIM IS MADE AGAINST LOTS 2 SLEEP, AND A CLAIM FOR AN AMOUNT OWED UNDER SECTION 6 ARISES WHEN THE AMOUNT IS DUE.
- Your right to opt out. You may opt out of arbitration (Sections 22.2 through 22.4) by emailing hello@lots2sleep.com with the subject "Arbitration Opt-Out," your name, your account email and your lot address, within 30 days after you first sign this Agreement (if you signed an earlier version, within 30 days after you sign Version 1.8). Opting out does not affect any other part of this Agreement. If you opt out, disputes will be decided in court under Section 23.1, and both sides still waive a jury trial to the extent the law allows.
- Changes to this section do not apply to disputes already pending or noticed. Disputes between you and a driver or payer are not covered by this section; they are between you and that person.
23. General terms
- Utah law and courts. This Agreement is governed by the laws of the State of Utah and, for Section 22, the Federal Arbitration Act. Any matter that goes to court will be brought only in the state courts located in Davis County, Utah, or the federal court for the District of Utah, and both sides agree to those courts' jurisdiction.
- Severability. If any part of this Agreement is unenforceable, a court or arbitrator may narrow it to the most that is enforceable, and the rest still applies.
- Entire agreement. This Agreement, your Owner Declaration, the Driver Terms (including the Standard Parking Terms), the Privacy Policy and, if you take part, the Referral Rewards Rules are the entire agreement between you and Lots 2 Sleep about listing your lot. If they conflict, this Agreement controls between you and us.
- Assignment. You may not transfer this Agreement without our written consent. We may transfer it to an affiliate or in a merger, sale or reorganization, and will tell you by email when we do. This Agreement binds and benefits each side's permitted successors.
- Events beyond our control. We are not liable for delays or failures caused by events beyond our reasonable control, including weather, disasters, outages, government action or failures of third-party services.
- No waiver. If we do not enforce part of this Agreement, that is not a waiver of our right to enforce it later.
- Notices. We send notices to the email on your account and, where useful, in the app. They take effect when sent, so keep your email current. You send notices to hello@lots2sleep.com. A notice of dispute or other formal legal notice must also be mailed to Lots 2 Sleep LLC, Attn: Legal, 991 Shepard Lane, Suite 210, Farmington, UT 84025.
- Electronic signature and records. You agree this Agreement and all notices, records and tax forms may be provided electronically, and that your electronic signature is valid under the federal E-SIGN Act and the Utah Uniform Electronic Transactions Act. You may ask for a paper copy, or withdraw consent, by emailing us. You agree we may send you emails and messages in the app about your account, listings, bookings and payouts. The app does not send text messages. We keep a record of the version you signed, your typed name, and the date, time and internet (IP) address of your signature, plus your browser information (user agent) when you sign in the app (when you list a lot or agree to a new version). We keep these signature records even if you close your account.
- Wording. Headings are for convenience only. "Including" means "including, without limitation."
24. Referral rewards
Owners can refer other lot owners and friends under the Referral Rewards Rules, which set the current amounts, any launch special, and how and when rewards are paid. Rewards are "up to" amounts, paid only from Lots 2 Sleep's share of money actually received for completed paid stays, so you may get less than the full amount or nothing. Rewards never reduce your payouts. Lots owned or run by you, your family or your household do not earn a lot referral reward, and bookings of your own lot by you, your household or your staff do not earn a friend reward.