Lotustay Exchange

Lotustay Exchange · Membership · Binds when features available

Host / Lodging Addendum

Effective Date: September 17, 2026

Operator: Lotustay Inc. · Contact: tommymai@tmaifinancial.com

Status: EFFECTIVE — Tommy set Effective Date September 17, 2026 (PT)
Not legal advice.

Operator: Lotustay Inc. (a California stock corporation)
Club / Platform: Lotustay Exchange (lotustayexchange.com / lotustay.exchange)
Related brand: Lotustay.com (separate site / vacation-home lodging brand; Exchange Lotus$ may apply to designated Lotustay.com inventory under Ledger Terms §5A and this Addendum when enabled)
Effective Date: September 17, 2026
Contact: tommymai@tmaifinancial.com

When this Addendum applies

This Host / Lodging Addendum (the “Addendum”) is effective as of September 17, 2026. It binds Members who use lodging features when Operator makes those features available: (a) lodging, short-term rental (“STR”), host-stay, or similar hospitality listing categories on Lotustay Exchange, and/or (b) Lotus$ application toward designated Lotustay.com vacation-home lodging inventory under the Ledger Terms. Operator still controls when listings and Lotustay.com Lotus$ inventory go live. Waitlist soft-launch marketing must not claim live redemption until Operator publishes enablement. Soft-night definitions follow Soft_Night_Definitions_Schedule_Lotustay_Exchange_PUBLISHED.md.

This Addendum supplements the Member / Club Rules and the Lotus$ Ledger / Trade-Credit Terms (the “Ledger Terms”). Capitalized terms not defined here have the meanings in those documents. If this Addendum conflicts with the Member / Club Rules or Ledger Terms on a lodging-specific topic, this Addendum controls for that topic; Ledger Terms §5A controls the character of Lotus$ and the soft-nights lodging-application rules.

1. Scope and When This Addendum Applies

1.1 This Addendum applies to any Member who (a) lists, offers, hosts, or facilitates a stay in residential, vacation, or other lodging space through Lotustay Exchange, or (b) books, requests, or occupies such a stay as a guest (respectively, “Host” and “Guest”).

1.2 Lodging categories may include whole-unit stays, private rooms, shared spaces, or other formats Operator enables. Operator may enable, restrict, or disable lodging features by geography, property type, or Member status.

1.3 Lotustay Exchange is a free barter club / member exchange. Stays arranged Member-to-Member through the club are paid (if at all) in Lotus$ under the Ledger Terms—not hotel bookings operated by Operator, and not cash lodging sales by Operator.

1.4 Lotustay.com inventory / Exchange Lotus$ (when enabled). When Operator enables the program under Ledger Terms §5A, Exchange Lotus$ may be applied as trade credit toward eligible Lotustay.com vacation-home stays / lodging inventory affiliated with or offered through Lotustay.com, subject to this Addendum (as applicable to stay conduct) and the published redemption / restrictions rules. Default soft nights (Lotus Path Levels 1–7): (1) Holidays — NEVER Lotus$-eligible (cash only, hard lock); (2) Weekends — ONLY if unfilled AND low demand as determined/published by Operator (not a blanket weekend ban); (3) Midweek / shoulder / low-demand — eligible. Lotus Path Level 8 exception (locked): Level 8 Members may apply Lotus$ to any Operator-designated Lotustay.com lodging without those soft-night/holiday/weekend limits when the program is enabled (Lotus Friend). Cleaning / taxes / fees — Operator default until changed: Lotus$ do not cover cleaning fees, taxes, or other cash fees unless the offer or Operator’s published schedule expressly states otherwise. Other caps (additional blackouts, member-only gates, stay-length, allow-lists, booking windows, holiday/weekend definitions) are as published by Operator. This path does not make Lotus$ a gift card or create a USD claim against Operator for unused balances.

2. Operator Is Not a Party to the Stay

2.1 Except where Operator expressly states in writing that it is a party to a particular transaction, Operator is not a party to any Host–Guest stay. Operator is the club / platform operator only.

2.2 Operator is not:

  • A hotel, motel, inn, hostel, or bed-and-breakfast operator
  • An innkeeper, lodging house keeper, or property manager for Member listings
  • A real-estate broker, travel agent, or tour operator for Member-to-Member stays
  • An insurer, guarantor, or warrantor of stay quality, safety, cleanliness, accuracy of listings, or Guest / Host performance
  • A landlord or tenant in the Host–Guest relationship

2.3 Operator does not guarantee that any stay will occur, that a listing is lawful or accurate, that a Host or Guest will perform, or that any particular experience or standard of hospitality will be met.

2.4 Disputes between Host and Guest remain primarily between those Members. Operator’s limited facilitation and ledger-adjustment rights (if any) are described in the Member / Club Rules and Ledger Terms and do not make Operator a party to the stay or create a hotel-style refund program. Detailed cancellation / refund / no-show schedules remain for ops publish before lodging enablement—see REMAINING_DECISIONS.md.

3. Host Eligibility and Authority

3.1 A Host must be at least eighteen (18) years old, a Member in good standing, and legally able to offer the listed space.

3.2 Host represents and warrants that Host has lawful authority to list and host (as owner, authorized tenant with permission to sublet/host, authorized agent, or other lawful basis), and that listing and hosting will not breach leases, HOA / condo / co-op rules, mortgage or insurance conditions, or other private covenants applicable to the property.

3.3 Operator may require additional verification (identity, property ownership or authority evidence, insurance attestations, or local-permit evidence) before enabling lodging listings or higher volume. Failure to provide reasonably requested information may result in denial or removal of lodging features.

3.4 Operator may refuse, suspend, or remove Hosts or listings where Operator reasonably believes legal, safety, fraud, or reputational risk warrants—without creating a duty to pre-clear every listing.

4. Local Law, Permits, Zoning, and HOA Compliance (Host Responsibility)

4.1 Host is solely responsible for determining and complying with all laws and rules applicable to offering and hosting the stay, including without limitation:

  • Local short-term rental, home-sharing, and vacation-rental ordinances
  • Zoning, land-use, and business-license requirements
  • Building, fire, health, and safety codes
  • Registration, permit, certificate-of-occupancy, or host-ID display rules
  • HOA, condo, co-op, and lease restrictions
  • Noise, parking, occupancy, and quiet-hours ordinances

4.2 Host must obtain and maintain any required local permits or registrations before listing or accepting Guests, and must keep permit information reasonably accurate in the listing or as Operator requests.

4.3 Operator does not obtain permits for Hosts, does not verify every local rule, and does not warrant that a listing is lawful in the Host’s jurisdiction. Enabling a category on the platform is not legal advice that hosting is allowed at a particular address.

4.4 California and many cities/counties impose additional STR rules. Hosts offering stays in California (and Guests booking them) acknowledge elevated local-compliance risk and agree that Host—not Operator—bears permit and zoning compliance.

5. Taxes — Transient Occupancy Tax and Similar Taxes (Operator collects)

5.1 Locked (September 17, 2026): Where lodging tax (including Transient Occupancy Tax (“TOT”), hotel/tourist tax, occupancy tax, or analogous local/state lodging tax) applies to a stay facilitated through Lotustay Exchange or to Lotustay.com inventory receiving Lotus$ under this Addendum, Operator will collect and remit such tax as required by applicable law and Operator’s published lodging-tax procedures—not a Host-only remit model.

5.2 Cash collection: Lodging taxes are collected in U.S. dollars (or other cash method Operator publishes). Lotus$ do not pay TOT/hotel tax unless Operator’s published schedule expressly says otherwise. Cleaning fees and similar cash fees remain outside Lotus$ under the default Rules/Ledger.

5.3 Host cooperation: Host must provide accurate property address, jurisdiction, occupancy dates, party size, and other information Operator reasonably needs to calculate and remit tax. Host must not structure listings to evade tax reporting.

5.4 Host’s other taxes: Host remains responsible for Host’s own income, business, and non-lodging tax obligations. Operator does not provide tax advice. See also Ledger Terms §10 (Taxes).

5.5 Payment or pricing of a stay in Lotus$ does not eliminate lodging-tax duties. Lotus$ remain internal trade credits and are not cash redeemable from Operator (Ledger Terms).

5.6 If a jurisdiction requires Host (not Operator) to be the sole remitter, Operator will publish a jurisdiction exception; until then, the Operator-collect model in §5.1 controls Operator’s program design.

6. Accurate Listings; Occupancy; Amenities

6.1 Host must list the space truthfully and clearly, including material facts such as: location (at least city/area as Operator requires); space type (entire place / private room / shared); approximate size and sleeping capacity; bathrooms; accessibility limitations Host knows of; major amenities claimed; and significant restrictions (e.g., no pets, no smoking, stairs only).

6.2 Host must not misrepresent photos, availability, or identity of the Host. Photos should reasonably depict the actual space Guests will occupy.

6.3 Host must set and respect occupancy limits consistent with safety, local law, and the physical space. Host may not knowingly overcrowd.

6.4 Host must keep calendar availability and Lotus$ pricing reasonably current. The “≈ $1 of listed value” convention in club materials remains a listing convention only—not a cash peg or Operator liability (Ledger Terms §6).

7. Safety Disclosures and Host Duties (Practical)

7.1 Host should disclose, and Guests should review, practical safety-related information such as:

  • Working smoke and carbon-monoxide alarms where required or reasonably expected
  • Fire extinguisher / emergency exit information Host chooses to provide
  • Known hazards (e.g., unfenced pool/spa, steep stairs, ongoing construction) that a reasonable Guest would want to know before booking
  • Weapons on premises, if any, to the extent Host lists or local rules require disclosure
  • Security cameras or recording devices in or around the space (Host must not place recording devices in bathrooms or other private spaces where recording is unlawful or highly intrusive)

7.2 Host must maintain the space in a condition that is reasonably safe for the intended occupancy and must not knowingly conceal material dangerous conditions.

7.3 Operator does not inspect properties, certify safety, or insure Hosts or Guests. Safety remains Host’s and Guest’s responsibility. Members should consider appropriate insurance (homeowner/landlord, host, renter/travel) independently.

7.4 In an emergency, Hosts and Guests should contact local emergency services (e.g., 911 in the U.S.). Operator is not an emergency-response service.

8. Guest Eligibility and Conduct

8.1 Guests must be at least eighteen (18) years old (or the higher age required by Host or local law for occupancy), Members in good standing (unless Operator permits a documented companion under Host rules), and able to enter a binding agreement.

8.2 Guests must provide accurate party size and purpose of stay when requested, and must not exceed agreed occupancy.

8.3 Guests must respect Host house rules that are clearly disclosed before booking (check-in/out times, quiet hours, smoking, pets, parking, shoe policy, etc.), provided those rules are lawful and non-discriminatory under Section 11.

8.4 No parties or events if the Host forbids them in the listing or house rules, or if local law or HOA rules forbid them. Guests may not use the space for commercial events, filming, or gatherings beyond disclosed house rules without Host’s prior consent.

8.5 Guests must treat the property and neighbors reasonably, leave the space in the condition required by the listing (ordinary wear excepted), and not engage in illegal activity on the premises.

8.6 Guests acknowledge that Lotustay Exchange lodging is not a hotel booking; there is no Operator front desk, and Operator does not guarantee hotel-like standards.

9. House Rules; Check-In; Communication

9.1 Host should provide clear check-in instructions, emergency contact method, and Wi-Fi or access details as needed for a lawful stay. Host and Guest should communicate through channels Operator enables when available, without circumventing club rules on off-platform Lotus$ cash markets (Ledger Terms).

9.2 Host may require a reasonable security deposit in Lotus$ or other club-permitted mechanism if Operator enables that feature; cash deposits held by Operator are not assumed in this draft. [OPEN: deposits / damage claims process]

9.3 Failure to follow disclosed house rules may be grounds for Host to ask Guest to leave (subject to applicable law), for club discipline, and for ledger adjustments under the Ledger Terms where Operator elects to act.

10. Cancellation, No-Show, and Changes (High Level)

10.1 Hosts should disclose a cancellation approach in the listing (e.g., flexible / moderate / strict style descriptions) consistent with any club templates Operator later publishes.

10.2 Detailed refund, credit-restore, no-show, and early-departure rules are an open point and are deferred to a future policy schedule or updated Addendum. Until then:

  • Host and Guest should state cancellation expectations clearly before confirming a stay
  • Operator is not obligated to mediate every cancellation or to restore Lotus$ automatically
  • Operator may adjust Lotus$ ledger entries for clear fraud, non-performance, or rule breach under the Ledger Terms

10.3 No-shows, lockouts, and Host cancellations after confirmation may be addressed under Member / Club Rules (conduct, listings) and any future lodging cancellation schedule. Do not assume hotel-style guaranteed refunds from Operator.

11. Discrimination Prohibition; Fair Housing

11.1 Hosts and Guests must comply with applicable fair housing and public-accommodation laws, including federal Fair Housing Act principles where they apply, the California Fair Employment and Housing Act / Unruh Civil Rights Act as applicable, and local non-discrimination ordinances.

11.2 Hosts may not refuse, discourage, or impose different terms on Guests based on protected characteristics under applicable law (examples under U.S. / California frameworks may include race, color, religion, sex, gender, gender identity, sexual orientation, national origin, ancestry, disability, familial status, marital status, source of income, or other protected classes as defined by applicable law).

11.3 Lawful, neutrally applied house rules (e.g., maximum occupancy, no smoking, pet policies consistent with disability/assistance-animal law) are not themselves prohibited by this Section. Hosts must still accommodate disability-related needs as required by law.

11.4 Operator may remove listings, suspend Members, or restrict lodging features for discriminatory conduct. Operator’s enforcement does not create a duty to monitor all Host decisions or make Operator a housing provider.

11.5 Right to refuse service. Operator and Hosts may refuse, cancel, or terminate a booking, listing, or stay for legitimate business, safety, or rules-based reasons, consistent with applicable law. This right does not authorize discrimination or different terms based on protected characteristics under Section 11.2. Examples of lawful grounds (when applied consistently and non-discriminatorily) include safety or property risk, intoxication or disruptive conduct, disclosed house-rule violations, capacity limits, incomplete or fraudulent booking information, unpaid obligations, or prior damage.

12. Prohibited Uses of Lodging Listings / Stays

In addition to prohibited activity in the Member / Club Rules, lodging-related activity may not include:

  • Hosting without required local permits or in knowing violation of zoning / HOA / lease bans
  • Using the club to operate an unlicensed hotel or to evade STR enforcement while falsely describing the offering
  • Parties, open events, or commercial productions forbidden by Host rules or law
  • Stays for illegal activity, exploitation, or trafficking
  • Misrepresenting the Host identity or “bait-and-switch” of the actual space
  • Surveillance or recording that violates privacy or criminal law
  • Circumventing club Lotus$ rules by demanding off-platform cash for a stay that was listed in Lotus$, except where Operator expressly permits a disclosed hybrid model under updated terms
  • Implying that Operator, Lotustay Exchange, or the Lotustay.com brand endorses, operates, or guarantees the stay as a hotel product

13. Lotus$ Payment for Stays; Lotustay.com Redemption Alignment

13.1 Where Member-to-Member lodging is paid through the club, consideration is generally recorded in Lotus$ under the Ledger Terms. Lotus$ are internal trade credits—not money, not legal tender, and not redeemable for U.S. dollars from Operator.

13.2 Lotustay.com path (when enabled): Exchange Lotus$ may also be applied toward eligible Lotustay.com vacation-home inventory under Ledger Terms §5A and Operator’s published restrictions schedule. Default for Levels 1–7: holidays never; weekends only if unfilled and low demand; midweek/shoulder/low-demand eligible. Level 8 exception: any Operator-designated Lotustay.com lodging with Lotus$ (no soft-night/holiday/weekend limits), when enabled. Enabling this path does not convert Lotus$ into a gift card or stored-value cash instrument.

13.3 Operator’s recording of Lotus$ for a stay (Exchange Member-to-Member or Lotustay.com soft-night application) does not mean Operator collected hotel revenue, acted as merchant of record for lodging, or assumed innkeeper duties solely by reason of the Lotus$ ledger entry.

13.4 Lodging TOT / hotel tax collection and remit follow Section 5 (Operator collects). Other tax, permit, and consumer characterizations of barter lodging or Lotus$-applied Lotustay.com stays remain Host’s (and where applicable Guest’s) responsibility to analyze with their own advisors for income/business tax. See also Ledger Terms §10 (Taxes).

14. Cross-References; Brand Clarity

14.1 This Addendum is part of the Member agreement together with the Member / Club Rules, Ledger Terms, Website Terms of Use, and Privacy Policy.

14.2 Lotustay.com is a related brand / separate site. Member-to-Member stays on Lotustay Exchange must not be marketed by Members as Lotustay.com hotel inventory or as Operator-operated lodging. Where Operator enables Lotus$ application toward designated Lotustay.com inventory, that program still does not authorize Members to misuse Lotustay.com marks or to imply Lotus$ lodging rights they do not have (Levels 1–7 remain soft-nights-restricted; only Level 8 has the unlocked lodging perk when in good standing). See the separate Trademark / Brand License Note—redemption on Lotustay.com makes Inc. ↔ .com brand/license confirmation more critical. [OPEN: written commercial/brand arrangement if entities differ]

14.3 Intellectual property and content licenses in the Member / Club Rules continue to apply to lodging listing content (photos, descriptions, house rules).

15. Disclaimers and Liability (Lodging-Specific)

15.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LODGING FEATURES, LISTINGS, AND ANY FACILITATION TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OPERATOR DISCLAIMS ALL WARRANTIES REGARDING STAYS, PROPERTIES, HOSTS, GUESTS, SAFETY, PERMIT STATUS, OR FITNESS FOR A PARTICULAR LODGING PURPOSE.

15.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR’S LIABILITY ARISING OUT OF OR RELATED TO LODGING LISTINGS OR STAYS IS SUBJECT TO THE LIMITATIONS IN THE MEMBER / CLUB RULES (INCLUDING THE US $100 / amounts-paid cap structure — Operator default until changed). LOTUS$ MOVEMENTS AND DISPLAYED STAY “VALUE” ARE NOT MEASURES OF OPERATOR CASH LIABILITY.

15.3 Hosts and Guests agree to the indemnity in the Member / Club Rules, including for claims arising from stays, injuries, property damage, tax/permit failures, discrimination claims, and neighbor or HOA disputes—except to the extent caused by Operator’s willful misconduct or gross negligence.

16. Changes; Suspension of Lodging Category

16.1 Operator may amend this Addendum by posting a revised version and updating the Effective Date (or providing other reasonable notice). Material changes may require renewed acceptance before continued lodging use.

16.2 Operator may pause or end lodging categories platform-wide or by locality for legal, safety, or operational reasons. Pause or end of the category does not obligate Operator to cash-redeem Lotus$ or to complete stays.

17. Governing Law and Venue

This Addendum is governed by the laws of the State of California, USA, without regard to conflict-of-law rules. Exclusive venue for disputes arising out of or relating to this Addendum or club lodging features shall be the state or federal courts located in Orange County, California, on the same basis as the Member / Club Rules—unless applicable law requires otherwise (including any non-waivable consumer venue rights).

Local STR and housing laws of the property’s jurisdiction still apply to Hosts and Guests regarding the stay itself; this Section addresses disputes with Operator and interpretation of this Addendum.

18. Contact

Lodging / Host Addendum / Club: tommymai@tmaifinancial.com

Operator: Lotustay Inc.

Effective Date: September 17, 2026. Last updated: September 17, 2026. Operator collects/remits lodging TOT (locked). Cancellation/refund schedule may still be published separately before scaled lodging. Soft nights: Soft-Night Definitions Schedule (PUBLISHED). Not legal advice.