===================== BEGIN AGREEMENT =====================
This Intermediary Agreement is made _________, __________, 20______
by and between ______________________ ('DVC Owner')
and David's Vacation Club Rentals ('Intermediary').
1. The DVC Owner requests assistance from the Intermediary for the purpose of finding and managing guests in exchange for an agreed price per rented point payable to the DVC Owner and an agreed commission per rented point payable to the Intermediary.
2. The DVC Owner and the Intermediary acknowledge that they are completely familiar with the terminology used by the Disney Vacation Club and are fully familiar with the operations and the rules and regulations of the Disney Vacation Club and neither will rely on the other for guidance regarding policies or procedures of the Disney Vacation Club.
3. The number of points made available for rental by the DVC Owner under this agreement is set out below. The Intermediary has no responsibility for any points not rented to guests during the specified rental year or for any points which expire for any reason whatsoever prior to being rented. This agreement shall cease to be applicable with respect to Intermediary’s responsibility to supply DVC Owner with guests seeking rental opportunities after the full number of points available for rental in the specified rental year have been rented or after the end of such specified rental year (with respect to any unrented points). A new Intermediary Agreement may be entered into by the parties after all points available for rental have been rented or the specified rental year has ended.
4. The Intermediary agrees to be responsible for:
a) Supplying the DVC Owner with guests who are seeking rental opportunities, as available to Intermediary
b) Contacting Disney Vacation Club's Owner Services to check availability for guests
c) Contacting the DVC Owner with eligible guests’ rental inquiries
d) Collecting funds from the guest for a reservation made by the DVC Owner for such guest
e) Creating and receiving an agreed rental agreement, in form approved by Intermediary, from a reserving guest
f) Paying the DVC Owner for rented points used to secure reservations, at the price agreed with Intermediary, payable 70% after the reservation is made and 100% of the funds for the reservation have been collected by Intermediary from the guest, and the balance at the time of check-in
g) Ensuring that a guest's reservation is confirmed to the guest
h) Providing the DVC Owner with a credit card or other financial information from the guest if the guest elects to add a dining plan, ticket package or other Disney Vacation Plan optional add-on to enable processing of such add-on request by the DVC Owner
5. The DVC Owner agrees to be responsible for:
a) Providing the Intermediary with full details on how many points are available for rental in the specified rental year, as noted below
b) Advising the Intermediary which Home Resort the points belong to, as noted below
c) Advising the Intermediary which year that the points belong to, as noted below
d) Advising the Intermediary whether and how many points may be banked or borrowed in order to secure reservations in the specified rental year
e) Keeping maintenance fees and mortgages payable by the DVC Owner current at all times
f) Keeping DVC Owner’s membership in the Disney Vacation Club current and active so as not to adversely affect any active reservations or potential reservations during the specified rental year
g) Honoring all reservations made for which funds (partial or full) have been remitted to DVC Owner
h) Maintaining an active PayPal account with which to receive payment for funds collected by Intermediary with respect to guest reservations
i) Obtaining a confirmation from Disney Vacation Club with respect to each guest reservation using the information provided by Intermediary to DVC Owner with respect to that guest and then sending that reservation confirmation electronically to Intermediary
j) Processing all reserved guests’ requests for optional add-ons and for specific room requests with Disney Vacation Club and/or Walt Disney Company (“Disney”). A copy of all email confirmations from the Disney Vacation Club and/or Disney with respect to such add-ons must be forwarded to Intermediary for further forwarding to the guest in question.
k) Processing payment for guests’ optional add-on requests using a credit card/financial information obtained by Intermediary from the guest and provided to DVC Owner. DVC Owner will use such credit card/financial information only for the express purpose of processing the add-on requests with Disney Vacation Club and/or Walt Disney Company (“Disney”) and not for any other purpose and will otherwise keep such information strictly confidential.
6. The DVC Owner further agrees and promises:
a) Not to list for sale, and not to list for rental with another rental agent, the points covered by active reservations or available for rental hereunder during the specified rental year
b) To keep all Disney Vacation Club maintenance fees, dues and assessments current
c) To keep all mortgages with respect to the DVC Owner’s Disney Vacation Club property current
d) To keep the DVC Owner’s membership in the Disney Vacation Club in good standing
7. The DVC Owner further agrees with the Intermediary to make full restitution to the Intermediary and a guest with an active reservation for any and all costs related to a cancellation of that reservation caused by or relating to the failure of the DVC Owner to honour the reservation or otherwise not comply with any obligation or responsibility of the DVC Owner under this agreement including, without limitation, any legal fees, costs and expenses associated with the collection of said costs.
8. The DVC Owner hereby agrees to indemnify Intermediary from and in respect of all losses, costs, damages and claims suffered or incurred by Intermediary as a result of the DVC Owner failing to fulfill any responsibility or comply with any obligation of DVC Owner hereunder.
9. This agreement shall be governed in all respects by the laws of the Province of Ontario and the laws of Canada applicable therein. All parties hereto agree to submit to the non-exclusive jurisdiction of the courts of Ontario with respect to any disputes relating to, or legal actions brought in respect of, any matters under this agreement.
10. The DVC Owner represents and warrants that the following information is complete and accurate with respect to the DVC Owner:
For the DVC Owner:
a) DVC Membership Number:
b) DVC Owner:
c) Address and City:
d) State or Province, if applicable:
e) Country and Postal Code:
f) Home Phone:
g) Work Phone:
h) Mobile Phone:
i) E-Mail Address:
j) PayPal Address:
k) Emergency Contact:
l) Emergency Phone:
m) Emergency Email:
DVC Owner also represents and warrants the following with respect to the points being made available for rental under this agreement:
a) Home Resort:
b) The month points are issued each year:
c) Rental Year for which the points are available for rental:
d) Current number of points available for rental in the specified rental year:
e) Current number of banked points available for rental in the specified rental year:
f) Annual allotment of points for the specified rental year:
g) Future points to be borrowed for use in the specified rental year:
h) Total number of points available for rental including annual allotment, banked points and borrowed points:
i) Amount of additional points authorized to borrow:
j) Price per rented point agreed to be credited to the DVC owner:
k) Commission payable to the Intermediary for rentals (payable from rental amounts paid by guests): $3.50 per rented point
Name of Intermediary: David Mullett
Acting for the Intermediary: Melissa Mullett
Toll Free Contact Number: 800-610-5791
E-Mail Address for Intermediary: email@example.com
By returning the agreement, I, (DVC owner name) accepts all terms and conditions of this Intermediary Agreement.