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Sample Intermediary Agreement

Please read this agreement, verify the entered information (paying close attention to your points summary) and reply to this email by entering your name as the response. By replying with your name you confirm that you have read the rental agreement (this constitutes an electronic signature) and this agreement becomes binding.

Intermediary Agreement

This electronic agreement is made by and between Member #1 and Member #2 (DVC Member) and The DVC Rental Store.

The DVC Member requests assistance from The DVC Rental Store for the purpose of finding and managing guests in exchange for an agreed price per point.

The DVC Member and The DVC Rental Store are completely familiar with the terminology used by the Disney Vacation Club and are fully familiar with the operations of the Disney Vacation Club and neither will rely on the other for guidance regarding policies or procedures of the Disney Vacation Club.

The DVC Rental Store will be responsible for:
a) Supplying the DVC Member with guests who are seeking rental opportunities
b) Contacting Disney Vacation Club’s Member Services to check availability for guests
c) Contacting the DVC Member when a guest requires a rental
d) Collecting funds from the guest for reservations made by the DVC Member
e) Creating and receiving a rental agreement from the guest
f) Paying the DVC Member for points used to secure reservations, at the agreed price, 75% at the time of rental and balance on the day of check-in. Final payment will be processed on the next business day after the Guest’s check-in date for Saturday and Sunday arrivals.
g) Ensuring that the guest’s reservations were fulfilled to the guest’s satisfaction
h) Supplying DVC Member with appropriate year-end tax reporting documents as set forth by the United States Internal Revenue Service. These forms include Form 1099-MISC for US DVC Members and Form 1042-S for non-US DVC Members.

DVC Rental Store does not collect sales or any other Local or State taxes for the DVC Member for remittance to applicable taxing authorities in the State where a Disney Vacation Club rental may take place. The DVC Member is responsible for remitting applicable taxes to the applicable taxing jurisdictions. DVC Rental Store acts only as an Intermediary to the Rental Agreement between the DVC Member and the Guest. DVC Rental Store does not act as a co-vendor with the DVC Member.

The DVC Rental Store will not be responsible for any unused points or points which expire prior to being rented.

The DVC Member will retain full control, use and rights assigned to their points until such time that reservations are made for which funds (partial or full) have been received.

The DVC Member may opt out of this agreement at any time as long as it does not jeopardize any reservations that have been made for which funds (partial or full) have been received.

The DVC Member will be responsible for:
a) Providing the Intermediary with full details on how many points are available for rentals
b) Advising the Intermediary which Home Resort the points belong to
c) Advising the Intermediary which Use Year that the points belong to
d) Advising the Intermediary whether points may be banked or borrowed in order to secure reservations
e) Keeping maintenance fees and mortgages current at all times
f) Keeping their membership in the Disney Vacation Club current and active so as not to harm reservations
g) Honoring all reservations made for which funds (partial or full) have been received
h) Sending all hard copy reservation confirmations to the Intermediary

The DVC Member further agrees and promises:
a) Not to list the points for sale while there are active reservations
b) To keep all maintenance fees, dues or assessments current
c) To keep all mortgages current
d) To keep their membership in the Disney Vacation Club in good standing

The DVC Member agrees that they will add a Disney Dining Plan for the Guest in an expedient manner once directive and funds have been provided to the Member by The DVC Rental Store so as not to jeopardize the ability of the Member to add the Disney Dining Plan under Disney Vacation Club guidelines. The Addition of the Guest’s Dining Plan in an expedient manner is also necessary in order for the Guest to make Advanced Dining Reservations.

The DVC Member agrees that they will complete all requests made by the guest in an expedient manner once directive has been provided to the Member by The DVC Rental Store. These include, but are not limited to, requests to add/delete guests, revise contact information or add villa location requests.

The DVC Member may be asked to cancel and rebook a reservation if the Guest purchases the DVC Rental Store’s optional Point Protection Program. The DVC Member is guaranteed a full payout under the original reservation and will be compensated $50 if a cancel/rebook is required.

The DVC Member further agrees that they will make full restitution to the guest and The DVC Rental Store for any and all expenses related to a reservation cancellation caused by the failure of the DVC Member to honor any and all terms of this agreement, including any attorney fees and court costs associated with the collection of said expenses.

These terms and conditions are governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. Any dispute under this agreement shall have venue in the courts of Marion County, Indianapolis, Indiana. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

DVC Member:
Name
Street Address
City, State Zip Code

Home Phone: 407-555-2222
Work Phone: 407-555-1111
Mobile Phone: 615-555-3333
E-Mail Address: dvcmember@rent.com
PayPal Address: dvcmember@pay.com

The following points are being made available for rental:
(100 Banked) March UY – Disney’s Saratoga Springs Resort and Spa (Expiration 2/28/2016) payable @ $x.xx/rented point.
(160 Current) March UY – Disney’s Saratoga Springs Resort and Spa (Expiration 2/28/2016) payable @ $x.xx/rented point.
(160) Permission to borrow from next year’s allotment in order to fulfill guest’s requested reservation @ $x.xx/rented point.
Agreed and accepted on 3/17/2011.

Please read the agreement above, enter your name as a reply and transmit back to us to complete this agreement. By replying with your names you confirm that you have read the rental agreement (this constitutes an electronic signature) and this agreement becomes binding.

Please note that we are unable to begin marketing your DVC points until your e-signed agreement is returned.

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