Advertising Agreement between Wonderland Resorts (WR) and Owner of Fractional Residence (Owner)
TERM OF THE AGREEMENT:
This Advertising Agreement will begin on the date Owner initiates the Advertising Agreement Form located at http://wonderlandaspen.com/confirmationpage/ and end the day after indicated on Advertising Agreement Form located at http://wonderlandaspen.com/confirmation-page/
Owner shall remain free to cancel this Agreement at any time as
long as WR has not provided an acceptable Guest for the unit whereupon Owner’s occupancy right shall be restored. Cancellation of this Agreement must be in writing and received and acknowledged by WR before Owner registers a Guest or cancels their week with their Resort of ownership. All notices of cancellation shall be sent to WR at the following email address: firstname.lastname@example.org.
NATURE OF AGREEMENT:
This is a Non-Exclusive Advertising Agreement. Owner designates WR to advertise Owner’s Unit(s) and Week(s) at the Owners designated Resort. Owner represents and warrants to WR that Owner is the owner of the Interest described within the Advertising Agreement Form and is fully authorized to transfer the week of ownership to a Guest.
WEEK OF AVAILABILITY AND ADVERTISING RATE OF OWNER:
Owners week, unit number and nightly rate will provided by owner via the Advertising Agreement Form located at: http://wonderlandaspen.com/confirmation-page/. WR will use the nightly rate and number of nights provided by Owner to determine a weekly advertising rate which WR may advertised for 1-7 night rates.
Current Mark Rate Bookings:
Owners who select Current Mark Rate Bookings located at: http://wonderlandaspen.com/confirmation-page/ are choosing to allow WR to instantly book their week and unit without negotiation. Owner grants WR the authority to book the Owners unit and week at the Current Market Rate which will determined solely by WR.
By execution of this Agreement, Owner agrees to the following:
- Owner agrees to negotiate with WR to book a Guest for the Owner’s Unit Week(s); and
- Notify WR before selling the unit or issuing a Guest Certificate or Certificate of Designation to a
- Guest unrelated to WR Advertising Program; and In the event that Owner fails to comply with these Obligations by selling, retaining or otherwise transferring a Timeshare Interest subject to this Agreement without first obtaining an effective cancellation, Owner shall be liable to Rental Agent for all damages suffered by Rental Agent, including but not limited to, loss of commission and all expenses involved in satisfying any rental reservation which cannot be fulfilled as a result of Owner’s breach.
WR and Owner will finalize the negotiated rate via a Service Agreement. which will determine the final amount Owner has agreed to accept for the transfer Resort usage to a Guest(s).
INDEMNIFICATION AND WAIVER:
Owner agrees to indemnify, defend, protect, and hold harmless WR, it’s parent company, officers, directors, owners, managers, employees, agents and representatives (collectively, the “Representatives”), from any and all claims, actions, proceedings, taxes, damages, liabilities, obligations, losses, costs and expenses, including attorneys’ fees (collectively, the “Damages”) that are incurred in connection with, arise out of result from, or are attributable to any use of the Club and it’s belongs by any of the following but not limited to, WR, its officers, directors, owners, managers, employees, agents or guests agents, family, guests, clients, successors or invitees.
This Agreement is entered into in the State of Colorado and shall be governed in all respects by the laws of such state. This Agreement has important legal consequences and the parties involved should consult legal, tax or other counsel prior to signing.
In the event of any dispute arising out of this Agreement, the parties consent to the exclusive jurisdiction of any Colorado state court of competent jurisdiction located in Pitkin County, or to any federal district court of competent jurisdiction in the state of Colorado, and hereby submit to the jurisdiction and venue of such courts regardless of the location of their residence.
ADVERTISEMENT FEE AND PAYMENT STRUCTURE:
Owner agrees to a 20% advertising fee for successful rentals booked due to WR advertising. WR will send payment to owner within 10 days business after Guest checkout. In witness whereof, the parties have duly executed this Agreement at the time and date Wonderland Resorts receives the Advertising Agreement Form filled out and submitted by Owner located at http://wonderlandaspen.com/confirmation-page/.