Sample Intermediary Agreement
Intermediary Agreement
If either party fails to electronically sign and return this agreement to either party, any payment made to DVC Owner by DVC Rental Pros, LLC or acceptance of funds by DVC Owner will also constitute acceptance of this agreement and this contract becomes binding.
This Intermediary Agreement is made _________(Month/Day/Year) by and between ______________________ ('DVC Owner') and DVC Rental Pros, LLC ('Intermediary').
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 price per rented point payable to the Intermediary.
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, 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.
The Intermediary is not responsible in any way for any unused points not rented to guests or for any points which expire prior to being rented or expire for any reason whatsoever prior to being rented.
The DVC Owner retains full control and use of their points until such time that reservations are made for which either partial or full payment has been received by the DVC Owner from the Intermediary.
The Intermediary does not collect Sales Tax or any other Local, County, State, or Federal Taxes for the DVC Owner for remittance to applicable taxing authorities in the Town, County, State, or Country where a Disney Vacation Club rental may take place. The DVC Owner is responsible for remitting applicable taxes to the applicable taxing jurisdictions. The Intermediary does not act as a co-vendor with the DVC Owner and only acts as an Intermediary to the Rental Agreement between the DVC Owner and the Renter.
The Intermediary agrees to be responsible for:
-
Supplying the DVC Owner with guests, as available to the Intermediary, who are seeking DVC point rental opportunities
-
Contacting Disney Vacation Club's Member Services to check availability for guests
-
Collecting payment from the Renter for a reservation made by the DVC Owner for the aforementioned Renter
-
Creating and distributing a rental agreement to the DVC Owner and to the Renter
-
Paying the DVC Owner for rented points used to secure reservations, at the price agreed upon with the Intermediary, payable 75% after the reservation is made and 100% of the funds for the reservation have been collected by Intermediary from the guest, and the remaining balance on the day of Renter’s check-in. Should the Renter’s check-in date fall on a Saturday, Sunday, or Bank Holiday, the remaining balance will be processed to the DVC Owner on the next business day.
-
Ensuring that the Renter’s reservation is confirmed to the Renter
-
Supplying DVC Owner with Internal Revenue Service Form 1099-MISC for United States based DVC Owners and Internal Revenue Service Form 1042-S for DVC Owners based outside of the United States.
-
Providing the DVC Owner with a credit card, debit card, gift card, other financial information, or direct payment if the Renter elects to add a dining plan or other Renter optional add-on to enable processing of such add-on request by the DVC Owner
The DVC Owner agrees to be responsible for:
-
Providing the Intermediary with full details on how many points are available for rental in the specified rental year
-
Advising the Intermediary which Disney Vacation Club Home Resort the points belong to
-
Advising the Intermediary which Use Year the points belong to
-
Advising the Intermediary whether points may be banked or borrowed in order to secure reservations in the specified rental year and the number of points that may be banked or borrowed in order to secure reservations in the specified rental year
-
Keeping annual dues, maintenance fees, and mortgages payable by the DVC Owner current at all times
-
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
-
Keeping DVC Owner’s Membership in the Disney Vacation Club in good standing
-
Honoring all reservations made for which either partial payment or full payment has been remitted to DVC Owner
-
Securing a reservation email confirmation and confirmation number from Disney Vacation Club with respect to the Renter’s reservation and then sending that reservation email confirmation and confirmation number electronically by email to Intermediary
-
Adding all optional add-ons requested by the Renter and submitting all specific room requests to Disney Vacation Club, Disney, and/or Member Services. All email confirmations from Disney Vacation Club, Disney, and/or Member Services related to Renter add-ons must be forwarded to Intermediary
-
Processing payment for all Renters’ optional add-on requests using a credit card/financial information given to the DVC Owner by the Intermediary. DVC Owner will use such credit card/financial information only for the express purpose of processing the add-on requests with Disney Vacation Club, Disney, and/or Member Services and not for any other purpose and will otherwise keep such information strictly confidential.
The DVC Owner further agrees and promises not to list for sale, and not to list for rental with another rental agent, the points being used by active reservations for Renter(s) through the Intermediary.
The DVC Owner further agrees with the Intermediary to make full restitution to the Intermediary and the Renter with an active reservation for any and all expenses related to a reservation cancellation caused by or relating to the failure of the DVC Owner to honor the reservation or otherwise not honor any and all terms and obligations of this agreement including, without limitation, any legal fees, attorney fees, court costs, and costs and expenses associated with the collection of said costs.
The DVC Owner further agrees to fully 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 obligation of this agreement.
This Agreement shall be governed and interpreted in all respects to the laws of the State of Connecticut, United States of America. All parties hereto agree that any dispute under this agreement shall have venue in the courts of Fairfield County, Connecticut. If any part of this Agreement is deemed unlawful, void, or unenforceable by the courts of Fairfield County, Connecticut, that will in no way affect the validity and enforceability of the remaining terms.
The DVC Owner represents and warrants that all of the following information is fully complete and accurate with respect to the DVC Owner:
DVC Owner Membership:
-
DVC Owner Name:
-
DVC Membership Number:
-
Address and City:
-
State:
-
Country and Postal Code:
-
Home Phone:
-
Mobile Phone:
-
E-Mail Address:
-
Payment Method (ACH, Company Check, or PayPal):
-
PayPal Address (If applicable):
DVC Owner also represents and warrants the following with respect to the points being made available for rent under this agreement:
-
Home Resort:
-
Use Year:
-
Original Point Year:
-
Point Status (Banked/Current):
-
Number of points available for rental in the specified rental year:
-
Annual allotment of points for the specified rental year:
-
Number of Borrowed Future Year Points for use in the specified rental year:
-
Price per rented point agreed to be payable to the DVC owner:
Name of Intermediary: DVC Rental Pros, LLC
Intermediary Email Address: info@DVCRentalPros.com
By returning the agreement, I, (DVC Owner Name) accepts all terms and conditions of this Intermediary Agreement.
________________________________ DVC Owner Signature
__________________________ Date