RESALE AGREEMENT CHECKLIST

Transcription

1 RESALE AGREEMENT CHECKLIST Dear Member: This acknowledges your inquiry regarding resale of your membership. If you wish to proceed, please review and complete the enclosed Resale Agreement. To ensure correct processing of your Resale Agreement, PLEASE REVIEW THIS CHECKLIST, to verify you are sending ALL required documents, as follows: 1. A complete Resale Agreement. This form must be signed by all current member(s) on the account. 2. The Original signed and authenticated Membership Agreement, including the original addendum 1, schedule 1 and schedule 2. a. If you are unable to locate the original authenticated contract with the Addendum/schedules, please complete the lost affidavit form. 3. Lost Membership Agreement/Contract Affidavit. This form must be signed by all current member(s) on the account and must be notarized. 4. Fee: US$94.00 by check payable to Trident Sales & Marketing, Ltd, one payment for each resale agreement. To pay with a credit card, please contact our office. The Annual Maintenance fee for the current year must be paid prior to listing. In order to proceed with the listing of your unit, your Membership must be in good standing and paid in full. Please return the forms to: Interval Servicing Co Resale Department 3363 W. Commercial Boulevard, Suite 202 Fort Lauderdale, Florida Should you have any questions, please feel free to contact our office by phone or via at resales@intervalservicing.com 3363 W. Commercial Blvd., Suite 202 Fort Lauderdale, FL U.S.A. Toll Free from U.S. & Canada Toll Free from Mexico Telephone: Fax

2 LOST MEMBERSHIP/CONTRACT AFFIDAVIT FORM This form must be returned original signed and notarized Membership / Contract Information Date Membership / Contract No. Villa / Unit Interval / Week I/we have made a diligent search for all original documents on the above mentioned Membership Agreement/Contract, among my/our personal records, and are unable to locate them. Primary Member Home Phone Cell Phone City State / Province Zip Code Country Member Signature Signature of Notary Date Notarized Second Member Member Signature City Signature of Notary State / Province Zip Code Country Third Member Member Signature City Signature of Notary State / Province Zip Code Country Fourth Member Member Signature City Signature of Notary State / Province Zip Code Country If more than four members, please attach another form Sworn to (or affirmed) and subscribed before me on this day of, 20, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed. Type of identification produced. Name of Notary. Signature of Notary. (Notary Seal)

3 TRIDENT SALES & MARKETING, LTD. RESALE AGREEMENT *Membership No. *Name of Member(s) *Unit & Interval *Name and location of the Resort *TELEPHONE NUMBERS: (WEEKDAYS) * * Days Evenings The member identified above (the "Seller ) hereby engages TRIDENT SALES & MARKETING, LTD., a Belizean company ( Trident ), to assist Seller in selling the membership identified above (the Membership ), upon and subject to the following terms and conditions: 1. ENGAGEMENT. Trident will attempt, diligently and using such marketing and promotional techniques as it deems appropriate under the circumstances, to locate a buyer for the Membership (the Buyer ). Once the Buyer has been located, Trident will provide closing, billing and accounting services in connection with the sale of the Membership. Trident will not assume any responsibility for the Buyer s default, but will assist in collection if necessary. To facilitate and expedite Trident s administrative responsibilities hereunder, Trident has engaged the services of Interval Servicing Co., L.L.C. ( ISCO ), located in Ft. Lauderdale, Florida. ISCO regularly provides various administrative membership services for the Club and its members. Unless otherwise specifically indicated, correspondence with Trident should be addressed C/O ISCO, 3363 W. Commercial Blvd. Suite 202, Ft. Lauderdale, Florida, U.S.A. If you need any assistance, contact ISCO toll-free as follows: U.S. and Canada , Mexico , or AUTHORIZATION. Seller authorizes Trident to execute the Purchase Agreement to sell the above-referenced Membership, and to collect all proceeds of said sale on behalf of Seller. In accordance with this agreement, any funds due to Seller shall be sent to Seller by ISCO after deducting all charges and fees as further detailed herein. 3. ENCLOSURES. Seller already has provided or encloses herewith Seller s Membership documents, or has requested that Trident utilize document copies in ISCO's possession. In the event copies are used, Seller hereby certifies the copies are true and correct, and commensurate with original documents. Seller s Membership will not be listed for resale without these documents. 4. PRICE AND TERMS. The Membership shall not be sold for less than the minimum gross price set in accordance with the Corporate Price List, which shall be provided at the time of execution of this Resale Agreement. Terms will be in accordance with, and shall not be more favorable than, the terms listed on the Corporate Price List. For the purposes of this agreement, a Membership shall be "sold" when Buyer pays the full amount due for purchase, or when the Buyer pays an agreed-upon partial amount (the "Down Payment") and pays the remainder over time. The latter shall be known as a "Financed Resale" and the Resort owner or operator (collectively, the "Management Company") may prohibit Financed Resales without advance notice at its sole discretion. The Membership Company shall have sole and complete discretion to determine whether a Financed Resale shall be permitted. 5. RIGHT TO USE A. Seller will continue to enjoy all use rights associated with the Membership until such time as the Membership has been sold, whereupon the Buyer shall be entitled to all Membership Rights. HOWEVER, Seller may not apply for or execute an exchange involving the Membership while this Resale Agreement is in effect. 6. RENTAL. While this Resale Agreement is in effect, Seller s Unit/Interval may be rented only through the Rental Program operated by Caribbean Islands Travel, LLC (Fort Lauderdale, Florida, U.S. and Canada or ) and subject to applicable rules and procedures. 7. ANNUAL CLUB SERVICE FEES AND SPECIAL ASSESSMENTS. Until such time as the Membership is sold to a new member, the Seller shall be responsible for all Annual Club Service Fees and Special Assessments for the current interval period. Club Service Fees must be paid as billed in accordance with standard procedures. If a Club Service Fee or Special Assessment is billed to and paid by the Seller for a certain interval period, and the membership is subsequently sold to the Buyer with usage rights still available for that same interval period, the Membership Company will collect the Club Service Fee and/or Special Assessment from the Buyer prior to Buyer s occupancy and will refund

4 same to the Seller. Club Service Fee shall refer to and include Club Service Fees, Annual Maintenance Fees, Resort Maintenance Fees, or any similar fee billed to members on an annual basis as a requirement of membership. 8. EXCHANGE PROGRAMS. If Seller is enrolled in an international exchange program, Seller must pay the dues for said exchange program as a condition of sale. The amount charged for enrollment in an international exchange program shall be deducted from the gross proceeds due to Seller if the membership in an international exchange program is not transferrable to Buyer. 9. SELLER S ACCOUNT(S) WITH THE MEMBERSHIP COMPANY AND RELATED COMPANIES ( Companies ). All amounts owed to the Companies by the Seller must be paid prior to listing the Membership for resale. Seller s account(s) with the Companies must be kept current to avoid delisting. In the event amounts are owed to the Companies at the time of closing of a resale hereunder, sale proceeds otherwise payable to Seller will be applied in liquidation of Seller s indebtedness to the Companies. 10. ACCOUNTING AND DISTRIBUTION OF SALE PROCEEDS. A detailed accounting will be sent to the Seller as soon as practical following the closing of the sale of the Membership to the Buyer. Distribution of sale proceeds to the Seller will not begin until amounts paid by the Buyer exceed (I) all amounts due hereunder to Trident and (II) the total amount of Seller s outstanding obligations to the Companies (if any). Seller hereby specifically authorizes Trident, prior to the distribution of any sale proceeds to Seller to pay itself and the Companies sale proceeds sufficient to satisfy in full the obligations described in clauses (I) and (II) above. In the event of default on the part of the Buyer neither Trident nor the Companies shall be obligated to reimburse the Buyer any amounts so paid. 11. BUYER S DEFAULT. In the event the Buyer fails to pay the full price for the Membership, the Membership will be restored to Seller and Seller shall be entitled to all amounts paid by the Buyer in excess of amounts owed Trident and/or the Company as provided for in this agreement. Unless the Seller directs otherwise, the Membership will be relisted for sale. No additional listing fee will be required. 12. TERM. Unless the Seller notifies Trident in writing (care of ISCO) that the Membership has been withdrawn from resale under this agreement, the Membership will remain listed for sale at the price and with the terms herein specified until the Buyer has been located. Seller should not expect any report on the status of resale activity, but will be notified promptly once a sale is pending. Once a sale is pending the Membership may not be withdrawn from resale under this agreement. Trident reserves the right to terminate this agreement at any time. 13. MODIFICATION OF AGREEMENT. Any modification of this printed agreement must be in writing, signed by all parties. 14. SIGNATURES. This agreement must be signed by all owners in whose names the Membership documents are recorded. 15. SCHEDULE OF CHARGES. In exchange for its services under this agreement. Trident shall be entitled to the following: a. Listing Fee: A non-refundable listing fee of $94.00, which is due, and payable upon submission of this agreement. b. Marketing and Sales Commission: A marketing and sales commission of forty percent (40%) of the actual gross sale price to cover all marketing costs and expenses incurred by Trident. These commissions will be due and payable upon sale of the Membership and will be withheld from the sale proceeds otherwise payable to the seller. c. Any amounts due to the Membership Company from Seller. These funds will be transferred from Trident to the Membership Company in due course to satisfy any such obligations of Seller. d. The cost of membership in an international exchange program (see Paragraph 8 above). 16. PAYMENTS. All payments due under this agreement are payable in U.S. dollars. Trident may charge a processing fee (currently $30.00) for any payment received by Trident on behalf of another entity. 17. REMOVAL FROM INVENTORY AND CONFIRMATION. Removal of Unit/Interval from inventory must be submitted by written request. Upon receipt of Seller s request, the transaction will take approximately three (3) business days to complete. Once completed, Seller will receive a written confirmation that Unit/Interval has been removed from inventory and the Membership documents will be returned via registered or certified mail. 18. ACKNOWLEDGMENT. This agreement shall not be valid until accepted by Trident, in writing. This agreement shall be construed and enforced under the laws of Belize, with exclusive venue set in the court of appropriate jurisdiction in Belize City, Belize. Seller hereby waives any other venue, law, or jurisdiction in accordance with this paragraph.

5 19. NOTICES: All notices to member shall be delivered to Member s current address as maintained by ISCO. All notices to Trident shall be delivered care of ISCO at the address specified in Paragraph 1 above. *MEMBER SIGNATURE(S): *DATE: X: X: X: X: X: X: ACCEPTED BY: Trident Sales and Marketing, Ltd.

6 Villa Suite Room PEAK Sleep Sleep Sleep Members Intervals Annual 1-16/ $24, $17, $11, Biennial 1-16/ $14, $10, $ 7, Villa Suite Room PRIME Sleep Sleep Sleep Members Intervals Annual / $22, $16, $10, Biennial / $13, $ 9, $ 6, Villa Suite Room VALUE Sleep Sleep Sleep Members Intervals Annual $19, $14, $ 9, Biennial $11, $ 8, $ 5,600.00