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Vacation Club Terms & Conditions
HQ OFFSHORE LLC EXCHANGE COMPANY ENROLLMENT AGREEMENT
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HQ OFFSHORE LLC VACATION CLUB DESTINATIONS- EXCHANGE PROGRAM
This HQ Offshore LLC Exchange Company Enrollment Agreement (“Enrollment Agreement”) is made and entered into as stamped in electronic signature by and between HQ Offshore LLC, a corporation established under the laws of the state of New York, doing business as HQ Offshore LLC Exchange Company (“HQ Offshore LLC EC”), with its branch office located at Plaza Bavaro local3-A, Higuey, Dominican Republic, and the Signatory of this document (“Vacation Club Member”).
**WHEREAS,** HQ Offshore LLC EC operates as an exchange company under New York law, providing vacation club members at resorts affiliated with HQ Offshore LLC EC the opportunity to utilize vacation club services and related benefits (the “Vacation Club Program”); and
**WHEREAS,** HQ Offshore LLC EC has elected to permit certain vacation club members at the Resort to voluntarily participate in the Program; and
**WHEREAS,** the Vacation Club Member wishes to become an Exchange Member and participate in the Program; and
**WHEREAS,** terms not defined in this Enrollment Agreement are as defined in the Exchange Procedures for the HQ Offshore LLC Vacation Club Destinations Exchange Program (“Vacation Club Exchange Procedures”).
**NOW, THEREFORE,** in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
The Vacation Club Member enrolls in the Program by executing and delivering this Enrollment Agreement and upon payment of a one-time enrollment fee of $10,700.00 USD, will become a Vacation Club Exchange Member. By executing this Enrollment Agreement, the Vacation Club Member represents and warrants to HQ Offshore LLC EC that they:
1. Have or will have the legal right to use the Vacation Club Interest or make it available for reservation through the Program;
2. Will not sell or otherwise encumber the Vacation Club Interest without notifying HQ Offshore LLC EC in writing at least thirty (30) days in advance;
3. Agrees to comply with the terms of this Enrollment Agreement, Exchange Procedures, and the rules, regulations, and restrictions of any program-affiliated resort where the Vacation Club Member reserves Accommodations; and
4. Has paid, will pay when due, or prepay if due within 1 month prior to arrival any and all maintenance fees, assessments, payments applicable to the Vacation Club Interest, along with any exchange fees and annual dues charged by HQ Offshore LLC EC.
Should the Vacation Club Member fail to pay any fees, dues, taxes, or assessments, then HQ Offshore LLC EC may terminate this Enrollment Agreement and the Vacation Club Member’s participation in the Program.
Following enrollment, to continue participation in the Program, the Vacation Club Member must maintain status as a Member in Good Standing, including the payment of all required payments related to the Vacation Club Member’s Interest and any future-imposed dues or reservation service fees, as outlined in the Exchange Procedures.
The Vacation Club Member may not combine vacation club discounts with special offers, nor offer member benefits to accompanying guests or extend discounts to friends or family members.
For administrative convenience, HQ Offshore LLC EC will charge annual dues to Exchange Members for the reservation of Accommodations in other HQ Offshore LLC EC-affiliated resorts. The Vacation Club Member will be eligible to book vacations at 50% off published prices with HQ Offshore LLC EC, subject to availability and discretion of HQ Offshore LLC EC.
All bookings must be in whole week increments and include use rights to the entire unit. Once a booking is submitted to HQ Offshore LLC EC, the election is final and cannot be sold or transferred. The Program operates on a space available, first come, first served basis, and specific reservation requests cannot be guaranteed.
The Vacation Club Member acknowledges that participation in the Program is voluntary and not a necessity for vacation club membership; this Enrollment Agreement with HQ Offshore LLC EC is separate from any contract with any developer or seller of the Vacation Club Member’s Interest; and that Accommodations will vary in size, design, layout, and occupancy.
HQ Offshore LLC EC and its affiliates are not liable for the Vacation Club Member’s failure to use bookings, receive specific reservation confirmations, personal expenses, damages, losses, personal or bodily injuries incurred while occupying Accommodations, or for any damages arising from participation in the Program.
This Enrollment Agreement is governed by the laws of the state of New York. Any disputes must be resolved in New York City, with both parties waiving the right to a jury trial. Liability of HQ Offshore LLC EC is limited to the fees paid by the Vacation Club Member during the current term, excluding consequential, indirect, or special damages.
The initial term of this Enrollment Agreement is two years, automatically renewing for successive two-year terms unless terminated. Participation in the Program may be terminated by HQ Offshore LLC EC if the Resort Association does not cooperate with the Program's operation or if the Vacation Club Member’s Resort Association ceases to cooperate with HQ Offshore LLC EC or the Program.
Tax consequences related to the Program are the responsibility of the Vacation Club Member, who should consult a tax advisor.
Amendment Clause
HQ Offshore LLC reserves the unilateral right to amend, modify, or change the terms and conditions of this Enrollment Agreement at any time and without prior notice or consent from the Vacation Club Member. Such amendments may include, but are not limited to, changes in fees, services offered, program procedures, and membership requirements. Any such amendments will be effective immediately upon posting on the official HQ Offshore LLC website or upon any other method of notification chosen by HQ Offshore LLC at its sole discretion. Continued participation in the Program by the Vacation Club Member following any such amendments will constitute acceptance of the new terms. It is the responsibility of the Vacation Club Member to regularly review the Enrollment Agreement and any amendments thereto to remain informed of any changes.
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This document, incorporating the Exchange Procedures by reference, outlines the agreement between HQ Offshore LLC EC and the Vacation Club Member regarding participation in the Vacation Club Destinations Exchange Program.