March 07, 2022
License The License acquired by Purchaser from Licensor hereby entitles Purchaser to receive the travel benefits and other
related services comprising Royalty Travel Solutions LLC (“Network Benefits”) on a non-exclusive basis for a period of twelve (12) months following the Effective Date of this Agreement (the “Initial Network License Term”), subject to Purchaser’s right to renew the Purchaser as set forth herein. The Network Benefits shall be further described in and subject to (i) the terms and conditions contained herein, (ii) on the Network Website (http://www.royaltytravelsolutions.com) (the “Website”), (iii) in any Network rules and regulations as may exist from to time, and (iv) in such other materials as may be provided to Purchaser(s) from time to time, all of which shall be deemed to be incorporated herein (collectively the “Network Materials”). As of the Effective Date, the Network Benefits available on the Website include the following: (i) Vacation Packages, (ii) Custom Vacation Packages, (iii) Nightly Stays, (iv) Weekly Stays, (v) Sig nature Weeks, (vi) Timeshare Exchange, (vii) Reward Credos Program, (viii)Tours, Activities and Excursions, (ix) Cruises, (x) Cars Rental, (xi) V.0.1.C.E.sm, (xii) List Your Vacation Property for Rental, (xiii) Emergency Travel Services, (xiv) Guest Passes, (xv) Local Ratings and Reviews, (xvi) Newsletter, (xvii) Personal Concierge, (xviii) Message Center, (xix) M.U.V.E., (xix) Vacation Preference Matching, and (xx) Golf Discounts.
Licensor has granted and sold the License to Purchaser hereunder. All rights and obligations of Licensor under this Agreement shall be performed by Licensor, or its authorized agents, representatives, vendors, successors, or assigns.
3. Network Administrator:
Licensor is responsible for administering the ROYALTY TRAVEL SOLUTIONS LLC and providing the Network Benefits and is the “Network Administrator”: provided, however, Purchaser acknowledges and agrees that Licensor may con tract with one or more third parties to administer the Network and provide the Network Benefits and, in this event, such third party shall be deemed to be the “Network Administrator” for so long as such third party contracts with Licensor to administer the Network and pro vide the Network Benefits. Pursuant to the foregoing, Licensor has contracted with SaveOnResorts.com, LLC., a California limited liability company to administer the Network and arrange for Purchaser receipt of the Network Benefits as the “Network Administrator’. Neither the Network Administrator nor any of its principals have any material legal or beneficial interest in or right of control over Licensor. The Network Administrator is a separate and distinct entity from the Licensor and Licensor’s offer and sale of the License hereunder is sepa rate and distinct from the Network Administrator. In the event of any changes to the Network Administrator, Licensor shall promptly notify Purchaser and all obligations of SaveOnResorts.com, LLC., as applicable, as Network Administrator hereunder shall immediately terminate. Licensor has arranged with Network Administrator to implement the Automatic Payment Program through the Website.
4. Purchase Price Refunds:
In the event Purchaser cancels this Agreement during the applicable cancellation period, Licensor will refund to Purchaser the total amount of all payments made by the Purchaser to Licensor under this Agreement, less (i) a restocking fee of $50.00, and (ii) the value of the Network Materials delivered to Purchaser and not returned to Licensor in original condition, which is hereby stipulated and agreed by both parties to be $100.00. Cancellation shall not relieve Purchaser from paying for any merchandise or services received prior to the date of cancellation. Subject to the foregoing, all refunds as may be due to Purchaser shall be made by Licensor within fourteen (14) days after Licensor’s receipt and acceptance of the notice of cancellation in accordance with the terms of this Agreement. All inquiries regarding the status of a cancellation/refund request should be directed to Licensor’s Customer Service Department at (888) 770-4850 Monday- Friday, 9:00 a.m. to 5:00 p.m. PDT
5. Travel Services/Reservations:
All reservations are (i) satisfied on a first-come, first-serve, space availability basis and (ii) must be reserved either online through the Website (RoyaltyTravelSolutions.com) or by calling the Reservation Center at (858) 999-8210 or (866) 871-9336 email email@example.com, Monday – Friday: 9:00 a.m. to 9:00 p.m. EST, Saturday: 9:00 a.m. to 6:00 p.m. EST. Purchaser is advised to be flexible in their travel plans in order to obtain desired reservations and to make condominium reservation requests at least ninety (90) days in advance of the desired travel date: provided, however, last-minute reservations may be available by selecting from the available inventory listed on the Website. Purchaser acknowledges that requests for holiday periods and/or for three (3) bedroom condominium units may be more difficult to fulfill and are often more expensive. Condominium unit rental rates are based on availability and will vary based on resort, season, and unit size. Purchaser ( must present a valid credit card number in order to pay for and confirm travel or other services. Reservations do not include, and Purchaser(s) are responsible for paying all applicable fees at the time of making the reservation, including the reservation fee, transportation, food, liquor, applicable taxes, tips, port charges, telephone calls, or other resort specific charges (e.g. cleaning fees, energy surcharges, foreign country exit fees, or amenities fees) and other fees and/or charges as may be imposed by the various providers of travel and other related products and services, or other items of a personal nature, all of which are the sole responsibility of Purchaser, unless specifically included in the reservation or as a Network Benefit. All confirmed reservations are subject to the cancellation terms in effect at the time of booking. The network Administrator will pro vide Purchaser with a confirmation via electronic mail showing reservation details. The person named on the confirmation must be present in order to check in and obtain the reserved accommodations.
6. Personal Use Only:
Accommodations obtained pursuant to a reservation shall be used by Purchaser only for vacation and leisure purposes and shall not be used as a principal residence or for the operation of any business Only Purchaser, and their permitted guests and invitees shall occupy such accommodations or otherwise avail themselves of the benefits associated with the Network Benefits. Purchasers shall abide by and adhere to all rules and regulations established by the provider in connection with the occupancy of accommodations and use of related facilities, including accommodation occupancy limits. Purchaser shall be personally responsible for any damage to the accommodation(s) and facilities occurring during their occupancy and use.
7. Third-Party Vendors Providers and Suppliers:
Purchaser acknowledges and agrees that Network Administrator may con tract with third-party vendors, providers, and suppliers to provide any or all Network Benefits available to Purchaser in connection with the License. In all instances, the Network Administrator is acting as a separate entity from those third-party suppliers and no supplier is an agent or employee of the Network Administrator. Neither Licensor nor the Network Administrator (if other than Licensor) accepts any liability for any actions or omissions of any third party supplier providing any Network Benefits. All coupons, receipts, and tickets are issued subject to the terms and conditions specified by each of the various suppliers. Network Administrator reserves the right, in its sole discretion, to add, remove or substitute any such third-party vendors, providers, or suppliers. Purchaser acknowledges and agrees that he/ she has not purchased the License in reliance on the existence of any specific vendors, providers, or suppliers.
8: Subject Matter of Network:
This Agreement constitutes an agreement for services. Purchaser is not acquiring any freehold estate, estate for years, or any other interest in real estate, including timeshare intervals, interests, uses, or periods. Acquisition of the License and receipt of the Network Benefits does not provide Purchaser with ownership in or the recurring right to use any accommodation or facility. Purchaser is not acquiring any legal or beneficial interest in Licensor, the Network or Network Administrator (if other than Licensor) or any of its/their affiliates or in its/their assets or of any of its/their affiliates. Purchaser is not entitled to any share of income, gain or distribution of or by Licensor, the Network or Network Administrator (if other than Licensor) or any of its/their affiliates nor is Purchaser acquiring any voting rights pertaining to Licensor, the Network or Network Administrator (if other than Licensor) or any of its/their affiliates. The Network Benefits are not obtained or provided from the cooperative purchase of services or merchandise and Purchaser is not obtaining ownership or participation in any discount buying organization. Purchaser is not acquiring any contractual right of exclusive occupancy of any accommodation or facility nor is the primary purpose of this Agreement the right to purchase goods and services in the future. Acquisition of the License and receipt of the Network’s benefits are subject to rules and regulations established from time to time by Licensor and Network Administrator.
9. Breach of Terms and Conditions of License and Agreement:
Licensor and/or Network Administrator, in its/their sole discretion, shall be entitled to suspend and/or terminate the License acquired hereunder and Purchaser’s access to the Network Benefits and retain, as liquidated damages, all sums received from Purchaser in the event of Purchaser’s breach of any provision of this Agreement.
10. Purchaser’s Representations and Acknowledgments:
Purchaser represents and acknowledges that that (i) he/she is at least twenty-one (21) years of age and has the capacity to acquire the License and receive the Network Benefits; (ii) his/her acquisition of the License and receipt of the Network Benefits is solely for personal enjoyment and consumption and is based upon its value as a vacation experience or for spending leisure time, and not for purposes of acquiring an appreciating investment or with an expectation that the License may be resold; (iii) no aspect of the License or the Network has been represented to Purchaser as an investment opportunity; (iv) no representations have been made to Purchaser concerning rentals, rental pools, returns, tax advantages, depreciation or investment potential; (v) representatives of Licensor, or its affiliates may on occasion offer products and services to Purchaser through telephone, mail or email solicitations and by execution hereof, Purchaser expressly consents to such solicitations, including but not limited to, solicitation through automatic dialing equipment and/or pre-recorded messages. Purchaser further consents to being in formed of such products and services even if the License acquired hereunder has been suspended, expired, or terminated, until such time as Purchaser’s consent is expressly revoked; (vi) Network Administrator (if other than Licensor) is not a party to this Agreement and Network Administrator (if other than Licensor) shall have no obligation or liability to Purchaser hereunder, except as solely relates to its performance as the Network Administrator in accordance with the terms of this Agreement and the Network Materials; (vii) acquisi tion and continued enjoyment of the License and receipt of the Network Benefits is subject to Purchaser’s compliance with this Agree ment and the Network Materials, as the same may exist from to time; (viii) the terms and conditions of acquisition and continued enjoy ment of the License and receipt of the Network Benefrts may be changed by Licensor and/or Network Administrator from time to time and such changes shall be deemed to be incorporated herein and made part of this Agreement; (ix) this Agreement, the Network Mate rials and any other documents expressly referred to herein, are the only instruments relative to the rights and obligations as between Purchaser and Licensor concerning the subject matter of this Agreement and no representations, oral or written, may otherwise be re lied upon, and (x) he/she has received all materials and information necessary to use and enjoy the License and all of Network Benefits and that there are no materials or information that Purchaser has yet to receive or is waiting to receive.
In the event Purchaser fails to pay any periodic installment due hereunder for a period of sixty (60) or more days, Licensor may, at its option: (i) terminate this Agreement and all of Purchaser’s rights hereunder upon written notice of Licensor’s election to terminate, stating in the notice the expiration of the grace period, if any, before cancellation is effective, together with the amount then due under the Agreement; or (ii) declare the remaining unpaid balance of the Amount Financed plus accrued interest immediately due and payable in full by mailing to Purchaser written notice thereof, stating in the notice the expiration of the grace period, if any, be fore the effective date of the entire unpaid balance plus accrued interest being due and payable in full, together with the amount then declared due and payable under the Agreement. If within fourteen (14) days after Licensor mails either such notice, Purchaser does not pay in full all installments then in default, all payments made on account of the Amount Financed plus accrued interest shall be retained by Licensor as liquidated damages for breach of this Agreement. In any event of default, Purchaser shall be additionally responsible for payment of reasonable attorneys’ fees and all other costs of collection incurred by Licensor, including court costs in the event suit is filed. Purchaser shall pay to Licensor a $25.00 fee, or the maximum amount permitted under applicable law, for each dishonored check or other instruments in payment of any periodic installment pursuant to this Agreement.
12. Voluntary Suspension:
At any time, by written notice to Licensor, Purchaser may elect to stop paying the Annual Dues associated with the License. In such case, the License will be treated as “Lapsed” and Purchaser will no longer be entitled to access or participate in the Network Benefits until the License is returned to “Good Standing”. In order to return a Lapsed License to Good Standing, Purchaser must: (i) submit a written request for reinstatement to Licensor, (ii) pay a Reinstatement Fee of $200.00, and (iii) pay the then-current Annual Dues. A Lapsed License does not relieve Purchaser(s) of any other obligations under this Agreement.
13. Mediation, Building Arbitration, and Governing Law:
Any and all claims, disputes, and controversies arising out of or in connection with this Agreement, including, but not limited to, claims of misrepresentation, fraud, and all other contracts, tort, or other claims (including the interpretation, scope, applicability or enforceability of this Section 18 and the arbitrability of the claim, controversy or dispute), or for which a party is entitled to seek injunctive or other equitable relief, shall be settled exclusively and finally by binding arbitration in accordance with this Section 19. A party asserting a claim (the “Claimant”) shall deliver written notice (the “Initial Notice”) to the other party (the “Opposing Party”), specifying the nature of the claim, controversy, or dispute and requesting a meeting to re solve same. If no resolution is reached within twenty (20) business days after delivery of the Initial Notice (the “Initial Notice Deadline”), the Claimant shall, within twenty-five (25) business days after the Initial Notice Deadline, submit the matter to not more than three (3) hours of mediation through a mediator mutually agreeable to both parties in Las Vegas Nevada. The cost of such mediation shall be paid equally by the Parties. If such mediation is unsuccessful, then no later than ten (10) business days following the mediation’s conclusion, the Claimant may invoke the arbitration procedure provided herein by delivering to Opposing Party a “Notice of Arbitration”, which shall specify the claim as to which arbitration is sought, the nature of the claim, the basis for the claim, the nature and amount of any damages or other compensation of relief sought and the name of Claimant’s proposed arbitrator. Within fourteen (14) business days after its receipt of the Notice of Arbitration, the Opposing Party shall designate its proposed arbitrator and the two Party-designated arbitrators shall designate a third arbitrator, who shall act as the arbitrator of the dispute, within ten (10) business days after the designation of the second arbitrator. All arbitrators shall be experienced in the area of dispute and not have any ongoing business relation ship with either of the parties. The following procedures shall govern the conduct of any arbitration: (i) All procedural matters relating to the conduct of the arbitration other than those specified below shall be discussed among counsel for the parties and the arbitrator, (ii) Subject to any agreement of the parties otherwise, the arbitrator shall determine all procedural matters not specified herein, (iii) Within thirty (30) calendar days of the service of a Notice of Arbitration, each party shall afford the other party, or its counsel, with reasonable access to documents relating directly to the issues raised in the Notice of Arbitration. All documents produced and all copies thereof shall be maintained as strictly confidential, shall be used for no purpose other than the arbitration hereunder, and shall be returned to the producing party upon completion of the arbitration; provided, however, no party shall have the obligation hereunder to keep confidential any matter if and to the extent disclosure thereof is required by applicable law, regulation, court order, fiduciary duty, existing contractual obligation, or accounting rule or custom, as determined by legal counsel or accountants to such party, as applicable. The parties shall be able to conduct other discovery, as such may be reasonably necessary to aid in the resolution of the claim, (iv) All writ ten communications regarding the proceeding sent to the arbitrator shall be sent simultaneously to each party or its counsel. Oral communications between a party or its counsel and the arbitrator shall be conducted only when both parties or their counsel are present and participating in the conversation, (v) Within twenty (20) calendar days of the selection of the arbitrator, the Claimant shall submit to the arbitrator a copy of the Notice of Arbitration, along with a supporting memorandum and any exhibits or other document supporting the claim, (vi) Within twenty (20) calendar days of receipt of the Claimant’s submission, the Opposing Party shall submit to the arbitrator a memorandum supporting its position and any exhibits or other supporting documents, (vii) Within twenty (20) calendar days of receipt of the Opposing Party’s response, the Claimant may submit to the arbitrator a reply to the Opposing Party’s response, or notification that no reply is forthcoming, (viii) Within ten (10) calendar days of the latest submission as provided above, the arbitrator shall notify the parties of the date of the hearing on the issues raised by the claim. Scheduling of the hearing shall be within the sole discretion of the arbitrator but in no event more than thirty (30) calendar days after the last submission by the parties. Both parties shall be granted subtially equal time to present evidence at the hearing. The hearing shall not exceed one (1) business day, except for good cause shown, (ix) Within thirty (30) calendar days of the conclusion of the hearing, the arbitrator shall issue a written decision to be delivered to both parties (the “Final Determination”). The Final Determination shall address each issue disputed by the parties, state the arbitra tor’s findings and reasons, therefore, and state the nature and amount of any damages, compensation or other relief awarded, (x) Each party agrees that no punitive or speculative damages may be sought or recovered in any arbitration, judicial proceeding or otherwise,
(xi) The award rendered by the arbitrator shall be final and non-appealable and judgment may be entered upon it by a court of competent jurisdiction, (xii) In connection with each arbitration hereunder, the arbitrator shall be bound by the terms of this Agreement and the law of the State of Nevada, without regard to the principles of conflicts of law, in making his or her determinations and shall have no power to vary from the same. In addition, if the issues being arbitrated include issues of law, the parties agree that the arbitrator shall be a lawyer, (xiii) The costs and expenses of the arbitration, including the arbitrator’s fees, shall be paid by the non-prevailing party, as determined by the arbitrator as part of the Final Determination. In the event the arbitrator is unable to identify the prevailing party as part of the Final Determination, each party shall bear its own costs and expenses in connection with the arbitration proceeding and the fees and expenses of the arbitrator and of the arbitration itself shall be borne equally by the parties to such arbitration, and (xiv) If a Party fails to pay the amount of the award, if any, assessed against it within thirty (30) calendar days of the delivery to such party of the Final Determination, the unpaid amount shall bear interest from the date of such delivery at the lesser of (i) the prime lending rate published by the Wall Street Journal on the last calendar day of the prior month, plus three percent (3%) and (ii) the maximum rate permitted by applicable usury laws. In addition, such party shall promptly reimburse the other party for any and all costs or expenses of any nature or kind whatsoever (including attorneys’ fees) incurred in seeking to collect such award or to enforce any Final Determination. The parties agree that all of the mediation and arbitration proceedings provided for herein, including any notice of claim, the Notice of Arbitration, the submissions of the parties, and the Final Determination issued by the arbitrator, shall be confidential and that no such party shall disclose such confidential information; provided, however, no party shall have any obligation hereunder to keep confidential any matter if and to the extent disclosure thereof is required by applicable law, regulation, court order, fiduciary duty, existing contractual obligation, or accounting rule or custom, as determined by legal counsel or accountants to such party, as applicable; provided, further, that this provision shall not prevent the party prevailing in the arbitration from submitting the Final Determination to a court for the purpose of enforcing the award, subject to comparable confidentiality provisions if the court agrees. All Notices of Arbitration must be filed within two (2) years of the applicable party’s discovery of the claim on which such notice is made. As it relates to any and all disputes arising under this Section 18, the parties acknowledge and agree that the Courts of Las Vegas Nv. shall have sole jurisdiction over the parties and the subject matter hereof, provided, regardless of the venue selected, the parties agree that such dispute shall be governed and decided the law of the State of Nevada without regard to the principles of conflicts of law. In such instance, the prevailing party may recover all costs, including reasonable attorneys’ fees, incurred in such action or any appeal thereto. PURCHASER(S) EXPRESS LY WAIVES ITS RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM OR ACTION THAT PURCHASER(S) MAY HAVE AGAINST LICENSOR, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
The parties recognize that this provision shall preclude them from utilizing litigation as a means of resolving any disputes hereunder. Discovery and rights to appeal arbitration are generally more limited than in a lawsuit and other rights that Purchaser(s) and licensor would have in court may not be available in arbitration. Each party shall be responsible for their attorneys’ fees, expert fees, and other fees and costs. Notwithstanding anything to the contrary or otherwise contained herein, any arbitration under this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1 et seq.) and not by any state law concerning arbitration.
The terms and provisions of this Agreement shall be deemed independent and severable, and the invalidity or enforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision thereof.
15. Binding Effect:
This Agreement is binding upon the parties hereto and their heirs, successors, assigns, and personal representatives. This Agreement will supersede any and all understandings and agreements between the parties hereto. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties hereto, and no representations or inducements, oral or written, prior hereto, which are not included in and embodied in the Agreement shall be of any force and effect, and this Agreement may only be amended or modified by a written instrument executed by the parties hereto.
16. Time is of the Essence:
Time is of the essence of this Agreement with respect to Purchaser’s financial and other obligations hereunder.
17. Assignment Survival:
Acquisition of the License and receipt of the Network Benefits is personal to Purchaser and are not assignable or transferable, in whole or in part, by Purchaser, except as expressly set forth herein. Licensor may assign all or any part of its/their right, title, and interest under this Agreement may determine provided that no such assignment shall materially and adversely affect any rights of Purchaser to receive the License or the Network Benefits. Upon any assignment to a third party, Licensor shalt be completely released from all duties, claims, demands, or causes of action arising from or relating to the License and this Agreement occurring after the date of such assignment. This Agreement and the agreements and covenants set forth herein shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors, assigns, and personal representatives.
The captions used in this Agreement are for informational purposes only and do not amplify or limit in any way the provisions hereof. Purchaser is advised to read each and every paragraph carefully, and not just the captions atone. Whenev er the context so requires, the use of any gender in this Agreement shall be deemed to include both genders, and the use of the singu lar shall be deemed to include the plural, and the plural shall include the singular. In executing this Agreement, Purchaser also acknowledges that Purchaser received a copy of the Truth-in-Lending Disclosure Statement associated with this transaction completely filled in prior to the execution of the Agreement. Any unenforceable provision hereof shall be modified to the least possible extent so as to make it enforceable and no such enforceability or modification shall affect the remaining terms hereof.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERE TO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE EN TITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
BY EXECUTION HEREINBELOW, THE PURCHASER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT IS SUBJECT TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN, IN THE PURCHASER’S ACKNOWLEDGEMENT AND AGREEMENT, AND ANY EXHIBITS ATTACHED HERETO, ALL OF WHICH TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE. BY SIGNING BELOW, THE PURCHASER ACKNOWLEDGES HAVING READ ALL DOCUMENTS, PARAGRAPHS, AND EXHIBITS ATTACHED HERETO AND ACKNOWLEDGES RECEIPT OF THIS AGREEMENT AND THE PURCHASER’S ACKNOWLEDGEMENT AND AGREEMENT.
YOU MAY CANCEL THIS AGREEMENT, WITHOUT PENALTY OR OBLIGATION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD (3RD) CALENDAR DAY FROM YOUR EXECUTION OF THIS AGREEMENT. A WRITTEN CANCELLA TION NOTICE MUST BE RECEIVED AT ROYALTY TRAVEL SOLUTIONS LLC, 4100 WEST FLAMINGO ROAD, SUITE 1200, LAS VEGAS NV. 89103 OR BE POST-MARKED NO LATER THAN MIDNIGHT OF THE THIRD CALENDAR DAY FROM YOUR EXECUTION OF THE AGREEMENT. NO ORAL REPRESENTATIONS REGARDING THE CANCELLATION REQUIREMENTS ARE AUTHORIZED. THE MEMBERSHIP BOOK SHOULD BE SHIPPED TO THE SAME ADDRESS. PLEASE CALL +1(888) 770-4850 TO COORDINATE THE CREDIT CARD OR CASH REFUND.