Grand Vacations Member Terms

Grand Vacations Savings Plan
Consumer Direct Member Participation Agreement

Membership in the Grand Vacations Savings Plan Program (the “Program”) entitles participants (“Members”) to save for and receive a Resort Week, as defined herein, and receive and/or purchase the benefits and other related services comprising the Program (the “Program Benefits”) on a non-exclusive basis for a period of twelve (12) months following enrollment (“Membership”), subject to a Member’s right to renew the Membership as set forth herein. The Program Benefits shall be further described, and are subject to, the terms and conditions contained herein, on the program website at www.grandvacationsonline.com (“Program Website”), and in such other materials as may be provided to Members from time to time, all of which shall be deemed to be incorporated herein (collectively the “Program Materials”). Please refer to the Program Website for the most current and complete terms and conditions of Membership.

The Program is owned, operated and administered by Grand Incentives, Inc., a licensed and bonded Florida Seller of Travel: Reg. No. ST36512. Grand Incentives is located at 7560 Commerce Court, Sarasota, FL 34243. Grand Incentives is also referred to herein as “we”, “us”, “our”, “GI”, and any Member is also referred to herein as “you” or “your”. By checking and/or marking the box on this form/page titled “I have read, understand, and agree to be bound by the Member Participation Agreement” (“Member Acceptance”), you are acknowledging that you have read, understand, and agree to be bound by these terms and conditions (“Agreement”). We urge you to review these terms and conditions carefully before signing.

Program Benefits. The Program is a twelve (12) month program. Membership in the Program entitles you to the following Program Benefits:

A. Savings Plan Account Benefits: Upon fully funding your savings plan, equal to twelve (12) monthly payments made by Member to GI based on your chosen participation level (“Savings Plan”), and held in an account for you (“Savings Plan Account”) you become eligible for a one-week resort condominium stay (“Resort Week”) wherein the destination, number of bedrooms, and additional incentives that will be provided to you, are based on your level of Membership, as follows:

Silver Plan Members: A one (1) week stay in a one (1) bedroom resort condominium unit at a Silver Plan Location, defined below, available at time of reservation and subject to the Redemption Process, as defined herein, within the contiguous United States (i.e., excluding AK, HI, and PR); plus a $100 Grand Air Rebate Card.

Gold Plan Members: A one (1) week stay in a two (2) bedroom resort condominium unit at a Gold Plan Location, defined below, available at time of reservation and subject to the Redemption Process within the contiguous United States (i.e., excluding AK, HI, and PR); plus a $250 Grand Air Rebate Card.

Platinum Plan Members: A one (1) week stay in a two-bedroom resort condominium unit at a Platinum Plan location, defined below, available at time of reservation and subject to the Redemption Process, plus (1) Complimentary Five Day / Four night Cancun or Bahamas Getaway, and one (1) $500 Grand Air Rebate Card.

Silver Plan Locations, Gold Plan Locations, and Platinum Plan locations can be viewed on the Program Website.

B. Travel & Entertainment Membership Benefits: Members are also entitled to receive access to (i) a search engine for availability and/or discounts for resorts, hotel accommodations, and cruises; (ii) discounts on restaurants, retail, and recreation establishments; (iii) discount car rentals, (iv) access to the Program Website and; (v) such other travel related services, discounts, and benefits as may be made available through the Program Website from time to time.

Members are entitled to receive all Program Benefits, other than the Resort Week(s), upon payment of their first Monthly Deposit. Program Benefits, including the Resort Week(s), do not include food, beverages, gratuities, transportation, or service charges for amenities, use fees, or incidental expenses, taxes or fees to any government, city, or municipality for the use or receipt of any Program Benefit. You and your traveling guest(s) are responsible for all personal charges at the resort and any utility surcharge or other permissible charges imposed by the resort, applicable taxes, as well as any damage, loss, or theft to the resort accommodations and facilities that are caused by negligence from you or your guest(s). There are no pets allowed, and Resort Weeks are subject to unit occupancy restrictions imposed by the applicable resort. GI may assign all or any part of its/their right, title and interest under this Agreement to a third party as it may determine, including, without limitation, the right of assignment to an alternative supplier/fulfiller of the Program Benefits to be provided hereunder; provided that no such assignment shall materially and adversely affect any rights of Member to receive the Program Benefits. Upon any assignment to a third party, GI shall be completely released from all duties, claims, demands, or causes of action arising from or relating to your Membership and/or this Agreement occurring after the date of such assignment. We reserve the right to eliminate, add, change, and substitute Program Benefits and participating vendors without notice to you.

Program Costs. As a Member, you are responsible for the following program costs:

Savings Plan Monthly Deposits. Members are obligated to fund their Membership by paying twelve (12) monthly deposits each Program Year, as defined herein, in an amount determined by the Savings Plan you have selected (“Monthly Deposit(s)”) as follows: Silver Plan: $69.00 per Monthly Deposit; Gold Plan: $89.00 per Monthly Deposit; Platinum Plan: $109.00 per Monthly Deposit. Monthly Deposits will be funded for the term of your Membership in the Program by the payment method authorized by you at the time of your enrollment and each renewal term thereafter. You authorize GI to deduct the applicable Monthly Deposit via the payment method you provided on enrollment, or which was subsequently updated by you. You shall be responsible for keeping information regarding your payment method both accurate and current. The sum of twelve (12) Monthly Deposits shall be defined as “Total Program Expense”. Your first Monthly Deposit of each Program Year constitutes a non-refundable Program Set-Up and Administration Fee, which equals: for Silver Plan Members: $69.00 per Program Year; for Gold Plan Members: $89.00 per Program Year; and for Platinum Plan Members: $109.00 per Program Year (“Program Set-Up and Administration Fee” or "PSUAF"). The Program Set-Up and Administration Fee is part of your Savings Plan and is counted towards redemption of your Resort Week. Your Member Acceptance constitutes your acknowledgement that you have agreed to pay the Program Set-Up and Administration Fee as part of your Membership in the Program, and that you understand the Program Set-Up and Administration Fee is non-refundable should you choose to cancel your Membership.

Enrollment Fee. You may be charged a non-refundable enrollment fee upon your enrollment (“Enrollment Fee” or "Start Fee") in the Program. If you are charged an Enrollment Fee or Start Fee, the amount of the Enrollment Fee or Start Fee shall be disclosed to you before your Membership Acceptance is activated and before any financial obligation accrues to you. Your Member Acceptance constitutes your acknowledgement that you have agreed to pay the Enrollment Fee or Start Fee as part of your Membership in the Program, and that you understand the Enrollment Fee or Start Fee is non-refundable should you choose to cancel your Membership.

Full Funding. Upon payment of the Total Program Expense applicable to your selected Savings Plan, you will have fully funded your Savings Plan (“Full Funding”), whereupon the funds necessary to process your Resort Week will be available in your Savings Plan Account for redemption of your Resort Week.

Membership Term and Renewal. Your Membership enrollment date is defined as the date of Member Acceptance, as defined in this Agreement (“Enrollment Date”). Your Membership is effective as of the Enrollment Date (“Initial Program Date”) and continues for twelve (12) consecutive calendar months thereafter (“Initial Program Year”). Provided the Program Benefits are still being offered, and unless you notify us that you wish to terminate this Agreement and cancel your Membership by following the Membership cancellation terms contained herein, your Membership will be automatically renewed for an additional twelve (12) month period (any such additional period is a “New Term” and collectively an Initial Program Year and a “New Term” are referred to as a “Program Year”) on the anniversary of your Enrollment Date by payment to GI or receipt by GI of the then-applicable Monthly Deposit.. Your Membership, and receipt of the Program Benefits during any New Term(s) shall be governed by the terms and conditions of this Agreement, as renewed in full for the New Term. Upon renewal, Monthly Deposits will continue to automatically be charged to the payment method authorized by you at the time of initial enrollment (unless you elect in writing to make a change at the time of renewal), according to the original Savings Plan that you enrolled in, and your Membership will continue with full Membership rights and privileges. The Monthly Deposits and any fees payable in each New Term shall be in the amount determined by GI in its sole discretion, and presented to you in advance provided that such amounts shall not increase by more than twenty-five percent (25%) annually.

Savings Plan Account Status/Account Access. You will have access through the Program Website to view the status of your Savings Plan Account; specifically, the accumulated amount of travel dollars in your Account, as well as your monthly account activity. You hereby consent to our access of your account information and related records as necessary to provide your Membership Benefits, and to investigate complaints and other allegations or abuse. We will notify you via email, as the primary Member, when you have fully funded your Savings Plan Account, and are eligible for redemption of your Resort Week. You authorize GI to communicate with you via U.S. mail, electronic mail, and telephone, and consent to the use of your personal information by us and/or our third party providers and distributors in accordance with the terms and conditions stated herein, and for the purpose of providing the Program Benefits.

Resort Week Redemption. To redeem your Resort Week, you will need to contact GI customer service at the number provided in your Program Materials. A minimum of forty-five (45) days advance notice is required for all bookings, and all accommodations are subject to availability at the time of booking. A major credit card and valid driver’s license will be required upon resort check-in to all resort properties. It’s important to note that check-in days may vary depending on location, and individual unit size will determine the maximum number of guests allowed in each unit. You will need to provide us with your personal Member information and Membership identification number. Once confirmed, you will indicate your desired travel destination and time period. We will match your request against our suppliers’ available resort inventory to confirm availability and may ask you to select alternative date(s) and or locations if your prior choice is not available. Once a destination/travel time is determined to be available to your satisfaction, we will confirm your reservation and provide you with a confirmation number. For quality assurance, all reservations are voice recorded at the time of booking. Redemption of your authorized Resort Week will result in your Savings Plan Account being reduced by the applicable redemption amount which, for Silver Plan participants shall be $828.00, for Gold Plan participants shall be $1068.00, and for Platinum Plan participants shall be $1308.00 (individually referred to, based on applicable Plan as “Redemption Expense”). For Platinum Plan participants who elect to redeem two (2) one-bedroom units, you have the choice of redeeming your units (i) at the same resort during the same week, (ii) at the same resort during different weeks, or (iii) at two different resorts during different weeks. However, you must redeem both one-bedroom units, whether for the same week or different weeks, at the time of initial redemption. Within three (3) business days we will email you a confirmation of your travel details, including a travel confirmation code. If you have not received the confirmation email within three (3) business days following your reservation call with us, you must call GI to notify us that your confirmation email was not received (“Redemption Process”). All confirmed reservations are final and non-refundable. The person named on the confirmation must be present at the resort in order to check-in and obtain the reserved resort condominium accommodations. No refunds will be made for partially used or unused services, including hotel/condominium accommodations. The Redemption Expense for your Savings Account Plan, as set forth above, is applicable for a period of twenty-four (24) months from commencement of each Program Year. See the provision below for details regarding your Delayed Redemption Accelerated Redemption options.

Accelerated Redemption. Accelerated Redemption allows you to travel earlier than the end of your Program Year or to redeem a Resort Week more than one time per Program Year should you desire to travel more often. You may accelerate the redemption process for a Resort Week at any time during your Program Year by paying, at the time you redeem and reserve your Resort Week, the difference between the accumulated savings amount in your Savings Plan Account, and the amount required to fully fund your account to pay the Redemption Expense. Following Accelerated Redemption, Monthly Deposits into your Savings Plan Account continue for the remainder of the Program Year.

Delayed Redemption. Upon Full Funding of your Savings Account Plan each Program Year, you shall have the following twelve (12) month period during which you can redeem your Resort Week (“Initial Redemption Period”) at the Redemption Expense rate for your applicable Savings Plan for the Program Year in which the respective Monthly Deposits were made. If, after the expiration of your Initial Redemption Period, you have not redeemed your Resort Week, and if the required Monthly Deposit amount for your applicable Savings Plan for all Program Plan Members has increased, you may be required to pay the difference between your initial Redemption Expense and the current Redemption Expense before you may redeem your Resort Week.

Cancellation of Membership. Though the Program is a twelve (12) month program, you may cancel your Membership at any time, subject to the cancellation terms provided herein. You may cancel your Membership at no cost to you within seven (7) days of your Enrollment Date (“Initial Cancellation Period”). After the Initial Cancellation Period, your Program Set-Up and Administration Fee and any Enrollment Fee, if applicable, are non-refundable. Should you elect to cancel your Membership after the Initial Cancellation Period, you have the option to (i) cash out your Savings Plan Account, or (ii) redeem your Resort Week. Should you elect to cancel and cash out your Savings Plan Account, you must send a written notice of cancellation by certified mail to us at: Grand Incentives, Attn: Grand Vacations Billable Returns, 7560 Commerce Court, Sarasota, FL 34243. You will receive the return of the amount in your Savings Plan Account, less the Program Set-Up and Administration Fee and less account Administration Expense (as set forth below), within thirty (30) days of our receipt of your cancellation. Should you elect to cancel and redeem your Resort Week, your current Savings Plan Account balance, less the Program Set-Up and Administration Fee, will be applied and you will be obligated to pay whatever outstanding balance is needed to pay your Redemption Expense. Your Monthly Deposits into your Savings Plan Account in each Program Year are subject to Program an Account Administration Expense that is non-refundable should you elect to cancel your Membership and cash out your account (“Account Administration Expense”). The Account Administration Expense shall be defined as thirty-five percent (35%) of all Savings Plan Account funds, less the non-refundable Program Set-Up and Administration Fee, and shall only be withheld upon cancellation. The Account Administration Expense is only applicable if you choose to cancel your membership and cash out your Savings Plan Account. Further, if you do not redeem your Resort Week within the Initial Redemption Period, your funds are subject to an additional ten percent (10%) per annum non-refundable fee (“Delayed Redemption Expense”) to the Account Administration Expense. The Delayed Redemption Expense is only applicable if you cancel your membership and cash out your Savings Plan Account. By checking and/or marking the box on this form/page titled “I have read, understand, and agree to be bound by the Member Participation Agreement”, you understand and agree to the foregoing cancellation policy and the forfeiture of a portion of your Savings Plan Account funds for payment of non-refundable Account Administration Expense in the event of a non-redemption cancellation and cash out.

Use of Membership/General Program Terms. Your Membership and receipt of Benefits are personal to you as a Member and are not assignable, transferable or separable, in whole or in part. You agree that only you and your Immediate Family, as defined in the Program Website, may use and access the Benefits, and that only you can access the Savings Plan Account. You agree to promptly notify us if you become aware of any unauthorized use or theft of your Membership card or Membership number. As a Member, you must be at least twenty-one (21) years of age. You agree that you have not purchased the Membership in reliance on the participation of any specific vendors, providers, or suppliers. You understand GI is a separate entity from suppliers providing Benefits and your travel accommodations, and none of these suppliers are our agents or employees. All coupons, receipts, and tickets are issued subject to the terms and conditions specified by each of the various suppliers.

Program Website. The Program Website is www.grandvacationsonline.com. You agree that, in our sole discretion, and without notice or liability, we may temporarily or permanently discontinue or modify any aspect of our Program Website. If you fail to comply with any term or condition of Membership, you understand and agree that we may terminate your Program Website access. We also reserve the right to modify these terms of service at any time.

Program Communication. GI and its affiliates may contact you with reminders, Program messages, and travel offers that can be redeemed through the Program. You expressly consent to the receipt of such offers. All email communication sent to the email address provided by you will be deemed received by you within forty-eight (48) hours after it is sent. All regular mail sent to the home address provided by you will be deemed received by you within five (5) business days after it is sent.

Funds To Be Held By GI: Your obligation to pay Program Deposits is between you and GI. GI has elected to have Member Deposits secured in a non-interest-bearing account identifying each Member’s account balance separately and independently from all others. GI has developed guidelines to insure the security of your funds, and to govern the distribution and use thereof, such as: (i) Member’s Enrollment Fee and Program Set-Up and Administration Fees are non-refundable and are released upon receipt by GI of Member Deposit(s) as set forth above; (ii) the remaining Member Deposits received by GI are held by GI (less the Administration Expense) until the Member elects to redeem a Resort Week. Upon Member fully funding its selected Savings Plan Account, and GI receiving confirmation of Member having reserved a Resort Week, GI shall then release and distribute the necessary funds to fully process and pay the confirmed Resort Week redemption as set forth above; and (iii) the agreed upon Administration Expense set forth above is deducted and paid to GI (and/or its designated recipients) for Program administration costs, which are deemed non-refundable. In the event Member should elect to cancel or terminate his/her Membership, GI shall refund the remaining amount of Member’s account balance to Member upon Member’s compliance with the terms and conditions for cancellation set forth hereinabove. By signing this Agreement, or by checking and/or marking the box on the form/page titled “I have read, understand, and agree to be bound by the Member Participation Agreement”, Member is hereby acknowledging that Member concurs with the above.

Delay or Impossibility of Performance/Limitation of Liability. We shall not be liable for any personal or bodily injury, damage, loss, or theft of personal property that occurs in connection with your receipt of any Program Benefit, and our liability, if any, in connection with any claim or action arising out of or in connection with acquisition of the Membership and receipt of the Benefits is limited to reimbursement of amounts paid to us by you pursuant to this Agreement. We make no warranties, express or implied, including the warranty of merchantability or fitness for a particular purpose with respect to any of the Benefits or related information provided to you. You are solely responsible for any bank or credit card overdraft fee or penalty incurred by you in connection with any financial transactions related to this Program. We assume no responsibility for the payment of or continuation to any use or sales tax on the Benefits which may be imposed by third parties, and such taxes shall remain your sole responsibility. Further, no advice or information obtained by you from our personnel, through our service, or through any means shall create any representation or warranty not expressly provided for in this Agreement. We shall not be responsible for any incidental, consequential, or special damages of any kind. We expressly disclaim liability for any damages, losses, penalties, expenses, or cost of any kind or injuries resulting from any act or omission of any individual or entity providing services in connection with the Benefits. If if you have any claims relating to such service, you will make your claim against the vendor directly providing the service. You hereby release us from, and waive all claims whatsoever for, any loss, injury, or damage in connection with any benefit or service, including defects in vehicles, breakdown of equipment, strikes, theft, delay, cancellation of or changes in, the itinerary or schedule, natural disaster, act of God, war, terrorism, or insurrection. For the purposes of this paragraph, “we” and “us” are deemed to include Grand incentives, Inc., Loyalty Solutions, LLC, and all of their agents, assignees, or designees.

Subject Matter of Program. This Agreement, together with the Program Materials, constitutes an agreement for you to use the Benefits of the Program. Your Membership and receipt of the Benefits do not provide you with ownership in, or the recurring right to use, any specific accommodation or facility in any specific geographic site. You are not acquiring any contractual right of exclusive occupancy of any accommodation or facility. You are not acquiring any freehold estate, estate for years, or any other interest in real estate, including timeshare intervals, interests, uses, or periods. You are not acquiring any ownership interest or any interest in real estate, nor are you acquiring a timeshare interest, use of any specific geographic site or a Membership in any discount buying organization.

Entire Agreement/Breach. This Agreement, and the Program Materials, contain all the terms of Membership and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement, or in the Program Materials, shall be effective or enforceable. If any term of this Agreement becomes invalid or unenforceable, the remaining terms shall not be affected. We are entitled to suspend and/or terminate your Membership and access to the Benefits in the event you breach any provision of this Agreement including, without limitation, your obligations to the pay the Membership Fee, the Monthly Deposits, and any other fee or charge as may be due in connection with the Program or this Agreement. Termination shall not relieve you of any obligations owed in connection with your Membership and all monies previously paid by you will be retained as agreed upon liquidated damages, and not as a penalty.

Changes to this Agreement. We may change the terms of or add new terms to this Agreement at any time, in accordance with applicable law.

Applicable Law/Dispute Resolution. You agree that this Agreement has been made, executed and delivered in its entirety in Florida and is exclusively construed, interpreted, and enforced in accordance with the laws of the State of Florida, applicable to agreements made and to be performed therein (without regard to its conflict of law provisions.) You acknowledge that this Agreement is subject to acceptance and approval by us in Florida and is in full force and effect only from the date of our acceptance. Any action to enforce this Agreement shall be brought in the Sarasota County, Florida, which is deemed the proper venue and exclusive jurisdiction for all purposes and to which venue and exclusive jurisdiction you hereby consent. Each party hereby agrees to submit any controversy or claim relating thereto to binding arbitration conducted in Sarasota County, Florida by the American Arbitration Association (AAA) pursuant to the rules and fee schedule thereof. Judgment upon any award rendered by the arbitrator(s) shall be entered in court of competent jurisdiction in Sarasota County, Florida. In any such proceedings, the non‑prevailing party shall pay the prevailing party's attorney's fees and costs as determined by the arbitrator. The parties further agree that no claim or controversy shall be arbitrated or litigated on a class action, private attorney, or other representative action basis and neither party hereto may act on behalf of any other person pursuant to any class, or similar designation. This paragraph shall survive any termination of this Agreement.