Owner may designate up to 50% of each resort’s “open time” as “peak season.” “Open time” is determined by what is set forth in the Resorts of Distinction directory.
Resorts of Distinction does not own or operate any resorts. Owner acknowledges that it is essential to the Resorts of Distinction Program that every Resorts of Distinction member have a Home Resort membership at a resort the Resorts of Distinction member desires to use primarily; and that the Resorts of Distinction member’s use of the Resorts of Distinction Program shall be used in addition to, not instead of, primary use at the Home Resort. Accordingly, Owner agrees that Resorts of Distinction memberships are meant to be, offered by Owner as a secondary or ancillary benefit to Owner’s primary product, which is the sale of a membership to use Owner’s Resort.
Home Resort Membership
Resorts of Distinction memberships are available only to members who have purchased a Home Resort membership from a Resorts of Distinction owner’s resort, and remain in good standing as a member of that resort. Owner’s members must visit, inspect and be satisfied with their Home Resort before purchasing a Resorts of Distinction membership (except at approved off-site sales locations). Use of the Home Resort is to be the primary motivation for individuals to become and remain members of the Home Resort. The Resorts of Distinction Program is an adjunct and ancillary service and cannot be marketed as the primary reason for anyone to become or remain a member of a resort.
Offer of Resorts of Distinction Membership
So long as Owner is an owner of Resorts of Distinction, Owner shall give all of Owner’s current and new members the opportunity to become Resorts of Distinction members provided such member (1) has visited and inspected Owner’s Resort, (2) is a member in good standing of Owner’s Resort, and (3) except for up to five percent (5%) of Owner’s total membership, does not live more than 125 miles from Owner’s Resort.
Off-Site Sales of Owner’s Resort Memberships
Resorts of Distinction does not encourage off-site sales (sales that do not occur at Owner’s Resort) of memberships in an Owner’s Resort because the primary product the consumer is purchasing is use of the Home Resort, and the consumer should therefore inspect the Home Resort before purchasing a membership. On-site sales help assure customer satisfaction, minimize consumer complaints and are consistent with Resorts of Distinction’ “Primary Product Rule,” which requires that the Home Resort be the primary product sold and the Resorts of Distinction Program be an ancillary benefit.
Resorts of Distinction will continue to require that marketing operations be governed by the principle that the Home Resort must be the primary product and the Resorts of Distinction Program secondary.
Owner recognizes that it is essential to the Resorts of Distinction Program that Resorts of Distinction owner’s resorts maintain a high level of quality in areas such as facilities, operations, services, and management and, accordingly, Owner agrees to maintain and operate Owner’s Resort at a high level of quality, as determined in Resorts of Distinction’ s sole discretion, including at a minimum the following:
Minimum Facility Requirements
A majority of campsites must be full service (i.e., have a minimum of water and electricity).
Clean, functional comfort stations convenient to sites and in compliance with local and state law-- ideally within 500 feet of each site; with a minimum of one comfort station per 100 sites.
Convenient access to dump stations.
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