TERM. This Agreement shall be in effect only through December 31, 2025. If you wish to participate in any subsequent year, you must indicate so on the application form.
PURPOSE. By executing this Agreement, you are licensing the use of the vacation week(s) indicated herein to WJR. It is understood and agreed that during the period of this Agreement, WJR shall have the exclusive right to occupy and / or list the week indicated herein in its sole and absolute discretion. This agreement shall govern the rights and obligations of the parties hereto.
PRIORITY. As each unit is unique and is presented as such with different views and layouts, it is the guest who will choose the unit that they wish to stay in. Owners who submit their weeks into the program the furthest out from arrival date are the most likely to secure bookings for their week but is also influenced by demand during the time of year your week is in.
DEADLINE FOR ENTRY. WJR will accept Listing Agreements up until the deadline at its sole discretion. In the event that your entire week is not rented within 30 days prior to the first day it becomes available, you do have the right to request that we remove it from inventory for your personal use.
EXCLUSIVE RIGHT. By entering into this Agreement, you agree that you will use the services of Whiski Jack Resorts. WJR will not accept partial weeks, only full 7 day weeks into the rental program. You agree to notify us in the event that a particular week(s) that you have listed with us becomes unavailable. You agree that you will not commit the vacation week(s) to any exchange company, attempt to rent it out on your own, sale to a 3rd party, or use the vacation week, unless you notify WJR of your intent to cancel. Notice of cancellation of your week from the rental program must be received no later than 3 days (72 hours) prior to the start of your week. If any rentals exist in your week when you request to cancel, your request will may be denied. If any portion of your week is not rented, you may request use of the non-rented days, subject to extra cleaning fees. All notifications must in writing by email to email@example.com.
RENTAL MARKETING. WJR will market your week(s) through various NIGHTLY rental channels online and offline including but not limited to the following segments: Online Travel Agencies, Wholesalers, Travel Agents, Fully Independent Travelers, Corporate and Group. The rates will be in-line with the prevailing economic conditions in the travel industry for the resort. Participation in the rental market requires offering nightly rentals. As such, your week(s) will be marketed on a nightly stay basis.
RENTAL RESERVATION ASSIGNMENTS. We match the reservations that come in to the specific unit requested, based on the reservation requirement and inventory that is available for confirmation. Assignments can be anywhere from 1 to 7 nights, depending on the demand and availability.
REPRESENTATION. You hereby acknowledge that WJR has made no representations, promises or guarantees regarding the placement of your vacation week(s) or the amount of your rental proceeds. WJR retains the right to establish rates and conditions. WJR’s decision(s) regarding the program shall be final and in its sole discretion. You acknowledge that WJR will use reasonable efforts to place your week(s) with other vacationers of a caliber consistent with the quality of your resort, and with WJR policies and procedures.
NOTIFICATION OF STATUS. If you would like to know the status of rentals in your week, please contact us at firstname.lastname@example.org. We will not send a notification of rental prior to guest stay as our system does not allow automatic notification and we do not have the internal resources to handle this manually. We will not disclose your weeks rental rates until after the week has passed as rates change often and bookings may change or cancel prior to arrival. If you are assigned a rental(s) you will receive a statement along with your check within 60 days of the end of the month in which the rental(s) occurred. If you’ve requested to have your proceeds applied to your account to cover your maintenance fees, we will email you a statement.
SALE OR TRANSFER OF MEMBERSHIP. In the event you sell or transfer your ownership, the sale shall be made subject to this Agreement and you shall immediately notify WJR of said sale or transfer. You agree to disclose the existence of this Listing Agreement to any prospective purchaser and honor all existing rental bookings. This Agreement shall apply to all assignees, transferees and heirs of yours.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless WJR, its officers, employees and agents from and against any losses or damages, claims, demands or liability (including attorneys’ costs and fees) which may arise or be incurred as a result of this Agreement or any failure by you to perform your obligations hereunder. WJR may withhold all or a portion of your net proceeds, if necessary, to offset or partially offset any indemnification obligation of yours.
RENTAL PROCEEDS. If WJR is able to rent all or a portion of your week(s), Whiski Jack Resorts will be entitled to a commission of twenty percent (20%) of the collected net earned revenue. Whiski Jack Resorts will also be entitled to a five percent (5%) fee to cover banking and merchant costs. For the purpose of this agreement, net earned revenue is defined as the rental revenue collected from the reservation attached to all or some portion of your week(s) less any commissions or discounts WJR has provided to its marketing channels. Housekeeping fees will apply for every additional booking above the first booking.
ALLOCATION OF EARNINGS. Owners who request to have their earnings applied to their account will receive an email from our department including a statement of earnings. If earnings are below $100 CAD after deductions, the amount will be applied to the owners account regardless if they requested the amount to be applied or not. WJR will not automatically provide a cheque for the difference between maintenance fees and earnings from rental if earnings are in excess of the fees. If an owner requests to have the amount mailed by cheque AFTER the amount has been applied to their account, we may do so less a $25 administration fee. If an owner would like to receive partial proceeds from their earnings mailed to them in cheque form, they must do so before the amount is applied to the account to avoid the $25 administration fee.
RENTAL PROCEEDS APPLICATION. You are responsible for income taxes and other operating costs, which may be payable as a result of the payments generated from your rental(s). For all non-Canadian residents, Whiski Jack Resorts will be required, per Canadian law, to withhold twenty-five percent (25%) of your rental proceeds, which must be submitted to the proper Canadian taxing authorities. We recommend that you consult an income tax professional to ensure compliance with the applicable tax laws.
LOSS OF RENTAL RIGHTS. Owners who submit their weeks into the rental program must ensure that the maintenance fees are paid in full and current for the year. In the event that you become delinquent in the payment of any money owed to Whiski Jack Resorts or to the Association for the week listed, all weeks deposited into the program will be removed immediately and you will not be entitled to any rental proceeds.
PROPERTY AUTHORITY. You hereby warrant that you either own or are properly authorized to enter into this Agreement for the inventory listed below. Furthermore, you can perform the obligations under this Agreement on behalf of yourself or all persons in title of Ownership and that you have full authority to provide WJR with the listing hereunder.
NOTE for Whiski Jack Condos owners: Weeks at Whiski Jack Condos will not be accepted into to the program as the zoning bylaw does not permit it. If you’re an owner with Whiski Jack condos and have more questions, please contact your HOA president.