THIS PURCHASE AGREEMENT, inclusive of the Understanding and Acknowledgement, a copy of the current Club Rules (which can be found at www.DreamStarResorts.com/club_rules), and any executed enrollment applications required by a Provider (collectively, the “Club Documents”), is made between DreamStar Resorts (“SELLER”), and the above-named Member.
SELLER conveys to Member a recreational membership (“Membership”) in the DreamStar Club (“Club”) to begin as of the Membership Date on an “As Is, Where Is” basis in exchange for the Total Purchase Price. Following the stated cancellation period, all Membership sales are final. Failure to make any payment required hereunder or in the Club Rules, will result in forfeiture of Member’s right to benefits hereunder and SELLER shall be released from any obligation to deliver the Annual Fixed Points and Bonus Points to Member. Further, all payments made may be retained by SELLER and its agents as liquidated damages. See the Club Rules for additional payment terms.
The Club is a limited-term membership services program renewable each year. Membership is personal to Member and may be used solely for the use and enjoyment of the Member and his/her family and guests. Memberships may only be assigned or transferred as provided in the Club Rules. Member has no expectation of (a) profit, or of return on the sums paid under the Membership; nor (b) the direct or indirect transfer of any interest in real estate, of a right to use any particular accommodations, or of any equity in SELLER or its agents.
NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THE CLUB DOCUMENTS. ACCOMMODATIONS ARE AVAILABLE ON A SPACE AVAILABLE, FIRST REQUESTED-FIRST RESERVED BASIS. WHILE THERE ARE NO BLACKOUT DATES, THERE IS ALSO NO GUARANTEE THAT THE MEMBER WILL BE ABLE TO RESERVE SPECIFIC ACCOMMODATIONS DURING A SPECIFIC TIME PERIOD. THE EARLIER A MEMBER REQUESTS A RESERVATION, THE GREATER THE OPPORTUNITY TO RECEIVE THE DESIRED RESERVATION If any provision hereof is held invalid or unenforceable, that provision shall be construed to the minimum extent necessary. The Club Documents represents the parties’ entire agreement and understanding and supersedes all other prior agreements and understandings, whether oral or writing. This Purchase Agreement shall be governed by the laws of Arizona and the Federal Arbitration Act. Each party irrevocably consents to submit to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona for any litigation.
AFFILIATION WITH EXCHANGE COMPANY
RCI conducts an exchange program made available to certain members of the Club. No joint venture, partnership or contract of agency exists between RCI and one or more of the following: SELLER, the Club, and DreamStar Resorts; however, SELLER is a party to an agreement with RCI through which it submits applications on behalf of Club Members to become members of, and participate in, the RCI Points Exchange Program. RCI’s responsibility for representations concerning the RCI Points Exchange Program is limited to those representations made in materials supplied by RCI. While it is anticipated that the SELLER and RCI will maintain an ongoing relationship, there is no assurance that the agreement between SELLER and RCI will continue. Similarly, RCI makes no representations as to the continued viability of the Club. Your decision to purchase should be based primarily upon the benefits to be gained from ownership and use of your Club membership and not upon the RCI Points Exchange Program.
Club Operator’s customer service department can be reached at (833) DRMSTAR. In the event an issue cannot be resolved by customer service, Member agrees that all disputes arising in relation to the Membership, other than disputes involving the Member’s payment of the Purchase Price or Club Dues (“Disputes”), shall first be submitted by the parties hereto to non-binding mediation. A Member may submit the issue to mediation by delivering a detailed explanation of the Dispute to SELLER using the following contact information
DREAMSTAR RESORTS INC
PO Box 14673
Scottsdale, AZ 85267-4673
Upon receipt, SELLER shall have thirty (30) days to review, and, if both appropriate and possible, resolve the Dispute. SELLER has the option of enlisting a mediation service to assist in resolving the Dispute, and the parties may participate in the mediation using appropriate telecommunication facilities approved by the mediation service.
Should mediation prove unsuccessful in resolving a Dispute, then either party hereto may submit a Dispute to binding arbitration. The arbitration shall be held in Maricopa County before one arbitrator under the consumer arbitration rules in force at that time of the American Arbitration Association or similar organization selected by SELLER. The arbitrator shall be selected by Member from a panel of arbitrators acceptable to and chosen by SELLER. SELLER and Member will share in the cost of the arbitration on an equal basis, but each party is responsible for its own attorney fees and costs and the ultimate costs of arbitration payable by the parties, including any attorneys’ fees, shall be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand with a detailed explanation of the Dispute and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. To the fullest extent permitted by law, the arbitrator is not permitted to award indirect, special, incidental, consequential or punitive damages against any party. If the arbitration rules permit a party to proceed with their dispute in small claims court, and a party chooses that option, the parties agree not to seek any remedy or relief in small claims court that would be unavailable to them through binding arbitration. Any judgment upon the award rendered by the arbitrator may be entered in the Applicable Courts. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Purchase Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
ALL DISPUTES NOT RESOLVED THROUGH MEDIATION WILL BE RESOLVED BY BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. This arbitration provision shall survive termination of the Purchase Agreement and Membership.