SFX Terms & Conditions

SFX Terms & Conditions

1. Reservation Program. SFX Preferred Resorts (“SFX”) essentially acts as an independent reciprocal reservation system for accommodation occupancy at various resort locations. Resort accommodations can include, but are not limited to, a hotel unit, a studio unit or multi-bedroom condominium, town home, or home (“Resort Accommodation”.) SFX members deposit days and/or weeks of such Resort Accommodation(s) (“Member Deposit(s)”). In exchange, SFX members receive the same number of days and/or weeks as their Member Deposit(s) at Resort Accommodation(s) of other members or Resort Accommodation(s) sourced by SFX for this purpose. This program is known as the SFX Exchange/Reservation Program (“SFX Program”).

2. Acceptance of Membership. SFX reserves the right, in its sole discretion, to reject any prospective member (“Applicant”) for any reason, or for no reason. Upon an Applicant’s acceptance of these Terms and Conditions and SFX advising an Applicant in writing that they have been accepted as a subscribing member of SFX (“Member”), the Applicant becomes a Member, and the Application constitutes a legally binding contract between SFX and the Member (“Contract”). Notwithstanding the terms of the Contract into which SFX and Member will be deemed to have entered, SFX reserves the right to modify any of the terms, conditions and benefits set forth therein or otherwise afforded to Member at any time without prior notice.

3. Participation in Exchange/Reservations. A Member’s participation in the Program commences upon acceptance by SFX of such Member.

a. Exchange/Reservation Request by Member. Member(s) may request an exchange/reservation at various destinations from fourteen (14) days to two (2) years in advance. SFX will use its best efforts to fulfill Member’s exchange/reservation request; however, it is understood by Member that SFX cannot guarantee fulfillment of any specific request (locations and/or dates, etc.), as all requests are subject to availability. Further, Member understands that the size, design, furnishings, and amenities, among other things, of the Resort Unit(s) into which Member may be confirmed, may differ from the accommodations of Member’s own Resort Unit(s). Member hereby accepts all such disparities and differences.

b. Deposit of Ownership Week. Member(s) may deposit their Ownership Week into their SFX account to exchange for a future week of vacation at another property offered by SFX. By so depositing their Ownership Week, the Member relinquishes all rights to use that week to SFX. Only the Ownership Week that is available for exchange may be deposited. By depositing the Ownership Week, the Member warrants to SFX that: (1) the Member has the legal right to use and assign the use of the deposited Ownership Week and all other resort amenities to which the Member has access; (2) the deposited Ownership Week has not been and will not be assigned, offered or made available by the Member to any third party; and, (3) the physical accommodations are in good and usable condition. An Ownership Week may be deposited by mail, telephone, or through SFX’s website at www.sfxresorts.com. Members who wish to deposit a Floating Ownership Week will be required to obtain unit and week assignments from their Home Resorts or Home Group before their Ownership Week can be deposited. In some instances, Members may be required to contact their Home Resort or Home Group and ask the Home Resort or Home Group to make a Deposit on the Member’s behalf. Member agrees and acknowledges that any deposited Ownership Weeks may be used by SFX for any commercial purpose, including but not limited to, Exchange Requests by Members, Bonus Weeks to Members and non-members, promotions, and marketing.All Ownership Weeks must be deposited in a full 8-day/7-night increment. Anything less will not be accepted. For a deposit to be accepted and placed in a Member’s account for exchange, Members may/ must deposit their Ownership Week with SFX during the time period from between twenty-four (24) months to and ninety (90) days before prior to the check-in date of the Ownership Week to being deposited. An Ownership Week that has a check-in date within ninety (90) days are subject to review prior to and may or may not be accepted. Some Home Resort(s) or Home Group(s) will not verify Member’s Ownership Week directly with SFX. In order to deposit an Ownership Week, Member will be required to submit an SFX guest name to their Home Resort or Home Group’s reservation department at such time SFX books the deposited week and notifies the depositing member with guest name. Failure to provide the Guest Confirmation will result in forfeiture of your deposited Ownership Week and Member will be responsible for providing a minimum payment of $1,000.00 to SFX or the actual cost of alternative accommodations, whichever is greater.

c. Non-Exchange/Reservation-Related Programs. From time to time, SFX may, in its sole discretion, offer other non-exchange/reservation-related programs to members and non-members, and/or permit third parties to offer such benefits. These ancillary programs may, in SFX’s sole discretion, be subject to terms and conditions, additional to, or apart from, those contained in this Application herein, which other Additional, terms and conditions may be changed without prior notice to Members. Members and Booked Guests hereby agree to be bound by such terms and conditions of all such other ancillary offerings. SFX accepts no responsibility for the acts/ or omissions of any third parties providing such offerings, either directly or indirectly through SFX, to Members and Booked Guests.

d. Accepting Upgrades & Offers From Resorts. From time to time, a resort may offer an SFX Member the opportunity to upgrade or modify their reservation in some way. When an SFX Member accepts such and offer, it nullifies the original confirmed reservation with SFX and subjects the new reservation to the Terms and Conditions between the SFX Member and the resort directly. At such time, all further questions, reservation modifications, and/or cancellation of the reservation should be handled between the SFX Member and the resort. SFX is no longer responsible for reservations that are agreed upon directly between an SFX Member and a resort.

e. Reservations for a Resort Escapes Listing. A Resort Escapes is valid for a reservation from our Resort Escapes listing. The booking does not cover airfare, transportation fees, resort fees, government-imposed taxes, meals, room upgrades, resort upgrades, extended stays, or any other fees accumulated during the vacation stay. The reservation cannot be held, and all guests’ names are required at the time of booking. Due to the short notice of the reservation, all bookings are final, and no cancellations or refunds are allowed. SFX members can book a total of 5 Resorts Escapes for themselves or a guest within a calendar year.

f. Resort Rules and Limitations. Certain Resorts or Resort Groups have implemented an occupation rule commonly referred to as “1-in-n.” This rule states that an SFX Member who has stayed at a particular resort through SFX, cannot stay at the same resort for a set number of years. The number of years is determined by the resort. In certain circumstances, the 1-in-n rule may apply to all resorts within a Resort Group, meaning that if an SFX Member has stayed at one resort that is part of a Resort Group, the SFX Member may not stay at any other resort in any location that Resort Group offers for a set period of time, determined by the Resort Group. Other resorts might enforce the 1-in-n rule by specific location only. In this circumstance, the SFX Member could be allowed to visit other locations offered by that Resort Group. For Resorts enforcing the 1-in-n rule, it is applicable regardless of how the accommodation is reserved (exchange, Bonus Week, rental, etc.) Additionally, certain Resort or Resort Groups have placed a limitation on the duration of stay an SFX Member and/or Guest(s) may book. SFX Member and/or Guest(s) cannot book a consecutive stay at any resort that exceeds the Resort or Resort Group’s restrictions. Many resorts that enforce these limitations will not honor bookings that attempt to violate their restrictions.

g. Subject to Availability. All bookings are subject to availability and the Terms & Conditions of the offer, if applicable. In the event offered resorts become unavailable due to any unforeseen events including, but not limited to; acts of physical or natural disaster, resort or agency insolvency, resort over-bookings, SFX reserves the right to offer alternative similar properties for booking.

h. Cancellation of Exchange/Reservation By SFX. SFX may, in its sole discretion, cancel a Resort Accommodation confirmation if (i) a Resort Accommodation confirmed to a Member and/ or Guest(s) by SFX becomes unavailable due to natural disaster, act of God, civil unrest, war, insurrection, over booking or any other reason beyond SFX’s control, and/or if (ii) a Member and/or Guest(s) becomes “suspended” following confirmation, but prior to completion, of an exchange/reservation. In such instance, the Member and/or Guest(s) hereby waive(s), hold(s) SFX harmless for, and indemnify(ies) SFX against, any and all claims against SFX for damages and/or any and all losses, including but not limited to, special, incidental, consequential, general and/or punitive damages. In the event SFX cancels a confirmation, there will be no refund of any transaction fees; however, SFX may, in its sole discretion, provide a credit to the Member for alternative accommodations, subject to availability.

i. Cancellation of Booking/Reservation By Member and/or Guest(s) of Member and/ or Booked Guest(s). In the event Member and/or Guest(s) cancel(s) their booking Member and/or Guest(s) agree there will be no refunds issued by SFX, as all transactions are final. If Member and/or Guest(s) seek(s) to cancel a confirmed reservation, they will be treated in accordance with the following schedules:

Reservation Protection. Reservation Protection may be added at the time of reservation to all Exchange Transactions and Cash-Based Transactions that are made for check-in dates 61 days or greater in advance of check-in. For reservations with added Reservation Protection, cancellations will be treated in accordance with the following schedules:

Travel Protection. SFX additionally offers Travel Protection administered by Trawick International. Travel Protection may be added at the time of reservation to all Exchange and Cash- Based transactions made 31 days or more prior to the check-in date. For transactions with Travel Protection added, Members should consult their policy from Trawick International for policy details.

View Travel Protection and Highlights here: https://www.sfxresorts.com/travel-protection

4. Prohibitions. Among the other prohibitions set forth in these Terms and Conditions, and as otherwise may be adopted from time to time by SFX, in its sole discretion and without prior notice to Member and/or Guest(s), the following prohibitions shall apply:

a. Lack of Due Care. Member and/or Guest(s) in a Resort Accommodation are prohibited from conducting themselves or permitting the conduct of any other person in their party in any manner which is in any regard not responsible, careful, respectful, or securing of a Resort Accommodation and/or its owner(s) and/or other Guests.

b. Pets. Under no circumstances shall any pets of Member and/or Guest(s) be permitted in Resort Accommodation(s) or on Resort properties.

c. Minors. Persons under 21 years of age are not entitled to the use of an SFX reservation or occupancy of Resort Accommodation, unless accompanied by a person of at least 21 years of age.

d. Commercial Purpose SFX Memberships, nor any of Member and/or Guest(s) reservations be used for any commercial purpose whatsoever, including but not limited to sale and/or rental for income.

e. Occupancy Maximums. The total number of people occupying the booked accommodation may not exceed the maximum occupancy of the unit as set forth by the resort and listed on the reservation confirmation or guest confirmation. Otherwise, SFX or the Resort may refuse access and/ or levy an additional charge. Member and/ or Guest(s) agrees to be responsible for and pay any such additional charges as deemed by SFX or the Resort.

f. Accrual of Exchange Time. Member will have up to three (3) years past the first day of occupancy deposited by Member relative to their Resort Accommodation in which to exchange and receive time at another Member’s Resort Accommodation Member agrees and understands that deposit credits for exchanges, that are not used within the two-year stated period, will expire.

g. Fees. All then-in-effect SFX fees for reservations, confirmations, exchanges, accommodation bookings, upgrades, and all other SFX fees, shall be paid when due by Member. Membership fees, where applicable, must be current through all future requested and booked travel. Payment of all such fees is final, and no refunds, regardless of circumstances, shall be permitted, unless otherwise expressly stated in these Terms and Conditions. SFX reserves the right to change or modify fees at any time, without prior notification to Member and/or Guest(s).

h. Resort Fees and Taxes. Certain resorts charge additional fees such as resort fees, utility fees, etc. and/or government- imposed taxes. SFX Members or Guest(s) are responsible for paying such fees directly to the resort upon check-in unless otherwise specified. SFX has no control over the amount, nor the collection process associated with such fees or taxes being collected by resorts.

i. Suspension of Exchange/Reservation Privileges and Membership. Should SFX deem, in its sole discretion, that (i) a Member’s Resort Accommodation is not high quality accommodations, and/or is not being well maintained, operated and managed, and/or (ii) a Member and/or their Guest(s) damaged and/or otherwise caused losses to a Resort property and/or (iii) Member and/or their Guest(s) have violated these Terms and Conditions, (iv) and/or a Member or Guest uses abusive and disruptive behavior towards staff members of SFX or Resort properties; then SFX shall be entitled at any time to suspend or terminate a Member’s Membership(s) and/or their Guest’s participation in SFX, without credit to the Suspended Member(s) and/or Guest(s) for any membership and/or transaction fee(s) paid.

5. Guest Certificates. A member may transfer an Exchange Week or Confirmed Reservation to anyone of Member’s choice, provided: (I) Member advises SFX of such transfer (including relevant name, address and telephone numbers) and pays the then applicable fees. (II) It is understood that SFX reserves the right in its sole discretion to disapprove of such transfer if not enough notice is provided by Member to SFX to facilitate placing the correct Guest Name on the reservation. (III) Such transfer is not prohibited by the Resort or its Management team. Approval of such transfer, and the subsequent award of the Guest Certificate in the name of the Member’s Guest to whom the certificate is issued. The Guest and anyone in their party, who is name on the Guest Certificate shall be the only person(s) allowed to stay at the booked accommodations. Recipients of Guest Certificates must be at least 21 years of age at the time of check-in to the Resort Accommodations.

6. Member and/or Guest(s) Liability In addition to the liabilities provided for elsewhere in these Terms and Conditions, Member and/or Guest(s) as applicable, expressly agree that they shall be liable, and bear all responsibility, for payment of any applicable fees, surcharges, security deposits, and taxes required by a Resort property as well as, personal expenses, damages, theft, losses and/or all other charges of any and all entities and other parties, incurred in connection with Member and/or Guest(s), travels to and from, and stays at, the confirmed Resort Accommodation. When a Member has transferred an exchange/reservation confirmation by Guest Certificate and such Guest Certificate is approved by SFX, then Member further agrees that Member and/or Guest(s) shall be jointly and severely liable, and bear all responsibility, for payment of all the same aforementioned fees, taxes, expenses, charges, deposits, damages, theft, losses and/or other charges. Further, Member agrees that they and/or their Guest(s) shall be responsible and liable for any and all damages, losses and/or theft caused, directly or indirectly, during their occupancy of, or while they have been afforded access to, a Resort Accommodation. Additionally, Member and/or Guest(s) as the case may be, expressly agree that Member and/or Guest(s) shall be liable, and bear all responsibility, for payment any and all costs and expenses incurred by SFX and/or another Member and/or their Guest(s). If Member has deposited or transferred to any other entity Member’s Resort Accommodation by Guest Certificate, or Member has taken any other action, which results in an over booking and/or otherwise interferes with another Member and/or their Guest’s confirmed reservation in a Resort Accommodation.

7. Limitation of Liability, Indemnification, and Defense.

a. The liability of SFX to Member and/or Guest(s) in actual damages and/or any other losses of any nature which may arise, or are alleged to have arisen, out of a reservation arranged by SFX for a Member and/or Guest(s) shall be limited to the single transaction fee paid for the relevant accommodation giving rise to the alleged damages or other losses Member and/or Guest(s) entitlement to such a refund of the relevant transaction fee shall be subject Member and/or Guest(s) providing SFX with written notice of Member and/or Guest(s) damage and/or other losses within 30 (thirty) days of Member and/or Guest(s) actual or previously confirmed return date (whether Member and/or Guest(s)) a Resort Accommodation or not), whichever date is sooner. In no event shall SFX be liable for any other damages and/or losses, including but not limited to, special, consequential, general or punitive damages, or for the actions or omissions of any third parties, including third party providers of services. Any refund of the single transaction fee to a Member and/or Guest(s) shall not be construed as an admission by SFX of any liability of any kind to the Member and/or Guest(s). Acceptance of the refunded transaction fee by the Member and/or Guest(s) shall constitute a full and complete accord and satisfaction, and release and hold harmless, in favor of SFX, of all claims, demands, causes of actions and lawsuits against SFX.

b. Further, Member and/or Guest(s) agree(s) that SFX shall have no liability whatsoever, and shall be held harmless, to Member and/or the other owners of Member’s own Resort Accommodation or the Same Resort Unit for other times, for any damages and/or any other losses of any nature which arise out of an exchange/reservation arranged by SFX at Member’s own Resort Accommodation including but not limited to, special, consequential, general or punitive damages. The sole recourse, if any, of Member and the other owners of Member’s Resort Accommodation during other times, for any such damages and/or any losses shall be against parties other than SFX, including, but not limited to, as appropriate, another Member and/or Guest(s). To the extent that any portion of a Member’s same damages and/or other losses are due to the actions or conduct of another Member or that other Member’s Guest(s), or any other third-party related SFX benefits or offers, Member and/or Guest(s) agrees to indemnify, hold harmless and defend SFX against any claims for such damages and/or any other losses, and Member and/or Guest(s) further agree(s) to be responsible for and pay to any other Member all such damages and/or other losses. In no event shall SFX be liable for any other damages and/or losses, including but not limited to, special, consequential, general, or punitive damages.

c. In addition, Member and/or Guest(s) agrees that SFX shall have no liability whatsoever, and shall be held harmless, to Member and/or Guest(s) for any damages or other losses alleged to have arisen out of any third-party services purchased as part of Member’s Membership package purchase, whether purchased separately or bundled together with Member’s membership purchase. Unless otherwise required by applicable law, any dispute as to the validity and enforceability of this Section 7 shall be adjudicated in the jurisdiction of California.

d. Notice to SFX of Claims. Notwithstanding SFX’s limited liability as set forth herein, a condition of Member’s member ship and/or Guest(s) reservation, is that SFX receive written not ice from Member and/or Guest(s) of any and all claims within 30 days of the date such claims arise. The deadline for requesting and being entitled to a refund of a single transaction fee, however, is governed by the other provisions of these Terms and Conditions.

8. Attorneys’ Fees and Costs. In any lawsuit, arbitration or other legal proceeding to enforce the terms of these Terms and Conditions and/or Contract created thereby, or otherwise recover damages and/or losses due SFX, SFX shall be entitled to recover against Member and/or Guest(s) any and all damages and/or losses, including but not limited to, reasonable attorneys’ fees and other costs, whether incurred in connection with litigation or otherwise, provided SFX is the prevailing party in connection with any such matter. The “prevailing party” for purpose of the foregoing shall be either (i) SFX or (ii) Member and/or Guest(s) and shall be such party receiving the more favorable determination as to their fault in the disputed matter/damages/claim. In any lawsuit, arbitration or other legal proceeding into which SFX is brought as a direct or indirect result of the acts and/or omissions of Member and/or Guest(s) or other party shall indemnify and hold harmless SFX for any and all damages and/or losses and defend SFX in connection with any such proceeding.

9. Binding Effect.Any and all references to “SFX” in this Application shall include SFX’s parent companies, affiliated companies, subsidiaries, shareholders, directors, agents and employees. References to “Member and/or Guest(s)” these Terms and Conditions all include the respective SFX Member and/or his or her Guest(s) and/or all other related agents and parties.

10. Severability and Construction. If any one or more of the provisions herein is determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative. Moreover, these Terms and Conditions and resulting Contract shall be deemed to have been created by both SFX and the Member and/or Guest(s).

11. Governing Law. These Terms and Conditions and the resulting Contract shall be deemed made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed in accordance with the laws of the State of California. SFX and Member consent to personal jurisdiction before the courts of San Francisco County, California, and the United States District Court for the Northern District of California. Member waives any objection which it may now or hereafter have to exclusive venue in San Francisco County, California of any suit, action or proceeding arising out of or in any way relating to this agreement and the obligations created hereunder, and Member further waives any claim that San Francisco County, California is not a convenient forum for any such suit, action or proceeding.

12. Waiver. The failure of SFX to insist in any one or more respects upon strict performance of any of these Terms and Conditions and the Contract created thereby shall not be deemed a waiver or relinquishment of any right or of the future performance of any such term or condition, but the obligations of each party shall continue in full force and effect.

13. Headings. The paragraph headings in these Terms and Conditions and resulting Contract are for reference purposes only and shall not have any substantive effect.

14. Quality Control. In the interest of quality control, and otherwise, telephone conversations may be recorded from time to time, and Member hereby consents to such recording.

15. Confidentiality. Any and all communications, including email, SMS, written, oral or otherwise, between SFX and Member and/or Guest(s) is privileged, and confidential information intended only for the use of the individual(s) or entity named on the communication. Dissemination of this information without the written consent of SFX is strictly prohibited and shall be deemed a breach of confidentiality and is subject to legal action. Member and/or Guest(s) give full consent to SFX supplying the resort where reservations are booked for with names, address and phone number of Member and/or Guest(s)

16. Additional Member Benefits.

a. Vida Vacations Members and Privilege Weeks. Vida Vacations Members are eligible to receive Privilege Weeks from Vida Vacations. Privilege Weeks may be used to book vacations at resorts other than Vidanta. Bookings for Privilege Weeks may be reserved up to 12 months in advance of the check-in date and are subject to availability. In order to receive, earn, book, or travel using a Privilege Week, a Vida Vacations Member must be an SFX Diamond Member. Additional Privilege Weeks may be earned from SFX annually on the anniversary date of membership as long as the Member has an SFX Diamond Membership. Privilege Weeks expire 12 months from when they were earned. Privilege Weeks are a benefit for Vida Vacations Members only and are non- transferrable. The terms and conditions of the SFX Privilege Week program are subject to change.

b. Cancellation of Privilege Weeks by Vida Vacations. Members - In the event a Member cancels a Privilege Week booking, the Member agrees there will be no refunds issued by SFX, as all transactions are final. If Member seeks to cancel a confirmed reservation of a Privilege Week after the grace period until 30 days in advance of the arrival date, Member will be given a credit by SFX for an alternative Privilege Week reservation, provided Member pays another transaction fee for any subsequently confirmed reservation. Cancellation of a reservation 29 days or less prior to arrival date will result in a member’s forfeiture of the time confirmed at the confirmed Resort Unit. While it does not provide a SFX credit or Reservation Protection, Travel Protection can help protect your trip. For your ease, SFX allows you to purchase Travel Protection with your confirmed reservation, where all claims will be administered via Trawick International. Both Reservation Protection and Travel Protection can be added at the time of your initial booking. Both protection options cannot be purchased at a later time.

17. SFX Travel and More. Purchases, benefits, transactions, redemptions are administered and fulfilled by Advantage Services("AS"), under license from SFX. AS is a registered seller of travel in: FL #ST33867 and CA #2059134. AS is not a participant in the CA Travel Consumer Restitution Fund. CA requires certain seller of travel to have a trust account or bond. AS maintains a Consumer Funds Protection Bond issued by Hartford Fire Insurance Company in the amount of $100,000.00.

18. Communications.

a. Member agrees to receive transactional and promotional communications via SMS, email, mail, and telephone regarding SFX Preferred Resorts products and serv ices. Member understands that Member can opt-out of these communications at any time. SFX Preferred Resorts respects Members’ privacy; please refer to our Privacy Policy for more information. Text TRAVEL to 78298 to join SFX Preferred Resorts Promo Alerts. 5msgs/mo. Reply HELP for help; for additional help, contact vacations@sfx-resorts.com or call 800-739-9969; reply TRAVELSTOP to cancel. Msg&Data Rates May Apply. Text JOIN to 78298 to join SFX Preferred Resorts Booking Confirmations and Transactions Alerts. 7msgs/mo. Reply HELP for help; for additional help, contact vacations@sfx- resorts.com or call 800-739-9969; reply JOINSTOP to cancel. Msg&Data Rates May Apply. Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile. T-Mobile® is not liable for delayed or undelivered messages.

b. Member agrees to receive Transactional and Account Notifications via 2-way conversational SMS from 800-739-9969, 510-749-3700 and 510-749-3708. Member understands that Member can opt-out of these communications at any time. SFX Preferred Resorts respects Members’ privacy; please refer to our Privacy Policy for more information. Text frequency may vary. Reply HELP for help; for additional help, contact vacations@sfx-resorts.com or call 800-739-9969; reply STOP to cancel. Msg&Data Rates May Apply. Compatible carriers include: AT&T, T-Mobile®, MetroPCS, Boost, U.S. Cellular, Interop, Verizon Wireless, Spectrum Mobile, and ClearSky Mobile Media Inc., T-Mobile® is not liable for delayed or undelivered messages.

19. SFX reserves the right to change or modify the Terms & Conditions at any time, without prior notification to Member.

Updated: 03/12/2024 [108]