PLEASE SCROLL DOWN AND READ THE APPLICABLE MEMBERSHIP TERMS AND CONDITIONS BELOW.
These Inspirato® (“Inspirato”) Real Estate Referral Program Terms and Conditions (“Referral Program Terms and Conditions”) govern your participation in the Inspirato Real Estate Referral Program (“Referral Program”) and your receipt and use of Travel Credits, or a cash equivalent, earned in connection with Referral Opportunities (as defined below) that we may make available to you from time to time in connection with your participation in the Referral Program. The terms “we,” “us,” “our,” and “Operator” refer to Best of 52, LLC, the operator of Inspirato. The terms “you,” “your,” “Member,” and “Co-Member” refer to you and all Inspirato Members and other persons we permit to participate in the Referral Program.
Participation in the Referral Program and your eligibility to receive Referral Travel Credits (defined below) is offered to you conditioned upon your agreement to accept these Referral Program Terms and Conditions. If you agree to be bound by these Referral Program Terms and Conditions, you should click the “I agree to the Inspirato Real Estate Referral Program Terms and Conditions” selection on the Referral Program enrollment process. If you do not agree to be bound by these Referral Program Terms and Conditions, you should not participate in the Referral Program or click the described selection. Failure to agree to these Referral Program Terms and Conditions means you will not be eligible to participate in the Referral Program or receive Referral Travel Credits. As it pertains to Inspirato Members, capitalized terms used but not defined herein shall have the meaning set forth in the Inspirato Terms and Conditions (“Inspirato Terms and Conditions”) applicable to your Membership. The Referral Program Terms and Conditions, inclusive of any state-specific disclosures, and the Inspirato Terms and Conditions; Reservation and Use Rules or the Inspirato Pass Travel Rules (collectively the “Inspirato Documents”) applicable to your Membership or Pass Program (“Reservation Rules”) are incorporated herein by this reference and are part of these Referral Program Terms and Conditions. Please read these Referral Program Terms and Conditions carefully and print or save a copy for your files.
The following Inspirato® Referral Program Terms and Conditions are applicable to all Eligible Participants of the Referral Program
1. Inspirato Referral Program; Participation. Operator created the Referral Program to offer eligible participants, which may vary from time to time and is subject to Operator’s reasonable discretion, the opportunity to refer property owners and potential landlords (“Referred Partners”) to lease their property(s) to Operator. In exchange for an eligible participant providing a Valid Referral (defined below), such participant must be eligible, and not prohibited by applicable law, to receive Travel Credits (as further described below). To participate in the Referral Program, you must accept and adhere to these Referral Program Terms and Conditions. There is no participation fee to participate in the Referral Program and participation is generally available to all eligible participants, so long as participation or receipt of Travel Credits, or a cash equivalent, is not prohibited by applicable law. Upon opting-in to the Referral Program, your participation in the Referral Program will continue until the earliest to occur of: (i) termination of your participation in the Referral Program as provided herein; or (ii) Operator’s discontinuation of the Referral Program in its sole discretion. In all such cases, you will permanently lose all rights associated with the Referral Program.
2. Referral Opportunities. Your participation in the Referral Program enables you to receive Travel Credits, or a cash equivalent, in exchange for making valid Inspirato Referrals (as further described below) of property owners and potential landlords to Operator; provided that you are not required to participate in the Referral Program or otherwise perform any activities or actions to market, refer, or sell Inspirato. Operator shall have the right, in its sole discretion, to establish and modify the criteria for participation in the Referral Program and to establish different levels or amounts of Travel Credits, or a cash equivalent, awarded.
3. Valid Referrals. Eligible participants may earn Travel Credits, defined as credits for future travel in the Inspirato Collection and other use and enjoyment of Opportunities, or a cash equivalent (“Referral Travel Credits”) in the amounts outlined below for Valid Referrals. To earn Referral Travel Credits, you must refer your “personal” leads to Operator and comply with the conditions herein. Names and contact information for potential Referred Partners (collectively “Inspirato Referrals”) will be considered eligible under the Referral Program only if: (a) you provide to Operator the Inspirato Referral’s information either by (i) telephone or email to firstname.lastname@example.org; (ii) email through www.inspiratorealestate.com/referral-program; or (iii) as otherwise permitted by Operator; (b) the Inspirato Referral enters into a written lease agreement with Operator, or any of its affiliates, within two (2) months of making such introduction whereby the Inspirato Referral, as the landlord, leases its property to Operator, or any of its affiliates, as the tenant; (c) the Inspirato Referral specifically indicates that you have referred them within one week of the Inspirato Referral’s first contact with Operator, or any of its affiliates; and (d) your jurisdiction of residence does not prohibit your receipt of Travel Credits, or a cash equivalent, in connection with the Referral Program and your receipt of the same does not otherwise violate any applicable law. An Inspirato Referral is considered valid only if all of the foregoing conditions are met (a “Valid Inspirato Referral” or “Valid Referral”). In instances where a Valid Inspirato Referral indicates that they were referred by two or more eligible participants, the distribution of applicable Referral Travel Credits between the referring participants will be made at Operator’s sole discretion. In no event will the applicable number of Travel Credits, or its cash equivalent, be increased to accommodate the presence of more than one referring participants in respect to any Valid Inspirato Referral. Specifically, and by way of example only and not limitation, you are not entitled to receive Referral Travel Credits for referring a person (i) who does not enter into a lease agreement with Operator, or any of its affiliates; (ii) who does not indicate that you referred such person in connection with entering into such lease agreement; or (iii) without being subject to, and fully complying with, these Referral Program Terms and Conditions.
4. Referral Travel Credits. Eligible participants are not eligible to receive Referral Travel Credits until they have opted-in to the Referral Program as described above. Eligible participants may receive Referral Travel Credits valued at Three Thousand Dollars ($3,000.00) per Valid Referral for any Valid Referrals and may receive Referral Travel Credits for each Valid Referral, and the number of Valid Referrals that a participant may accumulate is unlimited. Additionally, a Valid Referral will be counted towards the calendar year in which that Valid Referral is earned. All earned Referral Travel Credits will be delivered within ninety (90) days after the Inspirato Referral becomes Valid (as described above). Referral Travel Credits will not be applied automatically. You must notify your Inspirato Care Team to choose how you would like the Referral Travel Credits to be applied. To be clear, if a participant chooses the Travel Credits, as opposed to the cash equivalent, it must first be a Member. If such a Member resigns their Membership prior to application of their Travel Credits forfeits such Credits and cannot use them toward any payment due to Inspirato. Referral Travel Credits expire on the three (3) year anniversary of issuance. Expiration of Referral Travel Credits are based on date of booking (instead of date of travel), but may not be extended by virtue of using the same for travel after their expiration date (e.g., you must book a trip using Referral Travel Credits prior to their expiration, and cancellation of such trip/reservation will not result in are fund of expired Referral Travel Credits if the cancellation occurs after the corresponding expiration date). Terms and conditions of issuance and use may be changed by Operator at any time, without advanced notice, in Operator’s sole discretion.
5. Your Relationship with Operator; Taxes. By participating in the Referral Program and/or accepting these Referral Program Terms and Conditions, you acknowledge and agree that by participating in this Referral Program you are not doing so in your capacity as an employee, agent, servant, partner, legal representative or franchisee of Operator or Inspirato. For the sake of your participation in the Referral Program, your relationship with Operator is that of an independent contractor and not that of an employer and employee or principal and agent. As such, neither you nor Operator shall have a right of control over and to the other as it relates to this Referral Program. You acknowledge and agree that no joint venture or partnership arrangement or agreement is intended or created hereby, and that no franchise relationship or business opportunity, as defined under federal law (16 C.F.R. 436.2) or applicable state law, is intended to be or is created hereby. As it relates to the Referral Program, neither you nor Operator shall exert any control over any other’s method of operation or have authority to exert or give significant assistance to the other in its methods of operation. We will not offer any promotional campaigns relating to the Referral Program requiring your participation or financial contribution, nor will we train, assist, or advise you in connection with your Referred Partners. You are solely and entirely responsible for your acts and neither you nor Operator shall have the express or apparent authority to act on behalf of the other, represent itself directly or by implication as having authority to act on behalf of the other, create any obligation for, on behalf of, or in the name of, the other. You are solely responsible for the reporting and payment of all taxes, fees or similar charges imposed by any municipality, state, federal or other government authority in connection with your receipt of Referral Travel Credits (which includes Travel Credits or its cash equivalent), including, for example, payment of all income taxes, and Operator shall not be responsible for the withholding of any taxes of any kind from any Referral Travel Credits you may receive hereunder.
6. Termination; Suspension. Upon opting-in to the Referral Program, your participation in the Referral Program will continue until terminated pursuant to the terms hereof. Operator reserves the right at any time and in Operator’s sole discretion to terminate the Referral Program and these Referral Program Terms and Conditions upon prior notice by (i) posting on our website; (ii) delivery of notification to your Provided Email Address or, if a Member, to your Member Webpage; or (iii) other contact to you. You may cancel your participation in the Referral Program at any time and for any reason upon written notice to Inspirato at IREmanagement@inspirato.com; provided that your cancellation must be received and accepted by Operator which shall be conclusively evidenced by Operator’s confirmation thereof via any of the communication methods set forth in this paragraph. Should you fail to comply with these Referral Program Terms and Conditions, Operator may, at its discretion, suspend or terminate your participation in the Referral Program (including your use of any acquired Referral Travel Credits) and/or your Inspirato Membership. Any such suspension or termination right shall be in addition to all other rights of Operator hereunder or under the Inspirato Documents or applicable law in the event of your failure to comply, all of which rights are hereby reserved by Operator to the maximum extent available under applicable law.
7. Covenants, Acknowledgments, Representations and Warranties. By opting-in to the Referral Program and accepting these Referral Program Terms and Conditions, you covenant, acknowledge, represent and warrant that (a) you are at least twenty-one (21) years of age and possess the legal authority to create a binding obligation; (b) your participation in the Inspirato Referral Program is subject to these Referral Program Terms and Conditions and all applicable Inspirato Documents; (c) all Member Referral personal information which you may supply to Operator is true, accurate, current, and complete and you have the authority to refer such prospective Referred Partner; (d) you shall be responsible for any and all costs and expenses in connection with engaging in any Referred Partner as an independent contractor; (e) any and all services provided to Operator hereunder shall be in strict compliance with all applicable laws and regulations; and (f) Operator shall be the sole owner of all Referred Partner’s personal information from and after the time when such information is submitted by the Referred Partner to Operator in connection with the Referral Program or otherwise. In addition to the foregoing, by Opting-Into the Referral Program and accepting these Referral Program Terms and Conditions you expressly authorize Operator and its affiliates to reproduce and use your name, email address, photographs, videos, personal stories, testimonials, and/or likenesses in email invitations, advertising or promotional materials, including but not limited to use in online forums and social media, without additional compensation or permission and you hereby waive all claims for remuneration for such use.
8. Electronic Signature Consent and Communications.
(a) General. Operator may, in its sole discretion except as provided in this Section 8, provide all agreements, disclosures and other communications (collectively, “Communications”) to you by electronic means. These Communications may include a copy of these Referral Program Terms and Conditions, the Reservation and Use Rules, other Inspirato Documents, confirmations of reservations, member marketing communications (e.g., Jaunt, New Property announcements, reservation offers and promotions, etc.), House Rules, Additional Opportunity Rules, changes in terms or fees notices, privacy notices, and all other materials that we choose or are required to provide to you. However, if an applicable law or regulation requires that the particular Communication be provided to you in paper form, we will provide it to you electronically only after you have consented to electronic delivery of disclosures. In addition, even if you have consented to electronic delivery of disclosures, we may still provide any Communication to you in writing as we may choose in our discretion.
(b) Delivery of Electronic Communications. When we do provide Communications to you electronically, those Communications may be delivered to your Provided Email Address (as defined below) or we may post such Communications on our Website. If we post Communications on our Website, we may send a message to your Provided Email Address alerting you to the posting. We reserve the right to send any or all records to you in paper form to your current postal mailing address on file. Electronic Communications shall have the same effect as if sent to you in paper form.
(c) Paper Copies. If you become a Member, you have a right to receive a paper copy of your Member enrollment via the Enrollment Webpage and these Terms and Conditions and any other Communications if applicable law specifically requires us to provide such documentation. To request a paper copy, you must submit a tangible, non-electronic request to us at 1544 Wazee Street, Denver, Colorado 80202, Attn: Electronic Records, with the details of your request. Paper copies will be provided to you at no charge within fourteen (14) days of receipt of the written request.
(d) Your Email Address. You agree to maintain the e-mail address provided along with your Valid Referral, or if you are a Member through your Membership enrollment or any substitute therefor (collectively, your “Provided Email Address”) as a valid, active email address. If you fail to maintain a valid Provided Email Address, then any notice we send to your old email address shall be deemed sufficient notice. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to us undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.
9. Inspirato Documents. These Referral Program Terms and Conditions shall be considered an Inspirato Document as referenced in your Inspirato Membership Terms and Conditions. In the event of any conflict between these Referral Program Terms and Conditions and the Inspirato Membership Terms and Conditions, the terms of these Referral Program Terms and Conditions shall control.
10. Assignment; Amendments; Miscellaneous. All Referral Travel Credits, including Travel Credits and its cash equivalent, and your rights under the Referral Program, are personal to you and not assignable or transferable in whole or in part, without Operator’s prior written consent. Any attempt to transfer or assign your Referral Travel Credits your rights under the Referral Program without the express written consent of Operator shall render all of your Referral Travel Credits and rights under the Referral Program voidable at the option of Inspirato and may result in termination of your participation in the Referral Program and your Inspirato Membership as a breach of the terms hereof. Any waiver by Operator of any breach of these Referral Program Terms and Conditions or any other Inspirato Documents must be in writing and signed by an authorized officer of Operator. Waiver by Operator of any breach of the Referral Program Terms and Conditions or any other Inspirato Documents by you shall not operate or be construed as a waiver of any subsequent breach. You have no right to amend these Referral Program Terms and Conditions or any other Inspirato Documents. Operator reserves the right to amend and/or entirely amend and restate these Referral Program Terms and Conditions and any other Inspirato Documents at any time and in its sole discretion. Any such amendments will be effective upon the earliest of: (i) posting on our website; (ii) delivery of notification to your Provided Email Address or, if a Member, Member Webpage; (iii) renewal of your Membership after any such change; or (iv) your reservation or enjoyment of any Referral Travel Credits. These Referral Program Terms and Conditions will be effective beginning with your participation in the Referral Program or your acceptance of the same and will continue to be effective, as amended from time to time, until your participation in the Referral Program is terminated or expires or an amendment to these Referral Program Terms and Conditions becomes effective, from which point the amended Referral Program Terms and Conditions shall control. These Referral Program Terms and Conditions, the Inspirato Terms and Conditions and the other Inspirato Documents constitute the entire agreement between us and you and supersede all prior terms and conditions pertaining to the subject matter hereof.
11. Choice of Law; Arbitration. These Referral Program Terms and Conditions and all other Inspirato Documents are entered into in and shall be governed by and construed in accordance with the laws of the State of Colorado, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Referred Travel Credits, your Membership, the Referral Program, Referral Program Terms and Conditions, all Inspirato Documents or our website will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable. One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost-effective resolution of disputes. The arbitration will take place in Denver County, Colorado. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In any action to enforce these Referral Program Terms and Conditions, the Inspirato Terms and Conditions, the Reservation Rules or any other Inspirato Document, the prevailing party will be entitled to costs and attorney’s fees. In the event that any terms of these Referral Program Terms and Conditions, the Inspirato Terms and Conditions, the Reservation Rules or the other Inspirato Document are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so these Referral Program Terms and Conditions, the Inspirato Terms and Conditions, the Reservation Rules or other Inspirato Document shall otherwise remain in full force and effect.
12. Operator. The operator of Inspirato® is Best of 52, LLC, a Delaware limited liability company, and subsidiary of Inspirato LLC. Operator’s address, email address and telephone number are 1544 Wazee Street Denver, Colorado 80202, email@example.com, (303) 586-7771. Best of 52, LLC is registered with the State of Florida as a Seller of Travel - Registration No. ST38403; Washington Seller of Travel Registration No. UBI 603086598; California Seller of Travel Registration No. CST 2107465 (registration as a seller of travel in California does not constitute approval by the State of California and Operator is not a participant in the California Travel Consumer Restitution Fund). Pursuant to Haw. Rev. Stat. § 468L-1 et. seq., operator maintains a Hawaii travel agency trust account named "Best of 52, LLC Client Trust Account" at First Hawaiian Bank, 215 Papalaua Street, Lahaina, Hawaii 96761. Operator and its authorized agents, representatives, vendors, successors or assigns may perform Operator’s obligations and exercise its rights hereunder.
13. State Specific Provisions. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Operator with jurisdiction and venue as provided by Louisiana law. Montana Residents: A Montana resident may cancel his or her participation in the Referral Program and/or these Referral Program Terms and Conditions within 15 days from the date of enrollment. ©Copyright 2020 Best of 52, LLC. All rights reserved.