Terms of Service for Homes & Zones Referral Membership Enrollment
Last updated: October 7th, 2024
Homes & Zones: Sell it for Top Dollar Home Seller Participation
AGREEMENT BETWEEN HOMES & ZONES AND HOME SELLER
By agreeing to participate in Homes & Zones: Sell for Top Dollar (“the Show”), or by engaging with any related services provided in connection with the Show (collectively, the “Services”), you acknowledge and agree that you have entered into a legally binding agreement with Homes & Zones, 825 Church Street, Suite 1901, Toronto, ON, M4W 3Z4 (“we,” “us,” “our,” and “Homes & Zones”). This agreement consists of these Terms of Participation and Privacy Policy, all of which are hereby incorporated by reference (collectively referred to as the “Agreement”).
This Agreement (“Agreement”) is entered into by and between Homes & Zones ("H&Z"), a company promoting real estate marketing, contractors and sponsorship services, and a Home Seller ("Home Seller").
The parties agree as follows:
1. Purpose
The purpose of this Agreement is to help the Home Seller receive top dollar for their property by potentially accepting it for consideration on the Homes & Zones: Sell for Top Dollar TV show (“Show”). This partnership also provides an opportunity for members of the Homes & Zones business community, including contractors and real estate agents, to promote their services while assisting in the sale of the Property.
2. Assessment and Market-Readiness
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Homes & Zones (H&Z) will assign a qualified real estate agent from the H&Z community to assess the property’s current market value and identify any necessary repairs or improvements to make it market-ready.
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H&Z will provide the home seller with a guaranteed 30-day purchase price. This is the price H&Z or its purchasing partner commits to paying if the property does not sell within 30 days. The home seller has no obligation to accept the Guaranteed purchase price.
3. Listing and Sale Process
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The home seller is under no obligation to proceed. However, if they choose to move forward, they may list the property at any price they deem suitable to attract top bidders.
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The home seller agrees to list the property with a real estate agent who is a member of the H&Z community (“Agent”). The agent’s commission will be negotiated directly between the home seller and the agent.
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The home seller also agrees to collaborate with the agent to ensure all reasonable efforts are made to sell the property during the 30-day listing period.
4. H&Z Purchase Obligation
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If the property remains unsold after 30 days without receiving an arm's length offer above the guaranteed purchase price, and this is not due to any fault of the home seller, the seller may notify H&Z of their intent to sell the property to H&Z or its purchasing partner at the guaranteed price. This option remains valid until the end of the listing agreement between the agent and the home seller.
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It is understood that H&Z’s primary goal is for the property to sell within 30 days, as purchasing it would indicate a failure to sell, potentially impacting the show’s production and promotion.
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In the event H&Z is required to purchase the property, closing will occur within 15 days from the date the Home Seller exercises their option to compel H&Z to purchase their property, or at a time preferred by the Home Seller, up to a maximum of 6 months.
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5. Consent for Communication
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The home seller gives H&Z consent to provide their contact information to members of the Homes & Zones community, including contractors and real estate agents, for the purpose of necessary preparations to optimize the property’s market readiness and appeal. Furthermore, the home seller acknowledges and agrees that H&Z, as well as its sponsors and members of the H&Z community, may contact them using any method of communication deemed necessary. This includes, but is not limited to, email, text messages, phone calls, and any other form of communication that may be required to facilitate the services provided under this Agreement. The home seller understands that these communications may pertain to scheduling, updates, offers, or other relevant information regarding the sale of their property.
6. Post-Sale Obligations and Show Production
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If the home sells above the guaranteed price, the home seller may be selected to participate in a 2 day re-enactment of key moments from the selling process for the show’s pilot episode.
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If chosen, the home seller will receive a $10,000 payment for their story rights.
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The home seller understands that participation in these re-enactments does not guarantee that any footage will be used or aired.
7. Confidentiality
The Home Seller agrees to maintain the confidentiality of all proprietary information shared by H&Z, including marketing strategies, and any information related to the production of the pilot episode. This obligation shall survive the termination of this Agreement.
8. Mutual Non-Disparagement
Both the Home Seller and Homes & Zones agree not to make any disparaging or negative statements about each other, including any of Homes & Zones’ sponsors, or the Homes & Zones: Sell for Top Dollar program.
9. Thank You Letter and Media Release
In the event the Property is successfully sold above the guaranteed price, the Home Seller agrees to provide H&Z with a thank you letter expressing their appreciation for the services rendered. The Home Seller grants H&Z permission to use the thank you letter, in whole or in part, for promotional purposes on its website, social media, and other marketing materials.
10. Arbitration
Any disputes arising from or related to this Agreement shall be settled through binding arbitration under the rules of the ADR Institute of Ontario. Both parties agree that arbitration shall be the exclusive method of resolving disputes, and the decision of the arbitrator shall be final and binding.
11. General Provisions
Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.
12. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
13. Modification:
No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.
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If you have any questions about this Agreement, please contact us by email: tvshow@homesandzones.com