Agent Agreement

AGENT AGREEMENT FOR OFF SEASON ADVENTURES, LLC

This Agent Agreement is designed to establish the Terms and Conditions of a cooperative partnership between our travel agents selling the products and services of Off Season Adventures and their affiliates, hereby referred to as the AGENT, and Off Season Adventures, LLC, hereby referred to as “OSA. This agreement is made on the date of the completion of the agent application on https://offseasonadventures.com and is valid for one (1) year and continue automatically renewable annually, unless changes to this agreement occur from OSA or are negotiated specifically through the AGENT and OSA. Any changes, alterations, or negotiations to this agreement will be through a separate agreement in writing. By signing this agreement, OSA is appointing the AGENT as an authorized seller of Off Season Adventures’ tours in exchange for commission payments.

Commissions

Off Season Adventures agrees to pay the AGENT 15% commissions per booking and is paid on the retail tour prices printed in OSA’s brochures or published online within its website. Commissions earned are payable on all tour revenues collected including cancelled bookings where full payments, partial payment, or just deposits have been collected in accordance with OSA’s standard Terms & Conditions.

Customer add-ons (such as pre & post tour accommodations, optional activities, travel insurance, flights, and so forth) are not commissionable unless these are part of an all-inclusive tour or booked directly through the AGENT. Discounted and promotional trip give-a-ways are commissionable, but will be discounted from the 15% commissions.

Commissions are typically paid by the 5th day of the month following the tour’s departure except in cases where alternative payment schedules are established.

Overrides & Added Commissions

Based on the number of bookings/referrals made within the term of this agreement, Off Season Adventures will offer the following incentives:

  • A bonus of $500 for reaching 5 bookings/referrals and/or $ 25,000 in revenue.
  • A bonus of $1500 for reaching 10 bookings/referrals and/or $50,000 in revenue.

Brochures & Marketing Materials

OSA agrees to supply digital brochures, photos, videos, and other promotional materials  to the AGENT at no cost.

Approved Use of Off Season Adventures Branding

Off Season Adventures is willing to provide or assist the AGENT in developing materials that will effectively increase brand and product awareness so long as these materials do not conflict with or jeopardize OSA’s reputation, policies, and mission and vision statements.

All website and marketing material designs, text, graphics, software, and other content, and the selection and arrangement thereof, are the property of OSA and its licensors. They are protected by United States and international copyright law and all rights are reserved to Off Season Adventures, LLC. Any reproduction, modification, distribution, or derivatives of these materials without the prior written permission of OSA is strictly prohibited.

Reservations & Payment Procedures

Reservations and payments will occur through our website at https://offseasonadventures.com. Each booking will have a unique reservation code which the AGENT and clients will use for identification purposes and applying payments. Initial deposits will be taken online at the OSA website. All bookings will be subject to the “Terms and Conditions” found on the OSA website here.

Cancellation Conditions

Please refer to the “Terms and Conditions” found on the OSA website here.

Termination of Contract

The initial terms of this contract shall be one (1) year and may be automatically renewable yearly with the understanding that performance is an inherent part of this agreement.

In this regard, “performance” is understood to mean that:

  • Off Season Adventures continues to operate tours that maintain at least the current standards and continues to address complaints in a fair, reasonable, and timely manner.
  • Off Season Adventures continues to meet their obligations as outlined in this agreement.
  • The AGENT continues to promote and sell Off Season Adventures’ tours with integrity and professionalism.
  • The AGENT continues to meet their obligations as outlined in this agreement.

In the event that one party fails to perform to these expectations, the other party may give notice to adjust or terminate this agreement with at least 30-days’ notice in writing. Both the AGENT and OSA are liable for making current all outstanding payments before the effective date of termination. Failure to give notice of termination within the 30-day period shall be deemed to constitute automatic renewal of the agreement for an additional year.

Agent Responsibilities

The AGENT is responsible for obtaining and securing any and all licenses, permits, and tax requirements which are necessary for maintaining this agreement.

The AGENT agrees to hold OSA harmless and to fully indemnify OSA, its ownership, employees, and other invested partners from any and all claims which may be asserted or made against the AGENT for any activity that misrepresents OSA’s programs and services. The AGENT further agrees to assume the defense of OSA in any legal actions that may be commenced against OSA that in any way are connected with or arise out of this partnership during the term of this agreement.

The AGENT agrees to return to OSA, at the termination of this lease, any and all marketing supplies, system passcodes, or any other privileged materials that were used in maintaining this agreement.

Dispute Resolution

I agree that New Jersey substantive law (without regard to its “conflict of laws” rules) exclusively governs this Document, any dispute I have with Off Season Adventures, LLC, and all other aspects of my relationship with Off Season Adventures, LLC, contractual or otherwise.

I agree that any dispute concerning, relating, or referring to this agreement, the tour itself or any claim for damages due to injury or death which occurs during or in connection with the tour, shall be resolved exclusively by binding mediation. The binding mediation shall take place in Hudson, New Jersey and parties agree to resolution by binding mediation which shall apply to all disputes. The mediator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If the mediator finds any portion of this Document to be invalid, all other portions of this Document will remain in full force and effect and binding upon the parties. Moreover, before filing a lawsuit, I agree to first attempt to settle any dispute (not settled by discussion) through mediation in Hudson, New Jersey.