Vision Statement

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Vacations are a crucial part of our modern lives and deserve to be planned, experienced and remembered with deep satisfaction and joyful memories.

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Timeshare vacations open up the possibility of vacationing in higher quality resorts and accommodations matched with priority access to owners. Points-based timeshare vacations allow for flexibility in terms of location, time of the year and size of accommodations. The high cost of buying-in a points timeshare only makes sense when members obtain an ownership interest in all resort properties and when timeshare owner reservations have, among other advantages, priority of booking over reservations by members of the public. The reservation system rules must reflect that priority.

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We envision a fair, sustainable, transparent and member-controlled Embarc Club ownership. This vision does not currently reflect the reality of Embarc Club. Until such time as our Vision is realized, Embarc owners will mobilize to promote change and progress towards the realization of this Vision.

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On our journey to genuine member-controlled Embarc Club, Embarc members will become aware, educated and empowered to individually and collectively develop critical opinions and priorities on what is best for Embarc members.

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Our Vision is one in which the following parties all win on a continued basis throughout the life of all timeshare ownerships:

• The Member (or “owner”) is the person who purchased an exclusive timeshare ownership to enjoy vacations. The Club exists for the members. The Club ensures best value for predictable maintenance fees. Members are ensured the enjoyment of their timeshare vacations and enjoy sustainable value of their membership;

• The Embarc Club (or “the Club” - formerly “Club Intrawest”), a not-for-profit non-stock corporation formally registered in Delaware under the name “Embarc Members Association”, which is referred to by DRI representatives as a “Members Association” and as an entity controlled by members and acting in the interests of members; [1]

• The Emwest Owners Association a not-for-profit association created and controlled by Embarc members joining the association which genuinely has the long term interest of members first and foremost in mind when interacting with Embarc Club, the Developer, Declarant and Manager with a view to realize this Vision;

• The Manager is contracted by the Embarc Club to maintain and operate the resort properties and the reservation system for the benefit of members. Different managers may be hired to operate the properties and to operate the reservation system; [2]

• The Developer builds quality timeshare accommodations under contract from Embarc Club and, in exchange of transferring the ownership rights to such properties in trust for the benefit of Embarc Club, ensures the Declarant receives “points” that can be sold to new and existing members, thus recouping the initial investment, marketing costs and profit; and

• The Declarant holds the unsold Developer points. The Declarant is a member of the Club with special privileges to safeguard the initial investment of the Developer. The Declarant and Developer initially may reflect the same corporate interests. Once the number of points owned by the Declarant falls below a predetermined threshold for each development project, the special privileges of the Declarant lapse. [3]

 

Balanced rights and privileges for all parties involved will ensure overall fairness for members in the operations of their Club, commensurate with their initial capital investment.

 

If Embarc timeshare stakeholders cannot come to an agreement in realizing this Vision in a timely manner, members reserve the right to realize some or all Vision elements through a combination of legal action and consumer protection government lobbying.

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NOTES:

[1]: DRI was formerly referring to Embarc Club as a “Home Owners Association” (HOA). Currently, three of the five Embarc directors are DRI employees and only one director is truly independent. By any standards of modern Board governance, the Board of Directors cannot be considered independent and thus cannot be fully aligned with the interests of Embarc members. [2]: The current manager is Diamond IW Holding (a Delaware company), a subsidiary of Diamond Resorts International (“DRI”). [3]: The Declarant is currently Diamond Resorts Canada Ltd (a BC company), a subsidiary of Diamond Resorts International (“DRI”).

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Mission Statement

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The Emwest Owners Association (“the Association”) will pursue overall fairness in Club operations, ownership sustainable value and member control of Embarc Club.

 

The Association will accomplish this mission by:

• Raising awareness and promoting education of potential, new and existing Embarc members, the media, public servants and elected officials, offering unbiased and objective information;

• Maximize its legitimacy by recruiting, retaining and acting on behalf of a maximum number of Embarc members;

• Provide a forum for the selling, transfer and buying of Embarc points on the secondary market;

• Build strong advocacy and representation, including legal representation, for Embarc members; and

• Lobby governments for better consumer protection in relation to the timeshare industry.

 

Values Statement

 

We believe that fairness should be the most fundamental value underpinning the Embarc timeshare ecosystem. We believe this fairness can be achieved with significantly updated Club instruments and all related contracts, rights, privileges and obligations to ensure Embarc members have real control over capital and operational expenditures and over the future direction of their Club.

 

• We believe that transparency is crucial in promoting trust in the fairness of Embarc Club operations, maintenance and development. This transparency includes audits of Club finances, the reservation system operations and the management of Embarc points. [1] Transparency also implies Embarc Club should disclose meaningful minutes and record of decisions of the Embarc Club Board of Directors. Finally, transparency also means that all directives in relation to Embarc Club given to Embarc directors be disclosed in writing to the entire membership of Embarc Club.

 

• We believe that fairness and transparency will promote a truly knowledgeable membership. A business model that cannot survive truly knowledgeable prospects and members is unethical. [2] We believe all parties in the current Embarc timeshare ecosystem are willing to explore how an ethical business model could remain advantageous for all parties involved even if members are knowledgeable and effectively control and direct Embarc Club.

 

• We recognize the important role of a Developer as an entity under the control of our Club who can add further resorts and accommodations to Embarc Club in exchange of points to be sold at profit. We seek a mutually profitable and respectful business relationship with a Developer.

 

• We recognize the important role of a Manager as the custodian of Embarc properties, the operator of the reservation system and the day-to-day administrator of Embarc Clubs. [3] The Manager is entitled to operate at profit. We seek a mutually profitable and respectful business relationship with a Manager.

 

• We recognize the importance of the roles of Developer and Manager. We, the owners, expect respect and recognition of our ability to genuinely self-govern our Club, including the selection of a Developer and Manager, through a board of directors solely comprised of individual members. We value and strive for the establishment of non adversarial and respectful relationships between members, Developer(s), Declarant(s) and Manager.

 

• We value, above all, the long term, sustainable interests of Embarc members, including the value of our capital investments.

 

NOTES:

[1]: The audits need to be performed by an accounting firm chosen by members and excluding the Declarant and Manager. [2]: Realizing this Vision may include lobbying governments to enact timeshare industry consumer protection laws and rules. Governments need to step in and provide minimal timeshare consumer protection laws because the timeshare industry has created a very highly sophisticated ecosystem in which even savvy and educated buyers have been and continue to be misled about the nature of their timeshare purchase and end up being locked in paying yearly maintenance fees over which they have no control and the initial so-called equity investment being worth a fraction of this initial cost, if anything. When appropriate, the Association will also seek alliances with other consumer protection and timeshare members groups in the pursuit of government lobbying efforts. [3]: The Manager may elect to subcontract the operation of the reservation system.

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