Last updated: October 7th, 2024

Home Seller Participation

AGREEMENT BETWEEN MERTON PARK AND HOME SELLER
By agreeing to participate in Home Selling Heroes (“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 Merton Park Film Studios, 1055 W Georgia Street, Vancouver, BC V6E 4N7 (“we,” “us,” “our,” and “Merton”). 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”). You further acknowledge and agree that by applying for consideration, you accept these terms as the sole and exclusive terms governing your participation and engagement, and that no other terms, conditions, or negotiations will be considered or apply. If you do not agree to these terms, do not apply for consideration.

This Agreement (“Agreement”) is entered into by and between Merton Park ("Merton"), a company producing and promoting real estate content, subject matter 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 Home Selling Heroes TV show (“Show”). This production also provides an opportunity for members of the sponsor business community, including contractors, real estate investors and real estate agents, to promote their services while assisting in the sale of the Property.
 

2. Assessment and Market-Readiness

• Merton will assign a qualified real estate agent from its sponsor community to assess the property’s current market value and identify any necessary repairs or improvements to make it market-ready.

• Merton will provide the home seller with a guaranteed purchase price. This is the price Merton or its purchasing partner commits to paying if the property does not sell. The home seller has no obligation to accept the Guaranteed purchase price.
   

3. Listing and Sale Process

• 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.

• The home seller agrees to list the property with a real estate agent who is a member of Merton's sponsorship community (“Agent”). The agent’s commission will be negotiated directly between the home seller and the agent.

• 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. Merton Purchase Obligation

• If the property remains unsold by the end of the seller's listing agreement 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 Merton of their intent to sell the property to Merton 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.

• It is understood that Merton’s primary goal is for the property to sell to a third-party purchaser, as purchasing it would indicate a failure to sell, potentially impacting the show’s production and promotion.

• In the event Merton is required to purchase the property, closing will occur within 15 days from the date the Home Seller exercises their option to compel Merton to purchase their property, or at a time agreed to by all parties, up to a maximum of 3 months.

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5. Consent for Communication

• The home seller gives Merton consent to provide their contact information to members of their sponsor community, including contractors and real estate agents, etc., for the purpose of necessary preparations to optimize the property’s market readiness and appeal. Furthermore, the home seller acknowledges and agrees that Merton, as well as its sponsors and members of the sponsor 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

• If the home sells, 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.

• If chosen, the home seller will receive a $10,000 payment for their story rights.

• To be considered, the home seller agrees to submit a comprehensive essay detailing their home-selling journey. The home seller understands that if selected, their participation in 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 Merton, 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 Merton agree not to make any disparaging or negative statements about each other, including any of Mertons’ sponsors, or the Home Selling Heroes 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 Merton with a thank you letter expressing their appreciation for the services rendered. The Home Seller grants Merton 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 or BC. 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@mertontv.ca