Site Service Agreement
Please note: this Agreement is not effective until Haralson Village LLC Has also signed the Agreement and returned the fully executed version to the user.
(“The Initial Term”). Unless terminated by either party, after the expiration of the Initial Term, this Agreement shall automatically continue a (check applicable box):
6. Rules and Regulations. User and their guests, Invitees and all occupants shall comply with the written rules and regulations provided to User (a copy of which are attached here as “Haralson Village Rules” and incorporated herein for all intents and purposes). User agrees to comply with all state and federal laws, rules, ordinances and regulations applicable to the Property.
7. Campground’s Right to Terminate Agreement. Campground may terminate this Agreement for any reason or no reason by providing User a notice to vacate the RV Park. Site (Agreement Termination Notice”) User agrees to render peaceful possession of the RV Site to Campground within three (3) days of the date provided on the Agreement Termination Notice. The three (3) day notice shall not be required if termination is the result of an Act of Default (as defined below). Upon Users peaceful surrender of the RV Site to Campground and subject to the provisions of paragraph 4 of this Agreement. Campground will refund to User the proportionate amount of any unused amounts previously paid by User.
8. Early Termination by User. Campground may recover as damages by Users early termination of the Agreement an amount equal to the amount that remains outstanding for the terms of the Agreement.
9.Default by User. The following acts constitute defaults by User (“Acts of Default”)
- Failure to timely pay the RV Site use rate, outlined in paragraph 4, above, or other lawful charges when due under this Agreement.
- Giving false information on an application to Campground.
- User, User’s guest and/or occupants fail to comply with this Agreement, such as violating provisions of this Agreement of committing serious misconduct or criminal acts.
- Remaining on the property after giving notice of termination and intent to vacate; or remaining on the property after Campground gave notice of termination at the end of the term or an agreement termination notice, outlined in paragraph 9 above.
10.Conditions of RV Site. By executing this Agreement, User acknowledges and agrees that the RV Site is in good condition and is adequate for Users use. Upon termination or expiration of this Agreement, User agrees to surrender to RV Site to Campground in a similar, good condition. If User fails to leave the RV Site in good condition, Campground will access reasonable charges to User for returning Campground to good condition neat and clean and adequate for User’s use. Upon termination or expiration of this Agreement, User agrees to surrender the RV Site to Campground in a neat and clean condition.
11. Assignment. User shall not have the right to assign or sublet the RV Site hereunder to any person or persons.
12. Attorney’s Fees. In the event any legal proceedings of any kind are institute to collect unpaid rates as outlined in Paragraph 4, above, Campground may collect from User all reasonable costs and attorneys’ fees incurred by Campground in pursuing such action.
13. Waiver. Campgrounds’ failure to insist on strict compliance with the terms of condition of this Agreement shall not be deemed or waiver of that term or condition, nor shall any waiver or relinquishment of the right or power for all or any other times.
14. Governing Law. This Agreement is governed and construed in accordance with the laws of the State of Texas.
15. Notices. All written notices and communications regarding this Agreement, including notices sent pursuant to TEX.Penal Code 31.04, should be sent to designated and undersigned person at the address as set forth below unless notified in writing to the contrary by the receiving part. This notice shall become effective as of the date of mailing by certified mail.
16. Credit Card on File. User will provide Campground with information for a valid credit card to keep on file the credit card information will be used by Campground in the event the Campground must charge a User for cleaning or repairing the RV Site, as outlined in paragraph 11 above, or if User vacates the RV Site without paying Campground the total amount due under this agreement. If Campground uses the credit card information for the reasons described above, Campground will provide User a statement of account listing the charges at the address noted below.
17. Pets. If Campground allows User to have pets on the property, User is responsible for the pets’ behavior, waste, and noise level. User agrees to clean up after his or her pet and to be considerate of other RV park guests. User is liable for any damage or injury caused by his or her pet. No pet pins are allowed.
18. Severability. If any provisions of this Agreement are held illegal, void, or unenforceable in the judicial proceeding, such provision shall be severed and shall be inoperative, and the remainer of this agreement shall remain operative and binding on all parties
19. NO LIABILITY. TO THE EXTENT PROVIDED BY LAW, USER HEREABY INDEMNIFIES, RELASED AND AGREES TO PROTECT AND HOLD HARMLESS CAMPGROUND, ITS OFFICERS, OWNERS, EMPLOYEES AND AGENTS (THE “CAMPGROUND” PARTIES) FROM AND AGAINST ALL CLAIMS OF ACTION, AND/OR LIABILITY ARISING OUT OF OR RELATED TO USER’S USE OF THE RV SITE, CAMPGROUND PROPERTY, AND/OR ANY CONDITION THEREON, WITHOUT LIMIT AND WITHOUT REGUARD TO THE CAUSE OR CAUSES THEREOF OR THE GROSS NEGLIGENCE OF CAMPGROUND PARTIES.
20. This Agreement provides User with revocable license to the property, which may be revoked at any time for any reason.
21. This Agreement becomes effective only when Campground has signed the Agreement and returns it to User.
Evacuations, notwithstanding anything herein to the contrary, Campground hereby reserves the right to require User to evacuate the RV Site and /or campground’s property in the event of an emergency or catastrophe, as determined by Campground, or as Campground otherwise determines is necessary for the protection and /or safety of User and /or any other person(s). When notified of any such evacuation immediately evacuate from the RV Site and/or Campground’s property. As required by Campground, and remain a safe distance from the affected area until Campground notifies User that no further hazards are present, and the User is permitted to return.
CAMPGROUND SHALL NOT BE LIABLE TO USER FOR ANY COSTS OR EXPENSES SUSTAINED OR INCURRED BY USER IN THE EXERCISE BY CAMPGROUND OR ITS RIGHT IN THE PARAGRAPH AND USER HEREBY WAIVES ANY AND ALL CLAIMS AT/OR CAUSES OF ACTION AGAINST CAMPGROUND FOR DAMAGES BY REASON OF INTERRUPTION OF USERS USE OF THE RV SITE BECAUSE OF THE EXERCISE BY CAMPGROUND OF ITS RIGHTS IN THIS PARAGRAPH. FURTHER MORE, USER HEREBY EXPRESSLY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ANY FAILURE BY USER TO COMPLY WITH ANY SUCH REQUIREMENT OF CAMPGROUND , WAIVES ANY AND A CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR DEATH PERSONAL INSURY AND/OR PROPERTY DAMAGE) THAT USER HAS OR MAY HAVE AGAINST ANY OF THE CAMPGROUND PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION AND/OR LIABILITIES, ARISING OUT OF OR IN CONNECTION WITH THE FAILURE OR USER OR ANY OF ITS GUESTS, INVITEES OR OCCUPANTS TO COMPLY WITH THE PROVISIONS OF PARAGRAPH. The provisions of this paragraph shall be binding on User and all of User’s heirs, legal representatives’ successors and permitted assigns.
THEFT OF SERVICE AND CRIMINAL TRESSPASS
ACCORDING TO TEXAS PENAL CODE SECTION 31:04, a person commits theft of service if, with intent to avoid payment for service the actor knows is provided only for compensation, the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. “Intent to avoid payment” is presumed if the actor absconded without paying for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in recreational vehicle parks. That is, any guest who leaves without paying for site services or who refuse to pay for site services when due may be subject to criminal prosecution. We will prosecute any violation under the “THEFT OF SERVICE LAW”.
THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP
ACCORDING TO TEXAS PENAL CODE SECTION 30.05, A person commits an offense if the person enters or remains on or in property of another, including a recreational vehicle park, without effective consent and the person had notice that the entry was forbidden, or received notice to depart but failed to do so. That is, any guest who receives notice to leave and refuses to do so may be subject to criminal prosecution. If we ask you to leave, you must vacate Campground’ property. We will prosecute any violations under the “CRIMINAL TRESPASS LAW”
Parents are responsible for their children at all times. Management and owners assume no responsibility for injury, accident or losses for any cause. Management is not responsible for loss of personal property or for accidents of any nature. Owners reserve the right to limit the stay and number of persons per site. Thank You for observing these rules. we hope your stay will be enjoyable and you will visit us again soon.
FAILURE TO COMPLY WITH ANY OF THESE RULES WILL RESERVE THE TERMINATION OF THE SITE SERVICES AGREEMENT AND RQUIRE YOU TO LEAVE THE PARK IMMEDIATELY.
