RV SITE RENTAL AGREEMENT

This RV Site Rental Agreement is made effective as of the booking date, by and between Birthplace of Texas RV Park, LLC referred to herein as Landlord, and tenant, herein referred to as Tenant.

Landlord rents to Tenant and Tenant rents from Landlord, for the term of this agreement, the RV site specified in the online booking and being hereafter referred to as RV Site (whether one or more), and pursuant to the following Terms and Rules:

TERMS

1. Rent: Tenant agrees to pay as specified in the online booking herein for the rent beginning on the date specified in this booking through the departure date specified in this booking. Said payment to be made without demand by credit card at the time of booking.

2. Utilities: Landlord shall pay for all water, electricity, sewer and garbage disposal.

3. Improvements and Structures: Tenant shall not construct, raise, and place any improvements or structures, temporary or otherwise, on the Property.

4. Maintenance and Redelivery of RV Site: Tenant shall keep and maintain the RV Site in a clean and sanitary condition at all times, and on the expiration or earlier termination of this tenancy shall surrender the RV Site to Landlord in as good condition as when received.

5. Assignment and Subletting: Tenant shall not sublet the RV Site or assign this Agreement.

6. Default: Any failure by Tenant to pay rent when due or to comply with any other TERM or RULE of this Agreement shall, at the option of Landlord, promptly terminate this tenancy and Tenant shall forfeit all rights under this Agreement.

7. Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas.

8. Severability: If any part, section, sentence, clause, or portion of this Agreement is found by a court to be unenforceable or void, the remainder of the Agreement that is not unenforceable or void shall remain in effect.

9. Waivers: Waiver by Landlord of any breach of any covenant or duty of Tenant under this Agreement is not a waiver of a breach of any other covenant or duty of Tenant, or of any subsequent breach of the same covenant or duty.

10. Venue: Exclusive venue is in the county in which the Property is located.

11. Texas Property Code: Landlord and Tenant each acknowledge that this Agreement is not governed by Chapter 92 of the Texas Property Code.

12. Abandoned Property: Landlord may retain, destroy, or dispose of any property left by Tenant (or Tenant’s guest or family members) on the Property after Tenant vacates the Property, at no liability to Landlord.

13. Entire Agreement: This Agreement and any exhibits, addenda, and riders are the entire agreement of the parties concerning the rental of the RV Site by Landlord to Tenant. LANDLORD HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE COMMERCIAL SUITABILITY, PHYSICAL CONDITION, LAYOUT, FOOTAGE OR OPERATION OF THE RV SITE OR ANY OTHER MATTER AFFECTING OR RELATING TO THE RV SITE AND THIS AGREEMENT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. AS AN INDUCEMENT TO LANDLORD TO ENTER INTO THIS RENTAL AGREEMENT, TENANT EXPRESSLY ACKNOWLEDGES AND WARRANTS THAT NO SUCH REPRESENTATIONS HAVE BEEN MADE AND TENANT IS NOT RELYING ON ANY REPRESENTATIONS NOT CONTAINED IN THIS RENTAL AGREEMENT AND ANY EXHIBITS, ADDENDA, AND RIDERS.

14. Amendment of Agreement: Landlord may amend this Agreement by providing a copy of the amended agreement to the Tenant. Tenant will have agreed to the amendment by paying rent after receipt of the amended agreement, or remaining on the Property after the expiration of the then paid for rental time-period. However, any change to rental amounts can only become effective after 30 days’ notice.

15. RELEASE: TENANT HEREBY RELEASES LANDLORD AND ITS AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM ALL CLAIMS, SUITS ACTIONS, OR LIABILITIES FOR PERSONAL INJURY, LOSS, OR PROPERTY DAMAGE INCURRED ON THE PROPERTY, INCLUDING DEATH, ARISING FROM OR RELATED TO TENANT’S USE OF THE RV SITE OR PROPERTY, OR INCURRED ON THE PROPERTY, REGARDLESS OF WHETHER CAUSED BY ACCIDENT, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LANDLORD, TENANT, OR ANY THIRD PARTY. TENANT HEREBY BINDS TENANTS’ AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, OFFICERS, DIRECTORS, MEMBERS AND SUCCESSORS IN INTEREST FOR ANY CAUSES OF ACTION OR CLAIMS THEY MAY ASSERT BY, THROUGH, OR UNDER TENANT. IT IS INTENDED FOR THIS RELEASE TO BE AS BROAD AS POSSIBLE AS TO TENANT AND TO INCLUDE, BUT NOT BE LIMITED TO, ALL KNOWN OR UNKNOWN CLAIMS OF ANY KIND. THIS RELEASE SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY CLAIMS ARISING FROM OR RELATED TO ACCIDENT, THEFT, FIRE, WIND, FALLING TREES OR TREE LIMBS, FLOOD, PERSONAL NEGLIGENCE, ANIMALS, AND ACTS OF GOD.

16. INDEMNIFICATION: TENANT AGREES TO INDEMNIFY AND HOLD HARMLESS LANDLORD FROM ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, OR ANY LIEN AND CAUSES OF ACTION OF WHATEVER NATURE OR CHARACTER ARISING FROM OR RELATING TO THE TENANT’S (OR ANY GUEST OR FAMILY MEMBER OF THE TENANT) USE OF THE RV SITE OR THE PROPERTY, IT IS INTENDED THAT THIS INDEMNIFICATION BE AS BROAD AS POSSIBLE, AND TO INCLUDE, BUT NOT BE LIMITED TO, ANY CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, OR CAUSE OF ACTION ASSERTED BY:

16.1 ANY OTHER PERSON RENTING AN RV SITE ON THE PROPERTY;

16.2 ANY THIRD PARTY INVITED TO THE PROPERTY BY LANDLORD, TENANT,

AND ANY OTHER PERSON RENTING AN RV SITE ON THE PROPERTY, OR ANY

OTHER PERSON; AND

16.3 ANY FAMILY MEMBER OF TENANT.

17. WARRANTY/FURTHER INDEMNIFICATION: TENANT IS FINANCIALLY RESPONSIBLE FOR ALL INDIVIDUALS, EQUIPMENT, PERSONAL BELONGINGS, ANIMALS, AND MISCELLANEOUS ITEMS TENANT BRINGS OR INVITES TO THE PROPERTY AND FOR ANY DAMAGE CAUSED TO THE PROPERTY OR RV SITE BY TENANT OR ANY GUEST OR PET/ANIMAL OF TENANT. TENANT IS RESPONSIBLE FOR ALL GUESTS OF TENANT (INCLUDING FAMILY MEMBERS) AND WARRANTS THAT THEY WILL ABIDE BY ANY AND ALL RULES IN THIS AGREEMENT. TENANT WILL BE SOLELY RESPONSIBLE FOR AND PAY THE COSTS ASSOCIATED WITH ANY DAMAGE, ACCIDENT, OR INJURY CAUSED BY TENANT’S GUESTS OR PETS/ANIMALS, WHETHER SUSTAINED BY THE GUEST, OTHER PERSONS, OR THE PROPERTY.

18. LIMITATION OF WARRANTIES: THERE ARE NO IMPLIED WARRANTIES BY LANDLORD, INCLUDING IMPLIED WARRANTIES OF SUITABILITY, MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS AGREEMENT, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS AGREEMENT.

RULES

Tenant agrees to abide by the following rules, and ensure all Tenant’s guests and family members abide by the following rules:

1. Quiet Time: Quiet time is from 10 P.M. to 7 A.M. Please be considerate of others. Tenants may not play unreasonably loud music at any time of the day or night.

2. Speed Limit: Please observe a speed limit of no more than 5 mph.

3. Sewer: A positive sewer seal at both ends of sewer hose is required. Texas law requires that a sewer hose must be fastened using a connector or a rubber donut.

4. Children: Children must always be supervised by a parent or guardian. Landlord is NOT responsible for children’s safety or welfare. The parent or guardian is.

5. Pets: NO AGGRESSIVE DOGS, PETS, OR ANIMALS ARE ALLOWED ON THE PROPERTY. Landlord shall have complete, unrestricted discretion in deciding whether an animal should be removed from the Property, but has no duty to. Notwithstanding the same, Tenant DOES have a duty to not bring any aggressive or dangerous animals to the Property, and Tenant shall be liable for any damages or injury caused by any animal that Tenant, or any family member or guest of Tenant, brings to the Property. When outside, all dogs, pets or animals must be on a leash and under control by a handler at all times.

6. Cleanliness: The dumpster located on the Property is for personal trash only. All garbage must be bagged, tied, and boxes broken down. DO NOT leave trash outside by your RV. It is the responsibility of the Tenant to put their trash in the dumpster provided on the Property. Cleanliness of the park is important to us. Sites are to be kept clean and orderly, as determined by Landlord. Keeping your RV clean and in good repair is required.

7. Fireworks: No fireworks are allowed.

8. Firearms: No firearms may be displayed.

9. Miscellaneous: No clothes lines are allowed. No electric space heaters or pigtails are allowed. Landlord is not responsible for damage to any electrical component on RVs.

10. Conduct: Disorderly conduct, drunkenness, illegal drugs, obscene language, obnoxious, disruptive or vulgar behavior will not be tolerated. They will be the reason for immediate eviction without refund.

11. Drugs: Illegal drugs of any form are prohibited on the Property. Persons in violation of this rule are subject to immediate eviction without refund. Tenants knowing of any illegal activity are encouraged to notify Landlord immediately. Any information reported will be strictly confidential.

By booking a reservation on this website Tenant is agreeing to all of the Terms and Rules contained herein as if Tenant had signed this agreement with their signature in ink.

Cancellation Policy

Birthplace of Texas RV Park, Brenham, Texas