Terms of Service
You the "user", agree to the following,
1. This is a site service agreement (“Agreement”) between SPAT AP LLC /dba/ SPAT MANAGEMENT I (“Campground”) and _____ (“User”).
2. RV Site. Campground hereby provides services on Lot No. (“RV Site”) of Campground’s property. The Campground has the right upon twenty-four (24) hours’ notice to relocate the User to a substantially equivalent Lot on Campground’s property.
3. Term. The term of this Agreement shall commence on the date written below (“Effective Date”) and end on: ____DATE SPECIFIED IN CAMPSPOT BOOKING___________ (the “Initial Term”). Unless terminated by either party, after the expiration of the Initial Term, this Agreement shall automatically continue on a (check applicable box): daily basis unless otherwise agreed to and payment is submitted.
4. Park Rates and Other Charges. User shall pay Campground for use of the RV site: Weekly: $TBD Daily: $TBD Extended Stay: $TBD This rate shall be paid in advance and without demand beginning on the Effective Date of this Agreement and thereafter: per week or per day or extended stay. Whichever is determined by the Park Manager and the Guest and invoiced and paid for. All payments are due and to be made payable to Campground at the address provided below. The rate for use of the RV Site may be increased by giving advance notice to User. If, on the day after the due date, User has not paid the total amount due under the terms of this Agreement, User will pay Campground interest on the outstanding amount at an annual interest rate of 18%. Campground will not accept partial payments.
5.THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP.
6. Rules and Regulations. User and their guests, invitees, and all occupants shall comply with the written rules and regulations provided to User. User agrees to comply with all state and federal laws, rules, ordinances, and regulations applicable to Campground’s property.
7. Campground’s Right to Terminate Agreement. Campground may terminate this Agreement for any or no reason by providing User a notice for User to leave the RV 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) days’ notice shall not be required if termination is the result of an Act of Default (as defined below). Upon User’s peaceful surrender of the RV Site to Campground, Campground will refund to User the proportionate amount of any unused amounts previously paid by User to Campground.
8. Early Termination by User. Campground may recover as damages for User’s early termination of this Agreement an amount equal to the amount that remains outstanding for the term of this Agreement.
- All cancellations will incur a 30% cancellation fee at any given time. NO EXCEPTION.
- Any guest who checks in and terminates early will NOT receive a refund. NO EXCEPTION.
9. Default by User. The following acts constitute defaults by the User (“Acts of Default”):
a. Failing to timely pay the RV Site use rate, outlined in Paragraph 4, above, or other lawful charges when due under this Agreement; b. Giving false information to Campground; c. User, User’s guests and/or occupants failing to comply with this Agreement, such as violating provisions of this Agreement or committing serious misconduct or criminal acts; d. Remaining on the Property after giving notice of termination and intent to vacate; and/or e. Remaining on the Property after Campground gave notice of termination at the end of the term or an Agreement Termination Notice, outlined in Paragraph 7, above.
10. Condition of RV Site. By executing this Agreement, User acknowledges and agrees that the RV Site is in good condition and is adequate for User’s use. Upon termination or expiration of this Agreement, User agrees to surrender the RV Site to Campground in a similar, good condition. If User fails to leave the RV Site in good condition, Campground will assess reasonable charges to User for returning the RV Site to good condition.
11. Assignment. User shall not have the right to assign or sublet the RV Site hereunder to any person or persons.
12. Attorneys’ Fees. In the event any legal proceedings of any kind are instituted to collect unpaid rates, as outlined in Paragraph 4, above, or electrical charges, Campground may collect from User all reasonable costs and attorneys’ fees incurred by Campground in pursuing such action.
13. Waiver. Campground’s failure to insist on strict compliance with the terms or conditions of this Agreement shall not be deemed a waiver of that term or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of the right or power for all or any other times.
14. Notices. All written notices and communications regarding this Agreement, including notices sent pursuant to TEX. PENAL CODE § 31.04(c), should be sent to the designated undersigned persons at the addresses as set forth below unless notified in writing to the contrary by the receiving
party. The notice shall become effective as of the date of mailing by certified mail.
15. Pets. If Campground allows User to have pets on the property, User is responsible for the pet’s 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.
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 that Campground must charge User for cleaning or repairing the RV Site, as outlined in Paragraph 10, 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. Severability. If any provision of this Agreement is held illegal, void, or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the parties.
18. NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, USER HEREBY INDEMNIFIES, RELEASES, AND AGREES TO PROTECT AND HOLD HARMLESS CAMPGROUND, ITS OFFICERS, OWNERS, EMPLOYEES, AND AGENTS (“CAMPGROUND PARTIES”), FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, AND/OR LIABILITY ARISING OUT OF OR RELATED TO USER’S USE OF THE RV SITE, CAMPGROUND’S PROPERTY, AND/OR ANY CONDITION THEREON, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE GROSS NEGLIGENCE OF CAMPGROUND PARTIES.
THEFT OF SERVICE AND CRIMINAL TRESPASS ACCORDING TO TEXAS PENAL CODE SECTION 31.04, a person commits theft of service if, with intent to avoid payment for service that 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 or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon the rendering of the service, as in recreational vehicle parks. That is, any guest who leaves without paying for site services or who refuses to pay for site services when due may be subject to criminal prosecution. We will prosecute any violations under the “THEFT OF SERVICE LAW.”
THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP.