Terms of Service
I agree, and shall cause my children, invitees and guests, to abide by the Park Rules, including those rules and policies published at https://www.campfimfo.com/, posted at the Premises or otherwise communicated in any manner by Camp Fimfo management.
I further understand and agree that Camp Fimfo does not give credit or refunds due to the discomforts of nature. Camp Fimfo's refund policy varies, depending on the timing of the cancellation notice in advance of the reservation date, as follows:
Cabins/Lodges: You must be at least 21 years old to reserve a cabin/lodge. If a reservation is cancelled more than 3 weeks prior to the arrival date we issue a full refund, less a $25 transaction fee; or Camp Credit in the full amount can be elected. For a cancellation of a reservation more than 2 weeks, but less than 3 weeks, prior to the arrival date we issue Camp Credit for 50% of the payment and the balance is forfeited. For a reservation cancelled less than two weeks prior to the arrival date, the full amount of the reservation payment is forfeited to Camp Fimfo.
Campsites: You must be at least 21 years old to reserve a campsite. If a reservation is cancelled more than 2 weeks prior to the arrival date we issue a full refund, minus a $25 transaction fee; or Camp Credit in the full amount can be elected. For a cancellation of a reservation more than 1 week, but less than 2 weeks, prior to the arrival date we issue Camp Credit for 50% of the payment and the balance is forfeited. For a reservation cancelled less than one week prior to the arrival date, the full amount of the reservation payment is forfeited.
Camp Credit can only be redeemed in the same calendar year as the cancelled reservation and can only be applied toward your site or cabin/lodge rental. For reservations paid with a credit card, cash refunds will be credited to the credit card on file with respect to reservation.
As a participant in a recreation activity, I am responsible for acting within the limits of my ability and heeding all warnings regarding participation in the activity. I will maintain control of myself and any equipment while participating in the activity and will refrain from acting in any manner that may cause or contribute to injury to myself or to others.
I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Sun NG Whitewater RV, LLC, d/b/a Camp Fimfo: New Braunfels, its owners and agents (collectively, Camp Fimfo Management), from any and all liability to me, my children, my invitees/guests, personal representatives, and heirs for any loss or damage on account of injury to person (including death) or loss or damage to property relating to, or arising out of, use and occupancy of the Camp Fimfo property, facilities, golf carts, amenities, pools, water park, jumping pillow, the river (including, but not limited to, kayaking, tubing and swimming) and hot tubs (collectively, the Premises) and any dangers and hazards associated with acts of nature such as changing weather conditions; high winds; thunder and lightning; temperature fluctuations; falling trees; tree limbs, ice; or encounters with wildlife.
I acknowledge and agree that the camping at Camp Fimfo is in the great outdoors and as a result, has inherent risks due to its topography and natural springs, which pose additional risks to me and my guests, including the risk of tripping, falling, and/or drowning, and I HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS Camp Fimfo Management, and each of them, from any loss, liability, damage or cost (including attorney fees) they may incur due to injury (including death), damage or loss of property relating to use of the Premises by me, my children, and/or my invitees/guests or due to any incidents that may occur during my stay. I understand that, although Camp Fimfo Management makes every reasonable effort to provide a secure environment, the security of my person, my belongings, and all persons registered in my party is my sole responsibility.
As a courtesy, our employees, if so requested, may assist with directing you to your designated campsite. It is your sole responsibility to ensure that the site will accommodate your specific trailer/RV and that you will not hit any branches, bollards, trees, etc. when positioning your RV on the campsite. You agree to indemnify and hold Sun NG Whitewater RV LLC, d/b/a Camp Fimfo: New Braunfels, its owners and agents (collectively, “Camp Fimfo Management”) harmless from any loss, liability, damage or cost (including attorney’s fees) that may result from an employee assisting or directing you onto a campsite. Furthermore, you release, waive, discharge and covenant not to sue Camp Fimfo Management for any and all liability, loss, or property damage relating to an employee assisting/directing you to your site.
The Premises are privately owned and THE CAMP FIMFO MANAGEMENT RESERVES THE RIGHT TO REFUSE SERVICE to anyone for any reason except for those prohibited by law. Camp Fimfo Management reserves the right to require any person or party it deems necessary, to leave the campground based on violations of Park Rules or behavior management deems inappropriate or disturbing to others. Harassment or mistreatment of our staff or other guests, including but not limited to, racist comments or hate speech, will not be tolerated under any circumstances. I have read this notice and agree to it as well as all Camp Fimfo Rules and regulations. In addition, I understand that I am responsible for the actions of all persons registered in my party, including any children, and any guests that visit during my stay. On behalf of each person in my party, I grant Camp Fimfo and its affiliated entities and promotional partners the right to include any photographic, video and other visual portrayals of each person in my party in any medium and for any purpose.
I understand that I am and remain personally liable to pay the total amount of my reservation prior to my scheduled check-in date, or at such earlier date communicated to me. If I fail to pay the total due, I agree that Sun NG Whitewater RV LLC may charge any remaining balance (in addition to any damage charges or other amounts owed under these Terms and Conditions) to any credit or debit card on file with my reservation. Any amounts due after 30 days will be subject to the maximum late charge permitted under state law.
Additional Terms for Rental Units
I understand and agree as follows:
At departure, the rental unit is to be left in a reasonably clean condition (broom swept), garbage is to be removed from the rental unit and placed at the curb, all kitchens and kitchenettes are to be left clean, all dishes are to be washed and put away, and the microwave, fridge, stove and countertops are to be wiped clean; otherwise, Camp Fimfo Management may charge my credit card with a $75.00 cleaning fee. I understand and agree that if I leave the rental unit in an unreasonably filthy condition, permit a pet to occupy a rental unit not designated as pet-friendly or smoke in a rental unit, Camp Fimfo Management may charge credit card for the cost to professionally clean the rental unit ($250 minimum charge).
All damages to the rental unit, whether caused by myself, my children, guests or pets, will be disclosed to the registration office immediately or at checkout. All damages occurring to the rental unit during my stay will be charged to my credit card after a thorough inspection has been made by Camp Fimfo Management. Damages for which I will be responsible include, but are not limited to: lost key(s), broken/lost TV/DVD/AC remote controls, broken items, discharged fire extinguishers (if not used for a fire), damaged/dented/bent appliances, furniture, cabinetry or dishes, writing on walls or bedding, and ripped or torn mattresses or covers.
I hereby agree to the following regulations and conditions relating to my dog while camping at Sun NG Whitewater RV LLC, d/b/a Camp Fimfo: New Braunfels (“Campground”) with my dog.
Excluded Areas. I agree to keep my dog out of the following areas including, but not limited to, the area near Cabins or Cottage rentals, food and beverage areas, the pool and pool deck, Ranger Station, playgrounds and pavilions.
Excluded Dogs. I agree that the Campground has the sole discretion to exclude dogs. The basis for exclusion may include, but is not limited to the following: breed-specific exclusions; due to their young age are exempted from state or local law vaccination requirements; are sick; are in heat; are aggressive, vicious, dangerous or potentially dangerous; require muzzling; or are easily frightened or sensitive, resulting in disruptive behavior (such as fighting or biting) in response to a stimulus.
Supervision. I agree to keep my dog on a leash or in a carrier while in all public areas of the Campground. I further agree to have my dog with me or a designated individual at all times, and understand that I may not leave the dog unattended at the campsite. I agree to prevent noise or any other disturbance by my dog, in the interest of other guests at the Campground.
Vaccinations. I represent and warrant that my dog is up to date on all vaccinations (including rabies and distemper) and flea treatments.
Disturbances. I agree that, should my dog create any disturbances, which cause complaints to be made to the management by other guests or employees of the Campground, at the request of a Campground employee, I will immediately make arrangements to house my dog elsewhere outside the Campground. Additionally, I understand and agree that if I do not find alternative housing for my pet after being asked to do so, I will be asked to leave the Campground and will not be issued a refund.
Assumption of Risk and Release. I understand that my permission to have my dog at the Campground with me is a privilege and not a contractual right. Such permission is expressly conditional upon my adherence to the terms of these rules and other rules in effect at any given time. I understand that the Campground may revoke such permission at any time for any reason. Additionally, I hereby assume all responsibility of risks, injury, damage, other harm that may occur while my dog is at the Campground or caused by my dog. Further, I hereby knowingly and voluntarily expressly release and discharge the Campground, its owner, its agents, its parent companies, members, managers, directors, officers and employees (“Released Parties”) from any and all claims, damages, liabilities, injuries, demands, or causes of action, both present and future, whether known, unknown, anticipated or unanticipated, that me or my guests or invitees may have against any of the Released Parties arising out of or incident to my dog’s presence in the Campground, whether arising from any act or omission, whether negligent or otherwise, of me, my dog and/or any guest or invitee. I further agree to indemnify each of the Released Parties for any and all such claims, damages, liabilities, injuries, demands, or causes of action, including costs, expenses, and attorney’s fees arising as a result of or related to the presence of the dog at the Campground. This provision shall be enforceable to the fullest extent of the law.
Acknowledgment. By signing below, I acknowledge that I have read the foregoing Assumption of Risk & Release and fully understand its provisions and implications. My execution of this Release is entirely voluntary and intended to be binding on my heirs, executors, legal representatives and assigns.
I have read this Animal Waiver and understand it is my responsibility to abide by the Rules. I further understand that it is my responsibility to ensure that my guests and invitees also comply with the Rules. Failure to adhere to the policies and rules set forth herein may result in my removal from the Campground without a refund.
Additional Terms for Pool Use
Don’t drink alcohol and swim.
Only use this facility during posted hours of operation.
IN AN EMERGENCY, NOTIFY THE FACILITY OPERATOR AND CONTACT HELP AS SOON AS POSSIBLE. A free telephone is provided at this facility located outside of the pool gate by the Tavern and at the Comfort Station.
Children, less than 16 years of age, must be accompanied by a parent or guardian (an adult who is responsible for the children and their behavior).
THERE IS NO SUBSTITUTE FOR ADEQUATE SUPERVISION.
In light of the global pandemic associated with COVID-19, everyone shares in the obligation to observe certain requirements and guidelines to help keep themselves and others safe within your shared community. In particular, I represent that I have not tested positive for COVID-19 within the last two weeks and I have not been in direct personal contact with someone who has tested positive for COVID-19 within the last two weeks either. If I do test positive for COVID-19 or come into contact with someone who has, or if my temperature exceeds 100 degrees Fahrenheit and I experience other COVID-19-related symptoms, I agree that I will not seek to enter the resort/community until I am no longer symptomatic for three straight days. I agree to observe the safety requirements within the resort/community spaces -- including wearing a personal mask when required, and observing required routes of circulation, occupancy limitations, social distancing and sanitization requirements.
Golf Cart Rental Contract
1. Lessee acknowledges receipt of the equipment identified above (the “Equipment”) which was examined by Lessee and found to be in first-class condition upon receipt (except as noted below*). Lessee further acknowledges that the equipment is leased by SUN NG WHITEWATER RV LLC (“Lessor”) to Lessee for the use and purpose for which it was manufactured subject, however, to the terms and conditions set forth in this Golf Cart Rental Contract (this “Contract”).
2. Lessee agrees to obey all state, federal, and local regulations, laws, ordinances and lawful directives from all appropriate emergency or law enforcement personnel, while operating or renting golf carts or equipment from Lessor. Lessee is solely responsible for any citation or violation occurring during the use of, or as a result of using the golf car or other equipment from Lessor.
3. Lessee represents that he or she is familiar with how to safely operate a golf cart.
4. Golf carts are available for pickup at check-in time. Lessee shall return the equipment to the place of initial rental no later than the date and time specified above (LESSEE SHALL CONTACT LESSOR IF AN EXTENSION OF TIME IS DESIRED) or upon Lessor’s demand therefore. The equipment shall be returned in the same condition as when received.
5. Lessee shall pay to Lessor, upon demand, rental for the equipment at the rate provided above until the equipment is returned to Lessor. Daily rates will apply unless other arrangements are made with Lessor in advance. Daily rates will apply if the equipment is kept after the scheduled return date and Lessor will construe the retention of the golf cart beyond the scheduled return date as additional rental under the same terms and conditions as originally contained in this contract. All days, including weekends and holidays are chargeable.
6. Lessee shall reimburse Lessor, upon demand, for the loss of, or any damage to the equipment while it is rented to Lessee and for all costs and expenses, including reasonable attorney’s fees, incurred by Lessor in collecting and amount owing by Lessee hereunder or in otherwise enforcing Lessor’s rights hereunder. The below are the typical amounts Lessee can expect to incur for various damage to the golf cart:
■ Headlight.............................. $125
■ Leaning to Left or Right............ $125
■ Cuts to Bench Seat…................ $150
■ Steering Repairs…................... $250
■ Mid or Rear Body Repairs…...... $300
■ Windshield..................... $160
■ Lost Key…………………...$ 30
■ Cuts to Seat Back............. $100
■ Front Body Repairs…........ $220
■ Extended Sunton Kit…...... $600
7. Use and control of a golf cart, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, from one location to another, from one individual to another, but the risks of driving, riding, or using a golf cart range from minor injuries to major and catastrophic injuries including paralysis and death. Lessee understands and agrees that it is his or her responsibility to assess the hazards presented by the use of the golf cart and further agrees that he or she is the ultimate judge as to whether her or she can use the golf cart without harm to himself/herself and others.
8. Lessee hereby indemnifies, releases, and agrees to protect and hold harmless Lessor and its officers, owners, employees, and agents (collectively “Lessor and Its Related Parties”) from and against all claims, causes of action, and/or liability arising out of or related to Lessee’s or Lessee’s guests’ use of the golf cart or other equipment described above, and/or any condition therein, without limit and without regard to the cause or causes therefore the negligence of Lessor and Its Related Parties.
9. To the extent permitted by law, Lessee hereby indemnifies, releases, and agrees to protect and hold harmless Lessor and, its officers, owners, employees, and agents (“Lessor Parties”) from and against all claims, causes of action, and/or liability arising out of or related to Lessee’s use or Lessee’s guests’ use of the golf cart or other equipment described above, and/or any condition therein, without limit and without regard to the cause or causes thereof or the gross negligence of Lessor Parties.
10. Lessee shall abide by all rules and regulations of Lessor governing the use of the equipment. (ONLY HOLDERS OF A VALID DRIVER’S LICENSE 21 YEARS OF AGE AND OLDER MAY RENT THE EQUIPMENT.)
11. If any provision of this Contract is held illegal, voice, 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.
12. Lessee shall not assign this Contract or sublease the equipment.
13. All equipment rental shall be paid in full at the time of booking. Lessee authorizes Lessor to charge his/her credit card for any damage for which Lessee is responsible under the terms of this Contract.
14. Lessee has read this waiver of liability, assumption of risk and indemnity agreement, fully understands its terms, and understands that he or she is giving up substantial rights, including the right to sue Lessor, its members, officers, employees, and agents. Lessee also understands that, in addition to binding himself or herself, this agreement binds his or her heirs, executors, personal representatives, attorneys- of-law, attorneys-in-fact, administrators, and assigns. Lessee acknowledges that he or she is singing this Contract freely and voluntarily, and intends by his or her signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Lessee hereby asserts that use of the golf cart is voluntary and that he or she knowingly assumes all such risks incident to using the golf cart.
15. This Contract constitutes the entire agreement between Lessee and Lessor and no term may be waived or modified except in writing signed by both parties. There are no warranties, express or implied, by Lessor to Lessee, except as contained herein, and Lessor is not liable for any loss or injury to Lessee nor to anyone else, of any kind or however caused. This Contract is one of bailment only and Lessee is not Lessor’s agent while using the golf cart or other equipment described above.
Golf Cart Rules
1. Lessee must be a minimum of 21 years old.
2. Operator(s) of golf cart must be 18 years of age and have in their possession a valid driver’s license and proof of insurance. (Moped license, learner’s permit, etc. are not acceptable.) A Guest found driving under the age of 18 will result in the immediate loss of golf cart and no refund will be given.
3. Golf carts operated after sunset must have lights on.
4. No more than 4 persons may occupy the golf cart at any time.
5. Familiarize yourself with and observe all traffic rules and abide by them when using the golf cart in the campground:
■ Use hand signals when turning or stopping.
■ Rental carts cannot be parked in a fire lane.
■ Park the golf cart on a level and steady ground.
■ Take the key out of the cart when not in use.
Note that the golf cart has forward, reverse, and neutral gears. When in reverse, you should hear a backing horn (buzzing sound). Please contact the property manager with any questions about the operation of the golf cart.
6. Golf carts must be operated properly. Speed limit is 5 mph. Horseplay, racing, or other misuse of cart will not be tolerated. Carts are to be operated on campground roadways only. No driving through campsites or other restricted areas.
7. Golf cart must remain in Campground at all times.
8. Golf carts must be returned at the designated time (11AM). Late returned carts will be charged $10.00 for each half hour late.
9. All passengers must be seated at all times when the cart is in motion.
10. Please report any malfunctions to Management immediately.
11. Remove the key when parked and chock the wheels.
12. Anyone found in violation of these rules will forfeit all rental privileges. There will be no refunds made if the golf cart has to be returned because of Lessee misuse.
13. Violating any of the following rules will be cause for immediate loss of rental privilege:
■ Underage drivers – anyone under the age of 18 operating the golf cart.
■ Invalid driver’s license or no driver’s license.
■ Reckless driving.
■ Drinking alcohol while driving or driving under the influence of drugs or alcohol. **Per Texas State law, open containers of alcohol are not permitted on vehicles (golf carts included).