Terms of Service
"I" otherwise known as "User" and "Campground" otherwise known as Woodland Creek RV Park, LLC d/b/a Woodland Creek RV Park.
Policies, Rules, Regulations. User and their guests, invitees and all occupants shall comply with the Rules and/or Policies, including those rules and policies published at website www.woodlandcreekrvpark.com, posted at the RV park or otherwise communicated in any manner by Woodland Creek RV Park Management. User agrees to comply with all state and federal laws, rules, ordinances and regulations applicable to the Property.
RV Site. Campground hereby provides services of Campground’s property. Campground has the right upon twenty-four (24) hours’ notice to relocate User to a substantially equivalent Lot on Campground’s property.
Rates, Fees. Rates are based on four people p/site not to exceed eight guests per site. Extended stay sites(28 days) are based on immediate family of up to four people per site not to exceed six guests per site. All additional guests are $5 per person, per day. User shall make payments in advance of per day, per week, or per extended stay. Park rates or fees may be increased by giving advance notice to User. Extended Stay guests shall pay Campground all electrical power charges used by User in connection with the use of the RV Site. Campground will assess a $25.00 late fee plus $10.00 per day past the due date if the total amount of Fees or any other charge due under the terms of this Agreement is not received by the due date. Campground will not accept partial payments of Fees or other charges.
Electric Utility. If entering into an extended stay (28 days), user shall pay Campground, in accordance with the schedule for payment of the rate checked in Paragraph 4, above, all electrical power charges used by User in connection with the use of the RV Site. The amount is $.075/kWh plus electric company's distribution charge and is calculated by Campground according to TEX. UTIL. CODE § 184.034. The beginning meter reading as of the Effective Date of this Agreement is___________________ . If, at any time during the term of this Agreement, User becomes delinquent in the payment of electric services, Campground shall withhold electric services until User pays the delinquent amount, pursuant to TEX. UTIL. CODE § 184.036.
Deposit. Upon the Effective Date of this Agreement, extended stay guests agree to pay Campground $100.00 for Rentee’s use of electrical power on the RV Site (“Electric Deposit”). The Electric Deposit shall be refunded to Rentee upon termination or expiration of this Agreement provided Rentee has not committed any Acts of Default (as defined below) and has fulfilled all other provisions of the Agreement, including the covenant to occupy the RV Site, pay fees and other charges due for the full term of the Agreement.
Campground’s Right to Terminate Agreement. Campground may terminate this Agreement for any or no reason by providing User a notice to vacate the RV Site (“Notice to Vacate”). User agrees to render peaceful possession of the RV Site to Campground within three (3) days of the date provided on the Notice to Vacate. The three (3) days notice shall not be required to terminate if termination is the result of an Act of Default (as defined below). Upon User’s peaceful surrender of the RV Site to Campground and subject to the provisions of Deposits of this Agreement, Campground will refund to User the proportionate amount of any unused Fees previously paid by User to Campground.
Early Termination by User. Campground may recover as damages for User’s early termination of this Agreement an amount equal to the amount of Fees and any other amounts owed that remain outstanding for the Term of the Agreement.
Default by User. The following acts constitute defaults by User (“Acts of Default”) and Woodland Creek RV Park Management reserves the right to require any person or party it deems necessary, to leave the Property based on the below or violations of Park Rules and Policies or behavior management deems inappropriate or disturbing to others:
- Failure to timely pay Fees or other lawful charges when due under this Agreement;
- Giving false information on any application to campground;
- User, User’s guests and/or occupants fail to comply with any rule, policy, regulation or term, covenant or condition of this Agreement;
- User has materially breached the terms of this Agreement by any action such as violating provisions of this Agreement or committing serious misconduct or criminal acts;
- User holds over after giving notice of termination and intent to vacate.
- User holds over after Campground gives notice of termination at the end of the Term or a Notice to Vacate during the Term in accordance with Campground’s Right to Terminate Agreement as stated above.
Condition of RV Site. By execution of this Agreement and upon termination or expiration of this Agreement, User agrees to surrender the RV Site to Campground in a neat and clean 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.
Assignment. User shall not have the right to assign or sublet the RV Site hereunder to any person or persons.
Governing Law. This Agreement is governed and construed in accordance with the laws of the State of Texas.
RV Site Suitability. As a courtesy, if requested, our employees 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/or slideout and that you will not hit any branches, trees, ground, building, etc. when positioning your RV on the campsite. You agree to indemnify and hold Woodland Creek RV Park, its owners, employees, and agents 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 Woodland Creek RV Park Management for all liability, loss, or property damage relating to an employee assisting/directing you to your site.
Attorney Fees. In the event any legal proceedings of any kind are instituted to collect unpaid Fees, electrical charges or for possession of the RV Site, Campground may collect from User all reasonable costs and attorney fees incurred by Campground in pursuing such action.
Waiver. Campground’s failure to insist on strict compliance with the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall nay 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.
Notices. All written notices and communications regarding this Agreement should be sent to the designated undersigned persons at their addresses unless notified in writing to the contrary by the receiving party. The notice shall become effective as of the date of mailing by regular or certified mail or the date a facsimile transmission is received.
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 responsible and agrees to have any pets they have at the park to be current on immunizations and/or vaccinations. User is liable for any damage or injury caused by his or her pet or pet in their care. Campground may assess a $25 clean up fee for waste not properly disposed of by User. Campground may require User to vacate the premises wihout refund due to pet's behavior.
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 or Campground as outlined 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.
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.
Inherent Risks. User (including their guests, invitees and all occupants) understands that much of Woodland Creek RV Park is a natural setting and that there are inherent potential hazards. The property is home to a creek that can swell, flow quickly, and cross onto the property during rainy weather. The banks of the creek can be steep and become slick, giving way without warning. Roads and walkways can also become flooded and flow quickly. The ground may be uneven, have potholes or exposed roots. Trees are abundant and branches or trees could fall. Wild vegetation, including poison ivy, and poison oak are on the property. Any of these hazards including, but not limited to, flooding, high winds, earthquake, natural disasters, lighning, drowning, encounters with wildlife, acts of God, theft, and/or vandalism could potentially cause damage to vehicles, injury or death.
I HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS Woodland Creek RV Park, Management, and each of them, from any loss, liability, damage or cost (including attorney fees) that may incur due to injury or death, damage or loss of property (including from trees or limbs) relating to use of the Campground by me, my children, and/or my invitees/guests or due to any incidents that may occur during my stay. I understand that, the security of my person, my belongings, and all persons registered in my party is my sole responsibility. In the event of damage to vehicles, injury or death, I understand it is my reponsibility to have insurance in place to insure any and all losses.
NO LIABILITY. USER HEREBY INDEMNIFIES, RELEASES AND HOLDS WOODLAND CREEK RV PARK, LLC, d/b/a WOODLAND CREEK RV PARK, ITS OFFICERS, OWNERS, EMPLOYEES AND AGENTS (THE “CAMPGROUND PARTIES”) HARMLESS FROM ANY PROPERTY DAMAGE, PERSONAL INJURY, CLAIMS, CAUSES OF ACTION, DAMAGES, LOSS, EXPENSES, AND/OR LIABILITIES (HEREAFTER COLLECTIVELY, “LOSS”) ARISING OUT OF OR RELATED TO USER’S USE OF THE RV SITE, THE PROPERTY AND/OR ANY CONDITION THEREON, REGARDLESS OF WHETHER SUCH LOSS WAS CAUSED BY THE NEGLIGENCE OF ANY OF THE CAMPGROUND PARTIES.
THEFT OF SERVICE AND CRIMINAL TRESPASS. ACCORDING TO TEXAS PENAL CODE SECTON 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 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.”
ACCORDING TO TEXAS PENAL CODE SECTON 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’s property. We will prosecute any violations under the “CRIMINAL TRESPASS LAW.”
NOTICE FOR OPENLY CARRIED HANDGUNS. PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY.