Terms & Conditions
COTA RV Park, Austin, Texas
COTA RV PARK TERMS AND CONDITIONS
Last updated: July 28, 2025
PLEASE READ THESE TERMS AND THE RESORT RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT HEREIN COMPLETELY AND CAREFULLY. THESE TERMS HAVE LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION (INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER). IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
These Terms and Conditions (“Terms”) govern the use of the recreational vehicle park and other dry camping spaces owned by Circuit of The Americas LLC (“COTA”) and operated by CRR Hospitality LLC (“Manager”), known herein as the “Resort” or “COTA Camping.” By reserving, occupying, or otherwise making use of any space or facility at the Resort or COTA (such activities, collectively, the “Event”), each individual (the “RV Spot User” or “Guest”), and any guests or invitees of the RV Spot User, expressly agree to abide by these Terms and the Release and Waiver of Liability, Assumption of Risk, and Indemnification Agreement included herein (“Waiver”). COTA and Manager, through each of their designated representatives, agents, and employees, reserve the right to enforce these Terms and to take any action deemed necessary to ensure the safety, comfort, and enjoyment of all RV Spot Users, as well as the orderly operation of the Resort.
Check-in & Check-Out:
- Check-in is 2 pm on the day of arrival.
- If early check-in is available, there is an additional $25 fee.
- Check-out is 11 am on the day of departure.
- If a late check-out is available, there is an additional $25 fee.
Any check-out after 4 pm will be charged one night's stay and tax. Should any early check-in or late check-out fees become applicable, RV Spot User consents to the Resort charging the credit card (or other payment method on file) that was used to create the reservation or provided at check-in (unless another payment method is agreed to by the Resort and RV Spot User).
There are no refunds issued for early departures. The Resort will not issue refunds for service disruptions, inclement weather, or other circumstances that are beyond its ability to control.
Contact Guest Services at (512) 655- 6226 to check late departure/early arrival availability. Extended times will be based on occupancy and availability.
Reservations: A reservation can be made for up to 6 months at a time, if available. Guests are required to relocate off property for any and all “Major Events,” including but not limited to: NASCAR, MotoGP, WEC and Formula 1 unless separate reservations have been made specific to such Major Event. Dates for these events are available on our website and subject to change at any time. In the event that a Major Event falls within the dates of a larger reservation, Guests under such reservation shall be required to relocate off property for the duration of the Major Event and a credit refund shall be issued (at the rate established in the original reservation).
Rates: Rates are guaranteed at the time of reservation confirmation. Any modifications to an existing reservation are subject to the new rates and conditions at that time.
Method of Payment: A method of payment is required to be on file for all reservations. For monthly reservations, the credit card on file will be charged the full amount on the due date. Payments will be set as automatic payments (auto-pay). Any exceptions to autopay must be approved in writing in advance by management. To change the method of payment, please contact Guest Services a minimum of 2 days prior to the due date.
The Resort operates as a cashless property; therefore, cash transactions are not accepted for any services or purchases within our premises. Payment must be made through electronic means such as credit/debit cards or other approved digital payment methods.
Late Payments: Payment is due on the 1st day of the billing cycle. The resort allows a 2-day grace period. On the 3rd day, a notice of nonpayment shall be issued. Non-payment may result in removal from the property.
User Credits: Any balance left on a Guest’s account reflected as a “User Credit” will expire in 6 months. User credit must be applied toward a future stay/store purchase/activity (at the Resort only – not redeemable at other COTA attractions). “User credit” does not have a monetary value and cannot be redeemed for cash or be refunded to a credit card.
Site Occupancy: Only one (1) RV is permitted per site and up to two (2) passenger vehicles are permitted per site. There is a maximum occupancy limit of six (6) persons per site. All vehicles must fit within the site and not encroach on common areas or the surrounding pavers and roads. Guest shall be responsible for any and all damage to the RV site as well as the surrounding pavers and roads.
Speed limit/Vehicles: The speed limit in the Resort is 7 mph. This speed limit is enforced for all motorized vehicle types including cars, RVs, scooters, ATVs, golf carts, etc. Vehicle speed limits must be observed. All vehicles must have a visible parking pass. Anyone operating a motorized vehicle or golf cart must have a valid Driver’s License. Vehicles must be operated in a safe, courteous, and cautious manner at all times. Pedestrians, electric carts, and bicycles shall be granted the right-of-way. Guests, campers and guests must obey all posted traffic control signs (i.e., stop signs, no parking signs, speed limit signs, etc.). The Resort may prohibit any vehicle which, in the sole discretion of Resort Management, emits excessive noise. Operating any vehicle in the Resort under the influence of drugs or alcohol is cause for immediate removal from the Resort.
RV Age Requirements: RV must be 15 years old or newer and be RVIA certified. Older RVs may be permitted with prior approval (current photos required for approval). For reservations longer than 30 days, RV year, make, model and license plate must be noted on reservation as well as proof of insurance and registration. Full restorations are allowed with prior approval. Any of the aforementioned exceptions will need to be approved in writing by Management in advance of the stay (with accompanying photos).
Site Changes: Resort assigns specific sites based on availability. If a specific site is preferred, a site lock fee can be placed on the reservation. Otherwise, a site will be assigned based on the site type preference. Any moves must be completed by Guest Services. If the locked site requested is unavailable it may be necessary for Management to relocate the tenant to an equal or upgraded site. In the event of this circumstance, the lock fee will be refunded to the tenant.
Quiet time: 11 pm to 7 am - All buildings including the store, the pool area, and the playground area are closed during these hours. Loud parties, excessive volume of radios, televisions, musical instruments, or any other excessive noise, will not be allowed at any time. Guests must not disturb the quiet enjoyment of the Resort for others.
Generators: Full electric hookups are provided by the Resort; therefore, the long-term use of any generator is not permitted. Guests can do so during daylight hours for up to 45 minutes.
Private Business/Soliciting: The Resort, its name, and/or its address must not be used for the purpose of advertisements of any kind or for the sale of merchandise. No private business may be conducted in the Resort by anyone. No door-to-door solicitation of any kind is permitted. A solicitation by one Guest without prior invitation of another Guest is prohibited by this rule. If solicited in the Resort, please contact Management.
Special Rules/Facilities: Special rules pertaining to the pool, laundry room, and other Resort equipment and facilities are posted at these locations. These special rules constitute a part of these Terms and Conditions, and violation of them will be treated as a violation of these Terms and Conditions. Resort management has the right to remove without notice any person from any Resort facility who is unauthorized, creates a disturbance, causes a nuisance or damage, or in any way interferes with the operation of the Resort or its facilities.
Trespassing: Resort Management has the right to prevent access to the Resort and to remove anyone other than approved Guests and visitors who Management deems objectionable. Objectionable persons include (but are not limited to) persons engaged in or previously engaged in criminal activity in the Resort; persons who have previously materially violated Resort rules or have been disruptive in the Resort, and/or people who were previously removed from the Resort for any reason. Resort management reserves the right to trespass from the Resort anyone who is not an approved Guest.
Viewing Practices: Purchase of a Resort space entitles the purchaser to access a space in the designated COTA Camping area only. Other than the COTA Camping area with the purchased space, Guests may not access other parts of the COTA property unless and to the extent that: (a) the area is open to the public (e.g., COTA Karting during operating hours); (b) there is a free or non-ticketed event (e.g., Cars and Coffee for spectators); (c) there is a ticketed event, and the guest is in possession of a valid and unexpired ticket (e.g., Formula 1 United States Grand Prix); or (d) there is a private event to which the guest has been invited. Guest must only access the areas available to them through access routes designated for the particular event. Wandering around the COTA property at night, in forbidden areas, in construction zones, or as otherwise prohibited shall be deemed trespassing and may result in eviction from the Resort without refund (or other legal recourse), prosecution, and a permanent ban from the Resort and/or COTA.
The Resort is adjacent to an active Formula 1 Racetrack. Climbing over fences or otherwise attempting to enter restricted areas is forbidden and poses significant safety risks. DO NOT ENTER THE RACETRACK AT ANY TIME UNLESS UNDER COTA’S SUPERVISION FOR DESIGNATED EVENTS. Even when the racetrack appears unoccupied, it remains hazardous. All individuals must adhere to this rule to ensure their safety and avoid any potential accidents.
Security: Guests must comply with all security and safety procedures as designated by COTA. These procedures are subject to change at any time, including during Major Race Events.
Inspections: To promote the safety, cleanliness, and proper operation of the Resort, RV Spot User agrees that Resort and/or COTA personnel may request access to inspect the exterior and utility connections of any RV or other vehicle located on Resort property. Such inspections may be conducted:
- With at least 24 hours’ notice for general compliance, maintenance, or routine rule enforcement purposes; or
- Without prior notice in the event of an emergency, suspected hazard, imminent threat to safety, or during scheduled security sweeps conducted in conjunction with law enforcement.
Resort personnel shall not access the interior of any RV, trailer, or vehicle without the express consent of the RV Spot User, unless entry is required by law, or where immediate access is necessary to protect health, safety, or prevent damage to persons or property. Refusal to cooperate with a lawful and reasonable inspection, or interference with Resort and/or COTA personnel, law enforcement, or security contractors, may result in immediate removal from the Resort without refund and placement of a temporary or lifetime ban on the RV Spot User.
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 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. Lagoon Ranch will prosecute any violations under the “THEFT OF SERVICE LAW”.
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 and notice that the entry was forbidden, or receives notice to leave and refuses to do so may be subject to criminal prosecution. If management asks you to leave, you must vacate the Resort property. Lagoon Ranch will prosecute any violations under the “CRIMINAL TRESPASS LAW”.
Campfires/Fires/Fireworks: Wood burning fire pits are strictly prohibited. Propane grills and small propane fire pits are allowed. The Resort retains absolute discretion as to whether a fire pit is permissible and, upon demand by the Resort, a fire pit must be removed. See Guest Services for current information on fire restrictions. “No burn” days or other burning restrictions must be observed. Fireworks are prohibited. Lighting of any fireworks in the Resort is prohibited and will result in immediate removal.
Firearms: For the safety and comfort of all guests, pursuant to Section 30.05, 30.06, and 30.07 of the Texas Penal Code, firearms, ammunition, explosives, and other weapons are strictly prohibited anywhere on Resort (and COTA) property, including inside RVs, vehicles, and personal belongings. By entering the Resort, RV Spot Users agree to comply with this policy as a condition of access.
COTA and/or Management reserve the right to deny entry or require the immediate departure of any guest found to be in violation of this policy. In accordance with Texas law, conspicuous signage (including as required by Sections 30.05, 30.06, and 30.07 of the Texas Penal Code) may be posted at entrances to inform visitors of these restrictions.
Pool Area: Hours are 9am-10pm, monitored by 24/7 onsite security. The Resort reserves the right to close the pool area for maintenance, weather, and/or other Management purposes. Rules regarding use of the swimming pool area are posted in the pool area and must be observed.
Glassware and pets are not allowed in the pool area.
All use of the pool area is at the user’s own risk. The Resort assumes no responsibility or liability for physical problems or personal injury connected with the use of the pool. It is strongly recommended that no person use the swimming pool unless accompanied by at least one other person.
All persons must wear a swimsuit in the pool. Street clothes are not permitted in the pool and spas. Nudity is strictly prohibited at the pool area and in all the Resort’s common areas.
Anyone who is incontinent must wear a swim diaper or rubber pants designed for pool use. Intentional urination and/or defecation in the pool is prohibited.
Swimmers may not use any objects in the pool that may leave rust stains or damage the filter pumps.
No running, horseplay, or unsafe activity of any kind is allowed in or around the pools. Jumping or diving into the pool is prohibited.
Each person using the pool must respect the rights of others. Any person who is a substantial annoyance to others using the pool may be required to leave the pool area.
A person who does not know how to swim may not use the pool unless accompanied by at least one person who knows how to swim and who can assist a non-swimmer in the event of an emergency. No person may use the pool or swim alone under any circumstances as no lifeguards are on duty.
Rafts, pool chairs and other large floats are not permitted in the pool.
Smoking is not permitted in the pool area.
NO LIFEGUARD IS ON DUTY IN THE POOL AREA. SWIM AT YOUR OWN RISK.
Resort Management reserves the right to revoke permission to use the pool area for non-compliance with these pool rules.
Pets/Animals: A maximum of 3 pets per site are permitted and must be noted on each reservation. Noisy or aggressive pets are not allowed in the Resort. Barking, growling, snarling, crying, howling, and such other noises that disturb others are cause for revoking permission to keep a pet. Aggressive or vicious behavior is cause for revoking permission to keep a pet.
When outside of the RV or other unit, pets must be on a six foot or shorter leash. A small temporary enclosure (not to exceed 4ft x 8ft x 48 inches high) on each site is allowed so long as the pet(s) is attended. Pets may not be left unattended on the site or anywhere in the Resort. Tethering a pet to common area or on RV site is not allowed. Pets are not allowed to enter any occupied or vacant sites.
Pet waste receptacles are located throughout the Resort. Pet waste must immediately be cleaned up and properly disposed of.
Only service animals and assistive animals are allowed in the Resort Store, Laundry, and Bathhouse buildings.
Guests must have proof of their pet’s vaccinations available. Each Guest must comply with all applicable state, city, and county requirements with respect to licensing, vaccinations, and leash laws.
Feeding and/or watering of stray and/or wild animals, including but not limited to cats, is prohibited. Breeding animals is prohibited.
Exceptions to these pet restrictions will be made pursuant to the ADA and fair housing laws.
Dog Park: The enclosed dog park is open during daylight hours. All posted policies must be adhered to when using the dog park.
Trash: Place all garbage in designated dumpsters. The locations are indicated on the resort map. All trash must be bagged and tied/sealed before being placed in the dumpster. All boxes must be broken down. Guests may not dispose of business or commercial trash in the Resort. Do not enter any garbage containers to remove any refuse. Dumping large items such as furniture, mattresses, appliances, large landscape trimmings, etc. is prohibited. These items may not be placed in/or next to the Resort dumpsters. Guests will be charged a removal and disposal fee for large items left in the dumpster or surrounding area.
Site Tidiness/Modifications: Sites must be kept in an orderly and tidy fashion. The site, RV/other unit, and any improvements or items thereon must reflect a clean, attractive, and well-kept appearance. Bicycles, scooters, other personal transportation devices as well as toys must be neatly organized. Sleeping tents, clotheslines, vehicle washing, patio misters, and maintenance/repairs to any items are not allowed. No personal property accumulation is permitted around the unit. Personal property includes but is not limited to, overstuffed or indoor-type furniture, appliances, ironing boards, brooms, mops, tools, toys, gardening equipment, debris, refuse/trash, firewood, shelving, tarps, or other such items that are unsightly. Sites must be kept clean and maintained free of oil drippings, grease, other debris, and kept in good repair/condition. Aluminum foil, cardboard, plywood, or similar materials are not permitted in the windows or doors of the RV or glamping units.
Trampolines, swimming pools, spas, and/or other large recreation items are prohibited on individual sites.
All improvements, modifications, and/or alterations to the site require prior written approval of Resort Management. Any digging must have prior written approval of Resort Management. If approval is received, any work performed must be consistent with what was approved and in compliance with all applicable laws and codes.
Storage: Open storage of anything beneath, behind, or on the outside of the RV is prohibited. This includes, but is not limited to, storage of boxes, tires, trunks, wood, pipe, bottles, tools, mops, ladders, paint cans, or any other item which is unsightly in appearance.
Only one (1) outdoor patio table with up to six (6) chairs, approved for use by Resort Management.
Outdoor grills must be in good condition and well maintained. Management reserves the right to restrict grill use during inclement weather or in order to comply with county burn bans.
Bicycle storage must be neat and organized.
Two (2) 27gal plastic storage totes may be used to store items underneath an RV.
Sunshades, Windscreen, Privacy Screens, Awnings, and Pop Ups: Must have Resort Management written approval and conform to all ordinances. All anchors must be removed upon vacating the RV Site. Pop-up canopies or Clam Tent must be taken down when not in use and never used as storage. Other tents are not allowed. Roll-up aluminum wind screens or privacy enclosures are not to be used for storage of any items not otherwise permitted outside the RV. Awnings must be retracted if tenant is off-property or away from the RV.
Viewing Decks and Platforms: Temporary or permanent viewing platforms, observation decks, scaffolding, or elevated structures of any kind are strictly prohibited within the RV park for safety and liability reasons.
Flags and Flagpoles: Guests may only display one United States of America Flag and/or one State Flag. Flags shall not exceed thirty-six inches by sixty inches. No permanent flagpoles are permitted. All other signs, flags, banners and the like to be displayed on a site are prohibited. Race or team flags are permitted during special events, provided they do not display any derogatory language, offensive imagery, or inappropriate content.
Exterior Lighting: Any light bulb used on the exterior of an RV may only be a maximum of sixty watts or LED 6-8 and must be aimed only at portions of the RV Site. Decorations and/or lights used on the outside of the RV must be UL approved and are subject to Resort Management’s approval. Any outside lights on a rig must be turned off during quiet hours.
Repairs: Repairs to RVs and vehicles must be approved in advance in writing by the Resort Manager.
RV and Vehicle Washing: Personal washing of vehicles and RVs within the Resort is not permitted. Contracted washing/detailing by select vendors is permitted with prior approval of Resort Management.
Electrical Use: Guests are responsible for understanding how many amps the RV is using. Amp usage over the provided outlet’s capacity can trip breakers. Please notify the office so that they can notify maintenance if there are any electrical issues. Guests are not permitted to diagnose electrical pedestals per insurance and safety specifications. Even if the Guest is an electrician, terms prohibit working on pedestals.
EV Charging: If you require a place to charge your electrical vehicle, please see Guest Services for an additional site reservation for charging electrical vehicles. Nightly site rate charges will apply.
Golf Carts: Guests are permitted to bring their own golf carts but must abide by the following requirements and policies:
- Release and Waiver of Liability Assumption of risk and indemnity agreement must be signed upon arrival in order to operate golf cart on Circuit of The Americas property.
- All golf cart owners must provide proof of liability insurance prior to arrival at the Resort. The proof of insurance (declarations page) must state that the cart is covered.
- Golf carts are permitted for transportation between the RV Park and on-site amenities, including Speed City Karting, Mini Golf, the Café, and the fishing pond, provided that all required documentation has been submitted, a liability waiver has been signed, and all posted rules are strictly followed. Under no circumstances may golf carts be operated off the Resort or Circuit of The Americas property. Any violation of this policy will result in immediate revocation of golf cart privileges.
- All operators must be at least 16 years of age with a valid driver’s license.
- No persons or animals can be on the operator’s lap or sitting beside the operator while operating the cart in any manner.
- All golf cart riders must abide by any and all relevant TX laws.
- At all times, golf cart riders will respect and abide by our quiet hours.
- Horseplay, dangerous driving, or other misuse of a golf cart will not be tolerated. Action that constitutes any prohibited conduct will result in loss of golf cart privileges and can be removed from the campground without refund.
- All golf carts must have proper working headlights and reflectors to be driven after dark.
- All golf carts must adhere to the 7 MPH speed limit.
- There is to be one person only for each seat on the cart. No persons should be standing on a cart while it is in motion. If your cart does not have a back seat, no one should be sitting or standing in its place while in motion.
- No golf cart, except for campground security / management, is permitted to be driven between 11:00 p.m. and sunrise.
- No visitor should drive the golf cart without reading these rules first. Please advise your guests of the 7 MPH speed limit rule. This is enforced for the safety of you, your family, your visitor(s) and your fellow campers.
- No person shall drive a golf cart without signing and returning this form to the Campground.
- Golf carts should remain on the roadway at all times.
- Golf carts must enter/exit through the inbound gate. They should never pass through the outbound gate.
- No golf cart should contain visible open alcohol containers or be operated if you are under the influence of drugs or alcohol.
Please note: Access to certain areas may be restricted at any time and for any reason at the sole discretion of the Resort or COTA, with or without prior notice.
This policy does not apply during Major Events. Golf cart usage becomes more restricted and is subject to additional rules during these times. All guests are responsible for reviewing and complying with the updated policies in effect during major events.
Satellites/Solar Panels: Satellites and solar panels are permitted if contained within the RV Site.
Wildlife: The Resort and surrounding COTA property contains a number of manmade, natural, and environmentally sensitive areas that may serve as habitats for a variety of native plants and wildlife, including, but not limited to, coyotes, alligators, insects, venomous and non-venomous snakes and other reptiles, and other animals, some of which may pose hazards to persons or pets coming in contact with them. Each Guest and every person entering the Resort (i) acknowledges that such plants and wildlife are indigenous to the area and are not restrained or restricted in their movement within or through the Resort; and (ii) assumes all risk of personal injury arising from the presence of such plants and wildlife within the Resort.
Visitors: Visitors/guests of Guests must go to the Guest Services Office to check in and obtain the required parking pass. The number of visitors may not exceed six (6) people per site at any time (inclusive of the Guests under a given reservation). Visitors/guests are the responsibility of the Guest, and each visitor/guest shall be subject to following all Resort Rules and Regulations. Guests and visitors using the Resort facilities must be accompanied by a registered Guest. Guests and visitors are not permitted to bring pets into the Resort Office, Laundry, or Bathhouse (exceptions are made pursuant to the ADA and fair housing laws as applicable).
Mail Service/Notices: The Resort does not offer mail service. Any mail delivery from the United States Postal Service will not be accepted and will be returned to sender.
Non-perishable packages delivered to the Resort via USPS, UPS and FedEx. Packages over 3’x3’x3’, heavier than 30lbs or perishable will be refused and returned to the sender. If a Guest needs special accommodation, please contact Guest Services. The Resort will not notify Guest that a package has arrived. It is up to the Guest to check for delivered packages. Anything left unclaimed after 30 days will be disposed of.
Notices from the Resort to tenants will be served at the permanent address the Guest provides upon registration and/or by hand delivery. If a Guest desires to use a different address for the delivery of notices, the Guest must advise Resort Management in writing.
Sewer/Utilities: Ground disposal of grey or black water is prohibited. Connections must be tight with a collar or donut at the sewer outlet. No formaldehyde. Guests may not alter, connect, disconnect, or repair any Resort or utility company utility service. Guests are solely responsible for service connections and related problems between the outlet provided by the Resort or the utility and Guest’s unit/RV. If a Guest plans to do any digging on the site, the Guest must first obtain Resort Management’s prior written approval so that the placement of utility lines or pipes can be staked. A sewer hose outlet elbow is required, and a water pressure regulator is strongly recommended.
Dump Station: Registered guests can utilize our onsite dump station; non-registered guests are subject to waste disposal fees.
General Conduct: Guests are responsible for their conduct and for that of their guests. Offensive or inappropriate conduct towards anyone, and/or harassment of anyone, including but not limited to other campers, guests, Resort Management, and/or employees will not be tolerated and is grounds for removal. Guests, guests, and visitors must not interfere with the management or operation of the Resort.
For the safety of the Guest, the Resort does not allow horseplay or loud. disruptive noise in the common areas. While riding scooters/bikes/skateboards, Guests and their guests must use caution and observe traffic signs/laws. Inexperienced swimmers should be accompanied by an experienced swimmer when going near the lake or lake’s edge.
Toy weapons, specifically gel guns, bb guns, and airsoft guns are not permitted at the Resort.
Modesty clause: The resort requires clothing to be worn in all public areas as well as group gathering areas (store, laundry rooms, pool area, office). See-through clothing or clothing that does not cover all private parts of the body should not be worn. Proper pool attire and swimming suits (no street wear) are required in the pool/spa area.
Smoking: Smoking of any substance is not permitted in and around the indoor Recreational Facilities, restrooms, showers houses, or pool, or within twenty (20) feet of all common areas. Vaping is not permitted in or around indoor Recreational Facilities, this includes the pool area.
The Resort does not tolerate any illegal drug possession, use, and/or sale in the Resort and is cause for immediate removal from the Resort.
Renting, Subletting or Assignment: Guests shall not sublease, rent or assign Guest’s RV, the RV Site, any rights, or interest that a Guest may have under Guest’s registration and rental agreement with the Resort.
Rule violations, conduct that disrupts other Guests, or behavior that does not promote a family-friendly atmosphere can be grounds for removal from the Resort without refund. There are no refunds issued for early departures. Additionally, the resort will not issue refunds for service disruptions, inclement weather, or other circumstance that are beyond personnel’s ability to control.
GOVERNING LAW; VENUE: This License Agreement shall be governed by and construed in accordance with the laws of the State of Texas. In the event of any action brought to enforce or declare the meaning of this Agreement, the Dispute Resolution terms below shall apply.
Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that any violation of these Terms and Conditions and/or the associated services and/or offerings may result in irreparable injury and damage to the Releasees (as defined in the Release and Waiver of Liability, Assumption of Risk, and Indemnification Agreement) that may not be adequately compensable in money damages, and for which there will be no adequate remedy at law. You, therefore, consent and agree that the Releasees may obtain injunctions, orders, or other equitable relief as may be reasonably necessary to ensure compliance with these Terms and Conditions. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or other equitable relief.
This Dispute Resolution section (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver) will survive any termination of these Terms and Conditions.
Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms and Conditions or your relationship with the Releasees, or any past, present, or future claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it is not removed or appealed to a court of general jurisdiction. Any disagreement as to whether a Dispute is within the jurisdictional limits of small claims court is for a court to decide and any arbitration shall be stayed. Dispute shall include, but not be limited to: (i) any dispute or claim that arose before the existence of these or any prior Terms of Service (including, but not limited to, claims relating to advertising); (ii) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute or claim that may arise after termination of these Terms of Service. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (i) issues that are reserved for a court in these Terms of Service; (ii) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (iii) issues that relate to the arbitrability of any Dispute. These Terms of Service and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You or the Releasees may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect rights or property pending the completion of arbitration. You and we agree that these Terms of Service evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq and federal arbitration law, not state arbitration law.
Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (i) information sufficient to identify any transaction, activity, and account at issue; (ii) contact information (including name, address, telephone number, and email address); and (iii) a detailed description of the nature and basis of the Dispute (including the date of any transaction or activity at issue) and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented) and sent pursuant to the Notice provision above. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Releasee representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.
Arbitration Procedures. If the parties cannot resolve a dispute within sixty (60) days following receipt of a completed notice of dispute, it shall be resolved by binding individual arbitration administered by the American arbitration association (“AAA”) and heard by a single, neutral arbitrator. The AAA rules will govern except as specifically modified. There are additional procedures for “mass filings.”
All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court and (2) issues related to the scope and enforceability of the arbitration provisions.
To the fullest extent permitted by applicable law, each party may bring claims against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding.
Unless both parties agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator will apply these dispute resolution terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction after all other claims and requests for relief are arbitrated.
Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to: legal.notices@thecircuit.com within 30 days of the change. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and the Releasees in accordance with this version of the arbitration agreement.
Class Action Waiver and Jury Trial Waiver.
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, YOU AND WE RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL. THIS CLASS ACTION AND JURY TRIAL WAIVER WILL SURVIVE ANY TERMINATION OF THESE TERMS OF SERVICE.
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The Resort is privately owned and RESERVES THE RIGHT TO REFUSE SERVICE to anyone for any reason except for those prohibited by law. Resort Management reserves the right to require any person or party it deems necessary to leave the Resort based on violations of Resort Rules or behavior Management deems inappropriate or disturbing to others.
Any Resort common areas and facilities are not guaranteed and such facilities may be temporarily or even permanently closed for renovations, remodeling, change in use, meetings, management use, training, maintenance, national emergencies, epidemics, pandemics, acts of God, due to force majeure, and the like, without any modification or change to the amount of rent paid pursuant to these Terms and Conditions.
The rules, regulations, and policies included in these Terms and Conditions are subject to change during Major Events. Visiting the Resort during a Major Event constitutes your agreement to be bound by any such Major Event specific rules, regulations, and policies.
[RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT FOLLOWS]
PLEASE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT COMPLETELY AND CAREFULLY BEFORE AGREEING TO THE TERMS HEREIN.
IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN (18) (“MINOR”), YOU ARE AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THE MINOR MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE
RESORT RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to enter and stay at the Resort and/or participate in any way in an Event, the undersigned, for himself, his personal representatives, heirs, and next of kin hereby:
- Releases, waives, discharges and covenants not to sue Circuit of the Americas LLC, a Delaware limited liability company, COTA Racing & Entertainment LLC, a Delaware limited liability company, COTA Yellow Brick Road LLC, a Texas limited liability company, COTA Car Condos LP, a Texas limited partnership, COTA Repairs LLC, a Texas limited liability company, COTA Catering LLC, a Texas limited liability company, Artie Kartie LLC, a Texas limited liability company and its promoters, sponsors, sponsorship partners, activation partners, advertisers, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews, rescue personnel, any persons in any Restricted Areas, owners and lessees of premises used to conduct the Event and each of their directors, officers, agents, employees, members, managers, subsidiaries, owners and affiliates, all for the purposes herein referred to as “Releasees,” from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in the death of the undersigned arising out of related to the Event including those risks related to COVID-19 whether caused by the negligence of Releasees or otherwise.
- Agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage or cost (including attorney’s fees and expert witness costs) they may incur arising out of or related to the undersigned’s injury or death, whether caused by the negligence of the Releasees or otherwise.
- ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE EVENT WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
- Acknowledges the activities of the Event, which may include driving, biking, karting or other dangerous, high speed, thrilling activities, all of which may include proximity to other participants or drivers who may lack experience and skill at the activity, are very dangerous and involve the risk of serious injury and/or death and/or property damage. The undersigned also expressly acknowledges that the injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees.
- Agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, including negligent rescue operations and is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- Grants to Circuit of the Americas LLC, CRR Hospitality LLC, and their affiliates or subsidiaries, and each of their employees, agents, assigns, event owners and sanctioning bodies (collectively “Image Licensees”) the irrevocable right to use Participant’s photograph, image, audio recording, video recording or likeness taken at the Event (collectively “Images”) in all forms and manner. The Images shall be solely owned by the Image Licensees throughout the universe in perpetuity. Participant hereby releases and waives any and all claims against the Image Licensees for the use of the Images.
- Agrees that any visual footage or audio-visual footage, data and any image, including photographic images and any still pictures derived or capable of being derived therefrom of the Event that is recorded, stored and/or created thereon (“Content”) taken by Participant may only be used for personal, private and non-commercial purposes. The use of any such Content for any form of public advertisement, display, commercial gain or for any other purpose (except for your private enjoyment) without the prior written consent of the Image Licensees is strictly forbidden and will constitute a breach of these terms and conditions for which you may be liable.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAVE AGREED TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT WITH IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.