Terms & Conditions

RENTAL AGREEMENT and CAMPGROUND POLICIES -  SHORT TERM (Nightly/Weekly)

In consideration for being permitted access to Banks Farms Campground Resort LLC d/b/a Heavenly Hills Nature Retreat (“Campground” or “Property”), as well as the facilities, services, activities, and programs of the Campground, you (“Guest”), the undersigned user and any third party on whose behalf you are signing, agree as follows:

1. General. Guest waives, releases and discharges and covenants not to sue Campground for all claims and liability for personal injury, accidents, property damage, and any other claim arising out of or in connection with Guests’ use of the Campground. Guest agrees to defend, indemnify, and hold harmless Campground from all losses, claims, expenses and demands, including attorneys’ fees, that Campground may incur arising out of or in connection with Guests’ use of the Campground. Campground is not responsible for personal injuries or damage, loss or theft of any personal property or vehicle. Guests are responsible for any damage or injury caused by themselves, their children and/or pets. Campground adheres to and maintains all state, county, and local laws on the property.
2. Hours:             Check In is between 2 p.m. and 7 p.m.,              Check Out is by 11 a.m.                     Quiet time is 9 p.m. to 8 a.m.  If you would like special accommodations, please call the office to see if we have availability.
3. Payments. The full amount must be paid, either by credit card or in cash, prior to commencing any activity or stay at the Campground. If Guest overstays the rental agreement, Guest will be charged a daily rate for each date of holding over based on the current rate. If the Guest extends the initial reservation, they will be billed based upon the current rate. If Guest ceases to pay for a period of 1 day, there will be a late fee of $25 per day and removal proceedings may commence.
4. Cancellation Policy. Reservations cancelled more than 30 days in advance of arrival will incur a $25 fee. Reservations cancelled between 14 and 30 days in advance of arrival will incur a fee of 50% of the reservation stay.  Reservations cancelled less than 14 days before arrival will forfeit a refund of any kind.
5. Deposit. One night’s stay deposit is required prior to commencement of stay on Campground for incidentals. Deposit will be refunded upon inspection at departure if premises are left in the condition received.
6. No Refunds. Other than in adherence with the above cancellation policy, there will be no refunds of any other kind under any circumstances, including but not limited to, eviction/removal of Guest due to not abiding by the agreement and the rules, changes in weather conditions, or inclement weather. 
7. Card on File. A valid credit card must always be on file with the office. Credit card information is stored on an encrypted computer system and is not visually available to office staff nor provided to anyone at any time. Guest is required to contact the office if a new card needs to be put on file. 
8. Insufficient Funds. Guest agrees to pay a charge of $10 for each time the Credit Card on file is “declined”. If declined, the Campground will attempt to notify the Guest. The Campground is not liable for late rent or late fees due to insufficient funds, invalid card on file, or any other reason a transaction may be “declined”. 
9. Early Termination. If Guest chooses to terminate Rental Agreement prior to scheduled end date, a written notice must be turned in directly to management in the office immediately. Guest is responsible for rent and all applicable fees through the end of the month. Any rent or fees that have been paid in advance, or earlier than the scheduled due date, will not be refunded for an early departure and there will be no proration. 
10. Cabins. No more than 4 people per cabin. The cabin and site are to be left in the same condition as received. The cabin and all items inside are to be left exactly as they were at arrival. All items inside the cabin are to be accounted for. You will be charged for any broken or missing items or damage to the cabin. Towels, and linens are provided, and will be changed only after your departure, we do not provide daily maid service. There is a one-time $25 cleaning fee for the duration of your stay. If there is a need for any extra or excessive cleaning upon your departure, you will be charged a minimum of $50; the charge may be more depending on the nature of the mess and/or damage. Smoking is NOT allowed.
11. Pets in Cabin. There is a $20 pet fee, per night, per pet if staying under 7 days. Stays of 7 days or longer incur a $100 a week pet fee, per week, per pet. Stays of 4 weeks or long incur a $150 pet fee, per month, per pet. No more than two pets are allowed per cabin, unless prior approval received. The owner of the pets must clean up after each pet and is responsible for any pet actions. Pets must be fully house trained when staying in a cabin. Pets are not allowed on the bedding. Pets are never to be left unattended without first placing him or her in a kennel/crate. Please make sure you provide your pet with water and food. Failure to properly clean up after your pet may result in an additional charge of no less than $25 to be charged to the credit/debit card used to hold the reservation. Instances of pet charges include, but not limited to, excess pet fur in the cabin, damage to property, lingering odors, etc. Absolutely NO pit bulls, rottweilers, chow chows, or akitas are allowed on the property due to Campground and insurance regulations.
12. Tent Site. No more than 6 people per tent site. The tent site is to be left in the same condition as received. You will be charged for any damage to the tent site, including but not limited to, damage to the ground. No air conditioning or heating units allowed in tents for your safety. Same policy as above for pets applies for pets at tent sites, with the exception of the fees; there will be no fees for pets at tent sites.
13. RV Camper Lodging. Occupancy limit depends on the RV camper. The RV camper and site are to be left in the same condition as received. The RV camper and all items inside are to be left exactly as they were at arrival. All items inside the RV camper are to be accounted for. You will be charged for any broken or missing items or damage to the RV camper. You are responsible for understanding how many amps you are using, in adherence to your RV camper and RV camper agreement. Amp usage over 50 AMPs can trip your breaker. Please be mindful of your amp usage, so that you don’t trip your breaker during your stay. Notify the office if you have any electrical issues during your stay. Guests are not permitted to diagnose our electrical pedestals per insurance and safety requirements. NO pets are allowed in the RV camper and NO smoking.

 

MONTHLY RENTAL AGREEMENT and CAMPGROUND POLICIES

This legally binding Rental Agreement is an enforceable contract between you, the undersigned user (collectively, “Guest” or “You”), and Banks Farms Campground Resort LLC d/b/a Heavenly Hills Nature Retreat (the “Campground” or “Property”), including Campground employees, agents, officers, directors, insurance carriers, and other persons and entities (“Employees”). “Guest” includes any third party on whose behalf you are signing.

The rules and regulations listed below apply to those who stay on the Campground on a long-term contractual basis and are in addition to the rules and policies stated in the Campground’s standard Agreement. In consideration for being permitted access to the Campground, as well as the facilities, services, activities, and programs of the Campground, Guest agrees as follows:

Rental Charges and Rules

1. General. Guest waives, releases and discharges and covenants not to sue Campground for all claims and liability for personal injury, accidents, property damage, and any other claim arising out of or in connection with Guests’ use of the Campground. Guest agrees to defend, indemnify, and hold harmless Campground from all losses, claims, expenses and demands, including attorneys’ fees, that Campground may incur arising out of or in connection with Guests’ use of the Campground. Campground is not responsible for personal injuries or damage, loss or theft of any personal property or vehicle. Guests are responsible for any damage or injury caused by themselves, their children and/or pets. Campground adheres to and maintains all state, county, and local laws on the property.
2. Hours. Check In is between 2 p.m. and 7 p.m., Check Out is by 11 a.m. Quiet time is 9 p.m. to 8 a.m. If you would like special accommodations, please call the office to see if we have availability.
3. Payments. Guest agrees to pay the above listed cost monthly (first through last day of the month) upon signing this contract. All rental payments are due the first of each month and will continue month-to-month. Guest’s card will be automatically charged on the first of each month. If Guest chooses to pay with cash, or money order, the payment must be received in person by an office employee prior to the first of the month. If Guest overstays the rental agreement, Guest will be charged a daily rate for each date of holding over based on the current rate. 
4. Electrical Use. Guest agrees to pay for their own electric use based on Guest’s site meter reading before the 3rd of each month for the previous month. If electric use is included in rent, then Guest agrees to pay $50 golf cart fee for each electric Golf Cart. If electric or golf cart fee is not paid by the 3rd of the month, then $25.00 Utility Late Fee is applied each month the payment is late. Guest agrees that Campground can disconnect electric if there is any outstanding balance(s) for 5 or more days.THIS AGREEMENT HEREBY SERVES AS DISCONNECTION NOTICE AND NO FURTHER NOTICES ARE REQUIRED. 
5. Late Fee/Failure to Pay. Rent is due the first of each month. There will be a late fee of $75 for payments that are more than 3 days past due. All late fees become part of the rent. If payments are more than 5 calendar days late, Guest will be considered in breach of the Rental Agreement. Once in breach of Monthly Rental Agreement, monthly rates are no longer in effect and charges for every day occur according to Campground’s daily rates which are based on current season and occupancy rate.  The Daily Rates become effective from the 1st of the month in which the Agreement was breached (monthly rates are voided accordingly started the 1st of the month in which the Agreement was breached).    Guest agrees, if there is any outstanding balance(s) more than 5 days past due, Campground can and will hold Guest’s RV until such balances are satisfied. Guest understands and agrees that their camper and personal property shall not leave Campground premises, (it will remain on Campground premises until the outstanding balance is paid in full). This includes, but is not limited to: decks, porches, awnings, sheds, tools, etc. Furthermore,  if outstanding balance is not paid in full within 7 days, Guest agrees to turn over the possession of the properties stated above to the Campground and Campground will assume the ownership of any and all RVs, campers, decks, awnings and other said personal property to cover losses and expenses. Guest agrees Campground can move said property from the site to the holding area until the judgment received and Guest will hold Campground NOT liable for any damages or losses caused in a moving process.   Guest agrees that Campground can disconnect electric and water if there is any outstanding balance(s) for 5 or more days. THIS AGREEMENT HEREBY SERVES AS DISCONNECTION NOTICE AND NO FURTHER NOTICES ARE REQUIRED.  
6. Security/Incidental Deposit. A security deposit equal to one month’s rent and a $300 incidental deposit are required and due upfront. The deposit(s) will be refundable at the end of the Guest’s stay and termination of the Agreement only if the site, cabin or rented RV/camper is left in the same condition as received. The Campground may use part or all of the deposit to repair any damage to the premises, site, cabin, or RV/camper caused by Guest, Guest’s family, guests and visitors. Campground is not limited to the deposit(s) amount and the Guest remains liable for any balance owed after the deposit(s) has been applied to damage, repair, or replacement costs. Guest shall not apply or deduct any portion of any deposit from the last or any month’s rent. Guest shall not apply any such deposit at any time in lieu of payment of rent. If Guest breaches any terms or conditions of this Agreement, Guest shall forfeit the security and/or incidental deposit. If any or all rent is not paid upon departure, Guest forfeits the deposit(s). Allow up to 14 working days from Guest departure for the deposit(s) to be refunded to the Guest. 
7. Cancellation Policy. Reservations cancelled more than 30 days in advance of arrival will incur a $25 fee. Reservations cancelled between 14 and 30 days in advance of arrival will incur a fee of 50% of the reservation stay.  Reservations cancelled less than 14 days before arrival will forfeit a refund of ay kind.
8. Refunds. There will be no refunds of any kind under any circumstances, including but not limited to, eviction (asking to leave)  of Guest due to not abiding by the Agreement and the rules, changes in weather conditions, or inclement weather. Guest realizes that there will be times that the weather will not be suitable for camping, however, Guest will still be responsible for rental payments during the entire time of this contract.
9. Card on File: A valid credit card must always be on file with the office. Credit card information is stored on an encrypted computer system and is not visually available to office staff nor provided to anyone at any time. Guest is required to contact the office if a new card needs to be put on file. 
10. Insufficient Funds. Guest agrees to pay a charge of $10 for each time the Credit Card on file is “declined”. If declined, the Campground will attempt to notify the Guest. The Campground is not liable for late rent or late fees due to insufficient funds, invalid card on file, or any other reason a transaction may be “declined”. 
11. Early Termination. If Guest chooses to terminate Rental Agreement prior to scheduled end date, a written notice must be turned in directly to management in the office immediately. Guest is responsible for rent and all applicable fees through the end of the month. Any rent or fees that have been paid in advance, or earlier than the scheduled due date, will not be refunded for an early departure and there will be no proration.
12. Violations. If Guest fails to perform or fulfill any obligation under this Agreement or abide with the Campground rules and policies set forth above and below, Guest shall be in violation of this Agreement. Guest shall have 14 days from the date of notice of the violation by the Campground to cure the violation. In the event the Guest does not cure the violation, Campground will initiate eviction proceedings. The failure of Guest’s family, guests and visitors to comply with any term of this Agreement is grounds for termination of the Agreement and eviction proceedings. 
13. Assignment and SubAgreement. Guest shall not assign or sublease any interest in this Rental Agreement without prior written consent of the Campground, which consent shall not be unreasonably withheld. Any assignment or sublease without Campground’s written prior consent shall, at Campground’s option, terminate this Agreement and result in immediate eviction. 
14. Abandonment. If the Guest abandons the premises and site for more than 30 days, during the term of this Rental Agreement, and has not contacted the Campground management during that time and the Campground is unable to get in contact with the Guest, the Campground may, at its discretion, terminate the Agreement and dispose of all abandoned personal property of the Guest.
15. Holding Over. If the Guest stays past the term end date, the Rental Agreement will convert to a daily rate which is based on the current season and occupancy rate, The Guest will continue to owe rent until the property is vacated. 
16. Modification. Campground reserves the right to end or modify the Rental Agreement with a written notice at any time during the duration of the term. 

 

 RV SITES RULES and POLICIES for ALL GUESTS  

1. Site Condition. Guest agrees to leave the site in the same condition as received. Guest will be charged for any damage to the site. Guest agrees to keep the site clean, neat, and mowed at all times. Guest will not leave unsightly garbage or trash lying around. A notice will be given if Guest does not keep their site mowed or keep their site clean. If the violation is not remedied after 2 days, Guest will be charged a $45 mowing fee and/or a $15 a day un-cleanness fee. Guest agrees to put their garbage in the dumpster provided on the Campground. Washing RVs or vehicles is only permitted with hose washing or buckets of water and a sponge, no pressure washing is allowed. Long term guests are allowed to wash their RVs no more than twice a year with a pressure washer without an additional charges. No campers/RVs should leave the site without removing all personal staff and garbage/trash. The pre-paid site is not to be used for keeping personal items or garbage on it; once the camper is moved, everything else should be moved along with the camper and the site should be left empty and clean. If the site is not in the condition described above, after the camper moved, Guest forfeits the security and/or incidental deposit and gives Campground permission to remove everything for additional charge of $250.00.
2. Improvements. Any improvements to the site can only be made with prior Campground approval in writing. Improvements to the site include, but are not limited to, porches, decks, awnings, etc. A $500 refundable deposit must be paid to the Campground upon approval and prior to the commencement of any improvement to the site. The deposit will be refunded at the termination of the Agreement and the end of the Guest’s stay on the Campground ONLY if the improvement/structure is properly removed and the site is returned to the same condition as it was received. 
3. Electrical Use. Guest agrees to turn off all electrical air conditioners and other electric appliances that are not necessary to help in the control of excessive power usage. There will be an additional charge of $50.00 to the Guest for air conditioners or heaters left on while not camping for each occurrence. 
4. AMPs. Guest is responsible for understanding how many amps they are using, in adherence to their RV/camper and Rental Agreement. Amp usage over 50 AMPs can trip your breaker. Please be mindful of your amp usage, so that you don’t trip your breaker during your stay. Please notify the office so that we can notify maintenance if you have any electrical issues during your stay. Guests are not permitted to diagnose our electrical pedestals per insurance and safety requirements. Even if you are an electrician, laws prohibit you from working on our pedestals unless hired to do so.
5. Water and Sewer. Water main to RV/camper site must be shut off at the end of each stay.  All sewer connections must utilize a sewer donut or screw type connector. Water will not be turned on during the winter unless you have a heated hose. We recommend winterizing your RV/camper during the winter months if no-one is staying in it. Guest agrees that Campground can disconnect water if there is any outstanding balance(s) for 5 or more days. THIS AGREEMENT HEREBY SERVES AS DISCONNECTION NOTICE AND NO FURTHER NOTICES ARE REQUIRED.  
6. Visitors. All visitors must sign in at the office and sign a waiver of liability. Guests are responsible for ensuring visitors have checked in and signed the waiver, and are adhering to all of the rules, policies, and procedures for the duration of their stay. Guests are allowed up to 4 day visitors at a time. Bigger parties will be allowed for special events with prior Campground approval. Day visitors must depart by 9pm. Please be mindful of number of visitors, duration, and frequency of visitors to your site. Campground reserves the right to limit visitor access.
7. Overnight Visitors. All overnight visitors must sign in at the office and sign a waiver of liability. Guests are responsible for ensuring overnight visitors have checked in and signed the waiver, and are adhering to all of the rules, policies, and procedures for the duration of their stay. Overnight visitors are allowed for a maximum of two nights stay at a time. Maximum of two overnight visitors are allowed at a time. Bigger parties will be allowed for special events with prior Campground approval. Please be mindful of number of overnight visitors, duration, and frequency of overnight guests to your site. Campground reserves the right to limit overnight visitor access.
8. Occupancy. Rates are based on 2 adults and 2 children, one camping unit and one vehicle. Campground must be notified in writing within 3 days of any change to occupancy (addition of persons or animals). 
9. Parking and Vehicles: Speed limit for all vehicles is 5 mph throughout the Campground. There is no driving or parking on the grass. All vehicles must be registered with the office and listed above. All vehicles, and RVs entering the park must be properly licensed and insured. Please do not park your vehicle, trailer, or boat in an adjacent site. Use of more than one site will result in additional charges. Campground reserves the right to approve all units to be accommodated at the park. Maximum of two vehicles per site
10. Pets in RV Site:  Pets must be approved by the Campground prior to the term start date of the Rental Agreement. No more than two pets are allowed per site, unless received prior approval from Campground. Dogs need to be leashed and are not allowed in buildings such as lobby, laundry, or restrooms. Excessive barking and/or aggressive behavior will not be tolerated. Aggressive pets will be asked to leave the park immediately. The owner of the pet must clean up after each pet and is responsible for any pet actions. Pets are never to be left unattended without first placing him or her in a kennel/crate. Please make sure you provide your pet with water and food. Failure to properly clean up after your pet may result in an additional charge of no less than $25 to be charged to the credit/debit card. Instances of pet charges include, but not limited to, damage to property and/or site, lingering odors, etc. Absolutely NO Pit Bulls, Rottweilers, Chow Chows, or Akitas are allowed on the property due to Campground and insurance regulations.
11. Cleaning Fee: If there is a need for any extra or excessive cleaning upon your departure, you will be charged an additional minimum fee of $50; the charge may be more depending on the nature of the mess and/or damage.
12. Smoking: Smoking is NOT allowed in any of our buildings, including the laundry room, office, or gathering room and at the playground and swimming pool. Please be respectful around other campers and children throughout the campground. 
13. Evictions. The Campground reserves the right to ask to leave or to evict Guest for any cause that is a violation of the Campground rules, a violation of the  Agreement, is damaging to the reputation of the Campground, or physically damaging to the property, for non-payment, or any other reason. If Guest does not cure the violation, eviction proceedings will commence.
14. Possession and Surrender of Premises and Site. Guest shall be entitled to possession of the Premises and Site on the agreed check in day. At the expiration of this Rental Agreement, Guest shall peaceably surrender the Premises and Site to the Campground in the condition it was received.
15. Access to Premises and Inspections. Campground management may access the site if it is during reasonable hours inspect the site, make necessary repairs or improvements, supply necessary or agreed upon services, make sure Guest is complying with the Agreement, or perform an inspection prior to approving renewal of a new Rental Agreement. In the case of an emergency, Campground management can enter the cabin/RV Camper/site without notice. It is considered an emergency if: there is good reason to believe that the unit is on fire on the premises, there is an urgent maintenance problem that can damage the property (such as a burst water pipe or water leak), or there is reason to believe any Guest occupying the property is in danger, has been harmed in any way, or needs emergency assistance.
16. Severability. If one portion of the Rental Agreement is ruled invalid in court, the rest of the Agreement is still upheld. 
17. Resolution of Problems. Guest will come to the Campground and management if there is a problem. 

 

GENERAL CAMPGROUND RULES, POLICIES and PROCEDURES for  ALL GUESTS 

The following rules were established to maintain high standards of cleanliness, safety, and maintenance, with a “Good Neighbor Policy” in mind. Since every contingency cannot be covered in a set of rules, from time to time, modification may be necessary. Your compliance is very much appreciated and will ensure a pleasant stay for all guests. 

 

1. Office Hours. Office hours are posted on the office door.  Hours may vary during holidays, seasons, and special events and are subject to change.  Mail may be picked up and dropped off at the office.
2. Quiet Hours. Quiet hours are from 9 p.m. to 8 a.m.
3. Legal Age. Guest must be 18 years or older to rent the cabin, tent site, RV camper, or RV site. Anyone under the age of 18 must be accompanied by an adult at all times.  Supervision of children by adults are required everywhere in the park at all times.
4. Swimming Pool. There is no lifeguard on duty in the pool area and you must swim at your own risk. Children under 18 years of age MUST be accompanied by an adult. The pool closes at dark or 9 p.m., whichever comes first.  No diving into the pool. No glass containers of any kind and no alcohol is allowed inside the pool area. Food is not permitted inside the pool itself.
5. Parking and Vehicles. Speed limit for all vehicles is 5 mph throughout the Campground. There is no driving or parking on the grass.  All vehicles must be registered with the office and listed above. All vehicles, and RVs entering the park must be properly licensed and insured. Please do not park your vehicle, trailer, or boat in an adjacent site. Use of more than one site will result in additional charges. Campground reserves the right to approve all units to be accommodated at the park. Maximum of two vehicles per site.
6. River. The Nolichucky River is not privately owned, and the Campground assumes and accepts no responsibility for any damages to person or property while staying on Campground. Anytime you enter the river, you do so at your own risk. Enter, swim, fish, boat, play, and float at your own risk.
7. Wildlife. Remember, you are camping out in nature and wildlife is all around you. You may encounter insects, wild animals, bears, possums, raccoons, deer, squirrels, snakes, and other animals. Please use reasonable judgement with respect to wild life and do not approach, provoke, or chase the animals.
8. Alcohol. Please drink responsibly. Drunk and disorderly conduct will not be tolerated. All alcohol needs to be in a cup or coozy. It is strictly prohibited to offer or share with campground employees any substance that causes impairments, such as alcohol and drugs at any time.
9. Bathhouse. For the comfort of all our Guests, restrooms are open 24/7 with exception of a temporary closing for cleaning/maintenance. We ask for your help in keeping the restrooms clean, please. Guests under the age of 18 need adult supervision in the bathrooms and showers. Please do not flush anything in toilets other than toilet paper that is provided.
10. Laundry. The laundry room is open 24 hours. Please do not leave your laundry unattended. We are not responsible for accidents or theft.
11. Trash Disposal. Please use the garbage can for all garbage disposal. Do not leave garbage on top of the can, do not overfill the garbage container, and do not throw garbage on the floor. A dumpster is provided on the campground if needed. Do not dispose of wires, oil, furniture, mattresses, or any toxic waste or chemicals in our trash cans. The site is to remain clean at all times.
12. Fire pits. Fires must be in designated pits/rings only, NEVER on grass or on the ground; open fires are not allowed. Do not leave any fire/grill unattended. Move all leaves and flammable items from beneath and around the grill/fire pit. Have water handy while grilling to control small flare ups in and around the grill/fire pit. Never use lighter fluid, gasoline, or large amounts of paper to start or continue the fire.
13. Photographs. Guest consents to any photographs, videos, or audio recordings taken of Guest during their stay and/or visit at Campground and the Property. Any such photographs, video, or audio recordings shall be granted to the Campground for use and ownership.
14. Security. Guest understands that the Campground has no/limited security for Guests, the Campground, the premises, or the site. Guest releases the Campground from any loss, damage, claim, or injury resulting from the lack of available security. Guest is to call 911 should any emergency arise. 
15. Miscellaneous. No fireworks on the Campground. No firearms, bb guns, pellet guns, air rifles, slingshots, dart guns, bow & arrows or hunting allowed on premises. No littering. Do not cut trees for firewood or any other reason. $250 fee will apply for cutting any trees on the property. No outdoor/portable showers or toilets on the Campground. Maintenance on RV’s or vehicles on property is not allowed. The use of any paint products or chemicals is prohibited. No outdoor electrical units, i.e. refrigerators, freezers, and air conditioning or heat units. No clotheslines, screen houses, or tents allowed on RV site. Campground reserves the right to change or add any rules, policies, or procedures at any time without prior notice. 
16. Campground reserves the right to ask to leave or to evict any Guest, without refund, should they not abide by the rules and policies of the Campground, the Agreement, or the waiver of liability and release Agreement, or for any other reason. If any Guest is asked to leave for any reason or is evicted, they must leave the property immediately. Any rude behavior, public intoxication, nudity or vulgar language will result in immediate removal from the park. Anyone causing any problems or any type of disturbance will be told to leave, without refund. 

        

RELEASE, WAIVER OF LIABILITY, AND HOLD HARMLESS AGREEMENT Banks Farms Campground Resort LLC (d/b/a Heavenly Hills Nature Retreat)

Notice: This legally binding release, waiver of liability and hold harmless agreement is an enforceable contract between you, the undersigned user (collectively, “Guest” or "Camper"), and Banks Farms Campground Resort LLC d/b/a Heavenly Hills Nature Retreat (the “Campground” or “Property”), including Campground employees, agents, officers, directors, insurance carriers, and other persons and entities (“Employees”). “Guest” includes any third party on whose behalf you are signing. 

Guest recognizes that there are inherent risks involved in camping and camping activities and programs, that cannot be eliminated, particularly in a wilderness environment. Use of or participation in Campground activities and/or facilities creates risks that may result in injury and loss potentially arising from the action, inaction, conduct, or negligence by Guest, the Campground, or others; the rules of play; adverse weather conditions; or the condition of the Campground or equipment. Guest voluntarily, freely, and willfully assumes such risks associated with Guest’s intentional and actual use of Campground, the Property, and its facilities, and activities, despite the harm that may result. Guest has a duty to exercise reasonable care for Guest’s own safety and the safety of those for whom Guest is responsible. Guest is responsible for requesting, reading, and complying with Campground rules and policies, which are subject to change. Non-compliance may result in the denial of entry, participation, or use of the Campground and Property, at the Campground or Employees’ discretion. LEGAL ADVICE prior to signing should be sought if anything on this document is not understood.

In consideration for being permitted access to the Campground, as well as the facilities, services, activities, and programs of the Campground, Guest agrees as follows: 

1. Release from Liability. Guest RELEASES, WAIVES, DISCHARGES, and COVENANTS NOT TO SUE the Campground or Employees, from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, injury or death, and claims of stolen or damaged property, virus or illness, including COVID-19, allergic reactions, bug or insect bites, and anything else that may be sustained by Guest or any property belonging to Guest, while the Guest is in or upon the Campground, the Property, and/or participating in any Campground activity, whether caused by the negligence of the Campground or otherwise, except for those claims arising from the gross negligence or willful misconduct of the Campground.
2. Indemnification. Guest agrees to INDEMNIFY AND HOLD HARMLESS the Campground and Employees from any loss, liability, damage, or costs, including court costs and reasonable attorneys’ fees, that Campground may incur from Guest’s presence in or upon the Campground, Property, and/or participation in Campground activities, including, but not limited to, any and all damages, loss, theft or destruction of personal property or vehicle or any damages attributable to any defect in design or manufacturer of equipment or structures on the Property, except for claims arising from the gross negligence or willful misconduct of the Campground. Release and indemnification includes all damages which Guest may negligently or intentionally cause to third parties on Campground. Guest assumes full responsibility and legal liability, including reasonable attorneys’ fees, for such claims.
3. Damages or Losses. Guest is fully and solely responsible for any of Guest’s property and personal belongings that Guest brings onto the Property and that Campground will not be responsible for or provide any security for such belongings. Guest assumes liability and/or responsibility for any acts of any third person, including, but not limited to, other Guests, campers or their guests of the Campground.
4. Warranty of Physical Fitness. Guest warrants that Guest is physically fit and in a condition that will allow Guest to participate fully in any Campground activity. Guest understands that the campground has not made, nor will make, any investigation into Guest’s physical fitness or ability to participate, and the Campground is relying on Guest’s warranty of physical condition. 
5. Medical Treatment. If an accident occurs, Guest becomes ill, or injured during use or stay on the Campground, Guest consents to medical treatment. Guest will not be provided medical insurance benefits and Guest assumes full responsibility for payments of medical expenses not covered by Guest’s insurance incurred as a result of Guest’s presence and participation in Campground.
6. Photographs. Guest consents to any photographs, videos, or audio recordings taken of Guest during their stay and/or visit at Campground and the Property. Any such photographs, video, or audio recordings shall be granted to the Campground for use and ownership.
7. River. Guest understands that the Nolichucky River is not privately owned, and the Campground assumes and accepts no responsibility for any damages to person or property while staying on Campground. Anytime Guest enters the river, Guest does so at their own risk.
8. Swimming Pool. Guest understands that there is no lifeguard on duty in the pool area and Guest must swim at their own risk. A minimum of one adult 18 years of age or older must be present whenever this swimming facility is in use, children under 18 years of age MUST be accompanied by an adult. No diving or jumping into the pool. No glass containers of any kind are allowed inside the pool area.
9. Pets. Guest’s signature confirms that they have a valid rabies certificate for any pets in their party.
10. Animals on Property. Guest will not enter the petting zoo area unless accompanied by an Employee. Guest may not ride or attempt to ride any horse on or at the Campground or enter the stables/corral area, unless Gues is an owner of the horse stabled on the Property or is accompanied by an Employee. The Campground will not be held liable for injuries arising from non-compliance. 
11. Representation. Guest acknowledges that the Campground makes no representation as to the condition of the Campground, Property, facilities, and/or activities, or the safety of any structures or equipment. Guest accepts and shall use the Campground, Property, facilities, and/or activities in their “AS IS” condition. Guest is not relying on any representation or statement by Campground except to the extent such representations are expressly set forth in this Agreement.
12. Notification. Guest shall promptly notify the Campground of any and all accidents and incidents occurring on the Campground, Property and/or involving any Campground activity. Guest shall provide full details concerning the damage or incident. Guest shall forward to the Campground a copy of every Demand, Notice, Summons, or other Process received in connection with any and all claims, suits, or other legal proceedings resulting from any incident or damage on or to the Campground.
13. Intent. It is Guest’s express intent that this Agreement shall bind any minors attending with Guest, the members of Guest’s family and spouse (if any), estate, heirs, administrators, assigns, and personal representatives. Guest agrees that this Agreement and any claim arising from therein shall be construed in accordance with the laws of the State of Tennessee. This Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Tennessee. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby. There are no oral agreements, and this Agreement constitutes the entire agreement between the parties.
14. Non-compliance. The Campground will not be held liable for damages, losses and/or injuries arising from non-compliance. 

My signature below confirms that I am at least 18 years of age, am fully competent, have carefully read and fully understood the effect of relinquishing the above stated rights, agree to abide by all rules and policies at the Campground, agree to be fully bound by this Agreement and voluntarily sign this this Agreement without any inducement. I understand that prior to signing this agreement, I had the opportunity to consult with an attorney to review this agreement if I had so chosen.