LA BONITA RV PARK, LICENSE RELEASE AND INDEMNITY AGREEMENT

Welcome to La Bonita RV Park. We are glad you have chosen our RV Park for your visit and want to ensure that your expectations are compatible with ours.

The undersigned and all members of his/her party, hereinafter referred to as “Licensee” acknowledges RELEASE OF LIABILITY through this License, Release, and Indemnity Agreement (“the Agreement”), and wishes to utilize and enjoy certain real property located in Madison County, Nebraska owned by La Bonita RV Park (“Owner”). For good and valuable consideration, the receipt and sufficient of which is hereby acknowledged, Owner grants a non-exclusive, temporary, and revocable license to Licensee to enter upon real property located in Madison County, Nebraska operated by Owner as an RV Park subject to the terms and conditions set forth below.

Licensee is aware that outdoor activities and the use of any equipment, shelter, or other facilities (including, for example, use of outdoor activity equipment, cabins, campfires, pavilions and grills) can be hazardous. Licensee is also aware that natural occurrences (such as lightning, high winds, rainstorms, and flash floods) and wildlife (such as pigs, poisonous snakes, and harmful insects) can be unpredictable and dangerous. Licensees should take all precautions to keep their possessions safe, i.e. locks on trailers, bikes, etc. Park is not responsible in cases of theft or damage to possessions at RV site or in storage areas or overflow parking area.

Licensee is aware that Park is not responsible for any loss due to fire, windstorm, flood, accident or theft. The Park does not maintain insurance on the property, trailers, contents, etc. of the Licensee or their guests.

Licensee acknowledges that Licensee has read and will adhere to these terms and further agrees to abide by any rules or regulations and to follow any guidelines or instructions that the owners, members, managers, officers, and/or operators of La Bonita RV Park, may provide orally or in writing. Licensee also understands that Licensee can be asked to leave the property, without refund, for failure to follow the stated rules and policies. A copy of which is posted at La Bonita RV Park.

Licensee understands that adhering to rules, regulations, guidelines, or instructions does not guarantee Licensee’s safety. Licensee hereby assumes all risks of injury, loss of life, and damage to persons or property (including pets). Licensee further releases, indemnifies, and holds harmless the Owner as well as the Owner’s, members, managers, officers, and employees or operators, from and against any and all liabilities, claims, demands, costs, losses, expenses, or compensation of whatever nature in connection with any loss, damage, or injuries to persons and property caused or sustained by Licensee, or members of Licensee’s party including pets.

Licensee assumes all risks and responsibilities for the safety and well-being of all minor child(ren) and is entering into this Agreement on behalf of such minor child(ren). Additionally, Licensee understands that by signing this Agreement, all adults in Licensee’s party, either day or night guests, shall abide by the stated rules, and Licensee will be responsible for their actions. Further, Licensee shall disclose all animals in Licensee’s party, provide proof of rabies shots for each, and shall be completely responsible for the actions of such animals.

Licensee acknowledges that if Licensee’s RV is being stored at La Bonita RV Park even if Licensee is not physically present at the Park the terms of this Agreement still apply. La Bonita RV Park is a travel park offering camping on a temporary basis, NOT a residential community. This document provides Licensee with a revocable temporary license to access the real property, which may be revoked at any time for any reason. Additionally, Licensee agrees to maintain a separate permanent residence address for the duration of Licensee’s stay. This license does not create a tenancy or residency or any other real property right in favor of the Licensee.

Licensee’s signature signifies that Licensee has read and understands the above and agrees to pay for all reserved and used site fees or site damages with the credit/debit card on hold or cash. Licensee’s signature below confirms that Licensee has read and agrees to abide by all rules and policies at La Bonita RV Park, including any special rules enacted in cases of emergencies, verbal or written.

In the event Licensee becomes incapacitated or is unable to give instructions or otherwise make Licensee’s wishes known, Licensee gives the Owner and any of its agents, representatives, or other persons acting on its behalf, full power and authority to make any decisions, contact any persons, or otherwise perform any actions that they may deem necessary and appropriate under the circumstances. Licensee specifically understands and acknowledges that Licensees giving of such authority does not create any obligation on the Owner to make any decisions, contact any persons, or otherwise perform any actions on Licensee’s behalf. Licensee hereby releases, indemnifies, and holds harmless the Owner from and against any and all liabilities, claims, demands, costs, losses, expenses, or compensation of whatever nature in connection with any action taken or not taken on Licensee’s behalf.

This License, Release, and Indemnity Agreement is binding for Licensee, Licensee’s heirs, agents, personal representatives, successors, assigns, and other persons acting or purporting to act on Licensee’s behalf. Licensee or Licensee’s estate will reimburse the Owner for any and all costs and attorneys' fees in defending any lawsuits or claims filed by the Owner or the Owner’s representative. This license for an RV site is in effect from the arrival date listed on the “confirmation/acceptance of terms” email for the length of the entire stay. Licensee agrees to comply with all the policies and regulations set forth by the Owner including but not limited to the following:

CHECK IN starts at 1PM.

CHECK OUT is at noon. All personal items must be removed from the site when you depart. Guests will be charged a $50 site clean up fee (on their credit card on file) if personal items or trash are left on the site. If you leave the property without settling your fees due, either site or electric, we reserve the right to immediately charge your designated payment method for all fees, expenses or damages. You will be emailed a receipt to your address on record.

PET POLICY: IF your pet/animal is approved and/or registered with the RV Park it may remain but Licensee is responsible for their behavior, waste, and noise level. A max of three pets are permitted. Pet waste must be picked up. Violators will be fined $25 and after the 2nd violation will be asked to leave the park.

a. Licensee agrees to clean up after his or her pet/animal and to be considerate of other RV park Licensees. Licensee is liable for any damage or injury caused by his or her pet/animal, including charges for not picking up their dogs’ poo as seen on Park video cameras or by staff or guests

b. Pets must be on a hand-held leash (NOT TIED OUT IN THE YARD- according to local law) at all times. Watch your pet and keep them leashed at all times while outside

c. Pets must not be left unattended outside the RV at any time.

d. No outdoor kennels, tie out leashes, fences or dog houses permitted.

e. No aggressive dogs allowed, park’s discretion. Due to the insurance terms and the fact that many are fearful of large animals, La Bonita RV Park LLC does not allow ANY variation of Pitbull, Staffordshire Terrier, American Bulldog, Dobermans, Rottweilers, or more than 3 dogs per site. Aggressive pets (or those perceived to be such) may lead to termination of stay in the RV Park. Any Licensee with a dog breed who shows aggression OR one of the aforementioned breeds will prevent you from registering into the Park.

f. Please watch your dogs closely in the park so you notice where they leave poo so you can pick it up. Please be respectful of others especially if your dog is large or appears unfriendly.

g. An unregistered pet/animal is grounds for immediate removal of the animal if it cannot be approved in accord with RV Parks terms for pets/animals. This may include departure of Licensee in some cases. Excessive barking, not picking up after a dog or any signs of aggression will not be tolerated. Owners of loose or annoying pets are in breach of their license and will lose their pet privilege or must vacate. Visitors to your site are not permitted to bring pets.

h. Upon reservation, Licensees must show verification (digital/texted photo is acceptable) that their animals have up to date vaccinations.

Although the same policies apply we welcome all well-behaved service animals.

MAIL: Feel free to get a post office box. This address cannot be used for bills, official documents like licenses, insurance, business or work related letters, titles or with civil authorities. Any mail that falls under these categories will be returned to the post office.

RATES: Site Fees are due in advance or on due date by credit or debit card only. ANY past due balance will start accruing a $5 per day late fee starting the 6th day after your due date. If an extended stay Licensee, you may overstay your intended month of departure - if site is available-at the current weekly, nightly or monthly rates, whichever applies. Rates quoted or charged upon reservation or arrival are subject to change at any time. Please check your invoice each month for a note about future rate increases or changes in park policies. You'll receive an email monthly, a couple days before your due date that the auto payment is almost due. The link in that email will always have your current statement. You may pay an invoice in advance at any time from that link or just allow the system to do it automatically with your payment method on file.

VISITORS: All vehicles visiting you MUST register with the office, by phone or text (name, plate #, car type/color and guest visiting.) Visitors to the RV area should be out of the park during quiet time (after dark.) Licensee is responsible to inform Guests or visitors of all policies of this License Agreement prior to entering the RV park. The visitor fee is $3/person, all ages, and can be added to your account or paid by the guest upon registration. Only guests registered on your site may stay overnight. Note: a registered guest is the responsible party for all registered persons attached to this license and any visitors. A visitor is anyone over and above those registered on this license. Visitors may not bring any pets onto the premises. It is an insurance and legal requirement that all vehicles and persons in the park be signed in.

QUIET TIME: No disturbing noises, (stereos, musical instruments, yelling, barking dogs, etc.) at ANY time. Be especially considerate during the quiet hours of dark to 8AM.

ALL CHILDREN under 18: Must be accompanied by an adult. Parents are fully responsible for the behavior of their children at all times.

UTILITIES: We are on a water conservation program year around. Please do not waste water. A sewer hose, “donut” or “L” connector is required. If you will be here longer than 28 days you also need a means to keep your sewer hose elevated off of the ground with the expandable pipe holders available.

FIREARMS are PROHIBITED in the Park (including pellet and B.B. guns.)

MOTORCYCLES, GO-CARTS, DIRT BIKES, and MOTOR SCOOTERS: PROHIBITED in the park except the entrance road or for a park-operated service vehicle. Motorcycles are only permitted between your site and the entrance road.

FIRES: When grilling, please be considerate with the direction of any smoke so it doesn't disturb neighbors. Cutting of trees and plants is prohibited.

RV Site: Owner hereby provides services on an RV site on La Bonita’s property. RV Park has the right to relocate Licensee to a substantially equivalent Lot on Park’s property. The sites are La Bonita’s private property and a Licensee or guest of a Licensee can be told by management to vacate the private property at any time.

*Do not put BBQ’s on picnic tables unless you have a fireproof, grease proof pad under the grill.

*If your items or vehicles are in an adjoining site an additional fee will be charged.

*Please do not park on the grass, only on the pad. No pools. No fences, kennels or canopies.

Any items on the site that, in management’s opinion, cause a negative impression of the site or the park are subject to being removed and discarded. Fees will be charged and you may be asked to leave if park personnel must clean your site. Park is not responsible for damage, while mowing, to any personal items left in the site. Any satellite dishes must be in an approved location, please ask BEFORE installation, they must NOT be on the grass.

CONDITION OF RV & RV SITE. To help maintain a certain standard of appearance,

a. Park has limits on RV condition for all guests. For extended stays over 28 days, an RV requires pre approval (based on submitted photos) and is preferred to be less than 10 years old in most cases.

b. Licensee understands that RV must be and remain in good condition, washed on a regular basis and well maintained. If your RV sustains unrepaired wear and tear during your stay, your RV may no longer be able to remain on the site. Before erecting anything on the site, guests must first obtain approval from the park. Park reserves the right to charge for each additional structure on the site.

c. Licensee must keep Campsite neat in appearance and must not create a sense of permanence. This means NO refrigerators, freezers, clotheslines, “hard shell” awnings, sheds (unless park property and a permanent part of your site) or storage bins are permitted. LPG tanks over 30 pounds are not permitted and propane tanks outside the RV cabinets are not permitted by order of the railroad commission and fire department. No window unit A/C’s. The area beneath the front of a fifth-wheel may be used for storage, but only if screened with a commercially available cover.

d. No tarps, canopies or tents are allowed on site, only RV awnings in good repair.

e. Site must be free from trash and any items other than parks picnic table, a couple lawn chairs and a SMALL BBQ.

f. Owner reserves the right to ask the Licensee to remove any item on the site.

g. Upon termination or expiration of this Agreement, Licensee agrees to surrender the RV Site to Owner in a similar condition. If Licensee fails to leave the RV Site in good condition, Owner will assess reasonable charges to Licensee for returning the RV Site to good condition. Licensee agrees that any of these charges can be debited from the card in the system.

GARBAGE: Dumpsters are for household trash only. Please break up cardboard boxes. No large items. Do not leave trash bags outside your unit overnight. Garbage must be placed in plastic bags and tied tightly.

INSURANCE. Licensee agrees to carry RV & vehicle liability insurance and comprehensive insurance and current vehicle registration during the term of this document. Licensee will furnish proof of insurance to RV Park for both personal and recreational vehicles. By agreeing to these terms you agree to be personally responsible for all property you bring into the park, whether your insurance covers it or not.

VEHICLES: Each RV may park ONE vehicle in most sites. All vehicles must be registered, parked in a designated area, in operating condition, have a current registration, inspection & insurance . Only two vehicles in addition to the camping unit are permitted in the park. Others will be ticketed and towed at your expense. No vehicle repairs shall be made on the premises. No vehicle washing except by permit (available at office - $4.00) Please only park on gravel or RV pads, never on the grass. Those with Diesel engines, please be respectful and keep your engine noise to a minimum. Please inform the Park upon reservation if you have an electric vehicle (EV.) RVers with EVs will be charged separately for their electric or be charged an additional fee per night. Charging of electric vehicles can only be offered on a limited number of sites so you must inform the park in advance if you have one.

RV PARKS RIGHT TO TERMINATE. Owner may terminate this License for any or no reason by providing Licensee a notice for Licensee to leave the RV Site (“License Termination Notice”). Licensee agrees to render peaceful possession of the RV Site to Owner within three (3) days of the Site Services License date provided on the License Termination Notice. The three (3) days’ notice and a refund shall NOT be required if termination is the result of an Act of Default (as defined below). If an RV is not removed from the property after a license is terminated, Owner has the right to remove the RV from the site, charging a storage fee or allowing a 3rd party to tow it and charge storage. RV can be reclaimed by paying all past due balances.

OFFENDER POLICY: No offenders are permitted to reside at La Bonita RV Park. A search will be conducted upon reservation.

DEFAULT BY LICENSEE. The following acts constitute defaults by User (“Acts of Default”):

a. Failing to timely pay the RV Site use rate, outlined above, or other lawful charges when due under this license (eg utility fees, storage, etc)

b. Giving false information to Owner;

c. Licensee or any member of Licensee’s party who fails to comply with this Agreement, such as violating provisions of this Agreement or committing serious misconduct or criminal acts;

d. Remaining on the property after giving notice of termination and intent to vacate; and/or

e. Remaining on the property after Owner gave notice of termination at the end of the term or a Termination Notice.

CREDIT CARD ON FILE. Licensee will provide Owner with a valid credit/debit card to keep on file. The card information will be used by Owner in the event that Owner must charge Licensee for cleaning or repairing the RV Site or if Licensee vacates the RV site without paying Owner the total amount due under this License. If Owner uses the card information for the reasons described above, Owner will provide Licensee a statement of account listing the charges at the address the guest provides. Owner will also use a credit card for automatic payments on the site fee due date. All payments to park must be made with credit or debit cards only, no cash or checks.

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 License shall remain operative and binding on the parties.

NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, LICENSEE AND ANY PARTY MEMBER HEREBY INDEMNIFIES, RELEASES, AND AGREES TO PROTECT AND HOLD HARMLESS OWNERS, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OPERATORS AND AGENTS (“RV PARK PARTIES”), FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, AND/OR LIABILITY ARISING OUT OF OR RELATED TO LICENSEE’S USE OF THE RV SITE, RV PARKS PROPERTY, AND/OR ANY CONDITION THEREON, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE GROSS NEGLIGENCE OF RV PARK PARTIES.

a. Registered Licensees and all other users of this property expressly assume ALL risk of any loss or damage and must carry their own insurance for use in any claims.

RESERVATION OF RIGHTS. The real estate on which the RV Park is located is private property. Owner reserves the right to amend these rules without prior notice to Licensees. Owner further reserves the right to refuse entry on park property to any person and to eject current Licensees without a refund. Owner also reserves the right to refuse to accommodate current and returning Licensees or visitors that have violated the parks rules and regulations and/or have vacated the park without paying all fees. We also reserve the right to refuse.

a. This Agreement provides Licensee with a revocable license to the property, which may be revoked at any time for any reason.

b. The below signed Licensee and all other members of Licensee’s party represent that all of this information is true and complete and authorize verification by any means. Licensee and all other members of Licensee’s party acknowledge that an investigative consumer report including information as to the character, general reputation, mode of living, whichever is applicable, may be made. False information given shall entitle the Owner to: (1) reject this license; (2) and terminate Licensee’s right of license to a site in accordance with the site use document. False information may also constitute a serious criminal offense under the laws of this State.

RECREATIONAL CAMPGROUND NOT FOR RESIDENTIAL USE. La Bonita RV Park is PRIMARILY A TRAVEL & SEASONAL PARK, offering camping on a temporary basis, and is NOT A RESIDENTIAL COMMUNITY. Although we offer a discount for campers who want to stay with us for 28 days or more, we do not offer long-term leases, nor is there an automatic renewal of reservations for campers who have stayed for a month or more—such extended stays are contingent on how well a camper respects our efforts to maintain a park-like environment and a guest can be told by management to vacate the private property at any time.

THEFT OF SERVICE AND CRIMINAL TRESPASS

EMERGENCY PREPAREDNESS PROCEDURES. During a disaster, we will use as many means as possible to keep Licensees informed including Facebook, email, Telephone and verbal communication in person by calling on your RV. Keep in mind that all these methods may not be available or operable so keep yourself updated as much as possible with weather and other possible dangers. If evacuation is necessary or ordered please stay calm and depart in an orderly fashion. Please adhere to posted speed limits. In the event of fire, please call 911 FIRST then alert the park office. Please familiarize yourself with this material so if a problem arises, you can respond appropriately and stay safe.

By signing below, Licensee agrees that Licensee’s electronic signature is the legal equivalent of, and enforceable as and to the full extent of, a hand-written signature whether presented in court (state or federal), arbitration, or otherwise. Licensee also acknowledges and agrees to be legally bound by any and all materials Licensee signs electronically as if signed by Licensee in person, in hand-writing. Licensee will not raise any defense or invoke regulatory or statutory claims attempting to invalidate the enforceability of documents based on delivery to or execution by Licensee in electronic form. Licensee further agrees that no certification authority or other third-party verification is necessary to validate Licensee’s electronic signature and the lack of such certification or third-party verification will not in any way affect the enforceability of Licensee’s electronic signature.

NO REFUNDS. Once you arrive at the park there are no refunds. No refund of surcharge or lock site fees.

I/we have read ALL the above License Release and Indemnity Agreement, and the attached Rules/Regulations/Cautions,the Cancellation policy, No Refund Policy and agree to be bound by/adhere to them:

Refund Policy

La Bonita RV, Norfolk, Nebraska