Terms & Conditions
Lone Tree Reservation
LONE TREE RESERVATION USE AGREEMENT
This Use Agreement (“Agreement”) is made upon the booking of a reservation by and between the User(s) as set forth in the Summary of Basic Terms below (“User”), and Eric Towne d/b/a Lone Tree Camp & Cabins ("Manager"). Manager and User are sometimes referred to as a “Party” or the “Parties”.
RECITALS
1) Manager operates the private property facility at 12 West Shore Park Road, Kingston, NH 03848, consisting of various camping areas, sites & lodges, various bath/shower facillities, recreational facilities, beach on ‘Country Pond’, roadways, paths and hiking trails, and other infrastructure, such as electrical services and potable water, all which Manager may alter from time to time, in Manager’s sole discretion, as needed or desired, without advance notice.
2) User desires to engage in activities on the property, including camping, sports, activities, waterfront activities, and others, as available, and pay certain costs, fees and expenses, as set forth herein and in the reservation booking process, and Manager agrees to allow such use of its private property, subject to all of the terms and conditions set forth herein, and amended or adopted from time to time, in Manager’s sole discretion, without notice.
3) Now, therefore, in consideration of the mutual promises contained herein, and the receipt of pre-paid fees and costs, the Parties agree this agreement is ratified and binding upon themselves, their guests, visitors and pets, if applicable.
AGREEMENT
1) Agreement: This Agreement includes the above RECITALS, all TERMS & CONDITIONS herein, and any and all EXHIBITS, WAIVERS & RELEASES and RULES & REGULATIONS contained herein, attached hereto and/or posted on-line or on-site, at any given time.
2) Permission to Use: In exchange for the pre-paid User Fees and/or Service Fees, Manager shall allow User to use a designated area for recreation for its Permitted Use, and to cooperatively use any other publicly accessible areas, amenities and facilities in common with other permitted Users, as long as the User is adhering to the Manager established rules, regulations, waivers and releases, and subject to all applicable local, state & federal laws (“Permission”). However, Manager reserves the right to revoke this Permission at any time, for any reason-or no reason, should Manager deem it necessary in preserving the positive environment and atmosphere of the property. User expressly acknowledges and agrees that User has NO ownership of, lease or tenancy rights, or any other interest in the real or personal property offered for use. User can not and will not record this Agreement or any other document against the Manager of/or the Property. User further acknowledges and agrees that User has reviewed all documents, agreements, rules and regulations, waivers and releases, has/will execute them no later than their time of arrival to the Property, and User accepts all terms and conditions and agrees to be bound by them. User agrees to maintain all private and public real and personal property in good working condition and shall return any and all used property in its former condition. User shall remove all their personal property from the Property and any costs associated for remediating their use shall be born by the User, at Manager's reasonable remediation rates, as assessed at the time.
3) User shall deliver the property immediately upon the expiration of the pre-paid use period, or upon Manager’s revocation of User’s Permission to use.
4) All User fees shall be pre-paid in advance, at the time of booking the reservation.
5) Permitted Use: User may enjoy the property for temporary personal uses of camping, cooking and lawful recreation during the pre-paid use period, and for no other purposes unless expressly provided for by Manager in writing, which consent may be granted or withheld in Manager’s sole discretion. User shall not construct any permanent structures or improvements on the Property and shall remove any improvements upon the expiration or termination of the Use Period. User shall not do anything which interferes with others’ quiet use and enjoyment of the property, in Owner’s sole discretion. User shall not conduct or permit to be conducted any activity or circumstance which would interfere with Manager’s insurance on the property. This may include the presence of certain breeds of pets. USER UNDERSTANDS AND AGREES THAT USER IS FULLY RESPONSIBLE FOR THEIR GUESTS, FAMILY MEMBERS, VISITORS AND PETS AND SHALL BEAR ANY AND ALL RESPONSIBILITIES FOR SUCH, AND HOLD FOREVER HARMLESS THE OWNER, MANAGER, ITS STAFF, EMPLOYEES, VOLUNTEERS AND OTHER USERS FROM ANY AND ALL DAMAGES.
6) Condition of Property: User understands and agrees that Manager is permitting use of the property in its then-current condition, “as-is”, “with all faults”, as from time to time may exist without prior notice, and Manager makes no warranties or representations, oral or written, as to the Property’s suitability for Users Permitted use. User shall remove all personal property immediately upon expiration or termination of User’s Permitted Use, and repair any damages or alterations at User’s sole expense, or at such remediation rates and/or cleaning fees as may be assessed by Manager at the time, in Manager’s sole discretion, at User’s sole cost and expense. User shall, upon demand by Manager, repair, replace or remove any such item as Manager deems necessary at any time.
7) Amenities: As a new venture, and a “rustic” summer camp, features and amenities are ever evolving as Manager is building much of the infrastructure, amenities and services from scratch. For example, the store and playground are being conceived and built as we speak, so some features and benefits marketed may yet to be completed. Manager has the unilateral right to add or remove any service, feature or amenity, without prior notice, as services, features and amenities are offered as a convenience only, and are not a condition or requirement of Users use fee paid.
8) Utilities: As a “rustic” summer camp facility, most camp sites do not have individual electricity, water, or sewer, but such amenities are offered nearby for User’s convenience. There is no sewerage depository, other than typical personal-use latrines, lavatories, and shower houses.
9) Hazardous/Dangerous Substances/Items: No hazardous substances are allowed on the property, excepting only reasonable household uses of cleaners, gasoline, etc. Fire arms must be secured safely and locked from unauthorized or accidental use unless actively participating in the shooting range, if available.
10) Insurance and Indemnity: At all times, User shall not participate in or allow any use, activity or circumstance which would negatively affect the Owner’s/Manager's insurance policies, from time to time implemented. Except where prohibited by law, Owner / Manager will not be liable to User, or any third party, for any injury or damage which may occur to any person or personal property by or from any cause whatsoever in connection to the property site, services, features, and amenities. USER UNILATERALLY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER/MANAGER, ITS AGENTS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, SERVICE PROVIDERS AND VENDORS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) INCURRED IN CONNECTION WITH THE PROPERTY/THEIR USE, including in connection with: a) any breach or default by User under this Agreement by user or user’s guests, family, visitors and pets, b) any failure to comply with any provision of this agreement, or c) any injury or damage to any person or property whatsoever occurring in connection with the Property or any part thereof, its use, especially when such injury or loss is caused, in whole or in part, by the negligence, fault, act or omission of the User and/or its family, guests, visitors or pets. THE OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EARLIER TERMINATION OF USER’S PERMISSION.
11) Limitation of Liability/Damages/Waiver: IN NO EVENT WILL OWNER/MANAGER BE LIABLE TO USER, OR ANY OF ITS FAMILY, GUESTS, VISITORS OR PETS, OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE/WERE FORSEEABLE, AND WHETHER OR NOT USER OR OWNER HAS/HAD BEEN ADVISE OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED TO THIS AGREEMENT, OWNER’S/MANAGER'S ACTS OR OMISSIONS, OR USE OF THE PROPERTY, ITS GOODS, SERVICES, FEATURES AND AMENITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, USER COVENANTS NOT TO SUE, OR CAUSE TO BE SUED, THE OWNER AND/OR MANAGER AND WAIVES AND FULLY RELEASES AND DISCHARGES OWNER AND / OR MANAGER ALL INDEMNITIES FROM AND IN CONNECTION WITH ALL CLAIMS OR LIABILITES AND ANY AND ALL DAMAGES AS SET FORTH HEREIN, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, THE PROPERTY, THE OWNER’S AND/OR MANGER'S OR IT'S/THEIR AFFILIATES' ACTS OR OMISSIONS, OR USE OF THE PROPERTY.
12) Default: If User fails to immediately pay any fees, costs, expenses, etc. incurred, or faithfully perform or observe any provision in this Agreement, such event shall constitute a material default and breach of this Agreement, without any requirement for notice or a right to cure, and Manager may immediately terminate this Agreement, revoke User’s Permission to use the property and/or exercise and pursue any and all other rights or remedies available to owner, at law or in equity or otherwise, including, without limitation, having User, its family, guests, visitors and pets removed from the Property as trespassers by police.
13) Attorney’s Fees: In the event of litigation by either Party to interpret or enforce any part of this Agreement, the prevailing Party shall be entitled to recover from the other Party, in addition to any relief awarded or granted, the reasonable costs and expenses, including reasonable attorney’s fees, incurred by the prevailing Party, and reasonable attorney’s fees and expenses incurred in enforcing any judgement. Further, if: a) Owner and / or Manager consults legal counsel or otherwise incurs costs or expenses to enforce payment of any amounts owed or assessed against the User under this Agreement, whether or not litigation has commenced, or b) Owner and / or Manaqger is named as a defendant in any suit brought against User in connection with the Property, then User shall be obligated to reimburse Owner and / or Manager, in addition to all other amounts for which User is obligated hereunder, all of the costs and expenses incurred by Owner, in connection therewith, including reasonable attorney’s fees.
14) Successors and Assigns: User acknowledges and agrees that it has no right to assign or otherwise transfer this Agreement, or its Permission, or any other right or interest herein, in whole or in part, to any third party without the express prior written permission of Manager, which may be granted or withheld at Manager’s sole discretion. Any attempt to transfer or assign this Agreement shall be void ab initio. If Manager grants permission of transfer or assignment, such consent shall not release the initial User from any obligations under this Agreement, but such obligations shall apply to and bind the permitted assignee or transferee along with the initial User, jointly and severally. If this Agreement is signed by multiple Parties, their obligations hereunder shall be joint and several.
15) User’s Termination: As a short-term recreational facility offering temporary use permission, once you reserve your use, others cannot. Therefore, your reserving your use places the financial burden upon you to pay for such use, whether you show up or not, or leave early. Eric Towne d/b/a Lone Tree Camp & Cabins does not refund User fees. Please make sure your use is confirmed before booking.
16) Miscellaneous:
Time is Of the Essence. Time is expressly declared to be of the essence of this Agreement and all covenants and conditions contained herein.
Promotion: While Manager shall not specifically target any individual, we do reserve the right to collect promotional materials, such as photography, video, quotes, etc. for marketing purposes and User unilaterally agrees to their use, without prior notice.
Notices: All Notices required or permitted hereunder shall be in writing and deemed to have been properly served when delivered personally or by electronic mail, overnight or other mail, to such address as may be designated by each Party, or their regular business address at the time of such notice, or when delivered to the User or posted on the Property.
Counterparts: This agreement may be executed in multiple counterparts, each of which shall be considered an original, all of which shall constitute one and the same Agreement
Waiver: One or more waivers by Manager of any breach of any covenant or condition shall not be construed as a waiver of a subsequent or continuing breach of the same or any other covenant or condition, and consent or approval by Manager to any act by User requiring Manager’s consent or approval shall not be deemed waive or render unnecessary Manager’s consent or approval of any other subsequent act. No waiver of any provision in this Agreement shall be valid unless in writing.
Captions and Interpretations: Sections, title or other captions contained in this Agreement are inserted as a matter of convenience and for reference only, and in no way define, limit, extend or describe the scope of this Agreement or any provision hereof. No provision in this Agreement shall be interpreted for or against either Party because that Party or their attorney drafted such provision.
Severability: If any term, covenant, condition or provision of this Agreement (or any portion thereof) is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of that provision and all other provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Governing Law and Venue: This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the state of New Hampshire. Venue for any action by any Party pertaining to this Agreement or the property, shall be in an appropriate court in the county of the subject property.
Entire Agreement: This Agreement, and all its inclusions, attached and / or incorporated by reference constitutes the entire Agreement between the Parties. No oral statement made, promotional materials or prior agreements shall have any force or effect. This Agreement may only be amended in writing, signed by all Parties.
Force Majeure: Manager shall not be required to perform any obligations under this Agreement, nor be liable for loss or damage for failure to do so, nor shall User be released from any of its payment or performance obligations under this Agreement, where Manager’s failure arises from or through Acts of God, strikes, lock-outs, labor difficulties, explosions, sabotage, accidents, riots, civil commotions, acts or war, terrorism, fire and casualty, legal requirements, energy shortage, epidemic, pandemic, public health order, or any other causes beyond the reasonable control of Manager.
Rules and Regulations: User agrees to abide by all Rules and Regulations set forth by Manager from time to time, in Manager’s sole discretion. Rules and Regulations shall be a living document, and Manager reserves the right to amend at any time, as Manager sees fit, with notice of such amendment considered given by posting on the Property. Any violation of such Rules and Regulations shall constitute a material breach and default of this Agreement by User under this Agreement. Manager shall not be liable for the failure of any other Users or attendants of the Property to confirm to and comply with the Rules and Regulations.
_________________________: by Eric A. Towne, Manager
d/b/a Lone Tree Camp & Cabins; 978-979-9100
12 West shore Park Road, Kingston, NH 03848
EricTowneRealEstate@gmail.com
_________________________: User Name:_________________________
Date:_____________________ Address:_______________________
______________________________
Phone:________________________
Email:_________________________
_________________________: User Name:_________________________
Date:_____________________ Address:_______________________
______________________________
Phone:________________________
Email:_________________________
LONE TREE RESERVATION RULES & REGULATIONS
Don’t do anything stupid which could cause harm or injury to yourself, anybody else, or the property.
Don’t bother your neighbors or staff. *TOWN OF KINGSTON quiet hours are 9PM-7AM daily. Sound echoes and multiplies traveling across the lake so please be considerate of EVERYBODY else. If you are deemed a disturbance by us, in our sole discretion, you will be required to leave immediately, without refund.
Keep fires under control, and out by midnight.
Use is at your own risk: take care of your family, guests, visitors, and pets.
Keep pets leashed and under control at all times.
Clean up after yourself, your guests, visitors & pets.
Tell staff about any flaws, potential dangers, changes & suggestions right away.
Anything you need or need help with, just ask.
Have fun!