Terms & Conditions

1.      USE AND RULES Miles Landing, LLC (“Miles Landing”) grants to Guest the right to use the site identified above (“Site”), located on the premises commonly known as “Miles Landing Campground” (“Premises”), for camper/recreational vehicle use.  Guest agrees to conform, comply with and abide by all local, state and federal laws, ordinances, regulations and rules, as well as Guest Registration form and all Rules and Regulations provided to Guest and as posted on the Premises.  If any part of your reservation is unpaid, any outstanding balance will be auto-charged to the card on file three (3) days prior to scheduled check-in.

2.      RELEASE Guest, individually and on behalf of their guests, attendees and invitees, hereby waive, release and forever discharge Miles Property Development, LLC and Miles Landing and their respective officers, employees, agents, members, representatives and owners (collectively the “Released Parties”), from any and all Claims (hereinafter defined) known or unknown, foreseeable or unforeseeable, anticipated or unanticipated, arising out of or in connection with, directly or indirectly growing out of, related to, or caused in whole or in part by use of the Site or Premises.

3.      AS-IS-CONDITION; WAIVER OF CERTAIN DAMAGES Guest acknowledges that the site is being offered for use by Guest in AS-IS condition and that no representation or warranties, express or implied, as to any matter whatsoever, including but not limited to warranties as to the condition of the Site, the Premises, or improvements thereon, have been given.  Released Parties shall not be responsible to Guest or any of their Guests, attendees or invitees for any actual, direct, indirect, treble, special, exemplary, consequential, punitive, expense or other damages incurred by Guest or any of their guests,, attendees or invitees resulting from the use of the Premises.

4.      INDEMNIFICATION Guest agrees to indemnify, defend and hold harmless (collectively, “Indemnity”), to the fullest extent permitted by law, the Released Parties from and against any and all actions, claims, demands, liabilities, assertions of liability, losses, costs and expenses, attorney and expert fees, and/or damages (collectively, “Claims”), whether such arises based on negligence or by any statutory or common law theories (including without limitation all injuries, disability or death) arising out of or in connection with, directly or indirectly growing out of, related to or caused in whole or in part by Guest’s use of the Site or Premises, or even though that liability may arise out of the partial negligence or carelessness on the part of such Released Parties.  Notwithstanding the above, said Indemnity shall not be applicable to Claims arising from the Released Parties’ sole negligence to the extent the same is contrary to law.  Guest understands and agrees that this Agreement applies whether Released Parties (or any of them) are at fault or not, and it limits the liability of the Released Parties to the same extent as it limits the liability of Miles Landing even though said person or entities may not be construed as formal parties to this Agreement.  Guest understands that Miles Landing in securing execution of this Guest Registration Form, is acting as an agent or trustee on behalf of, or for the benefit of said Released Parties, who shall to this extent be, or be deemed, to be parties to this agreement.

5.      LIABILITY LIMITATION Miles Landing reserves the right to refuse service to anyone and will not be responsible for accidents or injury to its guests or for loss of money, jewelry or valuables of any kind.  By execution of this registration form, Guest agrees to read and comply with this form and the campground Rules and Regulations as posted on the Premises.

6.      Right of Entry; Removal Miles Landing shall have the right to enter the Site for maintenance of utilities, maintenance of the Site if Guest fails to do so, and for the protection of Miles Landing at any reasonable time.  If Guest fails to vacate the Site on the date set forth above, Guest agrees that miles landing has the right to remove Guest’s vehicle and other property and store at Guest’s sole cost and expense, and Guest agrees to such removal and to pay all costs and expenses.  The remedy described in this paragraph is in addition to any other rights and remedies Miles Landing may have at law or in equity.  Guest waives and releases Miles Landing from any and all liability or damage arising out of or related to the removal of Guest’s property from the Site; and any and all other rights or remedies Guest may have arising out of or related to the removal of the property.

7.      Clean-Up Guest shall be responsible for cleaning up and disposing of all trash and debris relating to use of RV site.  A trash dumpster is located on Premises.

ADDITIONAL TERMS AND CONDITIONS FOR  MONTHLY and EXTENDED STAY  GUEST 

1.     RV Site; License to Use.  Guest is granted the right of admission to an RV Site located on the real estate in Warrick County, Indiana operated as “Miles Landing Campground” (“RV Site”), according to the terms of this Agreement, is hereby agreed to by Guest.  During the stated Period of Use Guest is granted the right to place (1) camper or recreational vehicle (“RV”) on the RV Site and occupancy for the below period of use.

2.     Period of Use; Not a permanent Residence; Insurance. Guest’s right to use the RV Site shall be on a month-to-month basis beginning on the check-in date and terminating on the check-out date. This agreement is RENEWED MONTHLY upon payment and acceptance of Site rental payment. This Agreement is not a lease of real estate and Guest is not a tenant. This agreement is a license for Guest to use the RV Site under the terms and conditions of this Agreement.  This Agreement does not create a tenancy or residency in favor of Guest.  Guest acknowledges and represents that the RV (i) will be on the agreed upon site for recreational use only, (ii) will not be used as a permanent residence, and (iii) does not create a tenancy or residency or any other real property right in favor of Guest.  Guest agrees that no mail shall be delivered to Miles Landing and will not be accepted by Miles Landing.  Upon execution of this Agreement Guest must provide proof of insurance evidencing at least state minimum coverage.

3.     Fee. Guest agrees to pay Miles landing an agreed upon monthly fee of each month during the Period of Use of the RV Site (“Fee”), which Guest shall pay on or before the due date each month.  THE FEE IS NON-REFUNDABLE.  If the Fee is not paid when due, Guest agrees to pay Miles Landing a late fee of $5.00 per day until the entire unpaid Fee is paid in full.  If the Fee is not paid in full when the Guest leaves, the guest gives Miles Landing permission to charge the card saved on file at time of check out.  If any payment is returned or dishonored for insufficient funds or other reason, Guest agrees to pay all fees and costs incurred by Miles Landing by reason of such dishonored payment, plus a processing fee of $25.00 for each returned or dishonored payment.  Guest agrees to pay Miles Landing all said costs, processing fee and monthly fee, in cash, within 24 hours of Miles Landing giving Guest notice.  Thereafter, Miles Landing may require that all future payments be made with a money order or cash.

4.     Deposits.  Guest shall pay an electric deposit in the amount of $100 (“Deposit”) that will be used toward you’re final electric bill.  Upon vacation of the RV Site you will be returned any unused portion of the deposit.

5.     Use of RV Site.  Guest shall not conduct or permit any unlawful or tortious activity on the RV Site or at Miles Landing.  In addition, no use shall be made or permitted to be made that shall result in a public or private nuisance that may disturb the quiet enjoyment of other guests at Miles Landing.  Guest shall comply with all governmental regulations and statues affecting the RV Site, either now or in the future.  Guest shall at all times keep the RV Site and surrounding areas clean and free of debris.  No items are to be left on the grass; including toys, bikes, hoses, lawn furniture, rugs, etc. So as not to impede mowing.  Fencing is not permitted at the RV Site.  Guest shall not allow or put any oil, grease or other non-degradable materials in the sewer, at the RV Site or at Miles Landing. Only prefabricated underpinning permitted.  Any underpinning exceptions require park manager approval.  No alteration of electrical boxes or other fixtures is permitted.  Guest agrees to clean up and dispose of all trash and debris at RV Site.

6.     Standards of Conduct and Expectations. Guest agrees to be bound by the terms and conditions.  Guest acknowledges receipt of the current “Standards of Conduct and Expectations” and agrees to abide by the same.  Miles Landing may modify the Standards of Conduct and Expectations from time to time as its discretion and Guests agrees to be bound by the same.  Guest’s failure to comply with all “Standards of conduct and Expectations” will constitute a material default of this Agreement and will be cause for immediate removal from the RV Site.

7.     Termination of Agreement.   This Agreement shall terminate on the terms set forth above.  On or before termination, Guest shall remove the RV from the RV Site, quietly and peacefully.  Guest is responsible for removing the RV with appropriate; care for the RV Site and surrounding area and shall restore the RV Site to its original condition.  In the event Miles Landing determines, for any reason in its sole discretion, that it is necessary for the Guest to leave the RV Site prior to the scheduled end of the term, Miles Landing will direct Guest to leave the RV Site and Miles Landing.  Guest will be given one (1) day to cease to occupy the RV Site and (5) days to remove the RV from the RV Site.  If Guest disturbs the peace (as determined by Miles Landing in its sole discretion), Miles Landing reserves the right to order Guest to leave Miles Landing immediately.  No refunds are given for early termination.

8.     Removal of RV; Expenses of Collection.  If guest fails to timely vacate the RV Site upon termination of this Agreement, Guest acknowledges, confirms and understands that Miles Landing has the right to remove Guest’s RV, vehicle and other property.  If Guest fails to timely vacate, Miles Landing shall provide Guest three (3) days’ notice to vacate by posting notice on the RV.  Following the expiration of the three (3) day notice period, Miles Landing may remove and store the RV, vehicle and other property at Guest’s sole cost and expense and Guest agrees to such removal and to pay all costs and expenses.  The remedy described in this paragraph is in addition to any other rights and remedies Miles Landing may have at law or in equity.  Guest shall be responsible for a $25 per day charge for non-removal of the RV, which shall commence on the date of termination and continue until the RV is removed from the RV Site.  Guest waives and releases (i) Miles Landing, any respective towing company and other third parties utilized by Miles Landing from any and all liability or damage arising out of or related to the removal and/or towing of the RV, vehicle or other property from the RV Site under this Agreement; and (ii) any and all other right or remedies Guest may have arising out of or related to the removal of the RV, vehicle or other property.  Miles Landing shall have the right to recover from Guest all expenses of collection of past due fees or other amounts owed by Guest arising out of or connected with Guest’s use of the RV Site, or breach of the terms, conditions or agreements herein, including but not by way of limitation, court costs and attorneys’ fee.

9.     Right of Entry. Miles Landing shall have the right to enter the RV Site for maintenance of utilities, maintenance of the RV Site if Guest fails to do so, and for the protection of Miles Landing at any reasonable time.  Miles Landing may enter Guest’s RV without the prior consent of Guest in the case of an emergency or when Guest has abandoned the RV.

10.  Interpretation.  Any and all rights, title and interest acquired pursuant to this Agreement are personal to Guest and cannot be assigned to, or used for the benefit of, any other person.  This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, not including the choice of law rules thereof, land each part hereto by execution of this Agreement, consents to the exercise of jurisdiction over any matter arising in connection wit6h the Agreement in the Superior Court of Warrick County, State of Indiana.  The language in all parts of this Agreement shall in all cases be construed more strictly against the party who personally or through such party’s agent prepared the same.  This Agreement shall bind the parties, their respective heirs, successors and permitted assigns.  All headings set forth herein are included for the convenience of reference only and shall not affect the interpretation hereof, nor shall any weight or value be given to the relative positon of any part or provision hereof in relation to any other provision in determining such construction.  If any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be fully enforced and the remaining portion of this Lease shall remain in full force and effect.  This Agreement may be executed simultaneously in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.  It is the express intent of the parties hereto to be bound by the exchange of signatures on this Agreement via facsimile or electronically via portable document format.  This instrument contains the entire agreement between the parties hereto.  THIS PROVISION, AND EACH AND EVERY OTHER PROVISION OF THIS AGREEMENT MAY NOT UNDER ANY CIRCUMSTANCES BE MODIFIED, CHANGED, AMENDED OR PROVISIONS HEREUNDER WAIVED VERBALLY, BUT MAY ONLY BE MODIFIED, CHANGED, AMENDED OR PROVISIONS HEREUNDER WAIVED BY AN AGREEMENT IN WRITING EXECUTED BY ALL PARTIES HERETO.