Minnesota National Golf Club & Resort, LLC

23247 480th St, McGregor, MN 55760

RV Park Terms of Use

Welcome, and thank you for your interest in Minnesota National Golf Club and Resort. The terms “Minnesota National”, “we”, and “us” refer to Minnesota National Holdings, LLC, Minnesota National Golf Club & Resort, LLC, Minnesota National Resort Holdings, LLC, Minnesota National Golf Course Holdings, LLC, Minnesota National Real Estate Holdings, LLC, and each of their respective subsidiaries and affiliates.

These Terms of Use (collectively these “Terms”) as well as any rules and regulations or policies (the “Additional Terms”) adopted by Minnesota National govern your use of the RV Park Property (the “Property”, as identified in the Reservation Agreement) and related amenities offered by Minnesota National from time to time (the “Amenities”, together with the Property and all related property and facilities, are collectively the “Resort”). These Terms is a legally binding contract between you and us regarding your use of the Resort.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Eligibility. You must be at least 21 years old to book a reservation at the Property. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 21 years old; and (b) your use of the Resort is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting these Terms on your behalf represents and warrants that he or she has the authority to bind you to these Terms and you agree to be bound by these Terms.

Authorization. You agree to provide us with a valid credit card and hereby authorize us to charge all applicable sums (including without limitation, any applicable one-time and/or recurring Deposits or reservation fees, fees related to dining or other activities you engage in at the Resort) for the reservations and/or other purchases that you make at the Resort, for the Damaged Property Fee (defined below), including all applicable taxes (e.g., goods and services tax, sales tax, value added tax, city taxes, hotel and occupancy tax, etc.), to such credit card provided to Minnesota National in connection with booking your stay at the Property (the “Applicable Payment Method”). Additionally, you authorize us with the right to verify that the credit card is valid and has the necessary funds or credit available to cover your reservation, or other purchase, or any potential Damaged Property Fee that may apply; and you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee and any other fees that you owe us under these Terms.

Deposit Policy: Upon making your reservation for the Property, your card will be charged the Deposit amount set forth in the Reservation Agreement.

Cancellations. With respect to your reservation, you may cancel and receive the following refund of your Deposit:

· Days Prior to Arrival: Cancellation Policy

· 60 days or more: Deposit refundable, less a cancellation fee of 25% of the Deposit.

· More than 30 days and less than 60 days: Deposit is NONREFUNDABLE

· 30 days or less: The FULL amount due under these Terms must be paid in full.

Check-in time is at 4:00 pm or as otherwise specified on your reservation. Check-out time is at 11:00 a.m. or as otherwise specified on your reservation. Failing to abide by the check-out time may be assessed a fee, up to the full overnight rate.

Use of Property. Subject to your complete and ongoing compliance with these Terms and subject to applicable law, we grant you a limited, exclusive, non-transferable, non-sublicensable, revocable license to occupy the specific Property for only the specific period of time that you have reserved and non-commercial purposes only and for the maximum number of occupants permitted by us. In no event shall you have any rights to renewal, extension, or recurring use of the Property unless we provide you with written authorization permitting the same.

Speed Limits. Speed limits are posted in certain areas of the Resort. The speed limit within the RV Park is 5 MPH. Violators will be assessed penalties as follows: first violation, $15; second violation, $25; third or more violation, $50.

Use of Personal ATVs/OHVs. All-terrain vehicles (“ATVs”) and off-highway vehicles (“OHVs”) are allowed to be parked at rented campsites on the Property with prior notice upon to Minnesota National upon check-in. These vehicles are to be used for going on- and off-site or from your campsite to the clubhouse only. They should not be driven for any other purpose throughout the Property.

Use of Personal Golf Carts. Personally owned golf carts (i.e., any golf cart not furnished by Minnesota National) are allowed to be parked at rented campsite on the Property with prior notice to Minnesota National upon check-in. Personal golf carts are for personal use only and may not be used on the Property’s golf course. Guests using a personal golf cart will be fully responsible for any and all damages caused by the use or misuse of such golf cart by anyone operating it or otherwise. Notwithstanding the foregoing, personal golf carts which are battery-powered must receive prior written consent by an employee of Minnesota National in order to be driven to the boats slips. Failure to do so will result in loss of privileges of the use of personal golf carts on the Property.

Access. We reserve the right at all times to enter and to permit other individuals to enter the Property at any time in the following circumstances or for the following purposes, subject to applicable law: (i) in response to your written or verbal request, upon your consent, or as necessary to provide a service to you (i.e., maintenance, amenities, services, etc.); (ii) to investigate, address, or prevent any actual or reasonably suspected or foreseeable past, current, or impending unlawful activity or damage to the Property (you expressly agree that we have the right to document by photograph, video or otherwise any such damage, and/or compliance with these Terms during such entry); (iii) to prevent or mitigate bodily harm to you or others that we reasonably expect has occurred or may occur; (iv) upon your breach or suspected breach of any provision of these Terms, provided that we give you prior notice (e.g., by email, phone, text message, or knocking on the door); (v) for any purpose (including for repair and maintenance and to examine or show the same), provided that we give you reasonable notice (e.g., by email, phone, text message, or knocking on the door); (vi) to cooperate with requests from law enforcement officials to enter the Property; (vii) where we believe reasonably necessary to protect the personal safety, rights, or property of us, you, any third party, or to prevent fraud or other unlawful activity; and/or (viii) at any time that may be necessary or advisable in our sole discretion, such as in the event of an emergency.

Use of Amenities. You and your occupants, guest(s), visitors, invitees and any other parties to whom you give access to or use of the Property (collectively and individually, “Your Guests”) may use the Amenities but shall be subject to these Terms. Access to such Amenities is not guaranteed and may be limited, revoked, or suspended from time to time. You agree to comply and ensure all of Your Guests’ compliance with all applicable rules with respect to your and Your Guests’ use of such Amenities. You understand and agree that use of such Amenities may be suspended if you or any of Your Guests violate any such rules. You shall be responsible for any damage to such Amenities that you or any of Your Guests cause. ANY USE OF SUCH AMENITIES IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE MINNESOTA NATIONAL IN CONNECTION WITH ANY USE OF SUCH AMENITIES. YOU AGREE THAT, AT OUR REQUEST AT ANY TIME, YOU AND/OR YOUR GUESTS WILL EXECUTE AND DELIVER A COMMERCIALLY REASONABLE FORM OF WAIVER AND RELEASE TO CONFIRM THE WAIVER AND RELEASE SET FORTH HEREIN AND THAT YOUR AND/OR YOUR GUESTS’ USE OF THE AMENITIES MAY BE CONDITIONED ON YOUR AND/OR YOUR GUESTS’ EXECUTION AND DELIVERY OF SUCH WAIVER AND RELEASE.

Minors. You and agree to supervise at all times any accompanying minor to ensure compliance with the provisions of these Terms.

Pet Policy. The Resort is a pet-free facility. Guests with animals not qualifying as service animals under applicable law will be asked to check out and will forfeit their deposit. A minimum $250 cleaning charge will also be applied. Dogs are welcome at the Resort’s RV Park at a rate of $10.00 per day, per dog. No more than 2 dogs per camp site. Dogs must be on a leash at all times. When walking pets, you are required to clean up after them. Dogs that bark excessively will not be allowed.

Background Checks. You acknowledge and agree that for transparency, safety, fraud prevention, and anti-money laundering purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property, including without limitation, before and/or during any renewal or extension: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in this paragraph; (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (c) obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information.

Prohibited Conduct. In addition to all other rules and restrictions contained in the Agreement (including in any rules and regulations and the Reservation Agreement), in connection with your use of the Resort, including the Property, you may not, and you agree that you will not (except and solely to the extent such restriction is impermissible under applicable law):

· Use the Resort for any illegal purpose or in violation of any law or regulation;

· Impersonate any individual or organization, or falsify or otherwise misrepresent yourself (including your age or date of birth) or your affiliation with any individual or organization;

· Use the Property for any commercial or other purpose that is not expressly permitted under these Terms (for the avoidance of doubt, your Reservation Agreement is non-transferrable and non-saleable);

· Market, advertise, promote, provide or sell products or services to other guests at the Resort;

· Enter any areas of the Resort designated for employees-only under any circumstance;

· Bring into or onto the Resort any illegal, dangerous or hazardous substance or item (including items that are likely to increase the risk of fire or explosion) or any firearms and other weapons without Resort’s prior written consent (except those rightfully possessed by law enforcement officials or licensed security guards);

· Engage in any conduct that: (i) would give rise to civil liability; (ii) is fraudulent, false, misleading, or deceptive; (iii) is defamatory, obscene, pornographic, vulgar, or offensive; (iv) promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or otherwise threatens or embarrasses any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other individual or organization; (vi) promotes illegal or harmful activities or substances; or (vii) is restricted or prohibited by or under any of our Additional Terms;

· Violate the Resort’s quiet hours requirements (between 10:00 PM – 8:00 AM);

· Perform any activity or create any condition in or on the Resort that could create a nuisance, annoyance, or disturbance to any other residents or neighbors of surrounding properties; and

· Attempt to do any of the foregoing or assist or advocate, encourage, or permit any third party in any of the foregoing.

Safety Features. You acknowledge and agree that the Resort may contain certain safety features such as smoke detectors, fire alarms, or sound level monitoring units as may be required by law, you consent to our use of these safety features, and you agree not to interfere or tamper with these features. You agree to immediately report any problems or need for maintenance or repairs to us. We have a right to enter the Property to check and maintain these safety features as provided by law. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and to do so shall be considered a material breach of these Terms and will be just cause for termination of these Terms and your removal from the Property.

Security. You acknowledge and agree that certain security measures may be provided by us in connection with the Property, including, without limitation, video and audio surveillance. We reserve the right to commence, expand, reduce or discontinue any such security measures at any time without notice to you.

Your Personal Items. We are not responsible for any of your property or personal items (collectively, “Personal Items”) either during the term of these Terms or that you may leave at the Property after the expiration or earlier termination of these Terms. You acknowledge and agree that you are solely responsible for securing and/or safeguarding your Personal Items as well as the Personal Items of Your Guests. Prior to the expiration of the applicable Period of Occupancy, you must remove all of your Personal Items from the Property. If you have not done so, we will be entitled to remove, store, and/or dispose of any Personal Items remaining in the Property in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter’s insurance or personal property insurance to protect against any damage to or loss of your Personal Items.

Damaged Property. You are responsible for leaving the Property in the condition same was in when you arrived. You acknowledge and agree that you are responsible for Your Guests, and your and their pets’ own acts, omissions, negligence and willful misconduct. If we reasonably believe that you, Your Guests, or your or their pets have damaged the Property or any part of the Resort or damaged or removed or stolen any physical item therein (“Damaged Property”), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will be entitled to charge the Applicable Payment Method for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) (the “Damaged Property Fee”). Additionally, if you, Your Guests, or your or their pets have damaged the Property or any part of the Resort or damaged or removed or stolen any physical item therein we may terminate these Terms and remove you and any and all of Your Guests from the Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee.

Off Season Storage. For avoidance of doubt, storage during the period of time that the golf course is closed (“Off Season Storage”) may be subject to a separate rental agreement between you and Minnesota National. If no such agreement exists, you understand and agree that (1) all of the foregoing terms and conditions relating to Security, Your Personal Items, and Damaged Property remain in effect for the entirety of the Off Season Storage period, and (2) if you have not arranged for a new rental agreement with Minnesota National following expiration of the applicable Off Season Storage period, you must remove all of your Personal Items from the Property. If you have not done so timely following expiration of such Off Season Storage period, Minnesota National will be entitled to remove, store, and/or dispose of any Personal Items remaining on the Property in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter’s insurance or personal property insurance to protect against any damage to or loss of your Personal Items.

Ratings and Reviews. Within a certain timeframe after completing a reservation, you and other users may provide us with a public review (“Review”) and/or rating (“Rating”) regarding your or such other user’s experience at the Resort. Reviews and Ratings reflect the opinions of the individual or entity that leaves such Review or Rating, do not reflect our opinion, and may be incorrect or misleading. We may, but are not obliged to, verify any Reviews or Ratings for accuracy. You acknowledge and agree that if you provide a Review or Rating, such Review or Rating must be accurate, may not contain any offensive or defamatory language, may be surfaced anywhere (including publicly) on our Service or a third-party service as permitted by us, and constitute “User Content.” By providing User Content you grant us an unrestricted, perpetual, irrevocable, and royalty-free right and license to utilize the User Content, in whole or in part, in any manner and for any purpose with no obligation or accounting to you.

User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Resort, and you will defend and indemnify us and our officers, directors, employees, contractors, consultants, affiliates, subsidiaries, AND agents (individually a “Minnesota National Entity” and collectively the “Minnesota National Entities”) from and against every claim brought by a third party, and any related liability, direct or indirect damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your, Your Guests’, and/or your or their pets’ use of, or misuse of, the Resort; (b) your or Your Guests’ breach or violation of any portion of these Terms, any representation, warranty, RULE, REGULATION, or agreement referenced in these Terms, or any applicable law, rule, or regulation; (c) any dispute or issue between you and/or Your Guests and any third party; or (d) any injury, death, or damages sustained by any individual or entity, or to the property of the same (including any pets), where such injury, death, or damage is caused by your, Your Guests’, or your or their pets’ acts or omissions. The forgoing indemnification obligation shall not extend to the negligence or willful misconduct of Minnesota National Entities. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Disclaimers; No Warranties.

THE PROPERTY WILL BE DELIVERED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE RESORT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.

YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OF ANY THIRD PARTY (INCLUDING PETS) OR ANY CONDITION OR CIRCUMSTANCE OUTSIDE OF THE RESORT. FOR THE AVOIDANCE OF DOUBT, YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY AND ALL CLAIMS RESULTING FROM THE MISCONDUCT OF ANY GUEST AND THAT SUCH CLAIMS ARE TO BE BROUGHT AGAINST SUCH GUEST.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY MINNESOTA NATIONAL ENTITY BE LIABLE TO YOU FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR (II) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE RESORT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MINNESOTA NATIONAL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ANY USE OF THE RESORT IS AT YOUR AND YOUR GUESTS’ OWN RISK AND YOU AND YOUR GUESTS RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY MINNESOTA NATIONAL ENTITIES IN CONNECTION WITH ANY SUCH USE.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILL ANY MINNESOTA NATIONAL ENTITY BE LIABLE TO YOU FOR ANY AMOUNTS IN EXCESS OF THE TOTAL RENTAL AMOUNT DUE UNDER THIS AGREEMENT. ANY ACTION WHATSOEVER BY YOU MUST BE INITIAITED WITHIN SIX MONTHS OF THE DATE OF ARRIVAL AS SET FORTH IN THIS AGREEMENT.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU AS A RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR WHERE IT WOULD BE UNLAWFUL TO DO SO.

General Terms. These Terms, together with any other agreements expressly incorporated by reference into these Terms, is the entire and exclusive understanding and agreement between you and Minnesota National regarding your use of the Resort, and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, at any time without notice or consent. The failure to require performance of any provision of these Terms will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. The waiver by us of any provision of the Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of the Agreement, nor will any custom or practice which may develop between the parties be construed to waive or to lessen our right to insist upon your performance of all the provisions of the Agreement or support a claim of detrimental reliance by you. The specification in the Agreement of certain acts or omissions as bases for removing you from the Resort shall not be construed as limiting our rights to remove you for any other reason allowed by applicable law. Our acceptance of a partial payment of any fees or other amounts owed to us pursuant to these Terms will not constitute a waiver of our right to the full amount due. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Nothing in these Terms will affect your statutory rights as a consumer. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law. These Terms is governed by the laws of the State of Minnesota without regard to conflict of law principles. You and Minnesota National submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of Hennepin, Minnesota for resolution of any lawsuit or court proceeding permitted under these Terms.

Third Party Rights. These Terms is between you and us. Except where otherwise provided for in these Terms, no other person shall have any rights to enforce any of its terms.

Force Majeure. We will not be liable to you or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control including without limitation, severe weather, pandemic, power, or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest, or other similar events of “force majeure”.

Additional Terms. Your use of the Resort is subject to all additional terms, policies, rules, guidelines, or instructions applicable to the Property or certain features of the Resort that we may post on, link to from, or provide you with in writing, including through the use of Amenities or applicable Property. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Cancellation Policy

Minnesota National Golf Course & RV Park