Terms & Conditions

This RV SPACE RENTAL AGREEMENT (“Agreement”) is entered into by and between HOLMES CREEK CAMPING & RV RESORT, LLC, a Florida limited liability company, (the “Park”) and the party(ies) whose name and signature appear below (individually and, if more than one, collectively herein referred to as the “Occupant”).

1.     Agreement.  This Agreement consists of (i) any preliminary documentation required by

the Park, including but not limited to, booking information on Campspot.com (“Booking”), (ii) each term and condition set forth herein, and (iii) the rules and regulations now existing and hereafter promulgated and amended by the Park in its sole discretion from time to time.

2.     Space. The Park rents the RV Space identified above (the “Space”) to Occupant for the

term identified during Booking.  Such lease shall be for the sole purpose of maintaining the recreational vehicle (the “RV”), identified during Booking, in the Space for the term of this Agreement and for occupancy of the RV by the Occupants identified below (“Permitted Occupants”).

3.     Term. The Term of this Agreement shall be as requested during Booking but never to

exceed thirty (30) days (the “Initial Term”).  After the Initial Term, the Park, at its discretion, can grant and automatic renewal up to an additional thirty (30) days if requested, and the Occupant shall remain subject to all terms and conditions of this Agreement while remaining on Park property.

NOTE:  NOTWITHSTANDING ANY OTHER PROVISION SET FORTH HEREIN, IN OCCUPANT’S BOOKING OR THE RULES AND REGULATIONS, OCCUPANT’S OCCUPANCY OF THE PARK SHALL AT ALL TIMES AND FOR ALL PURPOSES CONSTITUTE A TRANSIENT OCCUPANCY UNDER FLORIDA LAW INCLUDING, WITOUT LIMITATION, FLORIDA STATUTES §513.01(12) AND THIS AGREEMENT AND OCCUPANT’S OCCUPANCY OF THE PARK SHALL IN NO CASE BE GOVERNED BY CHAPTER 83 OF THE FLORIDA STATUTES OR ANY OTHER LANDLORD-TENANT LAW.

4.     Termination of Rental Agreement by Occupant.  This Agreement shall remain in effect

and Occupant shall be liable to pay rent as stated during Booking whether or not Occupant occupies the Space or maintains a recreational vehicle at the Space during the term hereof.  ANY TERMINATION OF THIS AGREEMENT BY OCCUPANT DURING THE INITIAL TERM SHALL OBLIGATE OCCUPANT TO PAY A TERMINATION FEE UP TO THE AMOUNT OF THE ORIGIAL BOOKING RENTAL FEE.

5.     Termination of Rental Agreement by Park.  THE PARK RESERVES THE

CONTINUING RIGHT TO TERMINATE THIS AGREEMENT FOR CAUSE AT ANY TIME, IF IN ITS DISCREATION OCCUPANT HAS VIOLATED ANY OF THE TERMS AND CONDITIONS OF RENTAL, AND RETAIN ANY AND ALL RENTAL FEES AND DEPOSITS.   

The term “for cause” is defined as follows: (i) Occupant’s failure to observe, perform, or honor any one or more of the terms of this Agreement, (ii) Occupant’s failure to observe the rules and regulations now existing or hereafter promulgated by the Park, (iii) Occupant’s engagement in conduct constituting a violation of any law, regulation or ordinance, and/or (iv) Occupant’s provision of any false or misleading information to the Park during Booking or otherwise.  In addition, after the Initial Term, the Park may terminate this Agreement at any time, without cause.

6.     Rent.   The Occupant shall pay rental fees during Booking.  All Rent shall be payable as

set forth in and otherwise directed by the Park from time to time.

7.     Occupancy.    Occupancy of the RV and the Space shall be limited to the individuals

identified as the Permitted Occupants below and/or during Booking and no more than two (2) overnight guests, provided that total occupancy of the RV shall at no time exceed the maximum design capacity of the RV.  No overnight guest otherwise permitted hereunder shall occupy the RV for more than one (1) week in any calendar month.

8.     Compliance, Conduct and Maintenance.   Occupant and each of Occupant’s guests

shall comply with all laws, rules, regulations, and ordinances regulating the Park and Occupant’s conduct and with all of the rules and regulations now in effect or hereafter promulgated by the Park.  Occupant and each of Occupant’s guests shall engage in no illegal activity on or about the RV, the Space or the RV park.  Occupant and all guest shall refrain from all forms of disruptive, disturbing or offensive conduct at all times.  Occupant shall at all times maintain the RV and the Space in good, attractive, clean and orderly condition and in a manner that is consistent with the requirements of the rules and regulations.  Occupant and Occupant’s guests shall have no open containers of alcohol beyond the RV and the Space.  Adult Occupants and Occupant’s guests shall be responsible for all minors, including but not limited to the safety of the minor(s), accompanying them while in the RV park.

9.     Occupant’s Property.  Occupant shall be solely responsible for any damage or loss to the

RV and any other property of Occupant and shall maintain appropriate insurance coverage at all times.  The Park shall not be liable for damage to the RV or Occupant’s other property of any type, for any reason or cause whatsoever.  Upon any termination, vacation or abandonment of the Park or the Space, Occupant shall promptly remove the RV and all of Occupant’s other property from the Park.  In the event that the RV or any other property of Occupant is not removed within twenty-four (24) hours of the termination of this Agreement or Occupant’s vacation or abandonment of the Park or the Space, the Park may remove and dispose of the RV and any other property in any manner that the Park may determine in its sole discretion, at the Occupant’s expense.  The Park shall in no case be required to comply with any law or statute regarding abandoned or unclaimed property including, without limitation, Florida Statutes §715.104 and shall not be liable or responsible for storage or disposition of the RV or Occupant’s other property.   

BY SIGNING THIS RENTAL AGREEMENT, OCCUPANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THIS SPACE, THE PARK SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSTION OF THE RV OR OCCUPANT’S OTHER PERSONAL PROPERTY.

10.   Indemnification, Waiver & Release. Each Occupant shall jointly and severally release,

indemnify, defend waive claim against and hold harmless, due to acts or omissions, the Park and its members, managers, employees, agents and other representatives harmless of and from any claim, demand, loss, liability, damage to person or property, death, mental and emotional distress and anguish, or cost that any of them may incur in any way related to Occupant’s occupancy of the Space and the RV park including, without limitation, (i) any personal injury or property damage suffered or sustained by Occupant or any guest of occupant, (ii) any personal injury or property damage suffered or sustained by Occupant or any guest of occupant due to any damage to the RV park or any improvements or amenities therein, and (iii) any personal injury or property damage suffered or sustained due to acts or omissions by any other Park occupants, visitors or guests whether arising from actual or alleged negligence.

11.  Rent Increases.   Should the Park agree to a rental term beyond the Initial Term, the

Park reserves the right to increase the rental fee at the time of granting the additional term.

12.  Additional Structures.   Accessory structures of any type or nature other than the RV

shall be permitted only as set forth in the rules and regulations and only with the express prior written consent of the Park.

13.  Security Deposit.   Any amount listed during Booking as a security deposit shall be

paid by the Occupant during Booking and shall be held by the Park as security for any damage or default hereunder in such manner as is permitted by law.  The amount of such security deposit shall be refunded to Occupant upon the termination of this Agreement subject to any deduction for damage or outstanding charges due and owing from Occupant.

14.  Entry. The Park and its employees and representatives shall have the right to enter onto

the Space for maintenance of utilities, maintenance of the Space, or the RV if the Occupant fails to do so, and for the protection of the Park and its other occupants at any reasonable time.  Except in the case of emergencies, such entry shall be at reasonable times and with reasonable notice so as not to interfere with Occupant’s quiet enjoyment.  The Park may enter the RV, or any other vehicle or structure on or about the Space, without prior notice to Occupant in the case of an emergency or when the RV, vehicle or structure has been abandoned.

15.  Renting or Subletting.  Occupant shall not sublease or otherwise rent all or any portion

of the RV or the Space.  Occupant shall not assign or encumber Occupant’s interest in this Rental Agreement or the Space.  No such subleasing or assignment shall be valid without the prior written approval of the Park which may be withheld for any reason in the sole discretion of the Park.

16.  Pets.    Approved pets may only be maintained in strict compliance with the rules and

Regulations of the Park.  All dogs must be on a six (6) foot leash while outside of the RV. No dog crates, fences or tie outs.

17.  Use Prohibited.  The RV and the Space shall be used only for private and temporary

recreational and sheltering purposes and no business or commercial activity of any nature shall be conducted thereon.

18.  Waiver.  Any failure of the Park to take action with respect to any breach of a term

of this Agreement or a violation of the rules and regulation shall not constitute a waiver of such term or rule.

19.  Attorney’s Fees and Costs.  In any action arising out of Occupant’s occupancy of the

Space or otherwise arising out of this Agreement, the prevailing party shall be entitled to recover all reasonable attorney’s fees and cost.

20.  Interpretation.  Each provision of this Agreement is separate, distinct, and individually

enforceable.  In the event any provision is declared to be unlawful or enforceable, the validity of all other provisions shall not be affected.  Each party waives all rules of interpretation based upon the drafting of this Agreement.

21.  Entire Agreement.    This Agreement contains the entire Agreement between the parties

regarding the subject matter hereof.  There are no agreements or understandings between the parties except as set forth in writing herein.  All prior negotiations or discussions are superseded by this Agreement.

22.  Successors and Assigns.       This Agreement and each and all of its terms, provisions,

covenants, conditions, rights and obligations shall be binding upon the time and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, executors, and administrators.

23.  Modification. This Agreement may be modified only by subsequent written instrument

executed by each of the parties hereto.

24.  Acknowledgment.     Occupant acknowledges that each of them has read, understood and

received copies of this Agreement, any related booking information and rules and regulations of the Park if requested and has freely and voluntarily consented and agreed to all terms and conditions set forth therein.