TERMS AND CONDITIONS AGREEMENT

1. Parties. This is a site service agreement (“Agreement”) between Concan 83 LLC dba Pitmaster RV Park (“Campground”) and Registered Guests (“User”).

2. RV Site. Campground hereby provides services on assigned lots. (“RV Site”) of Campground’s property. Campground has the right upon twenty-four (24) hours’ notice to relocate User to a substantially equivalent Lot on Campground’s property.

3. Term. The term of this Agreement shall commence as of the reservation booking date (“Effective Date”) and end upon the final day of reservation booking date. (the “Initial Term”).

4. Park Rates and Other Charges. User shall pay Campground for use of the RV site the rate agreed upon booking the reservation. Unless otherwise explicitly stated, this rate shall be paid in advance and without demand beginning on the Effective Date of this Agreement and thereafter. All payments are due and to be made payable to Campground. The rate for use of the RV Site may be increased by giving advance notice to User. If, on the day after the due date, User has not paid the total amount due under the terms of this Agreement, User will pay Campground interest on the outstanding amount at an annual interest rate of 18%. Campground will not accept partial payments.

5. Electric Utility. Electricity is included in the rental rate.

THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP.

6. Rules and Regulations. User and their guests, invitees and all occupants shall comply with the written rules and regulations provided to User. User agrees to comply with all state and federal laws, rules, ordinances, and regulations applicable to Campground’s property.

7. Campground’s Right to Terminate Agreement. Campground may terminate this Agreement for any or no reason by providing User a notice for User to leave the RV Site (“Agreement Termination Notice”). User agrees to render peaceful possession of the RV Site to Campground within three (3) days of the date provided on the Agreement Termination Notice. The three (3) days’ notice shall not be required if termination is the result of an Act of Default (as defined below). Upon User’s peaceful surrender of the RV Site to Campground, Campground will refund to User the proportionate amount of any unused amounts previously paid by User to Campground.

8. Early Termination by User. Campground may recover as damages for User’s early termination of this Agreement an amount equal to the amount that remains outstanding for the term of this Agreement.

9. Default by User. The following acts constitute defaults by User (“Acts of Default”): a. Failing to timely pay the RV Site use rate, outlined in Paragraph 4, above, or other lawful charges when due under this Agreement; b. Giving false information to Campground; c. User, User’s guests and/or occupants failing 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 Campground gave notice of termination at the end of the term or an Agreement Termination Notice, outlined in Paragraph 7, above.

10. Condition of RV Site. By executing this Agreement, User acknowledges and agrees that the RV Site is in good condition and is adequate for User’s use. Upon termination or expiration of this Agreement, User agrees to surrender the RV Site to Campground in a similar, good condition. If User fails to leave the RV Site in good condition, Campground will assess reasonable charges to User for returning the RV Site to good condition.

11. Assignment. User shall not have the right to assign or sublet the RV Site hereunder to any person or persons.

12. Attorneys’ Fees. In the event any legal proceedings of any kind are instituted to collect unpaid rates, as outlined in Paragraph 4, above, or electrical charges, Campground may collect from User all reasonable costs and attorneys’ fees incurred by Campground in pursuing such action.

13. Waiver. Campground’s failure to insist on strict compliance with the terms or conditions of this Agreement shall not be deemed a waiver of that term or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of the right or power for all or any other times.

14. Notices. All written notices and communications regarding this Agreement, including notices sent pursuant to TEX. PENAL CODE § 31.04(c), should be sent to the designated undersigned persons at the addresses as set forth below unless notified in writing to the contrary by the receiving Site Services Agreement Page 3 party. The notice shall become effective as of the date of mailing by certified mail.

15. Pets. This Campground allows User to have pets on the property, User is responsible for the pet’s behavior, waste, and noise level. User agrees to clean up after his or her pet and to be considerate of other RV park guests. User is liable for any damage or injury caused by his or her pet.

16. Credit Card on File. User will provide Campground with information for a valid credit card to keep on file. The credit card information will be used by Campground in the event that Campground must charge User for cleaning or repairing the RV Site, as outlined in Paragraph 10, above, or if User vacates the RV site without paying Campground the total amount due under this Agreement. If Campground uses the credit card information for the reasons described above, Campground will provide User a statement of account listing the charges at the address noted below.

17. 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 Agreement shall remain operative and binding on the parties.

18. NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, USER HEREBY INDEMNIFIES, RELEASES, AND AGREES TO PROTECT AND HOLD HARMLESS CAMPGROUND, ITS OFFICERS, OWNERS, EMPLOYEES, AND AGENTS (“CAMPGROUND PARTIES”), FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, AND/OR LIABILITY ARISING OUT OF OR RELATED TO USER’S USE OF THE RV SITE, CAMPGROUND’S PROPERTY, AND/OR ANY CONDITION THEREON, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE GROSS NEGLIGENCE OF CAMPGROUND PARTIES. THEFT OF SERVICE AND CRIMINAL TRESPASS ACCORDING TO TEXAS PENAL CODE SECTON 31.04, a person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation, the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. “Intent to avoid payment” is presumed if the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in recreational vehicle parks. That is, any guest who leaves without paying for site services or who refuses to pay for site services when due may be subject to criminal prosecution. We will prosecute any violations under the “THEFT OF SERVICE LAW.” THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP. Site Services Agreement Page 4 ACCORDING TO TEXAS PENAL CODE SECTON 30.05, a person commits an offense if the person enters or remains on or in property of another, including a recreational vehicle park, without effective consent and the person had notice that the entry was forbidden, or received notice to depart but failed to do so. That is, any guest who receives notice to leave and refuses to do so may be subject to criminal prosecution. If we ask you to leave, you must vacate Campground’s property. We will prosecute any violations under the “CRIMINAL TRESPASS LAW.”

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

21. This Agreement becomes effective only when Campground has signed the Agreement and returns it to User. Evacuation. Notwithstanding anything herein to the contrary, Campground hereby reserves the right to require User to evacuate the RV Site and/or Campground’s property in the event of an emergency or catastrophe, as determined by Campground, or as Campground otherwise determines is necessary for the protection and/or safety of User and/or any other person(s). When notified of any such evacuation by Campground, User hereby agrees to, and to cause User’s guests, invitees and occupants to, immediately evacuate from the RV Site and/or Campground’s property, as required by Campground, and remain a safe distance from the affected area until Campground notifies User that no further hazards are present and that User is permitted to return. CAMPGROUND SHALL NOT BE LIABLE TO USER FOR ANY COSTS OR EXPENSES SUSTAINED OR INCURRED BY USER IN THE EXERCISE BY CAMPGROUND OF ITS RIGHTS IN THIS PARAGRAPH AND USER HEREBY WAIVES ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION AGAINST CAMPGROUND FOR DAMAGES BY REASON OF INTERRUPTION OF USER’S USE OF THE RV SITE BECAUSE OF THE EXERCISE BY CAMPGROUND OF ITS RIGHTS IN THIS PARAGRAPH. FURTHERMORE, USER HEREBY EXPRESSLY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ANY FAILURE BY USER TO COMPLY WITH ANY SUCH REQUIREMENT OF CAMPGROUND, WAIVES ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR DEATH, PERSONAL INJURY AND/OR PROPERTY DAMAGE) THAT USER HAS OR MAY HAVE AGAINST ANY OF THE CAMPGROUND PARTIES, AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE CAMPGROUND PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION AND/OR LIABILITIES, ARISING OUT OF OR IN CONNECTION WITH THE FAILURE OF USER OR ANY OF ITS GUESTS, INVITEES OR OCCUPANTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. The provisions of this paragraph shall be binding on User and all of User’s heirs, legal representatives, successors and permitted assigns

RV PARK RULES

We hope you have a pleasant stay at Pitmaster RV Park. It is our intention to have a clean, quiet campground. Therefore, our campground policies are those which extend common courtesies to your neighbors. We reserve the right to evict anyone (without refund) who refuses to extend these courtesies to others.

CHECK-OUT TIME: CAMPING CABINS/TENTS/RV SITES: 11:00 am

LATE CHECK-OUT RV/TENT SITES: A $10 late fee will be assessed after 11:15am. After 1pm, a full day site fee is due. Late check-out is subject to availability. If staying an extra day, the office must know by 10:00am. (This is subject to availability.)

LOCAL WILDLIFE: Enjoy at your own risk! This is the natural habitat for wildlife. Please be respectful of all wildlife and keep a safe distance. Children under 18 must be supervised by an adult in all public areas.

OVERNIGHT GUESTS: Campground for registered guests ONLY. Additional guests, beyond original number registered, must pay $10.00 per person, per night in advance at office.

PETS: They must be kept quiet, on leash, exercised only in designated areas, and cleaned up after. Pets are NOT allowed in buildings or on the playground. There is a designated dog park. Dog Park rules are posted at the dog park entrance. DO NOT leave pets outside, tied down or unattended.

SPEED LIMIT: 12 mph. A very important rule! Please drive slowly and carefully in the park.

QUIET HOURS are from 10:00 PM to 7:00 AM. Playground is not to be used after DUSK. Please be quiet and considerate of your neighbors.

RESTROOMS: Please help us keep the restrooms clean for all guests. Please contact office if attention is needed.

ALL VEHICLES: A maximum of 2 vehicles per site. Washing is not permitted. Our water system cannot support this. If emergency maintenance must be done, please contact the office.

PARKING: Park in designated site on gravel area. Do not park on grass, in other sites or impede main roads. If additional parking is needed, contact office.

GENERATORS: NOT ALLOWED unless approved by office.

FIREWORKS: FIREWORKS NOT ALLOWED.

FIREARMS: NOT ALLOWED EXCEPT DURING HUNTING SEASON. Hunters shall be in compliance with state and local laws regarding gun possession. Firearms shall be stored securly in guests RV or designated storage areas, Hunters shall demonstrate safe hanling of all fire arms. Discharging firearms or engaging in hunting activities on or near park property are strictly forbidden.

ALCOHOL & DRUGS: Drunkenness or illegal drug use will NOT be tolerated. Violators will be evicted without refund.

OPEN FIRES: NOT ALLOWED. Use gas or charcoal grill only. This is a privately owned facility. Owner and management assume NO RESPONSIBILITY for accidents, injuries, or losses of any kind from any cause. Management reserves the right to refuse or discontinue service to anyone, at any time, for any reason including condition of and/or type of amping unit.

Cancellation Policy:

In the event that a change of plans arises, We kindly request notification no less than 14-days from arrival to receive a full refund.
Should such notification occure between 14 days and 72 hours prior to your anticipated arrival. We shall duly refund your payment, deducting only a fee equivalent to one night's rental.
Regrettably, any cancellations made within the 72-hour timeframe cannot be refunded. Our ability to resell the space becomes unlikely.
For guests who fail to appear without prior notice, the full reservation amount will be charged accordingly.

Refund Policy

Pitmaster RV Park, Concan, Texas