Terms & Conditions
The Bluffs RV Park
Payment Policy:
All payments are collected through our online reservation system, Campspot. This system is very easy to use and guests find it very convenient. Park manager may elect to take other forms of payment at their discretion.
We collect a $100 deposit upon check-in. This will be returned to you in full if you check out with your full balance paid and if you leave your space clean and ready for the next guest.
We will charge the card on file any unpaid balance after you leave. By staying at our park, you agree to allow us to do this.
For longer-term guests (more than one month), we will set you up on Auto Pay. By staying at our park, you agree to allow us to do this. This makes it easy for you to stay current on your balance due, and it makes it easier on our managers not to have to pester you for payment. You will receive a reminder email before payment is due, and then we will automatically charge your card on file.
For longer-term guests (more than one-month), we collect the first month of payment up front upon booking. Subsequent monthly payments are due on the first of the month. You will be able to see all your charges and payments easily in Campspot, so you will have full visibility into your account.
For longer-term guests (more than one month), we reserve the right to charge a late fee of $5 per day beginning on the 5th of each month. This charge would be added to your account balance in Campspot.
By staying at our park, you agree that park owner is not a landlord and you are not a tenant. As such, you have no rights of any kind as a tenant under Texas law. Park owner is an innkeeper and you are on the premises under a general license which can be revoked at any time without giving any specific reason and without prior notice.
Cancellation Policy:
Short Term Stays: Reservations cancelled 7 days or more prior to start date will receive a full refund minus $3. Reservations cancelled less than 7 days prior to arrival will receive a 50% refund.
Long Term Stays (One Month or More): Reservations cancelled 14 days or more will receive a full refund of deposit minus $100. Reservations cancelled less than 14 days prior to arrival will receive a 50% refund.
Park Rules:
1. No riff-raff. Zero tolerance.
2. We promise to treat you with respect.
3. Please pay on time.
4. Please be responsive to park managers as needed.
5. Be kind to your neighbors.
6. Please help make Southern Pines a great place to live.
7. Please show the park managers respect, as we expect them to show respect to all of our guests.
8. Please don’t be too noisy.
9. By staying at our park, you agree to these Terms and Conditions.
10. You agree that we can turn on "auto-pay" with your payment method on file, and you also agree that we can charge your payment method on file any unpaid rent.
RV PARK LICENSE AGREEMENT
This LICENSE AGREEMENT (the “Agreement”) is entered into as of the Effective Date described above (the "Effective Date") by and between THE GUEST ELECTRONICALLY SIGNING THIS IN CAMPSPOT (the “Licensor”), and the Licensee described above (the "Licensee"). Licensor and Licensee are sometimes referred to herein individually as a "party" and collectively as the "parties".
WHEREAS, Licensor is the operator of that certain RV Park, THE SPECIFIC RV PARK FOR WHICH THE GUEST IS SIGNING THIS IN CAMPSPOT (the “RV Park”) featuring RV Lots, Cabins, and other facilities, and offers to license the Lot and/or Cabin described above located on a portion of the RV Park, as more particularly described and located on the map available at the offices of Licensor (the "Licensed Premises") for temporary use to Licensee pursuant to the terms and conditions of this Agreement; and
WHEREAS, Licensee desires to license the Licensed Premises from Licensor pursuant to the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement, and for other good and valuable consideration, the nature, receipt, and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. License for Temporary Use. Licensor hereby grants unto the Licensee a limited license and right to use the Licensed Premises for the stated Term described above, which may be extended or terminated pursuant to this Agreement. Licensee’s permitted use of said Licensed Premises may be revoked and terminated at any time by Licensor pursuant to the terms of this Agreement. Licensee has inspected the Licensed Premises and the RV Park, including any related amenities, facilities, and improvements thereon, and accepts the Licensed Premises, RV Park, and such amenities, facilities, and improvements thereon in their “AS IS WHERE-IS” condition and promises to maintain and take care of said Licensed Premises in accordance with the Rules set forth below. The rights granted under this Agreement shall under no circumstances permit the Licensee or his or her family, or for any other invitee or visitor of the Licensee, to reside on the Licensed Premises permanently or to establish a homestead or permanent residence on the Licensed Premises.
2. Fees and Term. Upon execution of this Agreement, Licensee is required to pay an initial deposit of $100 (may be adjusted or removed at manager/owner discretion) plus the rental fees for the Licensed Premises and any additional service fees listed on the rate sheet and/or website, as provided to Licensee (collectively, the “License Fee”). All additional rental and other service fees shall be paid in advance. The term (the “Term”) of this Agreement is set forth above, unless further extended or earlier terminated as provided herein.
3. Licensee Information and Credit Card Charges. Every Licensee must provide Licensor with a valid driver's license, credit card information, and a credit card authorization form for payment of any fees due hereunder. This agreement shall be effective as a credit card authorization form. Every Licensee must provide Licensor with emergency contact information, number and names of all family members and guests who will be entering the RV Park, a list of pet information for pets that will be entering the RV Park, and information on each vehicle entering the RV Park. Licensor may remove any vehicle that Licensor does not have current information on at Licensee's expense. Licensee shall be solely responsible for all costs, expenses, and/or damages that arise from or are relate to any family member, guest, or pet entering the RV Park and Licensee acknowledges and agrees that Licensor shall be entitled to payment from Licensee for same. Licensee hereby authorizes Licensor to charge its credit card on file with Licensor for any outstanding fees, costs, expenses, or damaged owed hereunder by Licensee.
4. Late Payments. Licensee shall pay all fees due hereunder prior to the due date thereof. Notwithstanding Licensor's right to terminate this Agreement for non-payment of any fees due hereunder, Licensor shall be entitled to collect $10 per day for all late payments and outstanding balances of $25.00 or more. If Licensee fails to make two or more payments when due, Licensor shall have the right at any time thereafter to auto-bill Licensee (adding an additional $10 auto-bill fee) for any payment due thereafter. Licensor will NOT accept anything less than FULL PAYMENT of the outstanding balance on a delinquent account that has been more than seven (7) days past due. Payments will be applied to your overall balance. Licensor reserves the right to disconnect utilities, lock electrical or breaker boxes, tow or boot any vehicle, or lock Licensee out of a cabin in an attempt to collect any fees due hereunder. Licensee also agrees to not withhold payments arising out of a disagreement or complaint with Licensor, its officers, or staff. Such complaints or disagreements do not exempt Licensee from its payment obligations hereunder, nor does it give Licensee any rights to interfere with or hinder the business operations of Licensor, nor counter any legal actions initiated by Licensor including theft-of-service, charges, or eviction proceedings. Payment of any fees due hereunder is an independent obligation of Licensee.
5. Autorenewal and Extension. Weekly and monthly terms shall automatically be renewed for the same period of time unless Licensee informs Licensor (in writing) of its desire to terminate this Agreement before the end of such Term. Licensor reserves the right to cancel any renewal or extension of the Term in its sole discretion for any reason. If Licensee desires to extend the Term of this Agreement, Licensee must notify Licensor (in writing) at least forty-eight (48) hours prior to the expiration of the Term and pay any outstanding balance due hereunder plus the License Fee for such renewal term to Licensor at the time of giving such written notice. Licensor is obligated to provide a grace period for payment of any outstanding balance or License Fee due hereunder.
6. Theft of Service. According to Texas Penal Code Section 31.04(b), any Licensee who leaves the RV Park without paying for services rendered hereunder or who refuses to pay for the services when due is subject to criminal prosecution. Licensor is providing service hook-ups for your RV and/or Cabins with full amenities. Licensor requires full payment in advance and will prosecute any violations under the Theft of Services Law. If you vacate the RV Park with an outstanding balance and fail to check out with the Licensor, you will forfeit your security deposit, any outstanding balances will be charged to your credit card, and if there is a remaining balance after applying any security deposit and/or credit card payments, such balance shall be considered a theft of services and you will be reported to law enforcement. Filing theft of service charges against a Licensee is a last resort when the customer ignores our phone calls and warnings posted on their trailer or cabin.
7. Default and Remedies. In the event Licensee (i) fails to pay any sums due hereunder when due, (ii) abandons or vacates the Licensed Premises, (iii) or Licensee or any of his/her family members, guests, invitees, visitors, or pets fails to comply with the terms of this Agreement, Licensor shall have the right to terminate this Agreement, revoke Licensee's access to the RV Park, and sue Licensee for damages. Licensor may use a variety of options, including, but not limited to, forcible entry and detainer, eviction proceedings, theft of service charges, and/or file trespassing charges in an attempt to remove Licensee and his/her family members, invitees, guests, visitors, and pets from the RV Park.
8. Rules. The rules and regulations of Licensor, as provided to Licensee through park manager and/or website, together with all federal, state, and local laws, rules, and regulations (collectively, the “Rules”) shall be strictly observed by the Licensee and his/her family members, invitees, guests, visitors, and pets. Licensee understands and agrees that the Rules may be changed at any time and without any notice to Licensee. Licensee understands and agrees that it is his/her responsibility to make themselves aware of all current Rules. If Licensee or his/her family members, invitees, guests, visitors, or pets violate any of the Rules or this Agreement, such violation shall be deemed a material breach of this Agreement and Licensee may face additional fines and/or be evicted and removed from the RV Park and forfeit any security deposits held by Licensor. Once evicted from the RV Park, you may no longer be allowed back on RV Park property for any reason with the express written consent of Licensor.
9. Disclaimer of Warranties. Licensee further promises to exercise reasonable care in and around the RV Park and its facilities that may be made available to Licensee. All facilities at the RV Park are provided “AS IS”, “WITH ALL FAULTS”, and “WITHOUT WARRANTY”. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES TO LICENSEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE RV PARK OR THIS AGREEMENT. Licensor makes no warranties whatsoever regarding the condition of the Licensed Premises. Licensee has inspected the Licensed Premises and found it suitable for Licensee’s purposes.
10. Release of Claims. LICENSEE RELEASES LICENSOR AND LICENSOR'S DIRECTORS, OFFICERS, AGENTS, INVESTORS, OWNERS, EMPLOYEES, LESSORS, LENDERS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ALL CLAIMS OR LIABILITIES FOR ANY INJURY TO LICENSEE OR HIS/HER FAMILY MEMBERS, INVITEES, GUESTS, VISITORS, OR PETS WHILE PRESENT ON THE RV PARK OR TO LICENSEE'S PROPERTY LOCATED ON THE RV PARK. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTIES BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A RELEASED PARTY. THE TERM "INJURY" USED IN THIS AGREEMENT MEANS (A) HARM TO OR IMPAIRMENT OR LOSS OF PROPERTY OR ITS USE OR (B) HARM TO OR DEATH OF A PERSON.
11. Indemnity and Waiver of Liability. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD LICENSOR AND LICENSOR'S DIRECTORS, OFFICERS, AGENTS, INVESTORS, OWNERS, EMPLOYEES, LESSORS, LENDERS, AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY’S FEES AND OTHER FEES AND COURT AND OTHER COSTS) ARISING FROM OR RELATED TO LICENSEE'S OR HIS/HER FAMILY MEMBERS, INVITEES, GUESTS, VISITORS, OR PETS USE OF THE RV PARK. THE INDEMNITY CONTAINED IN THIS PARAGRAPH (A) IS INDEPENDENT OF LICENSEE’S INSURANCE, (B) WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, AND (C) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE INDEMNIFIED PARTIES, BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNIFIED PARTY.
12. Insurance. Licensee acknowledges that Licensor's insurance, if any, does not insure Licensee against loss of personal property on the RV Park due to fire, theft, vandalism, or other causes. Licensee is responsible for insurance on Licensee’s own vehicles and property for fire, theft, flood, and other casualty loss and for Licensee’s for liability insurance coverage. Licensee will at all times, at Licensee’s sole cost and expense, subsequent to the commencement of this Agreement and during the Term of this Agreement, maintain a policy of insurance covering Licensee’s property, vehicles, and boats. It is the responsibility of the Licensee to keep their insurance current and to immediately furnish a copy of the declaration page of the insurance at the request of Licensor. Expired insurance coverage is a breach of this Agreement.
13. Assignment Prohibited. This license is personal to the Licensee. It is not assignable and any attempt to assign this license will automatically terminate all rights and privileges granted to Licensee hereunder. It is agreed between Licensor and Licensee that, in the event Licensee assigns or otherwise alienates or encumbers this license, the Licensed Premises, or conveys ownership of the recreational vehicle or other personal items situated on the RV Park pursuant to this Agreement, Licensee shall forfeit all rights and privileges granted hereunder as well as all sums paid hereunder, including any security deposit, and this Agreement shall terminate. In no event shall Licensor be required to mitigate its damages as a result of such or similar events as set forth above, nor shall any credit or refund be due to Licensee in such circumstances.
14. Miscellaneous Provisions.
a. Licensee shall not construct improvements, paint, or make any alterations, additions, or improvements to any portion of the RV Park. All alterations, additions, and improvements made in violation of this provision by the Licensee shall become the property of Licensor and Licensee will be liable for any and all costs related to restoring the RV Park to its previous state.
b. Upon termination of this Agreement, Licensee agrees to surrender the Licensed Premises, with the plumbing and any other utility connections, including any underground pipes, hookups, faucets, and fixtures in good repair, condition, and operating order, except for reasonable wear and deterioration. Any service, maintenance, or repair for parts, pipes, or equipment that are not directly related to reasonable wear and deterioration will be at the expense of the Licensee.
c. Licensor shall have the right to enter the Licensed Premises (and any vehicle on the RV Park) at all reasonable hours to inspect the same, or to make repairs and to show the Licensed Premises to prospective licensees or purchasers.
d. Licensee and his/her family members, invitees, guests, visitors, or pets shall not commit any act which is a nuisance or annoyance to the rest of the RV Park. It is expressly agreed that if at any time Licensor determines any conduct on the part of Licensee and his/her family members, invitees, guests, visitors, or pets to be objectionable and improper, Licensor shall have the right within its sole discretion and option to declare such conduct a default under this Agreement.
e. Licensee shall remove all property from the RV Park at the expiration of the Term or early termination of this Agreement and agrees that property remaining shall be deemed “abandoned” by Licensee. Licensee waives any rights to notice concerning property abandoned on the RV Park. All abandoned property may be removed or discarded by Licensor, and all expenses of removal, cleanup, sale, or other disposition (including, but not limited to, any transportation, storage, waste disposal, and/or repossession charges) incurred by Licensor or its agents shall be paid and reimbursed by Licensee. All articles left in or upon the RV Park by Licensee upon termination of this Agreement for any reason shall be disposed of by Licensor in whatever manner it sees fit and proper and without recourse by the Licensee. If Licensee has provided any security deposit, Licensor may apply the same towards payment of any and all of the expenses or charges left unpaid by Licensee.
f. No waiver by Licensor of any term, covenant, condition, agreement, provision, or stipulation herein contained shall be treated as a waiver of any other term, covenant, condition, agreement, provision, or stipulation hereof.
g. All statements and information provided by Licensee was relied upon by Licensor in executing this Agreement. If any such information or statements prove to be untrue or include misinformation, Licensee shall be in default of this Agreement.
h. All notices permitted or required by law or this Agreement to Licensor from Licensee shall be in writing and delivered to Licensor ’s on-site office. Licensee shall provide to Licensor his or her current contact information (address and phone) and update that information whenever it changes.
i. This Agreement shall constitute a full understanding between the parties and no other agreement unless in writing and signed by the parties shall be binding upon the parties with respect to the subject matter of this Agreement. This Agreement may be amended only by an instrument in writing signed by Licensor and Licensee. The unenforceability of any provision of this Agreement will not affect the enforceability or validity of any other provision of this Agreement. The Agreement will be construed according to Texas law. This Agreement is to be performed in Tyler County, Texas, and has been signed by Licensee in Tyler County, Texas. The masculine gender used in this Agreement shall also refer to the feminine and neuter genders conversely. Words used in this Agreement regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.