Welcome to Vista Mountain Family Investments, LLC dba WinRV Park. We ask that you take time to read our company Licensing Agreement, Terms and Conditions, Rules and Policies, Assumption of Risk and Release.

EXTENDED STAY AND OVERNIGHT RV SITE AGREEMENT

Automatic Renewal Not Guaranteed. This Agreement is NON-TRANSFERABLE.

I. GENERAL INTRODUCTION

a. The following TERMS, CONDITIONS, RULES AND POLICIES, ASSUMPTION OF RISK AND RELEASE the aforementioned used in this sentence is to be recognized as one-in-the-same (the “Terms”); as each will be enforceable collectively or as individually. The Terms are in place to govern the activities, conduct and operations within Vista Mountain Family Investments, LLC dba WinRV Park (“Owner” and “Licensor”) and the Licensees and/or their Invitees (“Guest(s)”).

b. We have the right to change, alter or expand to all rights, licenses and/or guidelines at any time. Subject to change without notice, as need be.

c. THIS AGREEMENT IN NO WAY IMPLIES A LEASE OF ANY KIND. THIS IS NOT A LEASE. IT IS NOT A LANDLORD-TENANT ARRANGEMENT. WE ARE NOT IMPLYING ANY LONG-TERM TENANCY. UNDER NO CIRCUMSTANCES SHOULD ANY GUEST CONSIDER THEMSELVES A TENANT.

d. Adherence to these Terms while on the Property is mandatory. Violating these Terms will result in a revocation of any rights, and forfeiture of any payments, deposits under the agreement. I understand that I will be responsible for any balances, in total.

e. The absence of a particular policy from the published Terms is not grounds for the granting of an exception.

f. Your reservation for an RV site is a provisional reservation, pending approval of your equipment.

II. GRANT OF LICENSE; ASSIGNMENT

a. Licensor hereby grants to Licensee and Licensee hereby accepts a license (the “License”) to use and occupy the Licensed Area for the purposes hereafter provided for the License Term. Licensee and its agents and invitees are authorized to use (for their intended purpose) all other areas in and about the Property which are used in common with others (the “Common Areas”), except as otherwise specifically provided in this License Agreement and subject to the Property’s Rules and Regulations.

b. The license granted is personal to Licensee and shall not be assigned, nor shall Licensee sublicense or otherwise permit or suffer the occupancy of the Licensed Area by any third party without the prior written consent of Licensor, which consent may be withheld in Licensor’s sole and absolute discretion.

c. Licensee may not derive any income or benefits from any assignment to a third-party.

d. No one can receive any numeration of value for their site, RV, or cabin. We do not allow anyone to subrogate their space or receive any value for their space.

III. PAYMENT POLICY

a. All fees are due in advance prior to hook-up.

b. I understand that prior to move in, I am personally liable to pay the total amount of any balances and fees presented to me. Reservations will not be honored without payment, prior to move in.

c. I agree, acknowledge the right and give permission for Vista Mountain Family Investments, LLC dba WinRV Park to allow my credit card(s) on file to be charged for any balances I may have including fees, or damages, that pertain to me or my guest(s) at any time, in full.

d. Guest authorizes Vista Mountain Family Investments, LLC dba WinRV Park to charge debit or credit card for all services rendered and understands card information will be saved for future transactions on guest’s account.

IV. THEFT OF SERVICES, CRIMINAL PROSECUTION

a. According to Texas Penal Code § 31.04 (b), any guest who leaves without paying for site services or who refuses to pay for site services, utilities, damages, cleaning fees and full balance when due is subject to criminal prosecution under the “Theft of Services Law.”

b. We will pursue all prosecutions and remedies to the fullest extent of the law. We will seek all remedies in collecting all of the fees and expenses at the cost of the offender.

c. In the event of a default, guest agrees to pay all attorney’s fees and expenses incurred due to the default.

V. CANCELLATION POLICY

a. RV Sites.

i. Within 72 hours, no refunds

ii. Within 7 days, 80% refund

iii. More than 7 days, $5.00 cancellation fee

iv. If you need to reschedule to another date before 24 hours of your reservation, we’re happy to accommodate the change of reservation. If there is a price difference in rates, you must pay the amount before we can re-book your reservation.

VI. CHECK-IN, CHECK-OUT, QUIET TIMES

a. Check-in

i. Check-in begins at 2:00pm

ii. All guests must register with online before being approved to be on the property.

b. Check-out

i. Check-out is at 12:00pm.

ii. Late check-outs are $50.00 per hour, with approval.

c. Quiet Times

i. Quiet time is from 10pm – 7am.

ii. We ask that you avoid noise violations, disturbances and nuisances, as a curtesy to all WinRV Park guests.

VII. CLEANING FEES

a. RV Site Reservations.

i. Any repairs or additional cleaning will be charged at $50.00/hour at check-out. This includes trash removal, debris or damage caused to site area.

b. Damages, replacement, value and repair, cost of property, damage or stolen, will be charged to the guest.

VIII. LATE FEES

a. Licensor shall provide Licensee with a three (3) day grace-period for all delinquent License Fee and Electrical Service payments (the “grace-period”). Upon the expiration of the grace-period, an initial late fee of twenty-five ($25.00) and a five ($5.00) per day late fee will be assessed until total balance is paid.

b. Licensee agrees that Licensor may terminate the occupancy of any defaulting guest for non-payment of License Fees or Electrical Service Charges. Licensee will be in default if Licensee is delinquent in payment of License Fees and Electrical Service Charges after five (5) days. After the fifth day, if the balance has not been paid, a three day notice to vacate the property will be posted and enforced against the Licensee.

c. Management will exercise their rights to terminate all utilities for non-payment and theft of services.

d. Fees are due on the monthly anniversary date of your stay. Late fees start midnight of the 4th day past the anniversary date. The fee is $25.00 for an initial late charge, along with a $3.00 daily late charge – until the entire balance is paid.

e. Vista Mountain Family Investments, LLC dba WinRV Park views non-payment as a very serious matter and could constitute default and revocation of occupancy in our park.

IX. CRIMINAL TRESPASS

a. According to Texas Penal Code § 30.05, 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 person(s) who receives notice to leave and refuses to do so may be subject to criminal prosecution. If Park Management asks you, or any of your guests, or anyone associated with your party, to leave - you must vacate the property, as instructed. We will seek prosecution of any violations under the “Criminal Trespass Law.”

X. PRIVATE PROPERTY

a. This property is privately owned. Vista Mountain Family Investments, LLC dba WinRV Park reserves the right to refuse service to anyone or to make changes to these Terms at any time without prior notice.

XI. LAWS

a. Compliance with Laws and Regulations

(a) Applicable laws and regulations of all state, federal, municipal, and local governments, departments, commissions, common boards and any direction of any public officer pursuant to law (collectively, “Laws”) having jurisdiction which shall impose any obligation or duty upon Licensor or Licensee with respect to the Licensed area.

(b) In addition, Licensee agrees to cooperate with Licensor and do all things reasonably necessary for Licensor to comply with Laws.

XII. RV SITES

a. It is a requirement to keep your site clean by maintaining a clutter-free space with no additional appliances/unauthorized additions.

b. The refund of the deposit is based upon all bills being paid in full, all camping equipment, RV equipment and other personal property timely removed, and the campsite in undamaged and clean condition. Any funds remaining in the Guest account will be refunded upon final inspection by the park.

c. We do not authorize any improvements to be made on any of our sites. No structures are approved.

d. Sites are not to be used for vehicle repair (including oil changes), construction, auto mechanics or remodels of vehicles or trailers.

e. Clotheslines, refrigerators/freezers are not allowed on sites.

f. Decks, casitas and screen houses are not allowed. Permanent fixtures are prohibited on all RV sites.

g. Sheds are not allowed.

h. Vista Mountain Family Investments, LLC dba WinRV Park has the right to turn off utilities to the park or any site due to active leaks of equipment, electrical danger, emergency repairs at any time. Vista Mountain Family Investments, LLC dba WinRV Park will not be responsible for any damage to equipment.

XIII. UNDERAGE GUESTS (anyone under the age of 18 years old: is considered underaged)

a. Registered Guest(s) of the minor(s) party are responsible for the conduct, action, damages of the underage visitor.

b. Underage Guest(s) must be accompanied by an adult at all times.

c. Adult Guest(s), registered Guest(s) of underage Guest(s) assumes all risks of loss or damage and advised to carry their own insurance. Any damages caused by underage Guest will be the responsibility of the registered Guest(s) of the booking party.

d. Vista Mountain Family Investments, LLC dba WinRV Park does not tolerate harassing, disruptive, profanity, threatening language, abusive behavior or unlawful behavior is not tolerated to the Park staff or other Guests. Common courtesy shall prevail to all persons in the park.

e. Parents/Registered Adult, supervising adult, is responsible for the safety of the underage Guest.

XIV. SEWAGE, WASTE DISPOSAL

a. The cost of maintaining and repairing sewage lines is extremely expensive. Prohibited items include, but are not limited to: flushable wipes, feminine hygiene products, toys, foreign objects and/or items that obstruct or damage the line(s).

b. Anyone who causes damage to the sewage system by flushing prohibited items will be held liable for any damages, repairs, materials, and labor associated with damages.

c. Use of RV toilet paper is mandatory.

d. Payment will be required effective immediately.

XV. VEHICLES

a. All vehicles must be in good, working condition and have up-to-date licenses, registration, and current insurance.

b. Vista Mountain Family Investments, LLC dba WinRV Park does not allow any maintenance or repair of motor vehicles, cars, motorcycles, etc. in the park.

c. Management has the sole right to remove, tow, any RV, trailer, motorhome, motorcycle, vehicle of any type.

d. A vehicle, trailer, motorcycle, etc. will be viewed as abandoned 48 hours after Guest(s) leave the Park with their primary dwelling that they have chosen as housing.

e. A maximum of 2 approved vehicles, per site.

f. Prohibited vehicles include, but are not limited to: Cargo trailers, construction trailers, lowboy trailers, enclosed trailers, car dollies, boats, and/or anything on nomadic wheels, etc.

g. Golf carts and side by side RTV or UTVs are to be approved by management and are subject to additional fees. If approved, these must be used in a responsible and quiet nature. Failure to do so will result in a loss of privileged to use said vehicle. Drivers under the age of 18 and without a license are NOT ALLOWED to operate golf carts or any recreational vehicle.

h. No go-carts, 4 wheelers or ATV’s allowed.

g. Trailer, boats and/or secondary vehicles must be approved by management. $50.00-$100.00 site fee will be assessed.

XVI. ANIMAL POLICY

a. I hereby agree to the following regulations and conditions relating to my animal while at Vista Mountain Family Investments, LLC dba WinRV Park with my animal.

b. Nuisance Animals. We do not tolerate any animal(s) of any type, to be a nuisance to our Guests at the park that prevent the quiet enjoyment of our Park’s facilities.

c. Excluded Animals. I agree that Park Management Vista Mountain Family Investments, LLC dba WinRV Park has the sole discretion to exclude animal breeds. The basis for exclusion may include, but is not limited to the following: breed-specific exclusions; due to their young age are exempted from state or local law vaccination requirements; are sick; are in heat; are aggressive, vicious, dangerous or potentially dangerous; require muzzling; or are easily frightened or sensitive, resulting in disruptive behavior (such as fighting or biting) in response to a stimulus.

d. Animals are limited to two (2) per RV site.

e. Animal fences are only allowed on Property with written approval of Manager and must have scope, material, and size of fence, approved my Management. Failure to do so will require a Guest to take down any structure, effective immediately and upon request.

f. Guests are required to clean-up after their animal and dispose of waste properly, immediately after animal discharge. Guests violating this policy may be subject to a fine of five ($5.00) for each violation and/or removal from the Property.

g. Supervision. I agree to keep my animal on a leash or in a carrier while in all public areas of the Property. I further agree to have my animal with me or a designated individual at all times and understand that I may not leave the animal unattended at the Property or RV Site. I agree to prevent noise or any other disturbance by my animal, in the interest of other guests at the Property.

h. Animal(s) cannot be tethered, leashed, chained or otherwise attached to any structure and left unattended. Such behavior is prohibited, Management has a zero tolerance for such violations.

i. Vaccinations. I represent and warrant that my animal is up to date on all vaccinations (including rabies and distemper) and flea treatments.

j. Disturbances. I agree that, should my animal create any disturbances, which cause complaints to be made to the management by other guests of the park, at the request of management, I will immediately make arrangements to house my animal elsewhere outside the park. Additionally, I understand and agree that if I do not find alternative housing for my animal after being asked to do so, I will be asked to leave the Property and will not be issued a refund.

k. Assumption of Risk and Release. I understand that my permission to have my animal at the park with me is a privilege and not a contractual right. Such permission is expressly conditional upon my adherence to the terms of these rules and other rules in effect at any given time. I understand that Vista Mountain Family Investments, LLC dba WinRV Park may revoke such permission at any time for any reason. Additionally, I hereby assume all responsibility of risks, injury, damage, other harm that may occur while my animal is at the park or caused by my animal. Further, I hereby knowingly and voluntarily expressly release and discharge the Park, its owner, its agents, its parent companies, members, managers, directors, officers and employees (“Released Parties”) from any and all claims, damages, liabilities, injuries, demands, or causes of action, both present and future, whether known, unknown, anticipated or unanticipated, that me or my guests or invitees may have against any of the Released Parties arising out of or incident to my animal’s presence in the Park, whether arising from any act or omission, whether negligent or otherwise, of me, my animal and/or any guest or invitee. I further agree to indemnify each of the Released Parties for any and all such claims, damages, liabilities, injuries, demands, or causes of action, including costs, expenses, and attorney’s fees arising as a result of or related to the presence of the animal at the park. This provision shall be enforceable to the fullest extent of the law.

l. Acknowledgment. By signing below, I acknowledge that I have read the foregoing Assumption of Risk & Release and fully understand its provisions and implications. My execution of this Release is entirely voluntary and intended to be binding on my heirs, executors, legal representatives and assigns. I have read these “Terms and Conditions” and agree to follow and adhere to the above.

XVII. GENERAL

a. THIS IS NOT A LEASE. THE PARTIES DO NOT INTEND TO CREATE A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY FOR LICENSEE THROUGH THIS LICENSE AGREEMENT, AND THE PARTIES ONLY INTEND TO CREATE A LICENSE THAT IS REVOCABLE AT WILL BY LICENSOR AS PROVIDED HEREIN.

b. By entering the premises, I consent and authorize the park and anyone else it may authorize to film, tape, photograph or otherwise record me and use the photographs and/or motion pictures and video taking of me including my name, likeness, and voice, as well as any testimonial statements made by myself, and all other aspects of my personality (“Publicity Items”), and any reproduction of them in any form, to publicize, promote and to advertise park activities in any media now known or later developed, in perpetuity, without further compensation.

XVIII. MISCELLANEOUS

a. No generators, fireworks or loud music

b. No clotheslines or hanging laundry outdoors.

c. No indoor items are to be placed outside of the RV (i.e. Residential furniture)

d. To allow for our lawn maintenance, no personal items (i.e. lawn chairs, potted plants, rugs, etc.) may be kept on the grass or gravel.

e. Outdoor items should be neat and orderly. All outdoor items may be asked to be removed by management.

f. Portable gas and charcoal grills are allowed.

g. Wood fires are not allowed on the Property unless in a grill. Burn/Fire bans must be observed.

h. Non-operative vehicles, motorcycles, bikes, mopeds, golf carts are not allowed in the park.

i. No sheds, porches, decks, tents, tarps, hot tubs, or utility buildings allowed unless approved by management.

j. Cutting of trees and plants is prohibited.

k. No screws, bolts or nails in park trees.

l. The use of fireworks in the park and surrounding areas is not allowed.

m. Do not feed wild or stray animals.

n. No BB gun, pellet gun, air gun and or paintball gun use is allowed in the park.

o. There is NO firing of weapons on the Property.

p. All weapons shall be kept in compliance with local/state/federal laws.

q. No window, a/c or split system units allowed.

r. Absolutely no tarps allowed to be used for roof repair.

s. No personal trash cans at site. All trash must be removed and disposed of immediately to the dumpster. Trash around your RV attracts wild animals such as snakes, wild animals, rodents, mice, raccoons, possums that may have rabies, squirrels that damage wiring, fire ants, not to mention roaches.

t. Stored firewood must not be excessive or unsightly or you will be asked to remove it.

u. Permanent improvements such as trees, shrubs, flag poles, or other similar items are not allowed.

v. All fire bans must be observed.

w. No illegal drugs are allowed on the Property. Further, the use of illegal drugs is absolutely prohibited.

x. Fines may range from $5.00-$50.00, per violation.

y. Vista Mountain Family Investments, LLC dba WinRV Park is not responsible for any damage to items left in common areas and/or immediately adjacent to RV.

z. Vista Mountain Family Investments, LLC dba WinRV Park will not tolerate any onerous, noxious, or offensive activity of any sort that could interrupt and/or adversely affect the enjoyment of other parties utilizing our facilities. In the event of such onerous, noxious, or offensive activity, in the judgment of management, the parties responsible for such activities will be required to leave the park immediately without a refund.

aa. I also agree to vacate the premises at the request of Management.

bb. This agreement does not constitute a landlord/tenant Agreement. Payment for site use, services rendered and/or use of common areas and facilities is under a host-guest arrangement.

cc. Improvements are the property of the park. Removal of improvements will be viewed as theft, damage to the park and/or vandalism.

dd. WE STRONGLY RECOMMEND THAT GUESTS PURCHASE AND USE A SURGE PROTECTOR PRIOR TO PLUGGING INTO THE POWER PEDESTAL. IN THE EVENT OF A POWER SURGE, VISTA MOUNTAIN FAMILY INVESTMENTS, LLC DBA WINRV PARK WILL NOT BE HELD RESPONSIBLE FOR DAMAGES.

XIX. CONSENT TO USE OF ELECTRONIC SIGNATURE

a. Licensor and Licensee consent to the use of electronic signatures on this License Agreement and all documents relating to the License Agreement, as well as any amendments to any of the foregoing (collectively, the “License Documents”). Licensor and Licensee agree that any electronic signatures appearing on the License Documents are the same as handwritten signatures for the purposes of validity, enforceability and admissibility, and that any electronically signed License Document shall, for all purposes of the License Documents and applicable law, be deemed to be “written” or “in writing”, to have been executed, and to constitute an original written record when printed, and shall be fully admissible in any legal proceeding. For purposes hereof, “electronic signature” shall have the meaning set forth in the Uniform Electronic Transactions Act, as the same may be amended from time to time.

b. You agree that your electronic signature, whether digital or encrypted, is intended to authenticate the Terms and Conditions contained herein and to have the same force and effect as manual signatures.

XX. FORCE MAJEURE

a. “Force Majeure Event” means any of the following events:

i. Acts of God;

ii. Floods, fires, earthquakes, explosions, or other natural disasters;

iii. War, invasions, hostilities (whether war is declared or not); terrorist threats or acts, riots or other civil unrest;

iv. Governmental authority, proclamations, orders, laws, actions, or requests;

v. Embargoes or blockades in effect on or after the date of this License Agreement;

vi. Epidemics, pandemics, or other national or regional public health emergencies;

vii. Strikes, labor stoppages or slowdowns, or other industrial disturbances;

viii. Shortages of supplies, adequate power, or transportation facilities; and

ix. Other similar events beyond the reasonable control of the parties.

b. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this License Agreement, for any failure or delay in fulfilling or performing any obligation under this License Agreement except for any obligations to make payments to the other party hereunder, when and to the extent such failure or delay is caused by a Force Majeure Event. The failure or inability of either party to perform its obligations in this License Agreement due to a Force Majeure Event shall be excused for the duration of the Force Majeure Event and extended for a period equivalent to the period of such delay. NOTHING CONTAINED IN THIS SECTION SHALL EXCUSE EITHER PARTY FROM PAYING IN A TIMELY FASHION, ANY PAYMENTS DUE UNDER THE TERMS OF THIS LICENSE AGREEMENT OR EXTEND THE TERM OF THIS LICENSE AGREEMENT.

c. Either party (the “Noticing Party”) shall give the other party notice within a reasonable time after the commencement of the Force Majeure Event, explaining the nature or cause of the delay and stating the period of time the delay is expected to continue. The noticing Party shall use best efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Noticing Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the failure or delay remains uncured for an unreasonable period of time following written notice given by the Noticing Party under this Section, either party may thereafter terminate this License Agreement upon seven (7) days’ written notice.

XXI. SEVERABILITY

a. If any provision or provisions in this License Agreement is/are found to be in violation of any law or otherwise unenforceable, all other provisions remain unaffected in full force and effect.

XXII. BINDING EFFECT

a. This License Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and shall not be modified except by an express written agreement signed by a duly authorized representative of both parties.

XXIII. TIME OF THE ESSENCE

a. Time shall be of the essence of each provision of this License Agreement in which time is a factor.

XXIV. ATTORNEY’S FEES

a. In the event that any party institutes any legal suit, action, or proceeding, including arbitration or mediation, against the other party to enforce the covenants contained in this Agreement (or obtain any other remedy in respect of any breach of this Agreement), the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.

XXV. IDEMNITY AND WAVER OF LIABILITY

a. I HEREBY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS FROM ALL CLAIMS AGAINST Vista Mountain Family Investments, LLC dba WinRV Park, its owners and agents, from any and all liability to me, my children, my invitees/guests, personal representatives, and heirs for any loss or damage on account of injury to person(s) (including death) or loss or damage to property relating to, or arising out of, use and occupancy of the WinRV Park property, facilities, amenities, water facilities (collectively, the Premises) and any dangers and hazards associated with acts of nature such as changing weather conditions; high winds; thunder and lightning; temperature fluctuations; falling trees; tree limbs, ice; or encounters with wildlife, and acts of God.

b. I understand that outdoor activities are inherently risky and present danger due to changing weather conditions, high winds, thunder and lightning, temperature fluctuations, fallen trees, tree limbs, ice, and encounters with wildlife.

c. I understand that the security of my person, my belongings and all persons registered in my party, or visitors, are my sole responsibility. WinRV Park does not provide or imply any level of security. Advise that you take all and any precaution while on the premises.

d. I acknowledge and agree that I assume all risks and dangers incidental to the activity of camping in a rustic outdoors environment located in the park including, without limitation, the danger of being injured by insects or other animals, of being injured while participating in recreational activities, such as hiking or swimming at the park or of being injured as a result of inclement weather conditions.

XVI. EMERGENCIES AND ACCIDENTS

e. We advise anyone in case of an emergency to contact 911. We are not experts in first aid, or do we represent ourselves as such. Any aid that we provide will be to Good Samaritan standards.

f. In the event of a medical emergency and/or accident, permission is herein granted for the term of this Agreement to allow for emergency medical treatment of the undersigned and/or me, my children, my invitees/guests, personal representatives, and heirs. Said permission includes permission to call emergency services. In consideration of the foregoing, I (we) hold harmless from any litigation and/or cost involved, Vista Mountain Family Investments, LLC dba WinRV Park, its owners, affiliates, members, stockholders, employees, and agents; and any other person(s), Fire and/or Ambulance Services; Emergency Technicians or hospital personnel who may render assistance.

XVII. ENTIRETY OF AGREEMENT

a. This Agreement contains the entire agreement between Vista Mountain Family Investments, LLC dba WinRV Park and Guest(s). No other representations, warranties, promises or agreements have been made by either of the parties except as set forth herein. The parties expressly intend that all prior discussions, agreements, statements, promises, understandings, and representations by and between the parties, their agents, and employees are superseded by this agreement and merged herein and, unless outlined in writing in this agreement, all such prior discussions, agreements, statements, promises, understandings, and representations shall be unenforceable and of no force and effect. No modification, waiver, or amendment of this agreement’s provisions shall be effective unless made in writing and signed by both parties.

Cancellation Policy

WinRV Park, Evant, Texas