Site Service Agreement Terms & Conditions

Please note, this Agreement is not effective until Campground has also signed the Agreement and returned the fully executed version to User. You will be provided with a completed hard copy of this agreement signed by both parties.

RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

THE MANAGEMENT ASSUMES NO RESPONSIBILITY FOR ACCIDENTS, INJURIES OR LOSS FROM ANY CAUSE. WE MAINTAIN A NO REFUND POLICY – SUBJECT TO “SPECIAL CIRCUMSTANCES”.

GENERAL: ROYAL PALMS RV RESORT (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, i n the judgement of management, the parties responsible for such activities will be required to l eave the park immediately, without a refund.

INDEMNITY AND WAIVER OF LIABILITY: Customer shall indemnify and hold Owner harmless from and against any and all claims, demands, costs and expenses, including reasonable attorney’s fees, arising from any and all damages or injuries caused by fire, water, wind, civil strife, or acts of God, owner and / or customer actions or inactions (or those of their employees, agents, or invitees), or any other related to Customer’s use or occupation of the RV site, regardless of whether such loss was caused by the negligence of any of the Campground parties.

THEFT OF SERVICE LAW ACCORDING TO TEXAS PENAL CODE SECTON 31:04 (b), any guest who l eaves without paying for site services or who refuses to pay for site services when due i s subject to criminal prosecution. We are providing service hook-ups for your RV. We require full payment in advance and will prosecute any violations under the “THEFT OF SERVICES LAW”.

PETS:  Pets must be on a leash. You are responsible to pick up after your pet. Only 3 pets allowed per RV.

AFFIRMATION

AS A CUSTOMER OF ROYAL PALMS RV RESORT I FULLY UNDERSTAND AND ACCEPT THESE RULES AND ANY OTHER ATTACHED PARK RULES.

I also agree to vacate the premises at the request of management if I violate these rules and regulations, without a refund of any prepaid fees.

This agreement does not constitute a landlord / tenant agreement. Payment for sites is entirely for services rendered UNDER A HOST / GUEST ARRANGEMENT.

PART B: AGREEMENT

 

  1. Parties. This is a park model site services agreement (“Agreement”) between Royal Palms RV Resort (“Campground”) and “User”.
     

  2. RV Site. Campground hereby provides services on RV SITE No (to be determined) (“RV Site”) of Campground’s property.
     

  3. Term. The term of this Agreement shall commence on the date written below (“Effective Date”) (to be determined) and end on:(to be determined) (the “Initial Term”). Unless terminated by either party, after the expiration of the Initial Term, this Agreement shall automatically continue on a weekly, daily or extended stay basis.
     

  4. Park Rates and Other Charges. User shall pay Campground for use of the RV Site: Weekly: $(to be determined), Daily: $(to be determined), Extended Stay: $(to be determined).  This rate shall be paid in advance and without demand beginning on the Effective Date of this Agreement and thereafter — per week, per day, or extended stay, (length of stay to be determined).
     

  5.  All payments are due and to be made payable to Campground at the address provided below. 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.  In addition to site service rates, User is responsible for all applicable occupancy taxes.
     

  6. Electric Utility. User shall pay Campground, in accordance with the schedule for payment of the rate checked in Paragraph 4, above, all electrical power charges used by User in connection with the use of the RV  Site. This amount is (to be determined) /kWh and is calculated by Campground according to TEX. UTIL. CODE § 184.034. The beginning meter reading as of the Effective Date of this Agreement is (to be determined).
     

  7. 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.
     

  8. 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 Park Model Site to Campground, Campground will refund to User the proportionate amount of any unused amounts previously paid by User to Campground.
     

  9. 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.
     

  10. Default by User. The following acts constitute defaults by User (“Acts of Default”):

    1. Failing to timely pay the Park Model Site use rate, outlined in Paragraph 4, above, or other lawful charges when due under this Agreement;

    2. Giving false information to Campground;

    3. 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;

    4. Remaining on the Property after giving notice of termination and intent to vacate; and/or

    5. 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.
       

  11. 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 Park Model Site to Campground in a similar, good condition. If User fails to leave the Park Model Site in good condition, Campground will assess reasonable charges to User for returning the RV Site to good condition.
     

  12. Assignment. User shall not have the right to assign or sublet the Park Model Site hereunder to any person or persons.
     

  13. 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.
     

  14. 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.
     

  15. 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 party. The notice shall become effective as of the date of mailing by certified mail.
     

  16. Pets. 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 also liable for   any damage or injury caused by his or her pet.
     

  17. 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.
     

  18. 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.

 

19.  NO LIABILITY. 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 PARK MODEL SITE, CAMPGROUND’S PROPERTY, AND/OR ANY CONDITION THEREON, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF CAMPGROUND PARTIES.
 

20.   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 PARK MODEL 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.”

 

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.”

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

22.   This Agreement becomes effective only when Campground has signed the Agreement and returns it to User.

 

THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP.