Live Oak Landing RV, Campground & Facilities Guest Agreement
TERMS & CONDITIONS
- Parties/No Tenancy/Checkout. This Park Guest Agreement (“Agreement”) is between WildNative LOL, LLC., the Managers of Live Oak Landing hereinafter referred to as (“LOL Park”) and the person(s) identified above (“Guest(s)”). This Agreement does not create a tenancy or residency in favor of Guest. Guest must depart by the checkout time on the day immediately following the last night indicated above. If Guest fails to timely depart, LOL Park may provide Guest an oral notification to immediately vacate and a further three (3) days’ notice to vacate their possessions by posting the same on Guest’s RV, Vehicle, Tent or other Camping Equipment, hereinafter referred to as “Equipment” or by sending the notice to Guest’s street or email addresses on file. Failure for the Guest to vacate immediately will result in the guest being guilty of a misdemeanor and Guests shall be deemed to be illegally upon the premises. Following the expiration of the three (3) day notice period, LOL Park may remove and store Guest’s Equipment, vehicle and other property at Guest’s expense. The remedy described in this paragraph is in addition to any other rights and remedies LOL Park may have at law or in equity.
- Cancellations/ Refunds. All DAILY and WEEKLY reservations must be paid in full at time of reservation. This payment is only refundable according the the Cancellation Policy as defined in the “Live Oak Landing RV, Campground & Facilities RULES & REGULATIONS”. There will be no refunds for Guests who depart prior to the originally scheduled departure date. When a refund is warranted, Guest hereby acknowledges that a refund of payment made by check may take up to thirty (30) days. Except as expressly set forth in this Agreement, all cancellations and refunds will be made at the sole discretion of LOL Park. Guest may not transfer Guest’s reservation or occupancy of a space to a third party without LOL Park’s prior written consent given at its discretion. ___________ Guest Initial
- Rules and Regulations. Guest is subject to and agrees to comply with all “Live Oak Landing RV, Campground & Facilities RULES & REGULATIONS”, a copy of which is attached hereto and incorporated herein by reference. LOL Park may modify the “Live Oak Landing RV, Campground & Facilities RULES & REGULATIONS” from time to time at its discretion. Guest hereby acknowledges receipt of the current “Live Oak Landing RV, Campground & Facilities RULES & REGULATIONS”. Guest also agrees and acknowledges that failure to comply with all “Live Oak Landing RV, Campground & Facilities RULES & REGULATIONS” will constitute a material default of this Agreement and will be cause for immediate eviction and removal from Live Oak Landing. ___________ Guest Initial
- Quiet Hours. Quiet hours are from 10:00 p.m. to 7:00 a.m. Radios, televisions and other electronic devices should never be played loud enough to be heard outside of Guest’s assigned space at any time.
- Speed Limit. The speed limit is 10 miles per hour (crawl speed) within the Park.
- Children. Guest is responsible at all times for the safety and behavior of Guest’s children. Guest must supervise all children under 18 in showers, restrooms, and all other common areas of the Park. Guest will not allow children to play in the roadways. Management must be notified of children’s presence.
- Firearms/Weapons. Discharge of firearms and all fireworks is prohibited. Guest may transport firearms and other weapons to and from Guest’s Equipment to Guest’s vehicle. Except as provided in the preceding sentence, in no event may Guest display or brandish firearms or other weapons outside Guest’s Equipment or vehicle or in a manner that is offensive or threatening to management or other guests.
- Behavior. LOL Park may require any person to leave, without refund, for any reason, including, without limitation, disrespect to management or other guests, excessive consumption of alcoholic beverages, objectionable behavior, or violation of any rule or sign.
- Liability – Guest. Guest is responsible, and agrees to indemnify and hold harmless LOL Park and the Park Property Owner, for all loss, damage or injury to any person or property caused by Guest or Guest’s guests, visitors, invitees, or pets.
- Limitation of Liability – LOL Park. Guest specifically acknowledges and agrees that LOL Park, and all management, officers, members, directors, employees and agents of LOL Park, are not responsible for any loss, damage or injury to any person or property, except to the extent caused by the gross negligence or willful misconduct of LOL Park.
- Indemnification. Except for losses, damages or injuries for which LOL Park is responsible pursuant to paragraph 10 above, Guest will indemnify and defend LOL Park, the RV Park Property Owner, and all management, officers, members, directors, employees and agents of LOL Park, for, from and against any and all claims, damages, liabilities, costs and expenses (including, without limitation, court costs and attorneys’ fees) arising out of or related to this Agreement or any actions of Guest.
- Not a Dwelling Unit. Guest hereby acknowledges and agrees that (a) Guest’s Equipment is not a “dwelling unit” as defined in the Alabama Uniform Residential Landlord and Tenant Act, Alabama Code § 35-9A-141, (the “Act”); and (b) LOL Park is not a “premises” as defined in the Act. Guest further hereby waives any and all rights which Guest may have under the Act and acknowledges that the relationship created by this Agreement is one of a property owner renting a generic SITE parking space on a temporary, short-term basis. This Agreement does not create a tenancy or residency or any other real property right in favor of Guest. ___________ Guest Initial
- Severability. The invalidity or unenforceability of any provision of this Agreement will not affect the validity of any other provision of this Agreement and, in the event that any provision is determined to be invalid or otherwise illegal, this Agreement will remain in effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
- Applicable Law/Jurisdiction/Venue. This Agreement, and all collateral matters relating to this Agreement, will be governed by and construed under the laws of the State of Alabama applicable to agreements fully made and performed therein. Jurisdiction and venue for any claim or proceeding brought in connection with this Agreement will lie exclusively in the state or federal courts located in Baldwin County, Alabama.
- Late Fees and insufficient check fees. In the event rent is not paid by the date that it is due, as defined herein, Guest will pay a late fee of $5 per day until the entire unpaid rent is paid in full. In addition, Guest will be deemed to be in default of this Agreement and the entire unpaid amount will begin to accrue interest at a rate of 18% per annum until paid in full. In the event any check from Guest to LOL Park is returned or dishonored by the bank for insufficient funds or any other reason, Guest is liable to LOL Park for any actual costs incurred by LOL Park by reason of such dishonored check including a processing fee of $45. Guest agrees to pay the processing fee and replace the dishonored check with certified funds within twenty-four (24) hours’ notice of the dishonored check. Thereafter, LOL Park shall be entitled to require that any and all future rent payments be made with a money order or certified check.
- Default. In case of necessity of an action at law or equity to remedy any breach under the terms of this Agreement (including the “Campground Rules and Regulations”), the party found to be at fault shall pay damages incurred plus reasonable attorney’s fees and court costs, including paralegal fees, necessitated by the enforcement provisions of this Agreement. In the event of a default and at the request of LOL Park, Guest agrees to immediately vacate the Park and to immediately remove his or her Equipment and personal property. Guest’s failure to comply with any of the terms of this Agreement shall constitute a default of this Agreement, and LOL Park shall be entitled to all the remedies as set forth herein and as provided by law.
- Waiver. No failure or delay by either party in exercising any rights, powers or remedies under this Agreement will operate as a waiver of any such right, power or remedy.
- Pet Owner Responsibility Agreement. The specific rules and regulations related to Pet Owner’s responsibilities contained in this paragraph are a material part of this Agreement. The undersigned Guest (and all occupants of the Guest’s Equipment) hereby agree to comply fully with all of the Pet rules and regulations set forth herein. Guest further agrees that if Guest fails to comply with any of the Pet rules and regulations, Guest will be in default of this Agreement and LOL Park will be entitled to all of the remedies set forth in this Agreement, including but not limited to the immediate removal of Guest from the Park. LOL Park shall also be entitled to recover its damages including attorney fees and costs incurred in enforcing this Agreement.
Pets are permitted at the Park only in strict compliance with the terms and conditions:
- All pets must be kept on a leash or in a cage or crate at all times during which the pet is outside of your RV. Notwithstanding the foregoing, cats that are licensed, vaccinated and have been spayed or neutered are permitted outside of your RV without a leash as long as they do not become a nuisance to other Guests. Pets must be supervised at all times. Please be advised that pets found unsupervised in the RV Park may be impounded.
- Pets are not permitted on other Guest’s RV sites. We recommend walking pets in the gravel area in front of the bath house or in other appropriate areas as approved by LOL Park management.
- All Guests are required to clean up after their pet(s). LOL Park reserves the right to assess a $25 per occurrence fee if you fail to clean up after your pet(s).
- Barking, excessive noise or other pet behavior that disturbs other Guests is not permitted. If LOL Park becomes aware of such behavior, management will notify you and request that you take action to correct the problem behavior. If such behavior continues after the second notice you receive from management, you will be required to remove the pet from the RV Park within 24 hours after notice from management.
- Pets are not permitted to be tied or chained to trees within the RV Park.
- You certify that your pet has not previously bitten or caused other injury to any person. If at any time your pet bites or otherwise injures any person or other pet at the RV Park, you will be required to remove the pet from the RV Park immediately and the pet will no longer be permitted on the RV Park premises.
- If your pet displays threatening or aggressive behavior which LOL Park, in its sole discretion, deems to be dangerous or problematic, you agree you will promptly leave the LOL Park upon request from LOL Park with no recourse against LOL Park and no claim for reimbursement or compensation from LOL Park.
- You agree to indemnify, defend and hold harmless the RV Park Property Owner, LOL Park, and their principals, members, shareholders, partners, directors, managers and employees from and against and any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with your pet residing or being located at the RV Park, including, without limitation, the claims of any third parties related to death, bodily injury or damage to persons or property caused by your pet.
- In its sole discretion, LOL Park can limit or restrict which pets are permitted at the RV Park. Breeds of dog not permitted at the RV Park include but are not limited to Pit Bulls, Staffordshire Terriers, Doberman Pinschers, Rottweiler’s, German Shepherds, and Chows. Notwithstanding the forgoing, service dogs of any breed belonging to a Guest are permitted at the RV Park.
- Failure to strictly comply with these Pet rules and regulations will constitute default of this Agreement. Also your failure to disclose and identify existence of your pets to management will constitute default of Agreement and LOL Park will be entitled to all remedies set forth herein.Please describe and give the exact number of all pets that will be staying with you at the Park (Please give breed, weight and age):
Guest Acknowledgement and Agreement to comply with Pet rules and regulations: ___________ Guest Initial
- Entire Agreement. This Agreement constitutes the entire agreement and understanding between LOL Park and Guest and supersedes all prior or contemporaneous oral or written agreements and representations between the parties. The “Campground Rules and Regulations” are incorporated herein by reference as part of this Agreement. This Agreement may not be amended, modified or altered except in writing as signed by LOL Park and Guest. The Guest(s) signing this Agreement represents that he or she has authority to sign on behalf of all occupants of Guests designated RV and acknowledges that this Agreement is enforceable against all occupants of Guest’s RV.