arties/No Tenancy/Checkout. This RV Park Guest Agreement (“Agreement”) is between Cunningham Cove RV Park, doing business as Cunningham Cove RV Park (“Cunningham Cove”) and the person(s) identified electronically (“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 in the reservation. If Guest fails to timely depart, Cunningham Cove may provide Guest three (3) days’ notice to vacate by posting the same on Guest’s RV or by sending the notice to Guest’s street or email addresses on file. Following the expiration of the three (3) day notice period, Cunningham Cove may remove and store Guest’s RV, vehicle and other property at Guest’s expense. The remedy described in this paragraph is in addition to any other rights and remedies Cunningham Cove may have at law or in equity.
Cancellations/ Refunds. All DAILY, WEEKLY and MONTHLY reservations must be paid in full at time of reservation. This payment is only refundable up to forty eight hours (48) before the check in time. 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, whereas refunds by credit card may take two (2) business days or longer, depending on the issuing bank. Except as expressly set forth in this Agreement, all cancellations and refunds will be made at the sole discretion of Cunningham Cove. Guest may not transfer Guest’s reservation or occupancy of a space to a third party without Cunningham Cove’s prior written consent given at its discretion.
Rules and Regulations. Guest is subject to and agrees to comply with all “Park Rules and Regulations”. Cunningham Cove may modify the “Park Rules and Regulations” from time to time at its discretion. Guest hereby acknowledges receipt of the current “Park Rules and Regulations”. Guest also agrees and acknowledges that failure to comply with all “Park Rules and Regulations” will constitute a material default of this Agreement and will be cause for immediate eviction and removal from the RV Park.
Quiet Hours. Quiet hours are from 9:00 p.m. to 8:00 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 11 miles per hour (crawl speed) within the RV Park properties.
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 RV Park. Guest will not allow children to play in the roadways. Management must be notified of children’s presence. Extra guests (including children over the age of 2) are $5.00 per day, $20.00 per week or $30.00 per month.
Firearms/Weapons. Discharge of firearms and all fireworks is prohibited. Guest may transport firearms and other weapons to and from Guest’s RV 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 RV or vehicle or in a manner that is offensive or threatening to management or other guests.
Behavior. Cunningham Cove 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 Cunningham Cove and the RV 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. Extra guests (including children over the age of 2) are $5.00 per day, $20.00 per week or $30.00 per month.
Limitation of Liability – Cunningham Cove. Guest specifically acknowledges and agrees that Cunningham Cove, and all management, officers, members, directors, employees and agents of Cunningham Cove, 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 Cunningham Cove.
Indemnification. Except for losses, damages or injuries for which Cunningham Cove is responsible pursuant to our Limit of Liability, Guest will indemnify and defend Cunningham Cove, the RV Park Property Owner, and all management, officers, members, directors, employees and agents of Cunningham Cove, 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 Mobile Home. Guest hereby acknowledges and agrees that (a) Guest’s RV is not a “mobile home” and Cunningham Cove RV Park is not a “mobile home park”. 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 RV 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.
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 Texas 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 Montgomery County, Texas.
Payment Policies and Fees. At present, Cunningham Cove primarily accepts credit and debit card as a form of payment. However, in the event we accept an alternate payment to cover other costs and fees (personal check) this provision has been put in place. In the event any check from Guest to Cunningham Cove is returned or dishonored by the bank for insufficient funds or any other reason, Guest is liable to Cunningham Cove for any actual costs incurred by Cunningham Cove 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, Cunningham Cove shall be entitled to require that any and all future rent payments be made with a money order or certified check.
Utility Fees. Monthly Guests agree to pay a utility fee of $0.12/kilowatt hour for the entirety of their stay if they exceed their monthly allotment 800 kilowatt hour. Meters will be read on the day of check-in, and on or around the 25th of each subsequent month for the length of the guest’s stay. This fee has been determined based on average usage, and covers electric, water, sewer and service fees.
Default. In case of necessity of an action at law or equity to remedy any breach under the terms of this Agreement (including the “Park 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 Cunningham Cove, Guest agrees to immediately vacate the RV Park and to immediately remove his or her RV and personal property. Guest’s failure to comply with any of the terms of this Agreement shall constitute a default of this Agreement, and Cunningham Cove 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 RV) 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 Cunningham Cove 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 RV Park. Cunningham Cove shall also be entitled to recover its damages including attorney fees and costs incurred in enforcing this Agreement.
Pets are permitted at the RV Park only in strict compliance with the following 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 Cunningham Cove management.
All Guests are required to clean up after their pet(s). Cunningham Cove 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 Cunningham Cove 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. 19-F. 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 Cunningham Cove, in its sole discretion, deems to be dangerous or problematic, you agree you will promptly leave the Cunningham Cove upon request from Cunningham Cove with no recourse against Cunningham Cove and no claim for reimbursement or compensation from Cunningham Cove.
You agree to indemnify, defend and hold harmless the RV Park Property Owner, Cunningham Cove, 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, Cunningham Cove 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 Cunningham Cove will be entitled to all remedies set forth herein.