**Please note, this Agreement is not effective until the undersigned (guest) has signed the Agreement and returned the fully executed version to COASTAL BAY RV PARK.
1) Parties. This is a RV site service agreement (“Agreement”) between COASTAL BAY RV PARK and the undersigned (guest) as outlined in this agreement.
2) COASTAL BAY RV PARK hereby provides services of the Campground’s property to the undersigned (guest) as outlined in this agreement. COASTAL BAY RV PARK has the right issue a SEVENTY-TWO (72) hours’ notice to vacate the campground if the undersigned (guest) violates any of the policies outlined in this agreement.
3) The terms of this Agreement shall commence on the date placed below (“Effective Date”) and end when the undersigned (guest) voluntarily vacates COASTAL BAY RV PARK or unless terminated by COASTAL BAY RV PARK.
4) Park Rates and Other Changes. the undersigned (guest) shall pay COASTAL BAY RV PARK for use of the RV site one of the following rates based on the selection above: Daily: $50 Weekly: $225 Extended Stay/Monthly: $450-$495. This rate shall be paid in advance and without demand beginning on the Effective Date of this Agreement and thereafter based on the length of the stay. All payments are due and to be made payable to COASTAL BAY RV PARK. The rate for use of the RV Site may be increased by giving advance notice to the undersigned (guest). If, after the 5th day after the due date, the undersigned (guest) has not paid the total amount due under the terms of this Agreement, the undersigned (guest) will pay COASTAL BAY RV PARK the outstanding amount plus $25.00 per day in late fees for each day after the 5th day. COASTAL BAY will not accept partial payments.
5) Rules and Regulations. The undersigned (guest) and their personal guest, invitees, and all occupants shall comply with the written rules and regulations provided to the undersigned (guest). The undersigned (guest) agrees to comply with all state and federal laws, rules, ordinances, and regulations applicable to COASTAL BAY RV PARK property.
6) COASTAL BAY RV PARK Right to Terminate Agreement. COASTAL BAY RV PARK may terminate this Agreement for any or no reason by providing the undersigned (guest) a notice for the undersigned (guest) to leave COASTAL BAY RV PARK (“Agreement Termination Notice”). The undersigned (guest) agrees to render peaceful possession of the RV Site to COASTAL BAY RV PARK 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 the undersigned (guest) peaceful surrender of the RV Site to COASTAL BAY RV PARK, COASTAL BAY RV PARK may refund the undersigned (guest) the proportionate amount of any unused amounts previously paid by the undersigned (guest) to COASTAL BAY RV PARK.
7) Early Termination by the undersigned (guest). COASTAL BAY RV PARK may recover as damages for the undersigned (guest) early termination of this Agreement an amount equal to the amount of metered electricity used from the time the undersigned (guest) made their last payment.
8) Default by the undersigned (guest). The following acts constitute defaults by the undersigned (guest) (“Acts of Default”):
a. Failing to timely pay COASTAL BAY RV PARK for the RV site, outlined in Paragraph 4, above, or other lawful charges when due under this Agreement;
b. Giving false information to COASTAL BAY RV PARK;
c. The undersigned (gues) and their personal guests and/or occupants failing to comply with this Agreement, such as violating provisions of this Agreement or committing serious misconduct or criminal acts;
d. Remaining on the Property after giving notice of termination and intent to vacate; and/or
e. Remaining on the Property after COASTAL BAY RV PARK gave notice of termination at the end of the term or an Agreement Termination Notice, outlined in Paragraph 7, above.
9) Condition of RV Site. By executing this Agreement, COASTAL BAY RV PARK acknowledges and agrees that the RV Site is in good condition and is adequate for the undersigned (guest) use. Upon termination or expiration of this Agreement, the undersigned (guest) agrees to surrender the RV Site to COASTAL BAY RV PARK in a similar, good condition. If the undersigned (guest) fails to leave the RV Site in good condition, COASTAL BAY RV PARK will assess reasonable charges to the undersigned (guest) for returning the RV site back to good condition.
10) Assignment. The undersigned (guest) shall not have the right to assign or sublet the RV site hereunder to any person or persons.
11) 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, COASTAL BAY RV PARK may collect from the undersigned (guest) all reasonable costs and attorneys’ fees incurred by COASTAL BAY RV PARK in pursuing such action.
12) Waiver. COASTAL BAY RV PARK 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 relinquishment of any right or power at any one time or times be deemed a waiver of relinquishment of the right or power for all or any other times.
13) Notices. All written notices and communication regarding this Agreement, including notices sent to pursuant to TEX. PENAL CODE § 31.04(c), should be sent to the designated undersigned persons at the addresses as set forth in this agreement 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.
14) Pets. If Campground allows the undersigned (guest) to have pets on the property, the undersigned (guest) is responsible for the pet’s behavior, waste, and noise level. The undersigned (guest) agrees to clean up after his or her pet and to be considerate of other RV park guests. The undersigned (guest) is liable for any damage or injury caused by his or her pet.
15) Credit Card on File. The undersigned (guest) may be required to provide COASTAL BAY RV PARK with a valid credit card to keep on file for incidentals. The credit card information will be used by COASTAL BAY RV PARK in the event that COASTAL BAY must charge the undersigned (guest) for cleaning or repairing the RV site, as outlined in Paragraph 10, above, or if the undersigned (guest) vacates the RV site without paying COASTAL BAY RV PATK the total amount due under this Agreement. If COASTAL BAY RV PARK uses the credit card information for the reasons described above, COASTAL BAY RV PARK will provide the undersigned (guest) a statement of account listing the charges at the address provided by the undersigned (guest).
16) Severability. If any provision of this Agreement if held illegal, void, or unenforceable in a judicial proceeding, such provision shall be served and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the parties.
17) NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, USER HEREBY INDEMNIFIES, RELEASES, AND AGREED TO PROTECT AND HOLD HARMLESS COASTAL BAY RV PARK, ITS OFFICERS, OWNERS, EMPLOYEES, AND AGENTS (“COASTAL BAY RV PARK PARTIES”), FROM AND AGAINST ALL CLAIMS, CASUES OF ACTION, AND/OR LIABILITY ARISING OUT OF OR RELATED TO USER’S USE FO THE RV SITE, COASTAL BAY RV PARK PROPERTY, AND/OR ANY CONDITION THEREON, WITHOUT LIMIT AND WITHOUT REGARD TO THE CASUE OR CAUSES THEREOF OR THE GROSS NEGLIGENCE OF COASTAL BAY RV PARK PARTIES.
THEFT OF SERVICE AND CRIMINAL TRESPASS
ACCORDING TO TEXAS PENAL CODE SECTION 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 secured 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 the 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 SECTION 30.05, a person commits an offence if the person enters or remains on or in property of another, including a recreational vehicle park, without effective consent and the person has 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 the Campground’s property. We will prosecute any violations under the “CRIMINAL TRESPASS LAW.”
18) This Agreement provides the undersigned (guest) with a revocable license to the property, which may be revoked at any time for any reason.
19) This Agreement becomes effective only when COASTAL BAY RV PARK and the undersigned (guest) has signed the Agreement.
20) Evacuation. Notwithstanding anything herein to the contrary, COASTAL BAY RV PARK here by reserves the right to require the undersigned (guest) to evacuate the RV Site and/or COASTAL BAY RV PARK property in the event of an emergency or catastrophe, as determined by COASTAL BAY RV PARK, or as COASTAL BAY RV PARK otherwise determines is necessary for the protection and/or safety of the undersigned (guest) and/or any other person(s). When notified of wany such evacuation by COASTAL BAY RV PARK, the undersigned (guest) hereby agrees to, and to cause the undersigned guests, invitees and occupants to, immediately evacuate from the RV Site and/or COASTAL BAY RV PARK property, as required by COASTAL BAY RV PARK, and remain a safe distance from the affected area until COASTAL BAY RV PARK notifies the undersigned (guest) that no further hazards are present, and that the undersigned (guest) is permitted to return. COASTAL BAY RV PARK SHALL NOT BE LIABILE TO THE UNDERSIGNED (GUEST) FOR ANY COSTS OR EXPENSES SUSTAINED OR INCURRED BY THE UNDERSIGNED (GUEST) IN THE EXERCISE BY COASTAL BAY RV PARK OF ITS RIGHTS IN THIS PARAGRAPH AND THE UNDERSIGNED (GUEST) HEREBY WAIVES ANY AND ALL CLAIMS AND/OR CASUES OF ACTION AGAINST COASTAL BAY RV PARK FOR DAMAGES BY REASON OF INTERRUPTION OF THE UNDERSIGNED (GUEST) USE OF THE RV SITE BECAUSE OF THE EXERCISE BY COASTAL BAY RV PARK OF ITS RIGHTS IN THIS PARAGRAPH. FURTHERMORE, THE UNDERSIGNED (GUEST) HEREBY EXPRESSLY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ANY FAILURE BY THE UNDERSIGNED (GUEST) TO COMPLY WITH ANY SUCH REQUIREMENT OF COASTAL BAY RV PARK, WAIVES ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR DEATH, PERSONAL INJURY, AND/OR PROPERTY DAMAGE) THAT THE UNDERSIGNED (GUEST) HAS OR MAY HAVE AGAINST ANY OF COASTAL BAY RV PARK PARTIES, AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE COASTAL BAY RV PARK PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CASUES OF ACTION, AND/OR LIABILITIES, ARISTING OUT OF OR IN CONNECTION WITH THE FAILURE OF THE UNDERSIGNED (GUEST) OR ANY OF ITS GUESTS, INVITEES, OR OCCUPANTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
The provisions of this paragraph shall be binding in the undersigned (guest) and all of the undersigned (guest) heirs, legal representatives, successors and permitted assigns.
NOTICE FOR CONCEALED HANDGUNS
PURSUANT TO SECTION 30.06, PENAL CODE (TRESSPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER COASTAL BAY RV PARK WITH A CONCEALED HANDGUN.
RULES FOR ALL GUESTS
1) Site fees and any other payments (i.e. utilities) are due and payable each month per the site services agreement. You will be charges a daily late fee of $25.00 for each past due day- NO PARTIAL PAYMENTS.
2) Returned checks- A $35.00 fee will be charged for all returned checks. Cash, cashier’s check or money order will immediately required to recover the returned check, and personal check will not be accepted for any future payments.
3) The parK speed limit is 5 MPH.
4) You may park in the designated areas only. Do not park in the grass and only one vehicle per site.
5) No vehicle repairs shall be made on RV Sites. Repairs can be made at our shop with permission.
6) Pets must be on a leash at all times. Cleaning up after your pet is required and YOUR responsibility.
7) Cutting trees and plants is prohibited.
8) Your site must be kept litter free- including cigarette butts.
9) No campfires allowed; however, BBQ grills are permissible.
10) Children under 17 must be with an adult at all times.
11) Damage caused by you, your family, or guests is YOUR responsibility.
12) Please help us keep our restrooms and showers neat and clean. Report any problems immediately.
13) Swimming from any of the Park ponds are done at your own risk.
14) Quiet hours are from 10:00 PM to 7:00 AM. If we must call the authorities one time for a disturbance at your site, you will be required to leave.
15) Clotheslines are not permitted.
16) Fishing from any of the five ponds are catch and release only.
17) Dispose of your trash daily. Do not leave trash outside your unit overnight.
18) Outdoor speakers (Music) is not permitted except for in the large outdoor pavilion.
19) Do not let items accumulate under or around your unit.
20) You may NOT assign or sublet your site. You are being provided services under a site services agreement. You are NOT under a landlord/tenant arrangement - THEFT OF SERVICES APPLIES.
IF YOU FAIL TO COMPLY WITH ANY OF THE RULES, YOU MAY BE ASKED TO LEAVE COASTAL BAY RV PARK. BY SIGNING ABOVE, YOU ARE ACKNOWLEGING THAT YOU FULLY UNDERSTAND THE RULES AND THE TERMS AS OUTLINED IN THIS AGREEMENT.