Sky Park RV Ranch Rules

---

1. Parties. This Sky Park RV Ranch Recreational Use Agreement and Release ( “Recreational Use Agreement”) between Sky Park RV, LLC (“Park”) and you (“your” or “Guest”) governs the provision and use of recreational equipment on Park’s property. This Recreational Use Agreement is governed by and incorporates the RV Site Services Agreement between the parties. All capitalized words not defined within this Recreational Use Agreement take on the definitions assigned to them in the RV Site Services Agreement.
    
2. Equipment. Guests 18 years old and older may from time to time borrow from Park recreational equipment such as kayaks, paddleboats, and bicycles. Only registered guests may use the equipment. Guest will not allow use of the equipment by any non-registered person.
    
3. Applicable Laws and Regulations. Guest agrees to obey all state, federal, and local boating regulations, laws, ordinances, and lawful directives from appropriate emergency or law enforcement personnel, while operating or using Park equipment. Guest is solely responsible for any citation or violation occurring during the use of, or as a result of using, the equipment.
    
4. Guest’s Ability and Equipment’s Condition. Guest represents and agrees that it is capable of safely operating and handling all equipment described above and finds it is in good working order, condition, and repair. Guest represents that he or she has adequate skills, knowledge, and experience to safely complete the planned activity and that Guest has made adequate preparations to ensure safe completion of the activity.
    
5. Guest’s Return of Equipment. Guest agrees to return the recreational equipment to Park in the condition in which it was received. Guest will use all equipment only for its designed purpose.
    
6. Damage, Loss, or Theft of Equipment. Guest agrees to bear the risk and responsibility of damage to, or loss or theft of, the equipment. This includes acts of vandalism and theft. In the event of damage to, or loss or theft of, the equipment, Guest will pay Park the full cost of repair or replacement, without depreciation.
    
7. Guest’s Acknowledgement and Assumption of Risk. Guest expressly acknowledges and agrees that recreational activities, such as but not limited to kayaking, paddle boating, and biking pose inherent risks of injury to persons and property. Guest is aware of those risks and understands them. Guest acknowledges that life jackets are made available with boating equipment, and that under Texas Law and this Recreational Use Agreement there must be one life jacket present in boating equipment (including paddleboats and kayaks) for each person in the boating equipment at all times. Guest understands that the use of a life jacket for boating, or a helmet for biking, or other applicable safety equipment, does not eliminate all risks of injury, nor does it make the activity safe. Guest alone has determined the sufficiency of any safety gear or other precautions that Guest decides to take to minimize the risks of the activity. No Park Party, including any of Park’s employees, has made any representations regarding the safety or, or the risks of, the activity. GUEST EXPRESSLY ASSUMES THE RISK OF ANY AND ALL RECREATIONAL ACTIVITY ON PARK’S PROPERTY.
   
   
8. ALL TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE LIMITATIONS ON LIABILITY AND INDEMNITY, OF THE SKY PARK RV, LLC RV SITE SERVICES AGREEMENT ARE INCLUDED AND INCORPORATED HEREIN.
    
9. I AGREE TO AND ACCEPT THE TERMS AND CONDITIONS OF THIS RECREATIONAL USE AGREEMENT BY SUBMITTING MY RESERVATION ONLINE. My online acceptance of this Recreational Use Agreement and Release by submitting my reservation is equivalent to my signed acceptance of the Recreational Use Agreement and Release and is valid as if it were on an original signed paper document, and a copy of this document is as valid as an original signed document.
    

     
THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP. 

1. This RV Site Services Agreement ( “Agreement”) between Sky Park RV, LLC ( “Park”) and you (“your” or “Guest”), along with the Sky Park RV Ranch Rules (“Ranch Rules”) and the Recreational Use Agreement and Release (“Recreational Use Agreement”) incorporated herein governs the relationship between the Park and you whereby Park provides RV services to you. THIS AGREEMENT DOES NOT CREATE A LANDLORD TENANT RELATIONSHIP.
    
2. RV Site. Park will provide RV services on your assigned Lot Number ( “Site”) of Park’s property. Park has the right, with twenty-four hour’s notice, to relocate Guest to a substantially equivalent Site on Park’s property.
    
3. Term. This Agreement is effective as of your reservation start date (Effective Date) and remains in effect through your reservation end date (Initial Term) or until otherwise terminated pursuant to the Agreement. At the expiration of the Initial Term, and unless either party gives 14 days’ written notice of its intent to not renew, the Agreement shall automatically renew and be effective on a daily, weekly, or monthly basis as selected in your reservation (Renewal Term). This Agreement may be updated from time to time as published on the website and the then-current, published version will become effective upon your renewal.
    
4. Fees and Payment. Guest shall pay Park a Base Rate and electric utility fee for the Site services provided by Park. The Base Rate is the fee listed in your reservation and includes two adults and two children the use of the site. Guest shall pay an extra charge as specified in Guest’s reservation for each additional adult or child.
   
   4.1 Payment Method. Guest will pay all fees in advance and without demand beginning on the Effective Date of this Agreement and thereafter on a daily, weekly, or monthly basis as selected in Guest’s reservation (the “due date”). Guest will make all payments to Park through Park’s booking website. Upon five calendar day’s advance notice to Guest, Park may increase the Base Rate and any other fees, effective at expiration of the existing term.
   
   4.2 Late Fee and Interest. If Guest has not paid the total amount due under this Agreement within one business day after the due date, then Guest will pay Park a late fee of $25 per day. If all outstanding amounts, including the late fee, are not paid within 10 business days of the due date, Park may charge interest on the outstanding amount due at an annual interest rate of 21% or the maximum allowed by applicable law, applied from the original due date until paid in full. Park will not accept partial payments.
   
   
5. Electric Utility. Guests on a monthly rate shall pay Park all electrical utility charges used by Guest in connection with the use of the Site as calculated by Park pursuant to Tex. Util. Code §184.034. Park will note the beginning meter reading as of the Effective Date of this Agreement, and you may want to take a photo of the initial meter reading for your records.
   
   5.1 Electric Deposit. Guests on a monthly rate shall pay an initial electric deposit of $150.00. After expiration or termination of this Agreement, Park will compute the final electric service payment, will charge Guest for any amount over the deposit balance, and will refund Guest for any amount remaining on the deposit balance after the final reconciliation of electric service charges and other outstanding charges and fees.
   
   5.2 Withholding. If, at any time during the term of this Agreement, Guest becomes delinquent in the payment of electric services, Park may withhold electric utility services until Guest pays the delinquent amount, pursuant to Tex. Util. Code §184.036.
    
6. Rules and Regulations. You and your guests, invitees, licensees, and all occupants (“Guest’s Group”), shall comply with the rules provided to Guest or incorporated in this document. Guest agrees to comply with all Federal, State, and local laws, rules, ordinances, and regulations applicable to Park’s property and the services provided under this Agreement. Guest is responsible for the acts and omissions of Guest’s Group.
    
7. Termination. Either Party may terminate this Agreement at any time for any reason or no reason by providing written notice to the other party as detailed in this section. Guest will provide notice to Park of its intent to terminate by updating its reservation in the guest portal of the online reservation system at least 14 days prior to termination. Park will provide notice by posting at your Site, sending an email to the email provided at registration, or mailing by registered or certified mail, return receipt requested to Guest’s mailing address provided at booking and incorporated into this Agreement.
   
   7.1 If Park terminates this Agreement for convenience, Guest agrees to render peaceful possession of the Site to Park within three days after Park gives notice. If Park terminates this Agreement for cause, including but not limited to default, the termination is effective immediately and Guest must render peaceful possession of the Site to Park immediately.
   
   7.2 Unless Park terminates the Agreement for cause, including but not limited to default, termination by Park will result in Guest receiving a refund of a prorated amount of any unused fees previously paid by Guest to Park; provided that refund will be made after and only if Guest peacefully surrenders the Site to Park, pays any outstanding charges and fees, and pays its final electric utility charges. If Guest terminates the Agreement, it will not receive a refund of any fees paid.
   
   7.3 Upon termination or expiration of this Agreement, Guest will return any gate card and mailbox key provided to it by Park. If Guest fails to return the gate car or mailbox key, it will pay $25 for each unreturned card and key.
   
   
8. Default by Guest. The following acts constitute default by Guest:
    
   1. Failure to pay any fees due;
       
   2. Giving false information on any application or agreement to Park;
       
   3. Guest or Guest’s Group failing to comply with this Agreement, including but not limited to,  by violating any provision of this Agreement, the Ranch Rules or the Recreational Use Agreement;
       
   4. Remaining on Park’s property after your effective notice of non-renewal or termination, or;
       
   5. Remaining on Park’s property after Park’s effective notice of non-renewal or termination.
       
   6. Violating the Ranch Rules or Recreational Equipment Agreement.
       
9. Condition of Site. By executing this Agreement, Guest acknowledges and agrees that the Site is in safe and good condition and is adequate for Guest’s use. Upon termination or expiration of this Agreement, Guest agrees to surrender the Site to Park in a substantially similar, good condition (“Acceptable Condition”). If Guest fails to leave the Site in Acceptable Condition, Park will assess reasonable charges to Guest for returning the Site to Acceptable Condition.
    
10. Assignment. Guest shall not have the right to assign or sublet the Site to any person or entity. Park may sell, transfer, or assign all or any part of this Agreement or the Park or Sites. The new owner will have the same rights Park has but none of the obligations and you will not assert against the new owner any claims, defenses, or set-offs that you may have against Park.
     
11. Attorney’s Fees. In the event any legal proceedings of any kind are instituted to collect unpaid rates, charges, or fees, or electrical charges, or to remove or prosecute Guest for non-compliance with a non renewal or termination notice or request to vacate, Park may collect from Guest all reasonable administrative and collection costs including attorney’s fees incurred by Park in pursuing such action.
      
12. Waiver. Park’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.
     
13. Notices. Except as otherwise stated in this Agreement, all notices and communications about this Agreement, including notices sent pursuant to Tex. Penal Code §31.04(c) will be sent by registered or certified mail to Park: to Sky Park RV Ranch, 2519 County Road 323, Liberty Hill, Texas, 78642, and to Guest to: Guest’s mailing address provided at booking and incorporated into this Agreement. Notice shall become effective two days after the date of mailing by certified mail.
     
14. Pets. Pets are allowed on Park’s property at Park’s sole discretion; provided that Guest complies with Park’s rules about pets. Guest is responsible for the pet’s behavior, waste, and noise level. Guest agrees to clean up after its pet and to be considerate of other Park guests. Guest is solely responsible for any damage or injury caused by its pet.
     
15. Credit Card or Bank Information on File. Via the booking site, Guest will provide Park a valid, authorized credit or debit card and related information or bank account information for electronic funds transfer (“payment method”) by which Park will charge Guest. Park will use Guest’s payment method to bill all appropriate fees, including the initial electric utility deposit and utility charges, if applicable, and any additional use charges such as for additional time on site or pro-rated or repeated billings, charges related to cleaning or repairing the site, charges related to the use of recreational equipment as described in the Recreational Use Agreement incorporated herein, and if Guest vacates the site with unpaid charges or fees due Park, to collect the amounts due under this Agreement. Guest authorizes Park to charge the payment method as described here. At Guest’s request, Park will provide an account statement listing all charges, to Guest’s Site, or the mailing or email address provided by Guest.
     
16. NO LIABILITY. IN NO EVENT SHALL PARK’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY EXCEED THE AMOUNT PAID OR PAYABLE TO PARK UNDER THIS AGREEMENT IN THE PRIOR TWELVE MONTH PERIOD. IN NO EVENT SHALL PARK BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
      
17. INDEMNITY. GUEST WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS PARK, ITS OFFICERS, OWNERS, AGENTS, AND EMPLOYEES (“PARK PARTIES”) FROM AND AGAINST ANY LIABILITY, LOSS, CLAIM, CAUSE OF ACTION, LAWSUIT, OR EXPENSE, INCLUDING COURT COSTS, REASONABLE LEGAL FEES, AND SETTLEMENT AMOUNTS, INCURRED IN CONNECTION WITH CLAIMS BY A THIRD PARTY (INCLUDING PARK PARTY’S EMPLOYEES) FOR DAMAGES OF ANY NATURE INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH, PERSONAL INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, OR OTHER DAMAGES RELATED TO GUEST’S USE OF THE SITE, PARK’S PROPERTY, OR ANY CONDITION THEREON, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF PARK PARTIES.
     
18. Severability. If any one or more of the provisions of this Agreement are determined to be unenforceable, in whole or in part, for any reasons, the remaining provisions shall remain fully operative. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provisions will be deemed to be written, construed, and enforced as so limited.
     
19. Survival. The following provisions survive termination of this Agreement 13, 16, 17, 21.
     
20. Headings. The headings in this Agreement are for ease of reference only and have no substantive effect.
     
21. Entire Agreement. This Agreement and any identified attachments or documents incorporated by reference (including the Ranch Rules and the Recreational Use Agreement) contain the entire agreement between the parties. Absent fraud or misrepresentation by a party, no oral agreement, conversation, or representation between the parties before or after the execution of this Agreement will affect or modify its terms. Each party has read the Agreement, has received and reviewed all attached or referenced documents, understands the terms, and is bound by them.
     
22. I, Guest, by submitting my bank account information or credit or debit card information for billing, certify that I have read the information and rules in the Site Services Agreement, the Ranch Rules, and the Recreational Use Agreement and agree to be bound by their terms. I understand that I am responsible for all fees. My online acknowledgement and acceptance of this Agreement by submitting my reservation is equivalent to my signed acceptance of this Agreement and is valid as if it were on an original signed paper document, and a copy of this document is as valid as an original signed document. I AUTHORIZE SKY PARK RV, LLC TO CHARGE MY BANK ACCOUNT OR CREDIT OR DEBIT CARD AS PROVIDED IN THE SITE SERVICES AGREEMENT, RANCH RULES, AND RECREATIONAL USE AGREEMENT. 

THIS AGREEMENT DOES NOT CREATE A LANDLORD/TENANT RELATIONSHIP.