This RV/Tent Space Agreement (the “Agreement”) is made and entered into on the date of the reservation form submission, by and between Awesome Possum of 653 Gooseneck Cemetery Road, Graham, Texas, 76450 (the “Business”) and the party submitting the reservation form, collectively known as the “Parties.” The Parties hereby agree as follows:
Terms and Conditions
Business hereby makes available to Camper the RV/ Tent space located at Awesome Possum, 653 Gooseneck Cemetery Road, Graham, Texas 76450 and designated as space number (to be assigned upon approval). The lease will start on the approved date and will continue as a daily tenancy until such time as it is terminated by either party, with a maximum camping stay of 14 days.
2. Camping Fees
Camper agrees to pay $70.00 per week for no amenities / $140.00 for electric and water access as camping fees to a Business agent in person at their respective address as noted on the approved reservation. Upon receiving any payment of RV/ Tent space fees in cash, Business agrees to issue a receipt stating the name of Camper, the amount of rent paid, the designation of the parking space and the period for which said rent is paid.
3. Liability and Indemnity
Business shall not be responsible for damage or loss to possessions or items on premises. Business shall not be responsible for damage to Camper’s vehicle(s) or RV, whether or not such damage is caused by other vehicle(s) or person(s) on the premises and surrounding area. Business may, at Business’s sole discretion, provide hosts or attendants. In the event that the Business provides such attendants, any use of such attendant by Camper to park or drive Camper’s vehicle or RV shall be at Camper’s request, direction and sole risk of any resulting loss, and Camper shall indemnify Business for any loss resulting from such use. Liability for injury, disability, and death of site users and other persons caused by use of camp site and/or operating, handling, or transporting equipment during the site users stay is the obligation of the site user, and the site user shall indemnify and hold the Business harmless from and against all such liability.
Either party may terminate this Agreement by providing 1 days’ written notice to the other party. Any such notice shall be directed to a party at the party’s address as listed in this Lease.
5. Governing Law
This Agreement shall be governed by the laws of Texas.
6. Entire Agreement
This document contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 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 provision will be deemed to be written, construed, and enforced as so limited.
This Agreement may be modified or amended electronically, or in writing, if the writing is signed by the party obligated under the amendment.
9. Waiver of Contractual Rights
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
DISCLAIMERS. 1. All persons onsite are subject to a background check. Any convictions that may cause concern for the safety of other persons onsite will be cause for denial of services and access to property. 2. Firearms must be stored securely and any person in possession of a firearm must disclose their possession upon registration. Those in possession of firearms must be legally permitted to be in possession of firearms. 3. Four legged companions are welcome to roam freely provided vaccinations are current and documentation is provided, no aggressive behaviors or antisocial behaviors are demonstrated and owner assumes responsibility for the animal. If your fur baby(ies) does not meet these criteria, you will be required to keep them separated and prevent their interaction with other guests and animals. 4. Awesome Possum is a family friendly place and children roam freely. You children are welcome to join in on the fun, but it is the responsibility of the parent/caregiver to see to the child’s needs, including preventing access to prohibited foods and activities. 5. Due to the undeveloped nature of the property and activities, special accommodations may not be available. 6. Littering, dumping of garbage, failure to maintain an clean and tidy site, dumping of excrement on the ground, vandalism or any action that compromises the grounds, facilities or other persons will result in immediate removal from the premises without refund. 7. We reserve the right to refuse service to anyone, at any time, for any reason.
SIGNATORIES. This agreement shall be executed on behalf of Awesome Possum by Philip Causey, Owner, and by the party submitting the reservation request, and shall be effective as of the date or the approved reservation. The submission of the reservation request constitutes a digital signature and recognition of understanding to the terms of this agreement, on behalf of parties.