License Terms & Conditions
Persimmon Grove RV Park ("Park") located at 7780 Grimsley Gibson Rd. Mansfield, TX 76063 is a private property and exclusively provides services for transient recreational vehicle use.
Individuals who reserve access to the Park are bound by this license agreement ("Agreement") and are considered Licensees ("Guest(s)"), the Park is the Licensor. All Guest(s) agree to license according to the terms and conditions in this Agreement. All Guest(s) and their registered visitors ("Visitor(s)") agree to follow Park rules and policies which may be subject to change without notice.
The Guest(s) agree that they are not a tenant or resident and that the Park is only offering temporary use of the following services ("Services"): assigned parking space, 50 amp electrical hook-up, water connection, and sewer connection. Additionally Guest(s) agree that the Services are only provided in accordance with this agreement and Park rules and policies. Excessive water, electric, or sewer use as determined by the Park is considered a violation of this agreement.
This Agreement is non-transferable. No Guest(s), Visitor(s), or any other partie(s) may assign, rent, sub-lease, sublet, or in any way transfer the use of any Services provided by the Park. The use of the Services and access to the Park is exclusively for the personal use and enjoyment of the Guest(s) and their Visitor(s) that are registered with the Park.
All Visitor(s) must be registered with the Park and shall only be allowed access to the Park while the Guest(s) are present. Commercial activities and/or unregistered visitors are not permitted at the Park.
All vehicles, including recreational vehicles ("RV") and trailers, in the Park must be registered with the Park and be maintained in working condition, in full compliance of all regulatory standards and requirements, and insured as required by law.
The Guest(s) confirm that their RV listed on this agreement and located at the Park is owned by the Guest(s) and will provide evidence of title or other valid proof of ownership at request. Additionally the Guest(s) acknowledge that their RV is used exclusively for traveling, camping, and/or seasonal use.
Continued use of Services in and access to the Park is contingent upon the Guest(s) adherence to all terms of this license agreement and Park rules and policies. The Guest(s) agree that the Park may terminate this agreement and/or eject Guest(s), Visitor(s), and associated property at any time and without providing refunds for violations of the Park's rules and policies, violations of this Agreement and/or suspected criminal activity. Additionally without notice or warning and at the Guest(s) expense the Park may boot, tow, or impound any vehicles of, and/or deny access to electrical, water, and / or sewer hookups to those in violation.
In the event that a Guest defaults or fails to pay in full, the Park may file theft-of-services charges and take any legal actions available to the Park to collect from and/or eject the delinquent parties, their Visitor(s), and any associated property.
The Park reserves the right to conduct a background and reputation check on any Guest(s), Visitor(s), or any individuals at or registered with the Park.
The Guest(s) agree that the license of Services shall be on a month-to-month basis. This agreement shall be automatically renewed unless canceled at any time by the Park or in writing by Guest(s) within 14 days of next payment due date.
Payment for temporary license of Services is due before check-in and on or before the reservation date of each subsequent month in the amount determined at reservation. The rate for license of Services in each subsequent month is subject to change with notice.
Late payments are subject to a late charge of 5% of the monthly license amount per day until paid in full. Stopped payments or payments returned for insufficient funds are subject to an additional $35 fee. All funds received from Guest(s) are applied first to any non-rent obligations including but not limited to late charges, returned check charges, and / or charge-backs for repairs.
Guest(s) are responsible for the timely payment of all Services and will not be notified when payment is due.
Upon execution of this Agreement, Guest(s) shall pay a deposit of $200 as security for any damage caused by Guest(s) and/or their Visitor(s) as well as for any unreturned and/or damaged property owned by the Park, excessive water, electric, or sewer use as determined by the Park, or any noncompliance with the rules and policies of the Park. Upon termination of this Agreement, all funds held by the Park as security or deposit may be applied to any payments accrued for license of Services and the amount of damages that the Park has suffered by reason of the Guest(s) or Visitor(s) negligence or noncompliance with the terms of this Agreement, rules and policies of the Park, or with any laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, or preservation of the Park. Any remaining Guest funds held as deposit or security may be forfeited when 14 day notice of cancellation is not provided.
Guest(s) are responsible for all actions of their Visitor(s), pets, and themselves. Guest(s) are responsible for the payment of all outstanding charges and fines as well as damages to the Park, property, roads, or services incurred by the Guest(s), their Visitor(s), or pets. Guest(s) are responsible for the cost to replace any missing, lost, stolen, or damaged property belonging to the Park, other Guest(s), or Visitor(s).
Guest(s) will at all times maintain a policy of insurance against: fire, theft, injury, and flooding as well as general public liability (including damages caused by fire, falling trees or branches) for a minimum amount of $50,000 in coverage pertaining to the site and all improvements and equipment brought onto the site. Guests must also maintain insurance for all of their vehicles, trailers, boats, golf carts, and any other property belonging to Guest(s) and their Visitor(s). The Guest(s) agree it is their responsibility to keep their insurance current and to immediately furnish a copy of the declaration page at the request of the Park.
The Park and the representatives of the Park reserve all rights including the right to refuse service or access to anyone for any reason at any time and the right to terminate or amend this agreement at any time. The Park also reserves the right to photograph, video, or record audio of the Park with the Guest(s), Visitor(s), pets and property for the purpose of security, safety, upkeep, maintenance, status reporting, documentation, marketing, or promotion. These photographs, videos, and recordings are only to be taken in open or public view as well as in common areas.
The Guest(s) and Visitor(s) agree that except as provided by this Agreement any and all claims or disputes in any way related to or concerning this Agreement and/or Services provided by the Park will be resolved by binding arbitration. Additionally it is agreed that any proceedings whether in arbitration or otherwise will be conducted only on an individual basis and not as a class, representative, mass, or consolidated action.
For any and all disputes or claims against the Park or any representatives of the Park, the Park and the representatives of the Park must be given first opportunity to resolve the claim by providing a written description of the claim to the Park. No commencement of arbitration or court proceedings may be initiated unless any claim cannot be resolved within 60 days of receipt of written description of the claim.
Arbitration does not apply to disputes involving eviction/ejection, theft-of-service, or trespassing initiated by the Park or the Park's representatives.
The Park nor any representatives of the Park shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of facilities, or loss due to power failures or mechanical difficulties, labor difficulties or civil unrest.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or invalidity without invalidating the remaining portions or affecting the validity or enforceability of such provision in any other jurisdiction.
This Agreement constitutes the entire agreement and understanding between the Park, Guest(s), and Visitor(s) and supersedes all prior or contemporaneous oral or written agreements and/or representations between the parties.