Middle Fork RV Park Guest Agreement (Monthly) (To be used only for Guests staying in the months of June, July, August and September)
1. Parties/No Tenancy/Checkout. This RV Park Guest Agreement (“Agreement”) is between Middlefork RV Park, LLC, a Colorado limited liability company (“Park”) and the Guests of the Park (“Guest(s)”). This Agreement does not create a tenancy or residency or any other real property right in favor of Guest. Guest must depart by the checkout time on Departure Date indicated above or within twenty-four (24) hours of a termination of this Agreement. If Guest fails to timely depart, Guest will be trespassing and the Park may provide Guest 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, and may thereafter 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 the Park may have at law or in equity, which are cumulative.
Fees / Cancellations / Refunds. Guest agrees to pay their space (Guest occupancy) fee and their electric utility fee for each month of their stay. There will be no refunds for Guests who depart prior to the scheduled departure date. Guest may not transfer Guest’s reservation or occupancy of a space to a third party without the Park’s prior written consent, which may be granted or withheld in the Park’s sole and absolute discretion. If Guest will be absent from Guest’s RV for twenty-four (24) consecutive hours or more, prior to departing Guest will notify Park staff of Guest’s planned absence and the length of the anticipated absence.
2. Rules and Regulations. All Guests and visitors to the Park are subject to and agree to comply with all Park Rules, which are available upon request or at middleforkrvpark.com, and are fully incorporated herein by reference. The Park may modify the Rules at any time in its sole and absolute discretion. Any Guest or visitor’s failure to comply with all Park Rules will constitute cause for immediate removal from the Park.
3. Children / Visitors / Extra Guests. Guest is responsible at all times for the safety and behavior of Guest’s children and pets, or any child or pet of Guest’s guests, visitors or invitees. Guest must supervise all children under 16, and not allow children to play in the roadways. Extreme care must be taken in the supervision of children around the fishing ponds and the river. The rate includes up to four (4) Guests per RV site per night.
4. Pet Owner Responsibility Agreement. The specific Park Rules and Regulations related to and the additional terms of this paragraph are material parts of this Agreement. The park may, in its sole and absolute discretion, limit or restrict which pets are permitted at the park. Breeds of dog not permitted include but are not limited to Pit Bulls, Doberman Pincers, Chows and any other fighting breeds. Notwithstanding the forgoing, service dogs of any breed belonging to a Guest are permitted at the park so long as they are otherwise in compliance with this Agreement and all Park Rules. Guest (and all visitors to or occupants of the Guest’s RV) agree to comply fully with all of the Park’s Rules regarding pets at the park.
5. Behavior. The Park may in its sole and absolute discretion require any person to leave, without refund, for any reason, including, without limitation, disrespect to management or other guests, excessive consumption of alcoholic beverages or other objectionable behavior. If Guest violates any term of this Agreement, Guest will immediately vacate the Park and remove his or her RV and personal property upon the Park’s request. The Park also reserves the right to deny entrance to the Park or its facilities or participation in Park activities to anyone in its sole and absolute discretion. Use of marijuana in any outside area within the Middlefork RV Park is prohibited.
6. Liability – Guest. Guest will defend, with counsel chosen by the Park, indemnify and hold harmless the Park, and all management, officers, members, directors, employees and agents of the Park, from and against any and all claims, damages, costs and expenses (including, without limitation, attorneys’ fees) arising out of or related to Guest’s breach of this Agreement, or any actions or omissions of Guest, Guest’s children or pets, or Guest’s visitors, and their children or pets. Guest agrees that the Park, and all management, officers, members, directors, employees and agents of the Park are not responsible for any loss, damage or injury to Guest, Guest’s children or pets, or Guest’s visitors or their children or pets, or any of their personal property, including but not limited to by reason of Guest’s failure to properly protect their RV and/or any park equipment and facilities used by Guest from the cold.
7. Not a Mobile Home. Guest hereby acknowledges and agrees that: (a) Guest’s RV is not a “mobile home” as defined in the Colorado Mobile Home Park Residency Act, Colo. Rev. Stat. 38-12-200 et seq., (the “Act”); and (b) the Park is not a “mobile home park” as defined in the Act. 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 providing a guest permission to use a generic RV parking space on a temporary basis.
8. Late Fees / Dishonored Check Fees. If any payment due from Guest is not made in full by the date due, Guest will pay a late fee of $50.00 or 10% of the amount due, whichever is greater. In addition, Guest will be in default of this Agreement and the entire unpaid amount will begin to accrue interest at the rate of 18% per annum from the date due until paid in full. If any check from Guest to the Park is returned or dishonored for any reason, Guest is liable to the Park for any costs incurred by reason of such dishonored check plus a processing fee of $45.00. Guest agrees to pay the processing fee and any applicable late fee and interest, and replace the dishonored check with certified funds within twenty-four (24) hours’ notice of the dishonored check. Thereafter, the Park, in its sole and absolute discretion, shall have the option to require that any and all future payments be made by money order, cashier’s check, certified check or other immediately available funds. The Park’s rights and remedies specified in this paragraph shall be in addition to any other rights or remedies provided by applicable law, all of which are cumulative.
9. Default. If the Park incurs attorneys’ fees or any other cost to enforce or interpret any of the terms of this Agreement (including any addendum and/or the Park Rules), whether or not a lawsuit or other legal proceeding is filed, Guest shall pay all of the Park’s damages, attorneys’ fees and court costs. In the event of a default by Guest, Guest agrees to immediately vacate the Park and to immediately remove his or her RV and personal property upon the request of the Park. Guest’s failure to comply with any of the terms of this Agreement shall constitute a default of this Agreement, and the Park shall be entitled to all the remedies as set forth herein and as provided by law. In addition to all rights and remedies available to it by law or in equity, or provided elsewhere in this the Agreement or this Addendum, upon Guest’s default in the performance of any of the terms and conditions of the Agreement or this Addendum, the Park shall have the following rights: (a) if Guest abandons or vacates his/her RV, the Park may terminate this Agreement without prejudice to Guest’s liability for all amounts provided for herein for the balance of the term; and (b) in addition to any other liens or interests provided by law, Guest hereby grants and the Park shall have a lien against all of Guest’s property located at the park to secure the Guest’s performance of each and every term of this Agreement, and payment to the Park of all amounts due from Guest, including but not limited to the costs of preservation, sale, removal or disposal of Guest’s property. If Guest fails to pay any amount due to the Park for thirty (30) continuous days or more, the Park may, at its option, deny Guest access to and sell any or all of Guest’s property at public or private sale, in such manner and at such times and places as the Park, in its sole discretion, may deem appropriate, and shall apply the proceeds of the sale first to the costs of the sale, including but not limited to the Park’s attorneys’ fees, second to any fees due pursuant to the Agreement and/or this Addendum, and third to the payment of any amounts then or thereafter due to the Park. The Park shall have no obligation to determine the contents of the Premises or the value of such property prior to proceeding with a sale in accordance with this paragraph. No failure or delay by the Park in exercising any rights, powers or remedies under this Agreement will operate as a waiver of any such right, power or remedy or of the Park’s right to strictly enforce the terms of this Agreement. The Park may, in its sole discretion, terminate this agreement immediately for: (a) Guest’s failure to pay any amount due to the Park in full as and when due; (b) for Guest’s breach of any provision of the
Agreement, any Addendum or any Park Rules; or (c) if the Park or any portion thereof is destroyed or damaged so as to materially hinder the safe and effective use of the site as provided herein. If Guest fails to remove his/her RV from the park at the termination of this Agreement, the Park may, at its option, have Guest’s vehicle(s) towed, or otherwise remove and store Guest’s property without liability for loss thereof or damages thereto, such removal and storage to be for the account and at the sole expense of Guest.
10. Assumption of Risk. Guest agrees that staying at the Park and use of the Park’s facilities have inherent risks, including without limitation the risk of physical injury, disability, or death and risk of loss of use or damage to personal property. No form of preplanning can remove all of those risks. Guest assumes all risks from Guest’s stay at Park or use of any Park facilities. Guest further represents and warrants to the Park that Guest has full knowledge of the nature and extent of all risks associated with activities at the Park and the use of Park facilities, including without limitation: risks from the transportation, parking, setup, maintenance, operation, connection of RVs, environmental conditions, animal or insect attack, allergic reaction to plant life, water hazards, drowning, the acts or omissions of others, the unavailability of immediate and/or adequate emergency medical care, or latent or apparent defects or conditions in Park facilities or property. The Park does not guarantee Guest’s personal health or safety, and does not assume responsibility for the actions of others or for events that are beyond the Park’s control or that may arise due to Guest’s failure to disclose pertinent information. Guest agrees to the terms set forth above and below for themselves and Guest’s children present at the Park.
11. Releases, and Covenant Not to Sue. Guest voluntarily releases and covenants not to sue the Park, and all other persons or entities affiliated therewith, from and for any and all liability, claims or actions arising out of or related in any way to Guest’s stay at the Park, use of Park equipment or facilities, or participation in any Park activity, including, but not limited to any negligence of the Park, its agents or employees resulting in personal injury, death, illness or disease, or damage to or loss of use of personal property. If anyone is hurt or dies, or property is damaged while Guest is at the Park or using Park equipment or facilities, Guest shall have no rights to make any claim or file a lawsuit against the Park, its agents or employees, even if the Park, its agents or employees, or any of them negligently caused the injury or property damage. Guest agrees that by signing this document, Guest has assumed responsibility and legal liability for the claims or other legal demands, including attorneys’ fees and other defense costs, that may be asserted by third parties as a result of Guest’s stay at the Park. By signing this document, Guest gives up any right and the right of his/her heirs, relatives, personal representatives, and assigns to claims that Guest might otherwise have now or any time in the future against the Park, its agents, or employees, including the right to bring a court action to obtain any remedy for personal injury, death, or damage to property, however caused, arising out of Guest’s stay at the Park or use of the Park’s equipment or facilities. If you do not understand this document, you should seek legal advice.
12. Park Facilities. Guest is allowed to use bathrooms, showers and laundry areas during their stay. Please refer to Park Rules regarding property bathroom, shower, and laundry behavior. If for any reason, including but not limited to construction, maintenance, renovation and/or the freezing of water or sewer lines, the bathrooms, showers, or laundry become temporarily or permanently inoperable, such unavailability will not result in any reduction of the fees payable to the Park as provided herein or termination of this Agreement. 13. Damage to Guest’s Site. If Guest’s assigned site becomes unsafe or inoperable as a result of events not caused by Guest or reasonably within Guest’s control, the Park will try to relocate Guest to another electric only site within the Park (if available). Such relocation, if possible, will not result in any reduction of the fees payable to the Park as provided herein or termination of this Agreement.
14. 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 Colorado without regard to any of its provisions that may enable or result in the application of the law of any other jurisdiction. Jurisdiction and venue for any claim or proceeding brought in connection with this Agreement will be exclusively in the state courts in Denver, Colorado.
15. Entire Agreement. This Agreement and any addendum thereto constitutes the entire agreement and understanding between the Park and Guest and supersedes all prior or contemporaneous oral or written agreements and representations between the parties. This Agreement may not be amended, modified or altered except in writing and signed by the Park. The Guest(s) signing this Agreement represents that he or she has authority to sign on behalf of all occupants of Guest’s designated RV and acknowledges that this Agreement is enforceable against all occupants of Guest’s RV. 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.
16. This agreement is to be used only for the months of June, July, August and September. Any dates outside of these months constitute the need to comply with the Winter Monthly Guest Agreement. It is the obligation of the Guest to let the Middelfork RV Park know, in writing, that Guest needs to sign the Winter Guest Agreement if the Guest stays anytime other than the months of June, July, August and September.