Middle Fork RV Park Guest Agreement (Daily/Weekly)
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. All Guests of the Park are required to be checked in and out upon arrival/departure. If Guest fails to depart by the checkout time on Departure Date or within twenty-four (24) hours after termination of this Agreement, Guest will be trespassing and, in addition to any other rights and remedies the Park may have, the Park may remove and store Guest’s RV, vehicle and other property at Guest’s expense. Any notices to Guest required or permitted by this Agreement or law may be provided by posting the same on Guest’s RV or by sending the notice to Guest’s street or email addresses on file with the Park.
2. Refunds/Transfers. Guest agrees to pay their space (Guest occupancy) fee for 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.
3. Rules and Regulations. All Guests and visitors of 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.
4. Children and Visitors. Guest is responsible at all times for the safety and behavior of Guest’s children, pets, and visitors, or any child or pet of Guest’s visitors. 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.
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. Pet Owner Responsibility Agreement. The specific Park Rules 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.
7. 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, court costs and 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.
8. Not a Mobile Home. Guest agrees that: (a) Guest’s RV is not a “mobile home” as defined in the Colorado Mobile Home Park Residency Act, C.R.S. 38-12-200 et seq., (the “Act”); (b) the Park is not a “mobile home park” as defined in the Act; and (c) 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, short-term basis. Guest waives all rights which Guest may have under the Act.
9. 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.
10. Attorneys’ Fees / Waiver. If the Park incurs attorneys’ fees or any other cost to enforce or interpret any of the terms of this Agreement, whether or not a lawsuit or other legal proceeding is filed, Guest shall pay all of the Park’s damages, attorney’s fees and court costs. 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.
11. Entire Agreement. This Agreement is the entire agreement 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 as 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.
12. 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.
13. 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.
14. Choice of Venue. Jurisdiction and venue for any proceeding brought in connection with this Agreement will be exclusively in the state courts in Denver, Colorado.