Terms of Use and Waiver of Liability
This Agreement is entered into by and between Guest(s) and Route 66 RV Self-Park, LLC who agree to the following terms, rules, and policies as to the rental of a Recreational Vehicle parking site from Route 66 RV Self-Park LLC. Each Guest is required to consummate this agreement electronically by participating in a click through process utilizing a Guest’s device. Park requires all Guests to acknowledge and accept this Agreement prior to being invoiced rental fee for a parking site and prior to Guest being provided Park’s payment information. Payment of any rent to Park constitutes proof that Guest has read and agreed to each and every term of this Agreement.
1. Route 66 RV Self-Park LLC (“Park”) owns and operates a facility in Sullivan, MO (“Facility”) and rents to users and owners of recreational vehicles and towable campers (collectively “RVs”) certain parking sites at the Facility for parking of RVs for 14 hours or more by the owners and operators thereof (and guests thereof). The Facility shall be referenced hereinafter as the “Park”.
2. Pursuant to the terms and conditions of this Agreement, Guest hereby rents from Park a parking site at the Park. Guest represents and warrants that all adult persons who accompany Guest at the Park are co-signors of this Agreement as Co-Guests and warrant to Park that all are jointly and severally liable and responsible with Guest to Park to comply with all the terms and conditions of this Agreement.
3. Park Rules, Commitments and Requirements
A. Site Guarantees: Park does not guarantee specific parking sites within the Park unless the parking site has been reserved and paid for by Guest in advance
B. PARK RULES. Guest shall abide by all Park rules at all times. The current rules for Guests shall be posted on rvselfpark.com. Park reserves the right to update the applicable rules on rvselfpark.com from time-to-time.
4. Guest Obligations
A. Paid In Advance For Rental of parking space in Park. Guest shall pay to Park rent in the amount determined by Guest’s chosen reserved amount of parking time and as calculated upon entry of the reservation by the Guest. Each such rental payment shall be made by Guest electronically and will incur an additional dollar-fifty ($1.50) electronic transaction fee and a non-refundable eBay transaction fee. Further, each rental of a parking space may, at the Guest’s option, include certain optional items and features if the following corresponding charges are paid by the Guest:
- each additional person above the age of three (3) occupying the parking space:
- deluxe site with small patio and picnic table:
- premium site with larger patio, larger picnic table and a gazebo:
B. HOLDING OVER. If Guest retains possession of the assigned parking space, or any part thereof, after the expiration or termination of the Term, Guest shall become immediately obligated to make hourly rental payments to the Park at the hourly rate ten dollars ($10.00). After the first hour, Park may at its option increase the Rent by an additional ten dollars ($10.00) for each additional hour Guest remains in possession after the expiration of the original Term. Further, if the parking space is reserved for another incoming Guest, Park may have Guest vehicle(s) removed at the Guest’s expense. In addition, thereto, Guest shall pay Park for all damages, consequential as well as direct, sustained by reason of Guest's retention of possession beyond the original Term. The provisions of this Section do not exclude Park's rights of re-entry or any other rights thereunder. No such holding over shall be deemed to constitute a renewal or extension of the original Term.
C. Each Guest agrees that he or she is responsible for their actions and those of others registered or not and invited to the Guest’s Parking space and agree that all will follow all laws, rules, and policies of Park while utilizing the parking space and while in the Park.
D. Guest agrees to indemnify, defend and hold harmless Park and any of its employees from and against, any and all liability and/or claims whatsoever, for personal injury, bodily injury, death, and/or property damage or property loss, resulting from visit to Park and or use of parking space, any actions or conduct of Guest and/or Co-Guest and/or any violations of this Agreement or rules contained herein and as then posted on rvselfpark.com. Guest understands that Park assumes no responsibility for personal injury, property damage, fines, or legal obligations which may be incurred during the use of the Park or the parking space.
5. Miscellaneous. This agreement contains the entire understanding of the parties hereto relating to the subject matter contained herein and cannot be changed, modified or terminated except by an agreement signed by both Park and Guest. Guest specifically agrees that if any provision of this agreement is found to be invalid or unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this agreement, and the invalidity or unenforceability of any provision of this agreement in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction. This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, without regard to its choice of law principles. Venue of any lawsuit relating to this Agreement or the Park shall exclusively lie in the Circuit Court of Crawford County, State of Missouri. Further, any Guest, or Co-Guest, breaches and of his or her obligations under this Agreement, Park shall be entitled to recover from Guests and all Co-Guests any and all attorneys fees, pursuant of claim costs and litigation expenses it incurs in obtaining redress for Park’s injuries and damages resulting from the breach(es).
