WATERFRONT HIDEAWAY RANCH WAIVER
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I specifically agree that, for the purpose of binding and on behalf of myself, and each member of my family and my, his or her respective legal representatives, executors, heirs, administrators, next of kin, successors and assigns (collectively, “Releasing Party”), and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged (including, but not limited to, the extension of guest privileges to me), I and all Releasing Party IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE, to the maximum extent permitted under applicable law, Peter Maugans and Gretchen Benolken Maugans, Waterfront Hideaway Ranch, LLC, Nonahmeh LLC, and his or her respective legal representatives, members, managers, Released Partys, Releasing Partys, executors, heirs, next of kin, estate, administrators, employees, agents, attorneys, successors, and assigns (collectively, “Released Party”), of and from all civil and/or criminal charges, complaints, contracts, promises, disagreements, disputes, agreements, controversies, suits, rights, demands, causes, losses, debts, actions, causes of action, claims, judgments, obligations, damages, liquidated damages, lawsuits, liabilities, and expenses, including any claims for attorney’s fees and costs, of any kind and character, known or unknown, suspected or unsuspected, anticipated or unanticipated, which I or any Releasing Party now have, claim to have, or may have in the future against any Released Party arising out of or related in any way to my being a guest of Peter Maugans, Gretchen Benolken Maugans, Waterfront Hideaway Ranch, LLC, and/or Nonahmeh LLC, at their real property located on Lloyds Road in Denton County, Texas (the “Ranch”), including, but not limited to, my participating in any events or activities during the time period that I or they am or are a guest at the Ranch.
I understand that the events and activities that are being released herein that I and Releasing Party may participate in as a guest at the Ranch will be inherently dangerous and may cause serious or grievous injuries, including personal injury, bodily injury, damage to and/or loss of personal property, and/or death. Such events and activities may include, but not be limited to, driving and/or riding on three- and four-wheelers, golf carts, tractors, trailers, and other motorized vehicles, using equipment, boating, fishing, kayaking, hiking, swimming, climbing trees, exploring, encountering tamed and wild animals, reptiles and insects, camping, and other activities. I realize that by signing this document, I am waiving all claims for damages, injuries, and death sustained by me or my property that any Releasing Party may ever have against any Released Party that is in any way related to or arising from 1) my being a guest at the Ranch, 2) my using any motorized or non-motorized vehicle, including, but not limited to, four wheeler, all terrain vehicle, boat, jetski, wave runner, kayak, canoe, paddle board, paddle boat, or other equipment and/or 3) my participating in any and all events and activities either at the Ranch or as a result of being a guest at the Ranch.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE FROM LIABILITY. I understand and confirm that by signing this WAIVER AND RELEASE FROM LIABILITY that I have given up considerable future legal rights on my own behalf, and on behalf of Releasing Party. I have signed this WAIVER AND RELEASE FROM LIABILITY freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me, and I understand and confirm that this document supersedes any prior oral or written agreement concerning the subject matter herein. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the fullest extent of the law. I am 18 years of age or older, and I am mentally competent to enter into this WAIVER AND RELEASE.
I further understand and agree that if (1) any provision of this WAIVER AND RELEASE FROM LIABILITY is prohibited by law, such prohibition shall not affect the validity of the remaining provision, and (2) any provision of this be found by a court of competent jurisdiction to be invalid, unenforceable, illegal or void for any reason, such provision shall be replaced with a provision that is valid, enforceable, and legal and which, to the greatest extent possible, provides the same rights, duties and/or obligations as were provided in the invalid, unenforceable, illegal and/or void provision.
3.06. Released Party hereby grants Releasing Party and Releasing Party’s invitees a non- exclusive license over and across Released Party’s Property for the exclusive purpose of permitting Releasing Party to reach Lake Lewisville (the “Lake Access”). Releasing Party expressly agrees to keep all external gates on Released Party’s Property closed and chained. Releasing Party shall be solely responsible for the conduct of and safety of Releasing Party’s invitees using the Lake Access. Releasing Party shall personally accompany any and all of Releasing Party’s invitees at all times that such invitees are on the Leased Premises, the Released Party’s Property and/or the Lake Access.
9.01. Indemnification of Released Party. Released Party is not liable for any loss, damage, cost, or injury of any kind whatsoever, EVEN IF SUCH LOSS, DAMAGE, COST OR INJURY ARISES FROM OR IS ATTRIBUTABLE TO THE SOLE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASED PARTY, to any person or property (i) caused by, arising from, or related to any use of the Leased Premises (or any part thereof), the Released Party’s Property, and/or the Lake Access; or (ii) caused by, relating to, or arising from any defect in the Leased Premises, the Released Party’s Property, and/or the Lake Access; or (iii) caused by, relating to, or arising from any act or omission of Releasing Party or Releasing Party’s family members, or any act or omission of any of Releasing Party’s agents, employees, licensees, or invitees; or (iv) caused by, relating to, or arising from any accident, fire, or other casualty on the Leased Premises, the Released Party’s Property, and/or the Lake Access; or (v) brought about by Releasing Party’s failure to maintain the Leased Premises (including but not limited to the Lake Access and restricting access thereto) in a safe condition. Releasing Party waives all claims and demands on Releasing Party’s behalf against Released Party for any such loss, cost, damage, or injury. Releasing Party shall indemnify and hold Released Party entirely free and harmless from all claims, costs, demands, or liability for any such loss, costs, damage, or injury of other persons and from all costs and expenses arising from and claims or demands concerning any such loss, cost, damage, or injury EVEN IF SUCH LOSS, DAMAGE, COST OR INJURY ARISES FROM OR IS ATTRIBUTABLE TO THE SOLE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASED PARTY. If any action or proceeding is brought against Released Party by reason of loss, damage, cost, or injury described in this paragraph, Releasing Party, upon notice from Released Party, shall defend at Releasing Party’s sole cost the action or proceeding by counsel acceptable to Released Party.
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CAMPGROUND RULES
We love our campers and neighbors! Our rules are simple. Please be friendly and considerate of your neighbors, park animals, and our beautiful environment.
PAYMENTS: All fees must be paid prior to arrival and/or setup. THERE ARE NO REFUNDS or PRORATIONS FOR AN EARLY DEPARTURE. Monthly reservations must have a valid card on file for the monthly reservation fee and electric to be automatically processed on the first day of each month.
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DEPOSIT: An $300.00 deposit is due on all monthly reservations prior to arrival and/or set up. $50 of the deposit is non-refundable, the remaining $250 may be used for your final electric payment and/or any damages caused by the reservationist.
CHECK IN/OUT: We offer contactless check-in. For RV's you may check in as early at 2:00 p.m. and check out as late as 12:00 p.m. For Cabin reservations you may check in as early as 4:00 p.m. and check out as late as 11:00 a.m. Should you need earlier or later check in or out times please call the office 1 or 2 business days before your reservation.
PARKING: 2 passenger vehicles per site. No parking on the grass or in empty sites. Must keep vehicles within assigned space. No exceptions without written approval from Management.
SPEED LIMIT: Strictly enforced, 10 mph at all times.
TRASH: Please place bagged household trash only in dumpster. Do not leave trash out overnight as wild animals will get into it.
RV: All RV’s must be in good operating condition. No window air conditioners, no torn awnings, no visible rust or denting etc. RVs older than 10 years must be approved.
Mail: We do not provide mail service. You are not allowed to attempt to establish our park address as your permanent personal address nor represent that it is your address. There are services available that can be found online and there is a UPS Store that rents PO Boxes on Hwy 380 that is only a couple of miles from the park.
# of GUESTS: Only two occupants per RV without prior approval and additional payment as required. A penalty of $50.00 per person per day will be enforced if the occupancy rule is violated. All guests are required to sign this document as well as our digital waiver and agree to a criminal background check. THERE ARE NO GROUP GATHERINGS, PARTIES NOR EVENTS OF ANY TYPE ALLOWED.
RV SITE: Only one (1) RV allowed per site. Please keep site tidy and clean and do not litter. Please return the RV Site upon your departure in the same condition provided. Do not make any changes to the RV Site without the prior written approval of the Park owner. This includes but is not limited to any type of wood structure. (deck, steps, landing platform and artificial turf etc.) You are only allowed 6 items in your green space that “live” there. In other words, a table and 4 chairs that stay in your green space overnight are 5 things that “live”. You may have other items for day use that are put away in the evening. We do not allow clutter.
QUIET: Please honor quiet hours, 10 pm-8 am. At all times, refrain from engine idling or generator use (except in emergency power situations). Quiet hour violations will not be tolerated.
PETS: Your friendly pets are welcome when they are immediately cleaned up after—please pick up and properly dispose of droppings; are NOT allowed to potty in other camper’s site; are NOT left outside unattended at any time; are ALWAYS kept on a leash; remain out of buildings; refrain from disturbing or threatening others; are limited to 2 pets per RV. Many parks prohibit pets. Please help us prevent that from happening here by following these rules. We reserve the right to refuse any pets, based on disposition, breed, weight, or violation of these rules by their owner.
FIRES: No open fires are permitted other than in fire pit that is provided in our common area near the shoreline. The only item that may be burned in the common area fire pit is wood. Propane fire pits and/or propane grills may be allowed at individual site locations with a permit from the office that is approved on a case-by-case basis. Do not place outside cooking equipment like BBQ grills, BBQ smokers, turkey fryers, flat top griddles, pellet grills, pizza ovens, cowboy cookers, or any other cooking equipment, etc. on the turf area or close enough to the turf area that any residue or sparks from such objects land on the turf area.
ELECTRIC: Monthly reservations are responsible for paying the electricity on the first day of each month. Electricity charges are billed in arrears, for example the payment made on January 1st is Decembers electric charges. The monthly reservationist is responsible for all electric charges and must be paid in full on the day of move out. We do not allow electric vehicles to be charged at any of the RV sites, there are no exceptions and violators may be charged a fine at the discretion of management.
WATER: It is not permissible to use our water for the purpose of washing your vehicle OR RV. Do not let water run unnecessarily. Please repair any water leaks on your rig immediately and report any visible water leaks to management.
SEPTIC: All septic hoses MUST be equipped with either a foam ring (donut) or a hard shell. This is to prevent the hoses from extending too far into the sewer pipe which will block the sewer lines. THERE ARE NO EXCEPTIONS! Under no circumstance should you allow your septic hose to leak onto the ground.
SMOKING: No smoking in buildings. All cigarette butts must be properly disposed of. Do not throw your cigarette butts on the ground! We want to keep our lovely, treed environment!
SYNTHETIC TURF AREA: Do not park, ride, drive or store the following on the synthetic turf: motor vehicles, golf carts, motorcycles, trailers, ATV’s, bicycles, scooters, three wheelers, unicycles, etc. Do not place outside cooking equipment like BBQ grills, BBQ smokers, turkey fryers, flat top griddles, pellet grills, pizza ovens, cowboy cookers, or any other cooking equipment, etc. on the turf area or close enough to the turf area that any residue or sparks from such objects land on the turf area. Do not burn the turf, including fires, cigarettes, cigars, etc. Do not allow grease, oil, gasoline, fuels, chemicals, dyes, paints, or other corrosive liquids of any sort, etc., to be stored or placed on the turf. Please encourage your pets to not use the synthetic turf area for their bathroom needs. Should they do so, please remember that pet waste must be immediately cleaned up and the turf must be immediately hosed off with clean water. Negligent or careless damage of the turf shall result in being charged a repair cost fee.
CHILDREN: You are responsible for the behavior of your children. Children 14 and under must be always supervised by an adult. Children under 18 years must be under direct supervision of parent or sponsoring adult during quiet times.
ENTRY GATE: The system includes an app that can be downloaded to a smartphone for remote control of the gate. If you would like to use this app, management will need to get some information from you.
This is an internet-based app that can be accessed from anywhere you have internet on your smartphone. This means you do not have to be on site to use the remote.
The system can also be set to include your space number and your last name (or a partial thereof if your name is too long) in a call list for the purpose of individuals calling from the entry control box to your phone directly through the app to request access to the property. You will be able to view the individual on live video from the app while you are talking to them and will be prompted to either “Grant access” or “Decline access”. It is very simple to use. This feature will allow for you to manage delivery drivers or if a friend comes over for dinner etc.
In addition, the system will assign you a unique and personalized entry code for use in the event the internet is down, or you don’t have your phone with you at the time you are entering the property.
Basic rules concerning the use of Cell-Gate technology for Waterfront Hideaway Ranch, LLC gate operation.
1) A maximum of 2 persons per RV Space will be assigned login credentials (upon request) for the Cellgate remote smartphone app. These 2 persons must be the registered occupants of your personal RV in the space. (In other words, if you are the only one that wants login credentials for your space here in the park, you cannot give your second login credential to someone that lives elsewhere).
2) You are not allowed to give your unique access code to anyone other than the 1 or 2 registered occupants of your personal RV. (Your ability to grant access remotely through the app should virtually eliminate any need for non-renters to have a code)
3) Your login credentials cannot be used to grant access to the property for individuals that are visiting the property if you are not present at the time of their visit. (An exception to this would of course be delivery drivers)
4) No employee or agent of Waterfront Hideaway Ranch, LLC can provide tech support for the CellGate smartphone app. If you have any questions that pertain to the CellGate app, you will need to contact CellGate directly (cell-gate.com)(855-694-2837)
5) The CellGate system records all activity associated with the remote or code entry functioning of our front gate through your user login profile and assigned gate code (data & video). Any abuse of privileges may result in your removal from the park.
LAKE/OUTDOOR ACTIVITY: You recognize that the premises contains outdoor lakefront features and that, as a result, there are associated potential variables beyond Owner’s control such as animals, insects, rodents, reptiles, grasses, vines, flora and fauna, and wildlife and creatures of all sorts that may be present at any given time, for which you assume the risk for yourself and your guests, including, but not limited to, for injuries, bites, stings, and/or allergic reactions. If you plan to enjoy water sports, Owner does not provide a lifeguard. We recommend that you provide sufficient water supervision as is necessary.
PROPERTY DAMAGE: Intentional destruction of park property will not be tolerated. Renter will be assessed all repair costs in such cases and may additionally be asked to immediately vacate the park.
Please report any accidental damage of park property to management ASAP so the damage can be repaired. We will be reasonable in such cases. However, if it is determined through our security footage or otherwise that you accidentally damaged park property and then failed to disclose the incident to management, you will be assessed all repair costs associated with the damage and may additionally be asked to immediately vacate the park.
BEHAVIOR: We do not tolerate abusive or disruptive behavior (whether directed at Park Management or Staff or other guests or invitees). Loud, obnoxious, disorderly, boisterous, or unlawful conduct or conduct that disturbs or threatens the rights, comfort, or convenience of others in or near the Property will not be tolerated. Violence or the threat of violence will not be tolerated. No display, discharge or possession of a gun, knife or other weapon in any way that may alarm others is allowed. The possession, sale or manufacture of illegal drugs or drug paraphernalia on the RV Site or anywhere else on the Property is prohibited.
EV CHARGING: We do not allow electric vehicles to be charged at any of the RV sites, there are no exceptions and violators may be charged a fine at the discretion of management.
Violations of any of the rules listed above may result in an immediate removal from the park. Management reserves the right to change any of the rules listed above at any time.
Cancellation Policy
All cancellation notices MUST BE in writing to our staff. (email or text)
Cancellation Policy:
If you need to reschedule your daily or weekly reservation, we need 72 hours notice to change reservations. If you cancel your reservations less than 24 hours in advance, no refunds or camp credit will be given. Only (1) reschedule is allowed per reservation. If you cancel your daily or weekly reservation, your reservation amount will be stored as camp credit. This credit must be used within ninety (90) days of your initial reservation date.
For monthly reservations, if you need to reschedule or cancel your reservation, you need to contact us 1 week before your arrival day. Cancellations received less than one week in advance will not be refunded. If rescheduling, you will be issued camp credit for your stay. Camp credit for monthly reservations cannot be used for the following month. If there is a waitlist, you will be added to the waitlist and contacted once there is availability. If cancelling a reservation, you will receive camp credit and this camp credit will be good for 90 days following the 1st day of your initial reservation. If cancelling a monthly reservation and you are already in the park, we request a 30 day notice of departure.
THERE ARE NO REFUNDS
THERE ARE NO PRORATIONS FOR AN EARLY DEPARTURE