Terms of Service
Willard Peak Campground Terms & Conditions
1. Term: This RV Park Guest Agreement (“Agreement”) is between Willard Peak Camp Grounds “Willard Peak”) and the person(s) identified herein (“Guest”). This Agreement does not create a tenancy or residency in favor of Guest. Guest must depart by noon on the day immediately following the last night indicated in their reservation and this Agreement. If Guest fails to timely depart, Willard Peak will have the RV towed at the Guest’ cost and expense and report the Guest to local law enforcement. Guest will be responsible for the fees associated with their failure to vacate including appropriate rental fees and any other rights and remedies Willard Peak may have at law or in equity.
2. Length of Term: No Guest(s) shall be allowed to stay in the same rental space for a period in excess of Three (3) months.
3. Cancellations/Refunds: All daily, and weekly reservations must be paid in full at time of reservation. This payment is only refundable up to thirty (30) days before the check in time. All monthly reservations must be accompanied by a deposit of $200. This deposit is only refundable up to thirty (30) days prior to the check in date and time. There will be no refunds for Guests who depart prior to the originally scheduled departure date. When a refund is warranted, Guest hereby acknowledges that a refund will be made payable by check and disbursement may take up to thirty (30) days. Except as expressly set forth in this Agreement, all cancellations and refunds will be made at the sole discretion of Willard Peak. Guest may not transfer Guest’s reservation or occupancy of a space to a third party without Willard Peak’s prior written consent.
4. Payment for Long-Term Guest(s): Subject to paragraph 3, Guest(s) who desire to stay longer than their original reservation date must give advance written notice to management along with a new departure date. Upon availability, and approval by management, Guest then will be required to tender payment in full for their daily, weekly, or monthly reservation. Guest(s) who stay in excess of one (1) month shall tender payment on or before the 1st day of and for each subsequent month of their stay.
5. Rules and Regulations: Guest is subject to and agrees to comply with all “Campground Rules and Regulations,” a copy of which is attached hereto and incorporated herein by reference. Willard Peak may modify the “Campground Rules and Regulations” from time to time at its sole discretion. Guest hereby acknowledges receipt of current “Campground Rules and Regulations.” Guest hereby agrees and acknowledges that failure to comply with all “Campground Rules and Regulations” constitutes a material default of this Agreement and will be cause for Guest to be immediately removed from the RV Park.
6. Quiet Hours: Quiet hours are from 10:00 p.m. to 7:00 a.m. Radios, televisions, and any other electronic device should not be played loud enough to be heard outside of Guest’s RV.
7. Storage of Personal Property: Commencing at 10:00 p.m. each night, all Guests must store and remove non-camping related items from their assigned stall, and surrounding area. Willard Peak reserves the right to request that Guest remove any items from their assigned stall, and surrounding area that are not deemed camping or RV related materials, or any items that are unsightly, odorous, noxious or impact other Guests’ enjoyment of the RV Park. Failure to comply with Willard Peak’s request for the removal of personal property or this provision shall result in a $25 penalty per occurrence.
8. Vehicles: Upon arrival, Guest, and all members of Guest’s party, must register their vehicle(s) with Willard Peak, including providing license plate number(s), make and model of vehicle(s). Guest is allowed a maximum of two (2) vehicles per stall. Upon management approval and subject to availability, Guest may request parking for any additional vehicles for a fee. The fee is $25 per day for each additional vehicle.
9. Speed Limit: The speed limit is 5 miles per hour within Willard Peak property.
10. Children: Guest is responsible at all times for the safety and behavior of Guest’s children. Guest must supervise all children under 18 in showers, restrooms, and all other common areas of the RV Park.
11. Behavior: Willard Peak may require any person to leave, without refund, for any reason, including, without limitation, disrespect to management or other guests, drunkenness, use or possession of illegal drugs, objectionable behavior, or violation of any Campground rules, regulations or sign.
12. Willard Peak Facilities: Willard Peak provides and maintains certain facilities for Guests beneficial use. These facilities include a laundry room, bathroom, and shower room. In the event Guest causes damage to or defaces these facilities, Willard Peak may impose a $50.00 repair and cleaning fee per occurrence. Willard Peak also reserves the right to report acts of vandalism or criminal mischief to local law enforcement.
13. Alcohol and Illegal Drugs Prohibited: No alcohol is permitted in any campground buildings. Drugs that are illegal in the State of Utah are not permitted to be consumed or possessed on the Willard Peak premises. Violation of this paragraph will result in Guest being asked to immediately vacate the RV Park and any criminal violations being reported to local law enforcement.
14. Smoking: Smoking is prohibited within 50 feet of any Willard Peak buildings, restrooms, and showers.
15. Guest Liability: Guest is responsible, and agrees to indemnify and hold harmless Willard Peak, for all loss, damage or injury to any person or property caused by Guest, any member of Guest’s party, Guest’s visitors, invitees, or pets.
16. Limitation of Liability: Guest specifically acknowledges and agrees that Willard Peak, and all management, officers, members, directors, employees, and agents of Willard Peak, are not responsible for any loss, damage or injury to any person or property, except to the extent caused by the gross negligence or willful misconduct of Willard Peak.
17. Indemnification: Except as provided for in paragraph 15, Guest will indemnify and defend Willard Peak, its management, officers, members, directors, employees, and agents, for, from and against any and all claims, damages, liabilities, costs and expenses including, without limitation, court costs and attorney’s fees arising out of or related to this Agreement or any actions of Guest.
18. Not a Mobile Home Park: Guest hereby acknowledges and agrees that Guest’s RV is not a “mobile home” as defined in the Utah Mobile Home Park Residency Act, Utah Code Ann. § 57-16-3; and Willard Peak is not a “mobile home park” as defined in the Utah Code. Guest further 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 renting a generic RV parking space on a temporary, short-term basis. This Agreement does not create a tenancy or residency or any other real property right in favor of Guest.
19. Late Fees and Insufficient Check Fees: In the event rent is not paid by the date that it is due, as defined herein, Guest will pay a late fee of $35 per day until the entire unpaid rent is paid in full. In addition, Guest will be deemed to be in default of this Agreement and the entire unpaid amount will begin to accrue interest at a rate of 18% per annum until paid in full. In the event any check from Guest to Willard Peak is returned or dishonored by bank for insufficient funds or any other reason, Guest is liable to Willard Peak for any actual costs incurred by Willard Peak by reason of such dishonored check including a processing fee of $45. Guest agrees to the pay the processing fee and to replace the dishonored check with certified funds within twenty-four (24) hours’ notice of the dishonored check. Thereafter, Willard Peak shall be entitled to require that any and all future rent payments be made with a money order or certified check.
20. Pet Information: Upon arrival, Guests are required to inform management of the number of pets the Guest(s) have with them. Guest failure to inform management of pet information is a material breach of this Agreement and is cause for Guest to be immediately removed from the RV Park.
21. Pet Owner Responsibility: All pets must be kept on a leash or in a cage or crate at all times during which the pet is outside of your RV. Pets are not permitted to be tied or chained to trees within the RV Park. Pets must be supervised at all times and be advised that pets found unsupervised in the RV Park may be impounded at Guest’s cost and expense. All Guests are required to clean up after their pet(s). Willard Peak reserves the right to assess a $25 per occurrence fee if you fail to clean up after your pet(s). Willard Peak reserves the right to assess a $25 per occurrence fee if you fail to keep your pet(s) on a leash or in a crate. Barking, excessive noise or other pet behavior that disturbs other Guests is not permitted. If Willard Peak becomes aware of such behavior, management will notify you and request that you take action to correct the problem behavior. If such behavior continues after the second notice you receive from management, you will be required to remove the pet(s) from the RV Park within 24 hours after second notice from management. In the event any pet(s) bite or otherwise injure any person or other pet in the RV Park, you will be required to remove the pet from the RV Park immediately and the pet will no longer be permitted on the RV Park premises.
22. Default: In case of necessity of an action at law or equity to remedy any breach under the terms of this Agreement, the prevailing party shall be entitled to their damages and reasonable attorney’s fees and courts costs. In the event of a default and at the request of Willard Park, Guest agrees to immediately vacate the RV Park and to immediately remove their RV and all personal property. Guest failure to comply with any of the terms of this Agreement shall constitute default of this Agreement, and Willard Peak shall be entitled to all remedies as set forth herein and as provided by law.
23. Waiver: No failure or delay by either party in exercising any rights, powers remedies under this Agreement will operate as a waiver of any such right, power or remedy.
24. Applicable Law: This Agreement, and all collateral matters relating to this Agreement, will be governed by and construed under the laws of the State of Utah applicable to agreements fully made and performed herein. Jurisdiction and venue for any claim or proceedings brought in connection with this Agreement will lie exclusively in the First Judicial District Court in Brigham City, Utah.
25. Severability: 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 provisions were not contained herein.
26. No Presumption Against Drafter: This Agreement shall be construed without regard to any presumptions against the party causing the same to be prepared.
27. Replacement of Prior Agreements: This Agreement hereby supersedes and replaces in its entirety any prior verbal or written agreements between Guest and Willard Peak and/or Willard Peak’s predecessor(s) in interest. Any prior agreements of whatever nature are null and void and have no further effect. Upon execution of this Agreement by Guest, all provisions of, rights granted and covenants made in any prior agreement are hereby waived, released and superseded in their entirety and shall have no further force and effect.
28. Entire Agreement: This Agreement constitutes the entire agreement and understanding between Willard Peak and Guest and supersedes all prior or contemporaneous oral or written agreements and representations between the parties. The “Campground Rules and Regulations” are incorporated herein by reference as part of this Agreement. This Agreement may not be amended, modified, or altered except in writing as signed by Willard Peak and Guest. The Guest 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.
I HAVE READ THE AGREEMENT, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY IT.