Creekside RV Resort

Creekside RV Resort By TAG (the “Resort”) is a RV Resort operated by TAG CREEKSIDE, LLC, a Florida limited liability company (“Creekside”).

Acceptance of a reservation, payment of monies, and/or use of or entrance into the Resort or upon Resort property, indicate acceptance of these terms and conditions in full by all guests and each member of the guest’s party (all of the foregoing, a “Guest” or “Guests”).

All policies are strictly enforced, and it is the responsibility of all Guests to ensure the Guest and all members of the Guest’s party are familiar with these terms and conditions. These Terms and Conditions are applicable to all persons who use the Resort, including without limitation for the purpose of storage of recreational vehicles, boats, trailers, or other items.

1. Subject to Change by Resort. These Terms and Conditions may be amended from time to time by Creekside without the consent of Guest and in such event, Guest shall remain responsible for compliance with and is obligated by the Terms and Conditions as amended. It is the responsibility of Guest to review these Terms and Conditions as they exist from time to time as made available by Creekside, whether on the Resort website, by request to Resort management, or otherwise.
2. Use of Resort. The Resort shall be used and occupied by Guests authorized by Creekside only. Guest shall observe and comply with all laws, ordinances, and regulations of public authorities in the use of the Resort. Guest shall not store or bring any materials or things upon the Resort which are inflammable or of explosive nature or enter into any activity which will increase the hazard of fire or casualty in or on said Resort or shall cause an increase in the insurance rates covering the Resort over those charged by reason of the use thereof of the character stated in these Terms and Conditions. Guest shall not smoke or use illegal drugs in the Resort. Guest shall be responsible for any and all occupants, guests, invitees, licensees, or other visitors of Guest and shall indemnify and hold Creekside harmless for any damages caused or sustained by said persons, including without limitation injury or death. Between the hours of 10 p.m. and 8 a.m. shall be quiet time and Guests shall not cause any noise disturbance.
3. Permitted Vehicles and RVs. All Class A's, B's, C's, fifth wheels and travel trailers in excellent condition, 10 years or newer, and at least 24 feet or longer are permitted. Recreational vehicles (“RVs”) older than 10 years require a photo submittal and Resort management approval, which Creekside may withhold or withdraw in its sole discretion. Creekside allows two vehicles per site as long as both vehicles fit on the site pad. Creekside has the right to refuse and cancel any reservation at check in if the RV is not acceptable upon arrival or at any time thereafter. Creekwise may cancel any reservation and request removal of the RV by the Guest if if condition of the RV does not meet Creekside’s standards and requirements in its sole discretion at any time. In such event, Creekside may have the vehicle removed by a towing company if the Guest does not voluntarily remove the vehicle within the time required, and the Guest shall be solely financially responsible for the cost and expense associated with such removal and storage.
4. Reservation. Site selection within the Resort is based on availability and is subject to change by Creekside before or during the Guest’s reservation.
5. Arrivals and Departures. Creekside is a gated community and we do not allow early or late arrivals. Check in and check out hours depend on office hours published on our website. All customers are required to check in first at the office upon arrival and shall then be escorted to their site. Departures checking out must do so no later than 11a.m. on the day of departure.
6. Pricing and Payment. Rates are based on two Guests per site. There will be a $5.00 per person per night charge for overnight Guests. All site rates include taxes, city water, sewer and Wi-Fi (subject to availability). The cost of 30 and 50-amp electrical service is included in the rate for reservations of less than one month. Reservations of one month and longer are billed separately and in addition for electric usage. Current Guests who wish to extend their stay will be charged for the relevant applicable daily, weekly, or monthly rate payable in advance in full at the time of making the extension. No refunds or credits are given for early departure. All Guests must have a current credit card on file for payments due to Creekside and all Guests agree the credit card provided to Creekside shall be charged monthly for all amounts due from Guest to Creekside hereunder and otherwise. Guest agrees to keep Guest’s credit card information updated, and to provide Creekside with a new valid account number if Guest’s card on file is deactivated, expired or does not have sufficient credit available to pay any amounts owed to Creekside.
7. Cancellation. Cancellations or changes to your reservation must be requested in writing by email to office@creeksidervresort.com and are not deemed approved unless Creekside accepts the request in writing, which approval may be withheld in Creekside’s sole discretion.
8. Deposit Terms: Guests will receive a full deposit refund less a $200 administrative fee if the Guest’s reservation is cancelled at least 60 days prior to scheduled arrival. No refund or credit shall be provided to Guests cancelling 60 days or less before scheduled arrival. For daily and weekly reservations all fees are payable in full at time of reservations. For reservations 1 month to 3 months, a one-month deposit is due at the time of making your reservation and the balance is due upon arrival. For reservations 4 months to 6 months one-third of the total invoice amount is due at the time of reservation as a deposit, one-third of the total invoice amount is due upon date of arrival as stated on your confirmation or invoice, and one-third of the total invoice amount is due 30 days after the arrival date as stated on confirmation or invoice. All reservations are non-refundable except only as expressly stated otherwise herein and are non-transferrable and non-assignable.
9. Storage. Storage of recreational vehicles, boats, trailers, or other vehicles (each a “Vehicle”) is only permitted when expressly authorized by Creekside and is subject to these Terms and Conditions.
10. Hurricane or Emergency. In the event the State of Florida, the County of Charlotte, or the City of Punta Gorda, or any other applicable governmental agency or office, issues a mandatory evacuation or state of emergency that is applicable to the Resort property, all Guests in the Resort are required to leave and remove all Vehicles and personal property from the Resort. In the event Guest is not in the Resort at the time, the Vehicle(s) shall be towed at Guest’s sole expense. All Guests shall depart and remove all Vehicles and property immediately upon such an event and in no event later than seventy-two (72) hours prior to the forecasted arrival of any hurricane that is forecasted to potentially affect the Resort. In the event that the Guest and/or the RV owner does not comply with this section, the Guest and/or RV owner authorizes Creekside to remove Owner’s Vehicles and property and releases Creekside from any and all losses or damages related thereto and shall indemnify and hold Creekside harmless from all costs, liability, and damages related thereto.
11. Rules, Regulations and Resort Guidelines. Guest hereby acknowledges receipt and review of most recent and updated Rules, Regulations and Resort Guidelines of Creekside. Guest understands and agrees that the Rules and Regulations are hereby incorporated by reference and a breach of the Rules and Regulations constitutes a material breach of these Terms and Conditions.
12. Maintenance, Repair, and Damage. Guest shall take site “as is where is.” Guest will keep and maintain the site in good, clean, and sanitary condition and repair during the Guest’s stay at the Resort. Creekside has no responsibility or obligation under these Terms and Conditions to construct any improvements, alterations or additions to the site or the Resort. Guest may not construct improvements, alterations, or additions to the Resort or the site. Creekside shall have no responsibility for damage to any of Guest’s personal property brought upon the Resort under any circumstances. Creekside shall not be liable for any losses or damage to person or property of the Guest, Guest’s employees, licensees, or invitees, while in or about the Resort, including without limitation ifs occasioned by fire, explosions, theft, collision, acts of God, or any other cause.
13. Guest’s Property. Guest covenants and agrees that all Guest's property of every kind, nature, and description which may be in or upon the Resort shall be at the sole risk of Guest. Guest hereby releases, indemnifies Creekside and holds it harmless from and against any liability, loss, injury, claims, or suit resulting directly or indirectly therefrom except as may be caused by Creekside's willful misconduct. Guest shall procure and maintain through the term of the Guest’s reservation, at Guest’s expense, a policy of insurance covering Guest’s property in at a minimum 150% replacement value limits and shall furthermore obtain liability insurance to provide coverage in the event that Guest or Guest’s vehicle or property causes damage to Creekside or Creekside’s property, and shall provide written evidence of such insurance to Creekside. Guest shall be liable for any and all damage caused by Guest or Guest’s property or vehicles to the Resort, Creekside, or the real or tangible personal property, fixtures, improvements, landscaping, or furnishings of Creekside or the Resort, whether or not caused by an Act of God.
14. Waiver of Subrogation. Guest(s) hereby grant to Creekside a waiver of any right to subrogation which any insurer of said Guest(s) may acquire against Creekside by virtue of the payment of any loss under such insurance. Guest(s) agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation; provided that, this provision applies regardless of whether or not the Guest(s) has received a waiver of subrogation endorsement from the insurer.
15. Inspection of and Access to site. Creekside, its agents and employees, shall have the right at all reasonable times to enter the reserved site or any part thereof to inspect and examine same. Creekside, its agents and employees shall have free access to and within the site at all reasonable times of the day for the purpose of examining same and also to make any repairs or alterations to or within said site or the Resort that the Creekside may deem necessary for the safety or preservation of the property.
16. Assignment and Subletting. Guest may not assign the reservation or sublet the site or any part thereof. No persons other than the Guest and approved additional Guests or visitors shall be permitted to enter and remain upon the site and the Resort Property.
17. Default by Guest. If any payments are due and unpaid or if Guest defaults in any of the terms, covenants or conditions herein contained, or if the Resort site is abandoned or vacated, Creekside may at its option terminate the Guest’s reservation and right to remain in the Resort effective immediately. In addition, in accordance with Florida law, Creekside has the right to remove all occupants, vehicles, and tangible personal property from the site and the Resort and Guest shall be liable for the cost thereof, including either disposal or storage at the sole discretion of Creekside. Upon occurrence of the foregoing, Guest will be liable to Creekside for all damages incurred by Creekside, and Guest will not be relieved of any obligation to pay for the Guests reservation or other amounts due from Guest to Creekside. Creekside has no duty to mitigate its damages. Creekside also may recover double the fee for the site for the period during which Guest refuses to vacate the site.

18. Transient Stay. It is expressly understood and agreed that Guest’s reservation or stay is not a lease or other long-term residential tenancy agreement, and that the Resort is not intended to be utilized as a primary residence. These Terms and Conditions and the reservation do not create property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future Guests that were scheduled to use the site during such dates. You may not sublet the site or any part of it and shall not assign any interest (in whole or in part) to your reservation or these Terms and Conditions or any rights hereunder. No Guest shall be permitted to stay or make a reservation for longer than six (6) months at the Resort.

    Guests hereby agree and represent that Guest(s) are transient occupant(s) and it is the intention of the parties that the occupancy will be temporary in accordance with the meaning under Florida Law. Furthermore, Guest agrees and represents as follows:

    1. Guest does not have an ownership interest, financial interest, or leasehold interest in the Resort entitling him or her to occupancy of the property or the site. These Terms and Conditions and the reservation do not convey any leasehold interest.
    2. Guest shall not create or cause to be created any documentation, correspondence, or identification cards sent or issued by a government agency, including, but not limited to, the Department of Highway Safety and Motor Vehicles or the supervisor of elections, using the Resort address as an address of record at any time.
    3. At all times during the term, each and every Guest maintains a permanent residence elsewhere.

    Guest agrees and acknowledges that upon a breach of these Terms and Conditions, or the rules and regulations of Creekside governing the Resort, Guest may be required to vacate the Resort upon oral or written notice as followed: “You are hereby notified that this recreational vehicle park no longer desires to entertain you as its Guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

    If such Guest has paid in advance, the park shall, at the time such notice is given, tender to the Guest the unused portion of the advance payment. Any Guest who remains or attempts to remain in such park after being requested to leave commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    If a Guest has accumulated an outstanding account in excess of an amount equivalent to the cost of 3 nights’ reservation at a recreational vehicle park, Creekside may disconnect all utilities of the recreational vehicle and notify the Guest that the action is for the purpose of requiring the Guest to confront Creekside or permittee and arrange for the payment of the Guest’s account. Such arrangement must be in writing, and a copy shall be furnished to the Guest. Upon entering into such agreement, Creekside shall reconnect the utilities of the recreational vehicle.

    If any person is illegally on the premises of any recreational vehicle park, Creekside of such park may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to remove from the premises or place under arrest any Guest who, according to the park operator, violated the requirements of this Section or Fla. Stat. § 513.13.

    If a warrant has been issued by the proper judicial officer for the arrest of any Guest who violates Fla. Stat. § 513.13, the officer shall serve the warrant, arrest the Guest, and take the Guest into custody. Upon removal or arrest, with or without warrant, the Guest is deemed to have abandoned or given up any right to occupancy of the premises of the recreational vehicle park; and Creekside of the park shall employ all reasonable and proper means to care for any personal property left on the premises by such Guest and shall refund any unused portion of moneys paid by such Guest for the occupancy of such premises. If conditions do not allow for immediate removal of the Guest’s property, he or she may arrange a reasonable time, not to exceed 48 hours, with Creekside to come remove the property, accompanied by a law enforcement officer. In addition to the grounds for ejection established by law, breach of these Terms and Conditions shall constitute grounds for ejection.

19. Service of Notice and Address of the Parties. The Guest irrevocably appoints as his agent any person staying at the Guest’s site in the Resort, to receive service of all notices hereunder including dispossessory or distraint proceedings, and if no person is then located at the Guest’s site, then such notice may be given and services may be made by affixing a copy thereof on the recreational vehicle located on the site. A copy of all such notices given by or on behalf of the Creekside pursuant to the provisions contained in these Terms and Conditions may also be mailed to the Guest's last known address as given, in writing, to the Creekside. The notices required or permitted to be given pursuant to the terms of these Terms and Conditions, shall be deemed to be duly given if deposited in the United States mail, postage prepaid, by registered or certified mail, addressed to the parties at the places above named, or such other places as they may hereafter designate in writing for the delivery of such notices. Guest also agrees to accept service electronically at the email address provided to Creekside for Guest, effective upon delivery and equivalent to personal delivery. Nothing herein shall be construed to require Creekside to provide Guest notice unless otherwise required by law.

20. Non-Liability and Indemnity. These Terms and Conditions are made upon the express condition that the Creekside, and any and all members, managers, owners, shareholders, employees, agents, representatives, officers, and directors of Creekside (all of the foregoing collectively, the “Creekside Parties” or each a “Creekside Party”) shall be free from all liability and claims, losses, damages, demands, suits, injuries, charges, expenses causes of action and judgments (including without limitation attorney’s fees) (“Claims”) for or by reason of any injury or death to any person or property in any kind whatsoever, from any cause or causes whatsoever, related to or arising from the Resort or the Resort property or Guest’s use of the Resort, including without limitation resulting from any act or omission of Guest or the Resort of their respective agents, representatives, employees, Guests, invitees, licensees, or of third persons on the Resort as a result of the respective party.

    Guest hereby covenants and agrees to indemnify and save harmless the Creekside Parties from all and all such Claims. In the event the Guest does not assume and conduct the defense of Creekside Parties pursuant hereto within 10 days written notice, the Creekside Parties may (but are not obligated to) defend against, and consent to the entry of any judgment or enter into any settlement with respect to, any Claim in any manner it reasonably may deem appropriate (and need not consult with or obtain any consent from Guest). In such event, Guest shall reimburse the Creekside Party promptly upon demand for such Claim, or periodically for the costs of defending against the Claim (including reasonable attorneys’ fees and expenses at any trial or administrative level and on appeal). Guest will remain responsible for any loss the Creekside Party may suffer resulting from, arising out of, relating to, in the nature of, or caused by the Claim to the fullest extent. This indemnity shall survive the expiration or earlier termination of this Lease.

    Creekside shall not be obligated to provide security services for the Resort and Creekside shall not be liable for any loss or damage suffered by Guest as a result of failure to supply security or utility services or for any loss attributable to such services if they are supplied, no matter how caused.

    This Non-Liability and Indemnity section shall include, but is not limited to, events, acts, omissions, or circumstances arising out of or related to pets or wildlife on or around the Resort and any water hazards located on or near the Resort.

21. Waiver of Rights. No failure of either party to exercise from time to time any right or privilege granted to such party hereunder, or to insist upon strict and faithful compliance by the other party with all of the obligations hereunder required, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand strict compliance with the terms hereof. No waiver by either party of any breach of any covenant of the other party herein contained shall be construed as a waiver of any subsequent breach of the same or any other covenant herein contained.
22. Governing Law and Venue. These Terms and Conditions are to be construed in accordance with the laws of the State of Florida. Jurisdiction and venue for any action related to or arising from these Terms and Conditions or Guest’s use of the Resort shall be in the courts in and for Charlotte County, Florida.
23. WAIVER OF JURY TRIAL. THE PARTIES TO THESE TERMS AND CONDITIONS HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS.
24. Non-Disparagement. In consideration for the opportunity to enter the premises of the Resort granted hereunder and under the Guest’s reservation, Guest hereby agrees to refrain from making disparaging or derogatory statements, whether verbal or written, regarding Creekside to any third party, including without limitation to customers, potential customers, and the general public, whether on social media websites, blogs, consumer review websites, or otherwise. Guest agrees not to encourage, promote, support or endorse any third party, including but not limited to friends, relatives, or employees, to take any such action or make any such statements.
25. Severability. If any part of the Agreement is construed as unenforceable, the remaining parts of the Agreement will continue in full force and effect as though any unenforceable part or parts were not contained in the Agreement.
26. Attorney’s Fees and Costs. In the event of litigation arising out of or related to these Terms and Conditions or use of the Resort by Guest, the prevailing party shall be entitled to recover his or her reasonable attorney’s fees and costs, including without limitation for enforcement hereof, at trial, for proceedings necessary to determine and recover attorney’s fees, and upon all appeals.
27. Surrender of Resort. Guest shall, at the termination of these Terms and Conditions, vacate the site utilized and leave the site in as good a condition as it was at the time of entry thereon by Guest, and upon vacating shall leave the site clean and free of all rubbish and debris. Upon vacating, Guest shall be responsible for any and all costs incurred by Creekside in bringing the site into as good a condition as it was at the time of entry thereon by Guest, with the exception of reasonable wear and tear thereof. Upon surrender or abandonment by the Guest, Creekside is not required to comply with Florida Statute §715.104 and is not liable or responsible for storage or disposition of the Guest’s personal property.
28. Water Hazards and Wildlife. Guest hereby acknowledges and agrees that the Resort has water hazards on and/or around the Resort, including without limitation a lake or other body of water (collectively, “Water Hazards”). Creekside shall not be liable to Guest or any party for any claims arising from the Water Hazards. Guest will use the Resort at the Guest’s own risk. Guest acknowledges and agrees that any adult(s) who are not skilled swimmers and ANY MINOR(S) shall not near said Water Hazards and no swimming is permitted by any persons. Furthermore, no person(s) shall be near said Water Hazards when under the influence of alcohol or intoxicating drugs. The Creekside will not be held responsible for the injuries sustained by the Guest and/or the Guest’ occupants, invitees, licenses, or Guests as a result of the Water Hazards, and the Guest will indemnify and hold harmless Creekside for any actions, claims, causes, suits, or liabilities for the same, including without limitation injury or death, including without limitation all reasonable attorney’s fees and costs. Guest understands and acknowledges that alligators and various wildlife are naturally occurring near and in areas such as the Water Hazards and the exterior of the Resort. Therefore, Guest agrees that no pets of any kind or persons under the age of 18 are permitted to be near the Water Hazards without the supervision of a responsible adult at any time and Guest assume all risk associated with the Water Hazards and any wildlife on or about the Resort. ALL MINORS SHALL BE UNDER CONSTANT AND CLOSE SUPERVISION AT ALL TIMES WHEN OUTSIDE ON THE RESORT AND SHALL NOT BE UNSUPERVISED UNDER ANY CIRCUMSTANCES. DEATH OR INJURY MAY RESULT FROM THE WATER HAZARDS OR WILDLIFE. Guest shall advise any persons on the Resort property as a result of Guest of such matters and assumption of risk.
29. Limitation of Liability. Creekside shall not be liable to Guest or any third party for any indirect, punitive, incidental or consequential loss, liability, damage, costs, claims or expenses, arising out of or related to Guest’s reservation and stay with the Resort or entrance upon or use of the Resort premises by any party, without limitation, any claims for lost income or profits. The aggregate liability of Creekside arising out of or related thereto shall not in any event and under any circumstances exceed the total amount paid to Creekside by Guest. Creekside shall not be liable to Guest in contract or tort for any representations or warranties other than those expressed herein.
30. Miscellaneous. The covenants, conditions, and stipulations contained in these Terms and Conditions shall bind and inure to the benefit of the Creekside and the Guest and their respective successors in interest, assigns, heirs, executors, and legal representatives. “Creekside” and “Guest” as used herein include male and female, singular and plural, corporation, partnership, limited liability company, individual or entity, in any place or places herein in which the context may require or permit such substitution, substitutions, or designations. Any provision hereof held invalid or unenforceable shall be deemed severable or modified to the least extent necessary to be enforceable and construed to the maximum extent possible to effect the intent of these Terms and Conditions.