CAMPSITE USE AGREEMENT

            THIS CAMPSITE USE AGREEMENT (“Agreement”) is made as of the 1st day of January, 2021 (“Effective Date”), by and between the User(s) as set forth in the Summary of Basic Terms below (“User”) and Coy and Wilma’s, LLC, an Illinois limited liability company (“Owner”).  Owner and User are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. 

RECITALS

  1. Owner owns a campground facility located at 14387 North Rend City Road, Sesser, Illinois 62884 consisting of various campsites and cabins, along with certain recreational amenities currently including a pond, fish cleaning station, shower house, roads or paths, and utility infrastructure, all of which Owner may change from time to time in Owner’s sole discretion (the “Property”).
  2. User desires to occupy and use a campsite on the Property as set forth in the Summary of Basic Terms below (the “Campsite”), and to pay certain fees and costs to Owner as set forth herein, and Owner is willing to permit User to occupy and use the Campsite, subject to all of the terms and conditions set forth in this Agreement.
  3. Owner and User executed a prior agreement for User’s temporary use of the Campsite, and User has been occupying and using the Campsite until now pursuant to such prior agreement (the “Prior Agreement”). The Parties now desire to execute this Agreement to document the terms and conditions of User’s ongoing occupancy and use of the Campsite.  Owner and User acknowledge and agree that all agreements and understandings between them with respect to the Campsite and the Property (including the Prior Agreement) are hereby terminated and of no further force or effect.  User waives all rights and releases all claims with respect to the Owner, the Campsite and the Property under the Prior Agreement or otherwise occurring or accruing prior to the Effective Date of this Agreement.  From and after the Effective Date, User’s occupancy and use of the Campsite will be governed solely by the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows:

SUMMARY OF BASIC TERMS

Campsite:                    Campsite # _______

User(s):                        1._______________________            2._______________________

                                    3._______________________            4._______________________

 User Fees:                    $_________Per Calendar Quarter (plus Service Fees)

Expiration Date:          December 31, 2023 (or as earlier terminated/revoked as permitted herein)

 User’s Termination:    Ninety (90) Days’ Prior Written Notice Required

 

AGREEMENT

  1. Agreement

            This Agreement includes the Recitals and Summary of Basic Terms set forth above and the Exhibits attached hereto, all of which are incorporated herein by this reference, including Exhibit A (Rules and Regulations) and Exhibit B (Waiver and Release).  This Agreement will expire on the Expiration Date as set forth in the Summary of Basic Terms above, unless sooner terminated or revoked by Owner or User as permitted herein.     

  1. Permission to Occupy/Use

In exchange for User timely paying the User Fees and Service Fees (as defined and set forth below) and executing the Waiver and Release (as set forth in Exhibit B), Owner will permit User to occupy and use the Campsite only for the Permitted Use (and to cooperatively use the publicly accessible portions of the Property in common with other permitted users), so long as the User is using the Campsite and the Property in strict compliance with all laws, this Agreement, and the Rules and Regulations (as set forth in Exhibit A), and is otherwise acting responsibly (“Permission”).  However, Owner reserves the right to revoke this Permission at any time, for any reason or for no reason.  User expressly acknowledges and agrees that User has no ownership, lease/tenancy, or other real property interest in the Campsite or the Property, and User cannot and will not record this Agreement or any other instrument or document against the Campsite or the Property.  User further acknowledges and agrees that: (i) User has reviewed and agrees to comply with and abide by the Rules and Regulations (and User will cause all of User’s visitors, guests and invitees to review and to comply with and abide by the Rules and Regulations), and (ii) each person listed as User will execute the Waiver and Release concurrently with the execution of this Agreement (and User will cause each of User’s visitors, guests and invitees to execute the Waiver and Release the first time they enter the Campsite or the Property).  As further set forth in Section 7 below, User will maintain the Campsite, and all of User’s PP&E (as defined in Section 5 below) placed or used on the Campsite, in good working condition and state of repair at User’s sole cost and expense, and, as further set forth in Section 6 below, User will remove all of User’s PP&E and vacate the Campsite and the Property (returning it in the condition required by this Agreement), immediately upon the expiration or earlier termination of this Agreement, or Owner’s revocation of User’s Permission to occupy and use the Campsite and the Property. 

  1. Fees

At all times during User’s occupancy and use of the Campsite, User will pay both: (i) quarterly user fees in the amount set forth in the Summary of Basic Terms above (“User Fees”), which will be paid to Owner in advance, on or before the first day of each calendar quarter (January 1st, April 1st, July 1st and October 1st) [If User elects to pay an entire year’s User Fees (all four quarterly User Fee payments) in advance before January 1st of that calendar year, User will receive a one-time credit of Forty Dollars ($40.00)];  and (ii) periodic service fees (“Service Fees”), which will be paid to Owner as and when directed by Owner, to reimburse Owner for certain operating expenses of the Property, including for utilities and Services (as defined in Section 8 below), with respect to (or allocable to) the Campsite, as determined, allocated and calculated by Owner in its sole discretion.  The initial Service Fees will be charged quarterly, and will be due and payable by User within ten (10) days after the date of invoice.  Owner can change the amount and/or timing of Service Fees as and when Owner deems appropriate, in Owner’s sole discretion.  Payment of all such User Fees and Services Fees (and any other fees, charges or amounts for which User is or becomes responsible under this Agreement (collectively, “Other Fees”)), shall be without notice, offset, deduction or demand, shall be in lawful money of the United States of America, shall be non-refundable (unless Owner agrees otherwise in Owner’s sole discretion), and shall be made to Owner electronically via Owner’s payment software system, or such other manner as Owner may direct from time to time by written notice to User         

  1. Late Charges and Interest

            User’s failure to pay User Fees promptly on the first day of each quarter may cause Owner to incur unanticipated costs, the exact amount of which are impractical or extremely difficult to ascertain.  Such costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Owner by lenders or other third parties.  Therefore, if Owner does not receive any User Fees on or before the day they become due, User shall automatically incur, and pay to Owner, a late charge equal to ten percent (10%) of the overdue amount (which late charge will be in addition to any non-sufficient funds (NSF) charge of $50 for any returned check, and any interest charges and/or any attorneys’ fees incurred under this Agreement).  User shall pay this late charge for each calendar month in which all or any part of any User Fees remains delinquent.  The parties agree that such late charge represents a fair and reasonable estimate of the costs Owner will incur by reason of such late payment.  In addition, any amount owed by User to Owner that is not paid when due (whether User Fees, Service Fees or Other Fees) shall bear interest at the rate of eighteen percent (18%) per annum from the due date of such amount.  However, interest shall not be payable on late charges to be paid by User under this Agreement.  If the interest rate specified in this Agreement is determined in a final judgement by a court of competent jurisdiction to be higher than the rate permitted by law, the interest rate is hereby decreased to the maximum legal interest rate permitted by law.  The payment of any late charges or interest on any outstanding amounts shall not excuse or cure, or constitute a waiver of, any default or breach by User, or prevent Owner from exercising any of the rights and remedies available to Owner under this Agreement, or otherwise (including without limitation, immediately revoking User’s Permission to occupy and use the Campsite and the Property). 

  1. Permitted Use

            User may use the Campsite solely for temporary or periodic recreational camping uses during the open camping season (generally April 1 through November 1), and strictly in compliance with all laws and this Agreement, including the Rules and Regulations (“Permitted Use”), and for no other use without the express written consent of Owner, which consent may be granted or withheld in Owner’s sole discretion.  The Permitted Use includes permission to keep User’s camper or motor home (“Camper”) at the Campsite, and connected to any utility hook ups available for use at such Campsite, even during periods when User is not present at the Campsite and actively using the Campsite and the Property.  However, the Permitted Use is intended to be temporary and periodic, and User must maintain a separate permanent residence apart from the Campsite.  The Permitted Use also includes permission to temporarily park on the Campsite a personal car, golf cart or other motor vehicle, and a trailer, boat or other water craft (collectively, “Vehicles”), and to place and keep on the Campsite certain personal property and equipment and temporary structures that User intends to use in connection with User’s occupancy of the Campsite (collectively, with User’s Camper and Vehicles, “User’s PP&E”), but User shall not construct any permanent structures on the Campsite or affix any structures or personal property to the Campsite.  As further set forth in Section 6 below, User shall remove any and all of User’s PP&E (including User’s Camper, Vehicles, and all temporary structures) from the Campsite upon vacating the Campsite at the expiration or earlier termination of this Agreement (or upon Owner’s revocation of User’s Permission to occupy and use the Campsite and the Property), excluding any gravel, rocks, soil or other groundcover or natural landscaping materials.  User shall comply with all municipal, county, state and federal laws and ordinances pertaining to the use of the Campsite and the Property and the Rules and Regulations then in effect.  Owner reserves the right to amend the Rules and Regulations at any time by giving notice of such amendment to User or posting such amendment at the Property.  User shall not do or permit anything to be done in or about the Campsite or the Property which will, in any way, obstruct or interfere with the rights of other users or occupants of the Property, or risk injury to them, or allow the Campsite or the Property to be used for any immoral or unlawful purpose, nor shall User cause, maintain or permit any nuisance in, on or about the Campsite or the Property, disturb the quiet enjoyment of any other users of the Property, or commit or permit waste.  User shall neither use nor occupy the Campsite in any manner, nor commit or omit any act, which would result in a cancellation or reduction of any insurance or increase in premiums on any insurance policy covering the Campsite or the Property.  User shall comply with all requirements of any insurer pertaining to use of the Campsite and the Property, and any other requirements which are reasonably necessary for the maintenance of economic and proper fire, liability and other insurance desired to be carried by Owner.  User understands and agrees that: (i) User is responsible for all actions of User’s visitors, guests and invitees, (ii) any person(s) in violation of this Agreement (including any of the Rules and Regulations) will be expected and required to vacate immediately, and (iii) Owner reserves the right to terminate this Agreement and revoke User’s Permission to occupy and use the Campsite and the Property immediately in the event of any violation of this Agreement (including any of the Rules and Regulations) by User or any of User’s visitors, guests or invitees. 

  1. Condition of the Campsite/Property/Surrender

            User expressly acknowledges and agrees (for itself, and for all of User’s visitors, guests and invitees) that Owner is providing the Permission to use the Campsite (and the Property) in their existing physical condition and subject to all recorded matters and governmental regulations, “as-is”, “where-is” and “with all faults” and without any warranties of any kind, including without limitation, any warranty of condition, or that the Campsite or the Property is safe or suitable for User’s occupancy and use or the Permitted Use.  User is currently occupying and using the Campsite (and the Property), and has been for some time, pursuant to the Prior Agreement.  Therefore, User acknowledges that it has inspected the Campsite and the Property and is familiar with their current condition, and User accepts the condition of the Campsite and the Property in their current condition and acknowledges that they are in good sanitary order, condition and repair, and appropriate and acceptable for User’s intended use consistent with the Permitted Use.  Upon the expiration or earlier termination of this Agreement, or Owner’s revocation of User’s Permission to occupy and use the Campsite and the Property, User will immediately vacate and surrender the Campsite to Owner, in the same condition as received, and will remove any and all of User’s PP&E (including User’s Camper, Vehicles, and all temporary structures) from the Campsite and the Property, excluding any gravel, rocks, soil or other groundcover or natural landscaping materials, and repair any and all damage cause by such removal, all at User’s sole cost and expense.  Any and all User’s PP&E (including Campers, Vehicles, temporary structures, or other personal property and equipment) not so removed by User will be deemed abandoned by User, and of no value, and may be removed and disposed of by Owner, in Owner’s sole discretion, and at User’s sole cost and expense.   

  1. Maintenance, Repair and Alteration of the Campsite/Property

            User shall, at User’s sole cost and expense, keep and maintain the Campsite and every part thereof, and all the amenities, facilities and equipment of Owner on the Campsite (collectively “Amenities”), including all Services (as defined in Section 8 below), and all of User’s PP&E (including User’s Camper, Vehicles, and all temporary structures) placed or kept on the Campsite in connection with User’s occupancy of the Campsite, in good order, condition and repair, ordinary wear and tear excepted.  Without limiting the foregoing, User shall, upon demand by Owner, repair, or remove/replace any of User’s PP&E (including User’s Camper, Vehicles and/or temporary structures) that falls into disrepair, or is or becomes more than fifteen (15) years old, or otherwise falls below the quality standards of the Property, as determined by Owner in Owner’s sole discretion.  Owner shall have no obligation whatsoever to alter, improve or repair the Campsite or the Property or any parts thereof (including the Amenities and/or the Services), and User affirms that Owner has made no representations to User, and User has no claims against Owner respecting the condition of the Campsite or the Property (including the Amenities and/or the Services).  In the event of any damage to the Campsite or the Property (including any Amenities and/or the Services), caused in whole or in part by the act, neglect, fault, or omission of User (or any of User’s visitors, guests or invitees), User shall reimburse to Owner the cost of such repair or maintenance immediately upon demand, with interest accruing at the rate specified in Section 4 until paid. 

            Any Amenities on the Property (including the Services) are provided by Owner solely as a convenience for User and other users of the Property.  Moreover, User expressly acknowledges and agrees that Owner makes no representation, warranty or promise regarding such Amenities, Owner shall have no obligation to provide these or any other Amenities, or provide the Services or any other services (including, without limitation, no obligation to provide any security services), or to repair or maintain any such Amenities (or Services), or keep them open or available for use by User or any other users.  User expressly acknowledges and agrees that Owner has the absolute right, at any time, to alter or remove any such Amenities (including the Services) or any other aspect of the Property, or to close them or prohibit their use by User or any other users, whether by reason of an act of God, inclement weather (as determined by Owner in its sole discretion), strike, illness, any act or order of public authority, epidemic or pandemic, or any other event beyond the control of Owner, or otherwise.  In any such event, Owner shall have no liability to User or any of User’s visitors, guests or invitees, or any other user. 

            User shall not make any alteration, addition, or improvement to the Campsite (whether structural or non-structural) without the prior written consent of Owner, which consent may be granted or withheld in Owner’s sole discretion.  In the event Owner gives its consent, all such work shall be done by User at User’s sole cost, lien free, in a good and workmanlike manner, and in conformity with all applicable laws and the Rules and Regulations, and will be considered part of User’s PP&E.  User shall keep the Campsite and the Property free from all liens.  In the event that User does not, User shall reimburse to Owner all sums paid by Owner and all expenses incurred by Owner in connection therewith immediately upon demand, with interest accruing at the rate specified in Section 4 until paid.

  1. Utilities/Services

The Campsite is currently equipped with certain utility hookups for User’s use, including electricity, water and sanitary sewer connections, and the Property has certain garbage/refuse containers for User’s use in common with other users of the Property (collectively “Services”).  All such Services furnished by Owner are done so solely as a convenience for User and other users of the Property.  Moreover, User expressly acknowledges and agrees that Owner makes no representation, warranty or promise regarding the Services, Owner shall have no obligation to provide the Services or any other services (including, without limitation, no obligation to provide any security services), or to repair or maintain any such Services, or keep any such Services open or available for use by User or any other users, and Owner does not provide an uninterrupted source of electrical power, water or sewer or other Services.  Under no circumstance will Owner be liable to User or any other users if any Services are interrupted or terminated, whether because of repairs, installations, improvements or causes beyond Owner’s reasonable control, or otherwise, nor shall any such interruption or termination entitle User to any credit or refund, nor relieve User from fulfillment of any covenant, condition or payment or performance obligation under this Agreement.  As set forth in Section 3, User will pay to Owner, as and when directed by Owner, all periodic Service Fees with respect to (or allocable to) the Campsite, as determined, allocated and calculated by Owner in its sole discretion.

  1. Hazardous Substances

            User shall not cause or permit any Hazardous Substance to be used, stored, generated, or disposed of on or in the Campsite or the Property by User or any of User’s visitors, guests or invitees.  However, User may bring to the Campsite limited quantities of fuels used for camping and recreational purposes in connection with User’s use of the Campsite and the Property (and the surrounding area’s recreational facilities), such as limited amounts of propane or other camping fuels, and gasoline or other boat/motor vehicle fuels, all of which must be stored by User in sealed, safe and environmentally appropriate (non-leaking) containers, limited to five (5) gallons total, and otherwise stored and handled by User in compliance with all laws and regulations, and the Rules and Regulations.  If Hazardous Substances are used, stored, generated, or disposed of on or in the Campsite or the Property in violation of the foregoing, or if the Campsite or the Property become contaminated in any manner due to any act or omission of User or any of User’s visitors, guests or invitees, User shall indemnify, defend and hold harmless Owner and the Indemnitees (as defined in Section 10 below) from and against any and all Claims or Liabilities (as defined in Section 10 below) including, without limitation, any decrease in value of the Property and any and all sums paid for settlement of any Claims or Liabilities, litigation expenses, attorneys’ fees, consultation and expert fees of whatever kind or nature, known or unknown, contingent or otherwise arising therefrom.  This indemnification includes, without limitation, any and all costs incurred because of any investigation of the Campsite or the Property or any cleanup, removal, remediation or restoration mandated by a federal, state, or local agency or political subdivision.  The provisions of this section shall be in addition to any other obligations and liabilities User may have to Owner under this Agreement (including Section 10 below) or at law or equity and shall survive the expiration or earlier termination of this Agreement or Owner’s revocation of User’s Permission to occupy and use the Campsite and the Property.  As used herein, “Hazardous Substance” means any substance that is toxic, flammable, ignitable, reactive, or corrosive and/or that is regulated by any local government, the State of Illinois, or the United States Government.  “Hazardous Substance” includes any and all material or substances that are defined as “hazardous waste”, “extremely hazardous waste”, or a “hazardous substance” or similar term pursuant to state, federal, or local governmental law now or hereafter enacted. “Hazardous Substance” includes, without limitation, asbestos, polychlorobiphenyls (“PCB’s) and petroleum products.

  1. User’s Insurance and Indemnity

            At all times during this Agreement and User’s occupancy and use of the Campsite, User will, at its own expense, keep in force the following insurance policies: (i) Fire/Casualty insurance on all of User’s PP&E which may, from time to time, be used or located upon the Campsite or the Property (including User’s Camper and Vehicles); and (ii) General Liability insurance for bodily injury and property damage arising out of or in connection with User’s occupancy and use of the Campsite and the Property (including contractual liability insurance specifically covering liability with respect to the indemnity described below) with policy limits not less than Three Hundred Thousand Dollars ($300,000.00), or such lower amount as Owner may accept (in writing) in Owner’s sole discretion, and listing Owner as an additional insured.  User will provide Owner with a certificate of insurance evidencing such coverage whenever requested by Owner.  Owner makes no representation that the minimum insurance amounts specified above are adequate to protect User, and the amount of insurance obtained by User will not limit User’s liability under this Agreement.  Except where prohibited by law, Owner will not be liable to User, or any third party, for any injury or damage that may result to any person or property by or from any cause whatsoever in connection with the Campsite or the Property.  User agrees to indemnify, defend and hold harmless Owner, and its agents, employees, members, managers and representatives (collectively, the “Indemnitees“) from and against any and all claims, suits, damages, losses, costs, expenses (including attorneys’ fees and costs incurred in connection therewith or to enforce this indemnity obligation) and liabilities (collectively “Claims or Liabilities”) arising out of or incurred in connection with: (a) any breach or default by User under this Agreement, or (b) any failure to comply with any provision of this Agreement (specifically including, without limitation, the Hazardous Substances provisions of Section 9 above) by User or any of User’s visitors, guests or invitees, or (c) any injury or damage to any person or property whatsoever occurring in, on or about the Campsite or the Property, or any part thereof, when such injury or damage is caused in whole or in part by the act or omission, negligence or fault of User, or any of User’s visitors, guests or invitees.  The obligations of User under this section will survive the expiration or earlier termination of this Agreement or Owner’s revocation of User’s Permission to occupy and use the Campsite and the Property.

  1. Limitation of Liability/Damages/Waiver

            IN NO EVENT WILL OWNER BE LIABLE TO USER, OR ANY OF USER’S VISITORS, GUESTS OR INVITEES, OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORSEEABLE, AND WHETHER OR NOT USER OR OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT, OWNER’S ACTS OR OMISSIONS, OR THE OCCUPANCY OR USE OF THE CAMPSITE AND THE PROPERTY.  TO THE FULLEST EXTENT PERMITTED BY LAW, USER COVENANTS NOT TO SUE, WAIVES, AND FULLY AND FOREVER RELEASES AND DISCHARGES OWNER AND ALL INDEMNITEES (AS DEFINED IN SECTION 10) OF, FROM AND IN CONNECTION WITH, ALL CLAIMS OR LIABILITIES (AS DEFINED IN SECTION 10) AND ANY AND ALL DAMAGES AS SET FORTH HEREIN, ARISING FROM OR RELATING TO THIS AGREEMENT, OWNER’S ACTS OR OMISSIONS, OR THE OCCUPANCY OR USE OF THE CAMPSITE AND THE PROPERTY.    

  1. Default.

If User fails to make any payment under this Agreement (whether User Fees, Service Fees, Other Fees, or otherwise), or fails to faithfully perform or observe any other provision of this Agreement, then such event will constitute a material default and breach of this Agreement, without any requirement for notice or a right to cure, and Owner may immediately terminate this Agreement, revoke User’s Permission to occupy and use the Campsite and the Property, and/or exercise and pursue any and all other rights or remedies available to Owner in law, at equity or otherwise including, without limitation, having User and all of User’s visitors, guests and invitees removed from the Campsite and the Property as trespassers. 

  1. Attorneys’ Fees

            In the event of litigation initiated by either Party to interpret or enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the other Party, in addition to any other relief awarded or granted, the reasonable costs and expenses, including attorney fees, incurred by the prevailing Party, and reasonable attorneys’ fees and expenses incurred in enforcing any judgment.   Further, if: (i) Owner consults legal counsel or otherwise incurs costs or expenses to enforce the payment of any amounts owed by, or invoices issued to, User under this Agreement (whether for User Fees, Service Fees, Other Fees, or otherwise), whether or not litigation is commenced, or (ii) Owner is named as a defendant in any suit brought against User in connection with or arising out of User’s occupancy or use of the Campsite or the Property, then User shall be obligated to pay or reimburse to Owner, in addition to all other amounts for which User is obligated hereunder, all of the costs and expenses incurred by Owner in connection therewith, including reasonable attorneys’ fees. 

  1. Successors and Assigns

            User acknowledges and agrees that it has no right to assign or otherwise transfer this Agreement or the Permission, or any other right or interest herein, in whole or in part, to any third party without the prior express written consent of Owner, which consent Owner may grant or withhold in its sole discretion.  Any attempted assignment or transfer without Owner’s prior express written consent will be void ab initio.  If Owner grants prior express written consent to any assignment or transfer, such consent will not operate to release User from any of the obligations of this Agreement (whether payment or performance obligations, or otherwise), but all such obligations shall apply to and bind the permitted assignee or transferee along with User, jointly and severally.  If this Agreement is signed by more than one person as User, their obligations shall be joint and several. 

  1. User’s Termination Right

            User shall have the right to terminate this Agreement prior to the Expiration Date, by: 

(i) providing Owner with ninety (90) days’ prior written notice of User’s intent to terminate early, and

(ii) thereafter, on or before such early termination date, removing all of User’s PP&E and vacating the Campsite and the Property (and returning it in the condition required by this Agreement) all as further set forth in Section 6 above.  User shall be obligated to pay all Fees (whether User Fees, Service Fees or Other Fees, or otherwise), and comply with all obligations under this Agreement, with respect to all periods up to the date of termination, or User’s vacation and surrender of the Campsite in full compliance with this Agreement, whichever is later.  

  1. Miscellaneous

Time of the Essence.  Time is expressly declared to be of the essence of this Agreement, and of all covenants and conditions herein contained.

Notices.  All notices required or permitted in this Agreement shall be in writing and be deemed to have been given when delivered personally or by electronic mail, overnight delivery or mailed (postage prepaid) to such address as may be designated by each Party, or at the regular business address for such Party at the time the notice is given, or when delivered to User (or posted) at the Campsite.    

Counterparts.  This Agreement may be executed in two (2) or more counterparts, each of which shall be an original, but all of which shall constitute on and the same instrument.

Waiver.  One or more waivers by Owner of any breach of any covenant or condition shall not be construed as a waiver of a subsequent or continuing breach of the same or of any other covenant or condition, and the consent or approval by Owner to any act by User requiring Owner’s consent or approval shall not be deemed to waive or render unnecessary Owner’s consent to or approval of any other or subsequent act.  No waiver of any provision of this Agreement by Owner shall be deemed to have been made, unless it be in writing and signed by Owner.

Captions and Interpretations.  Sections, titles or other captions contained in this Agreement are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or any provision hereof.  No provision in this Agreement is to be interpreted for or against either Party because that Party or its legal representative drafted such provision.

Severability.  If any term, covenant, condition or provision of this Agreement (or any portion thereof) is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of that provision and all other provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Governing Law and Venue.  This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Illinois.  Venue for any action by any party pertaining to this Agreement, or the Campsite or the Property, shall be in the appropriate court located in Franklin County, Illinois.

Entire Agreement.  This Agreement (including its Recitals, Summary of Basic Terms, and the Exhibits attached hereto and incorporated herein) constitutes the entire agreement between the Parties, and no oral statements or representations or prior written matters not expressly incorporated herein shall have any force or effect (and the Prior Agreement defined in Recital C shall have no force or effect whatsoever).  This Agreement may be modified only by written agreement, signed by all of the Parties.

Force Majeure.  Owner shall not be required to perform any obligations under this Agreement, nor be liable for loss or damage for failure to do so, nor shall User be released from any of its payment or performance obligations under this Agreement, where Owner’s failure arises from or through acts of God, strikes, lockouts, labor difficulties, explosions, sabotage, accidents, riots, civil commotions, acts of war, terrorism, fire and casualty, legal requirements, energy shortage, epidemic or pandemic, public health order, or any other causes beyond the reasonable control of Owner.

Rules and Regulations.  User agrees to abide by all Rules and Regulations imposed by Owner (as set forth in Exhibit A) and as the same may be changed from time to time by Owner in its sole discretion.  Owner reserves the right to amend the Rules and Regulations at any time by giving notice of such amendment to User or posting such amendment at the Property.  Any violation of such Rules and Regulations by User or any of User’s visitors, guests or invitees, shall constitute a material breach and default by User under this Agreement.  Owner shall not be liable for the failure of any other users or occupants of the Property, or the failure of any of their visitors, guests or invitees, or any other person to conform to and comply with the Rules and Regulations.

 

 

OWNER:

 

Coy and Wilma’s, LLC

an Illinois limited liability company

 

By: _________________________

Its: _________________________

 

 

USER:

____________________________

Name:

Date: 

____________________________

Name: 

Date: 

 

____________________________

Name:

Date: 

____________________________

Name: 

Date: 

 

EXHIBIT A

 

 

Rules and Regulations

 

(Attached)

 

EXHIBIT B

Waiver and Release

(Attached)