Rental Terms and Conditions
Julie Stuart Realty, LLC
Rental Terms and Conditions
Fairhope Motorcoach Resort
I, undersigned (whether one or more people), do hereby acknowledge and agree, in consideration of my occupancy of a Resort Site at Fairhope Motorcoach Resort (Resort), a Land Condominium, that I and all of my family members and guests who accompany me for my stay at the Resort (collectively, the Occupants) covenant and agree the stay of the Occupants at the Resort will be subject, in all respects, to the following terms and conditions:
1. Only Class A motorhomes 12 years old or newer and at least 32’ are permitted.
2. Taxes are not included in daily rates.
3. Check-in time is 1 PM until 5 PM and check-out time is 12 Noon. The Office and Entrance Gate close at 5 PM- Monday thru Friday and Saturday by appointment.
4. Enclosed Trailer's are only allowed on the Site the Motorocoach is occupying. Stacker trailer's are not allowed.
5. A deposit of 50% of the rental fee is required to hold your reservation. The balance will be collected 30 days prior to your check-in date. The deposit is refundable (minus a $50 administration fee) if cancellation notice is received at least 14 days prior to the scheduled arrival date. If a cancellation notice is given less than 14 days prior to your scheduled arrival date, the deposit and any other payments on file will be forfeited.
Our weather policy: Prior to arrival, if a Tropical Storm Warning or Hurricane Warning is issued by the National Hurricane Center which may include a Mandatory Evacuation Order for the immediate area, you will receive a refund of your deposit. After arrival, if the warnings are issued and you decide to depart, the pro-rated amount will be refunded within a reasonable time after you depart.
6. A 6% Lodging, 3% Processing Fee and $7.50/night for 2023 Impact Fee will be added to each reservation.
7. Occupancy may not exceed 6 people per site and on the entire grounds of the Resort.
8. Specific Resort site reservations are not guaranteed, and site assignment is subject to change
9. After hours emergency contact: On-site host at (251) 622-2340.
10. Coach cottages are not included with the rental of the site.
11. You agree to be financially responsible for any damage done by your motorhome, vehicle or Occupants to the landscaping, power pedestal, parking pad or the Cottage, etc.
12. Do not use anything covered on a unit’s patio or pergola. Covered items are not available for use.
13. Tents and Pavillions are strictly prohibited
14. If provided, place the pads at your rental site under your coach’s jacks.
15. Pool hours are 9 AM to 9 PM. Children under the age of 15 must be accompanied by an adult. No animal/pets allowed in the pool area. Glass/breakable containers are prohibited in the pool & pool area.
16. The laundry room is located adjacent to the pool house. For your convenience, non-coin operated washers and dryers are available for your use. We suggest a donation of $1.00 per wash and $1.00 per dry. All donations go to the Baldwin Humane Society. No dog beds or pet items are allowed in washers or dryers.
17. The Lodge is for Owners and their invited guests only.
18. Use of outdoor amenities are available for both Owners and Guests.
19. Place ALL of your garbage in a sealed garbage bag. Deposit all garbage bags in the dumpster located between lots #14 and #44. Do not leave your garbage outside overnight.
20. The Resort’s streets in front of the sites are One Way. In front of the Office, Owners’ Lodge and alongside the pool are Two Way. The speed limit within the Resort is 10 MPH. For everyone’s safety, observe the posted traffic signs.
21. The Exit Gate will open automatically as you approach it.
22. All common areas of the Resort are non-smoking.
23. Gas or propane grills are allowed, however, do not place them on any patio furniture. You may place them on your own table or directly on the concrete pad or paved patio area. No wood-burning fire pits are allowed.
24. Ensure the exhaust from your Aqua-Hot or other heat exhaust system does not cause a fire hazard with the pine straw.
25. As in any high-quality resort, do not hang anything outside including but not limited to towels, clothing, tarps, party lights, yard décor, etc.
26. We understand many people have ties to universities, sports teams and their home state. You may fly your team’s flag on game day. American flags are welcomed year-round.
27. The Resort has a limit of 3 pets per coach. All animals are to be on a leash and under the control of their owner when in the Resort. No pets may be outside of a coach unattended. Leashes must not be longer than 12 ft in length. Unruly or excessively aggressive animals will not be allowed in the Resort. Any failure to pick up your pet’s waste and/or keep it on a leash could result in eviction from the Resort. Any temporary fencing MUST be approved by Management. NO animals/pets are allowed in the pool area.
28. Resort Quiet Hours are from 9:00 PM to 7:00 AM.
29. All Occupants must abide by the Rental Terms and Conditions concerning the use of the Resort, as adopted and/or amended by Julie Stuart Realty, Inc. or Fairhope Motorcoach Resort.
WAIVER AND RELEASE AGREEMENT
Please read carefully before signing
This is a release of liability and waiver of certain legal rights
In consideration for my being permitted to participate in the activities of Fairhope Motorcoach Resort Condominium Owners Association, Inc., I agree to the following Waiver and Release:
I acknowledge that swimming in the pool and/or fishing in the lake has inherent risks, hazards, and dangers for anyone that cannot be eliminated, particularly in a wilderness environment.
I understand the risks, hazards, and dangers as described above and have had the opportunity to discuss them with Julie Stuart Realty, Inc. or Fairhope Motorcoach Resort Condominium Owners Association, Inc. I understand that these activities may require good physical conditioning and a degree of skill and knowledge. I believe I have that good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF Fairhope Motorcoach Resort Condominium Owners Association, Inc. WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.
Lastly, I, for myself, my heirs, successors, executors, and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS Julie Stuart Realty, Inc. and Fairhope Motorcoach Resort Condominium Owners Association, Inc. their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys' fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, animals or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of Julie Stuart Realty, Inc. or Fairhope Motorcoach Resort Condominium Owners Association, Inc. or from some other cause. I, for myself, my heirs, my successors, executors, and subrogees, further agree not to sue Julie Stuart Realty, Inc. or Fairhope Motorcoach Resort Condominium Owners Association, Inc. as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activities of Fairhope Motorcoach Resort Condominium Owners Association, Inc.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT
__________________________________ ___________________ ___ ________
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30. Any use of the swimming pool or any other of the common elements located at the Resort shall be subject to the following: In consideration of being permitted to rent and occupy a site at Fairhope Motorcoach Resort, the Occupants, both for themselves and their respective spouses, children, legal representatives, heirs and assigns (sometimes hereinafter collectively referred to as the Releasing Parties), hereby release, remis, and waive and discharge Julie Stuart Realty, Inc. and Fairhope Motorcoach Resort, the Developer, Owners, Association, and all of the respective affiliates, directors, officers, members, managers, employees, and agents of any of the foregoing (sometimes hereinafter collectively referred to as the Released Parties) from any actions, suits, damages, claims or judgements which may arise out of or otherwise result from any injury to person or property, and for any and all loss, damage or claim which may be sustained or claimed to have been sustained while the Releasing Parties were or are on the Resort premises, regardless of the cause, therefore; (a)The Releasing Parties hereby acknowledge use of the swimming pool located at the Resort may present a risk of harm and injury to persons or property; and (b)that he/she understands the risks, and fully assumes the risks of any such injuries or property damage. Without in any way limiting the foregoing, the Releasing Parties should consult a physician or other medical expert prior to using the swimming pool. To the fullest extent permitted by applicable law, the Releasing Parties further hereby agree to indemnify the Released Parties and hold each of the Released Parties harmless from any claim, loss, liability, damage, judgement or cost, including, but not limited to, attorney’s fees of the Released Parties arising out of or otherwise related to the Releasing Parties entry and presence upon the Resort including, without limitation, the Releasing Parties use of the swimming pool. The Releasing Parties hereby expressly acknowledge and agree the permission to enter upon the Resort is conditional, temporary and subject to revocation by the Resort and/or the Association and that either the Resort or the Association may revoke any permission granted hereunder, or limit the same, for any reason and at any time, within the sole and absolute discretion of the Resort and/or the Association, as applicable.
The Occupants acknowledge and agree that in the event of any breach of the terms hereof by any of the Occupants, the Resort and/or the Association may invoke the jurisdiction of any court of law or equity situated in Baldwin County, Alabama, in order to obtain an injunction or any other remedy available to the Resort and/or the Association for violation hereof or default hereunder by any or all of the Occupants. IN WITNESS WHEREOF, the undersigned has executed this document on:
Signature: ___________________________________ Date: _______________
Print Name: _______________________________________________
Initial ______ rev.11/02/22