TERMS & CONDITIONS
I agree, and hereby represent to Cape Kennedy Resort, LLC (the “Resort”) that I shall cause and require myself, my children, invitees and guests (hereinafter collectively, “I” or “Guests”), to abide by the Park Rules, including those rules and policies published at www.capekrvresort.com and/or posted at the Premises, and/or otherwise communicated in any manner by Resort.
1. GUEST. To place a booking with us, the lead guest must be at least 21 years of age, and must present identification at the time of booking. The maximum number of staying guests per room is listed in the room occupancy details on the website. When a person books on behalf of the actual visiting guests, the person making the booking may be held responsible for cancellation, non-arrival, and damages as set–out within. Only the primary guest and the named booking party are allowed to use the property and its facilities. Any third-party visitors are only allowed access with our prior, in-advance permission. Any charges raised against us buy our banks for handling dishonored checks, bank transfers, or any other payments, must be reimbursed by the lead guest within seven (seven) days of any request to do so. All guests agree to respect the privacy and piece of all other staying guests, neighbors, and the owners at all times, as well as the property. We reserve the right to cancel the booking with immediate effect if guests are not honoring this agreement, or causing a disturbance/nuisance to other guests, neighbors, or the owners.
2. PAYMENT POLICY/NO REFUNDS. 100% of the cost of the reservation is due at the time of booking. ANY LONG TERM RESERVATIONS THAT ARE BILLED AT A MONTHLY RATE AND THAT ARE 25 CONTINUOUS DAYS OR MORE IN LENGTH ARE 100% NON REFUNDABLE. By providing a credit card number you are authorizing the resort to bill your credit card for the full amount of the reservation; including but not limited to cost accrued while at the property, outstanding balance is not paid at departure, damages to the property, and any cleanup cost if your side is not cleaned up upon departure, and any other charge referred to herein. Monthly sites are billed on the 1st of each month automatically. If arrival is not at the beginning of the month, that month will be prorated accordingly to match up with the billing cycle.
The Resort does not give credit or refunds due to weather, rainstorms, electrical storm, tornado, water spouts, mud slides, earthquakes, flooding, hurricane, windstorm, plague, pandemic, public health emergencies, interruption of utility or water services to the Park, crime, or any other meteorological or geological phenomenon of any kind whatsoever, encounters with wild animals or other animals (pets), and acts of God. The Resort’s refund policy varies, depending on the timing of the cancellation notice in advance of the reservation date, as follows:
a. Cabins/Lodges: If a reservation is cancelled more than 21 calendar days prior to the arrival date we issue a full refund, minus the non-refundable $25 transaction fee. For a cancellation of a reservation occurring between 15 and 20 days prior to the arrival date we issue Camp Credit for 50% of the payment and the balance is forfeited. For a reservation cancelled 14 days or less prior to the arrival date, the full amount of the reservation payment is forfeited to Jellystone Park.
b. Campsites: ANY LONG TERM RESERVATIONS THAT ARE BILLED AT A MONTHLY RATE AND THAT ARE 25 CONTINUOUS DAYS OR MORE IN LENGTH ARE 100% NON REFUNDABLE. If a short term, less than 25 continous day, reservation is cancelled 15 days or more s prior to the arrival date we issue a full refund, minus the non-refundable $25 transaction fee. For a cancellation of a reservation between 8 and 14 days prior to the arrival date we issue Camp Credit for 50% of the payment and the balance is forfeited. For a reservation cancelled less than 7 days prior to the arrival date, the full amount of the reservation payment is forfeited.
c. Camp Credit can only be redeemed in the same calendar year as the cancelled reservation (that is, a cancelled 2022 reservation must be used in 2022). A credit issued in a calendar year (e.g., 2022) will be null and void in the subsequent calendar year (e.g., 2023). A Camp Credit can only be applied toward your site or cabin/lodge rental. For reservations paid with a credit card, cash refunds will be credited to the credit card on file with respect to reservation.
3. DANGEROUS ACTIVITIES AT YOUR OWN RISK. As a participant in a recreation activity, I am responsible for acting within the limits of my ability and heeding all warnings regarding participation in the activity. I will maintain control of myself and any equipment while participating in the activity and will refrain from acting in any manner that may cause or contribute to injury to myself or to others. I understand that some of the physical activities I may engage in while at the Premises may be dangerous, or reckless to participate in. I hereby represent that I may choose to engage in those activities anyway. I know that Resort does not supervise me while I engage in those activities, nor does it have any duty to do so. I hereby declare that Resort does not have any responsibility whatsoever for any injuries, and/or health related conditions, including but not limited to death, that I may suffer or cause to another as a result of engaging in any physical activity of any kind whatsoever, including but not limited to athletic activity, sports of any kind, yoga, rollerblading, rollerskating, machine aided activity, bicycling, motorcycling, base jumping, hang gliding, off-roading, dirt biking, triking, or using any other kind of recreational vehicle or device. I engage in physical activity at the Resort at my own risk.
4. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Resort, its owners, officers, directors, managers, employees, and agents (collectively, the “Management”), from any and all liability to me, my children, my invitees/guests, personal representatives, and heirs for any loss or damage on account of injury to person (including death) or loss or damage to property relating to, or arising out of, use and occupancy of the Premises, facilities, golf carts, amenities, pools, water park, jumping pillow, and hot tubs and any dangers and hazards associated with acts of nature such as changing weather conditions; high winds; thunder and lightning; temperature fluctuations; falling trees; tree limbs, ice; or encounters with wildlife.
5. I HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Resort, its owners, officers, directors, employees, and agents, from any loss, liability, damage or cost (including attorney fees) they may incur due to injury (including death), damage or loss of property relating to use of the Premises by me, my children, and/or my invitees/guests or due to any incidents that may occur during my stay. I understand that the security of my person, my belongings, and all persons registered in my party is my sole responsibility, and I am not in anyway relying on the Resort or its personnel to help me or to keep me safe in any way. I hold Resort harmless and without liability if I am a victim of crime while on the Premises, and understand that there is no separate security force hired for the Resort.
6. FURTHER INDEMNITY. As a courtesy, our employees, if so requested, may assist with directing you to your designated campsite. It is your sole responsibility to ensure that the site will accommodate your specific trailer/RV and that you will not hit any branches, bollards, trees, etc. when positioning your RV on the campsite. You agree to indemnify and hold the Resort harmless from any loss, liability, damage or cost (including attorney’s fees) that may result from an employee assisting or directing you onto a campsite. Furthermore, you release, waive, discharge and covenant not to sue the Resort for any and all liability, loss, physical injury, or property damage relating to an employee assisting/directing you to your site.
7. GUARANTOR OF OBLIGATIONS. I understand that I am and remain personally liable to pay the total amount of my reservation prior to my scheduled check-in date, or at such earlier date communicated to me. If I fail to pay the total due, I agree that the Resort may charge any remaining balance (in additional to any damage charges or other amounts owed under these Terms and Conditions) to any credit or debit card on file with my reservation. Any amounts due after 30 days will be subject to the maximum late charge permitted under state law.
8. The Premises are privately owned and THE RESORT RESERVES THE RIGHT TO REFUSE SERVICE to anyone, without compensation, refund, or reimbursement, for any reason except for reasons prohibited by law. The Resort reserves the right to require any person or party it deems necessary, to leave the Premises based on violations of Park Rules or behavior management deems inappropriate or disturbing to others. Harassment or mistreatment of our staff or other guests, including but not limited to, racist comments or hate speech, will not be tolerated under any circumstances.
9. LICENSE TO USE LIKENESS. On behalf of myself and the Guests, I grant the Resort and its affiliated entities and promotional partners, a permanent, final, irrevocable, full and complete license to include any photographic, video, audio, and other visual portrayals of each person in my party in any medium and for any purpose without any compensation to me.
10. DEFINITION. As used herein, “Premises” and/or “Resort” means the Cape Kennedy Resort, having a street address of 4513 State Road 46, Mims, Florida 32754, and all real property owned by it at or about that location, including but limited to the buildings, equipment, and other personal property therein, and all such property generally referred to as the Resort.
11. ACKNOWLEDGMENT. I have read this notice and agree to it as well as all Rules and regulations for the Premises. In addition, I understand that I am responsible for the actions of all persons registered in my party, including Guests.
12. Additional Terms for Rental Units
I understand and agree as follows:
- At departure, the rental unit is to be left in a reasonably clean condition (broom swept), garbage is to be removed from the rental unit and placed in an outside dumpster, all kitchens and kitchenettes are to be left clean, all dishes are to be washed and put away, and the microwave, fridge, stove and countertops are to be wiped clean; otherwise, Resort may charge my credit card with a $125 cleaning fee. I understand and agree that if I leave the rental unit in an unreasonably filthy condition, permit a pet to occupy a rental unit not designated as pet-friendly or smoke in a rental unit, Resort may charge my credit card for the cost to professionally clean the rental unit ($250 minimum charge).
- All damages to the rental unit, whether caused by myself, my children, guests or pets, will be disclosed to the registration office immediately or at checkout. All damages occurring to the rental unit during my stay will be charged to my credit card after a thorough inspection has been made by Resort. Damages for which I will be responsible include, but are not limited to: lost key(s), broken/lost TV/DVD/AC remote controls, broken items, discharged fire extinguishers (if not used for a fire), damaged/dented/bent appliances, furniture, cabinetry or dishes, writing on walls or bedding, and ripped or torn mattresses or covers.
13. WiFi Fair & Appropriate Usage Policy
We provide complimentary WiFi access, but WiFi access and service is NOT part of your reservation. We are NOT responsible for outages in service, nor are we obliged to provide any service at all. No refunds or discounts will be provided for outages in WiFi access and service, regardless of how long such outage may last. YOU are responsible for providing your own internet service through YOUR mobile provider. Where Wi-Fi Internet access is provided, guests agree to use this access to the Internet fairly and appropriately. We may monitor network performance and usage in order to maintain a fair and high-level of service to all our guests. We may throttle network performance and available speeds at our sole and absolute discretion; we may turn off the service completely within our sole and absolute discretion. WiFi is intended for light websurfing and email, and is not intended for heavy video streaming, downloading, or videoconferencing. Access to illegal activity or use of our network for illegal activity is prohibited and will be reported to local authorities if detected.
14. PERSONAL DETAILS & PRIVACY
We are required to keep a register of guests over the age of 21 or stay with us. This includes full names, addresses, and contact information. Our policy surrounding the personal details you provide as part of any booking or inquiry through our website/or third-party website, including the privacy of those details, are explained and described in our privacy policy. You accept that any entries you made to announce a guestbook, if available, may be used in promotional materials but will not contain any personal information or details unless otherwise requested.
15. PARKING
Guests must park in the appropriate parking area is matching their reservation. Guests must register the car they will be parking at check in. Where on-site parking is provided guests except that they park their vehicles at their own risk. the resort reserves the right to instruct guests as to the specific location at which they may park their vehicle. Guests may park one motorhome, trailer, or similar pop-up camper and up to two cars, not exceeding the designated parking space. Additional cars can be registered with an overnight parking fee at the front desk, if space in the main parking lot or storage area allows.
16. DAMAGES & LOST PROPERTY
We reserve the right to charge the primary guest for any damages caused through the course of a booking by any member of the booking party. This includes breakages, spillages, stains, damage to furniture or fixtures, and damage to linens. Any accidental damages should be reported as soon as possible in order to minimize damage and associated costs. Lost keys/fobs will incur a replacement charge of $25 per key.
This is a non-smoking property, including your cabin. If you smoke, we reserve the right to have smoke remediation performed on your cabin, and you agree to pay the greater of $500 or the actual charges incurred by the Resort for such remediation, and you authorize the Resort to charge your credit card for such charges. You agree that the Resort is the ultimate arbiter, in its sole and exclusive discretion, as to whether you smoked in your cabin, and whether remediation charges are appropriate. The Resort is not obliged to provide advance notice of such remediation.
Any lost property, if discovered and found, left behind by guests during a stay will be held for a period of one month. While we make our best efforts to reunite loss property with its owner, we accept no responsibility replacing lost items, and encouraged guests to ensure they have all their belongings before checking out. We may offer to post lost items via recorded delivery at the cost of the property owner, otherwise collection can be arranged. After one month’s time, you agree it would be reasonable for us dispose of your left behind property, and you authorize us to do so as we see fit in our sole and absolute discretion.
17. ANIMAL WAIVER
I hereby agree to the following regulations and conditions relating to my dog while camping at the Premises with my dog or any other pet or service animal (all referred to collectively as “dog”). Short term guests pay $25 per night for a dog in a cabin. Any transient site is $5 per night for a dog, and long term guests in transient sites pay $25 per month for a dog.
· Excluded Areas. I agree to keep my dog out of the following areas including, but not limited to, food and beverage areas, the pool and pool deck, Ranger Station, playgrounds and pavilions.
· Excluded Dogs. I agree that the Resort has the sole discretion to exclude dogs. The basis for exclusion may include, but is not limited to the following: breed-specific exclusions; due to their young age are exempted from state or local law vaccination requirements; are sick; are in heat; are aggressive, vicious, dangerous or potentially dangerous; require muzzling; or are easily frightened or sensitive, resulting in disruptive behavior (such as fighting or biting) in response to a stimulus.
· Supervision. I agree to keep my dog on a leash or in a carrier while in all public areas of the Resort. I further agree to have my dog with me or a designated individual at all times, and understand that I may not leave the dog unattended in the cabin or at the campsite. I agree to prevent noise or any other disturbance by my dog, in the interest of other guests at the Resort.
· Vaccinations. I represent and warrant that my dog is up to date on all vaccinations (including rabies and distemper) and flea treatments.
· Disturbances. I agree that, should my dog create any disturbances, which cause complaints to be made to the management by other guests or employees of the Resort, at the request of a Resort employee, I will immediately make arrangements to house my dog elsewhere outside the Premises. Additionally, I understand and agree that if I do not find alternative housing for my pet after being asked to do so, I will be asked to leave the Resort and will not be issued a refund.
· Assumption of Risk and Release. I understand that my permission to have my dog at the Resort with me is a privilege and not a contractual right. Such permission is expressly conditional upon my adherence to the terms of these rules and other rules in effect at any given time. I understand that the Resort may revoke such permission at any time for any reason. I understand that there are motor vehicles and other conditions at the Resort that can be hazardous to dogs, and my dog might get hurt, or killed. I hereby assume all responsibility of risks, injury, damage, other harm that may occur while my dog is at the Resort, whether to my dog, or caused by my dog. Further, I hereby knowingly and voluntarily expressly release and discharge the Resort, its owners, its agents, its parent companies, members, managers, directors, officers and employees (“Released Parties”) from any and all claims, damages, liabilities, injuries, demands, or causes of action, both present and future, whether known, unknown, anticipated or unanticipated, that me or my guests or invitees may have against any of the Released Parties arising out of or incident to my dog’s presence in the Resort, whether arising from any act or omission, whether negligent or otherwise, of me, my dog and/or any guest or invitee. I further agree to indemnify each of the Released Parties for any and all such claims, damages, liabilities, injuries, demands, or causes of action, including costs, expenses, and attorney’s fees arising as a result of or related to the presence of the dog at the Resort. This provision shall be enforceable to the fullest extent of the law.
- Acknowledgment. By signing below, I acknowledge that I have read the foregoing Assumption of Risk & Release and fully understand its provisions and implications. My execution of this Release is entirely voluntary and intended to be binding on my heirs, executors, legal representatives and assigns.
I have read this Animal Waiver and understand it is my responsibility to abide by the Rules. I further understand that it is my responsibility to ensure that my guests and invitees also comply with the Rules. Failure to adhere to the policies and rules set forth herein may result in my removal from the Resort without a refund.
In light of the global pandemic associated with COVID-19, everyone shares in the obligation to observe certain requirements and guidelines to help keep themselves and others safe within your shared community. In particular, I represent that I have not tested positive for COVID-19 within the last two weeks and I have not been in direct personal contact with someone who has tested positive for COVID-19 within the last two weeks either. If I do test positive for COVID-19 or come into contact with someone who has, or if my temperature exceeds 100 degrees Fahrenheit and I experience other COVID-19-related symptoms, I agree that I will not seek to enter the resort/community until I am no longer symptomatic for three straight days. I agree to observe the safety requirements within the resort/community spaces — including wearing a personal mask when required, and observing required routes of circulation, occupancy limitations, social distancing and sanitization requirements.
RESORT RULES & REGULATIONS
ANY LONG TERM RESERVATIONS THAT ARE BILLED AT A MONTHLY RATE AND THAT ARE 25 CONTINUOUS DAYS OR MORE IN LENGTH ARE 100% NON REFUNDABLE.
NOT ALLOWED ON SITE
RVs, campers, and camper vans must be 2011 or newer. Management discretion for older models that are maintained, and the outside is not deteriorating. Current pictures must be provided of all 4 exterior sides.
OUTSIDE STORAGE- INCLUDING BUT NOT LIMITED TO:
Clutter on picnic tables, decks, around site, under rigs.
Toys, bikes, trikes, building materials, tarps, furniture (outdoor furniture accepted), ATVS, OHVS (unless within parking regulations), carpet (outdoor carpet accepted), excess of plants, containers, appliances, toolboxes, cabinets, cardboard boxes, or crates, piles of junk, empty boxes, large plastic bags.
A reasonable amount of fresh flowers are ok.
Nothing stored on picnic tables-storage in screen rooms that can be seen from road. No trash containers- use the dumpsters.
Tarps-do not cover grills, or vehicles with tarps. Only use grill, or car covers.
No piles of firewood.
Fences – only short decorative fences or skirting are ok; plans for same must be submitted to resort in advance of installation and receive approval.
For sale signs, signs, flags, or any other items can be deemed inappropriate by management and must be removed immediately. The first amendment applies to the United States federal and state governments; not this campground.
No clotheslines.
No tents on RV sites.
No boats, cargo trailers. Or utility trailers on lots.
No mechanical work is to be done anywhere on this property including but not limited to oil changes.
No business ventures are to be run from this property.
No add on’s (screen rooms) without prior written permission from the ownership group.
No feeding wildlife.
No fires except in approved outdoor fireplaces. Absolutely no fires during burn restrictions – check with the store.
Illegal drugs and use of illegal drugs are not allowed in the park.
Intoxicated behavior is not permitted in the park.
The resort is a family-oriented park, and we ask that you drink responsibly and respect those who choose not to drink alcohol.
Please keep all canned or bottled alcoholic beverages in a concealed container.
Please respect guests by not allowing your pets or children to play in the areas leased by others.
No vehicle is to exceed 5 mph in the park.
Children with bikes should be supervised by their parents and/or registered camper.
Please respect guests by not allowing your pets or children to play in the areas leased by others.
Please respect the area of others by controlling your noise level and language.
Please respect the area of others by sharing the park rules with your visitors.
Parents are responsible for the conduct of their children.
Quiet hours are from 10 pm to 8 am.
PETS
Must be leashed and under the control of their owner, or kept inside the guest’s RV.
No unattended pets allowed.
Pet owners are required to clean up immediately after their pets. $50 fee if your site must be cleaned up by the management.
No pet waste may be present on any lot.
No pets are allowed inside the clubhouse.
PARKING
No more than 2 vehicles per site – all vehicles must be registered and insured
You cannot park your vehicles less than 3ft from the road. You cannot park any vehicles on any other site or use any other site for any reason without written permission from the ownership group. If you do not have room to park an additional vehicle on your site, you will have to park in the storage area and pay the storage fee anything that is put into storage must be registered with office and paid for, and it also must be registered and insured. You shall produce to the resort upon request copies of your registration and insurance. Do not block the road or park on empty sites. Parking on sites that are not yours could result in having to pay for that site for that day.
Do not park on the grass. If the grass is damaged costs to replace the sod will be charged to your account.
Absolutely no disabled or inoperative vehicles allowed on site. It is ok in storage area with written permission from ownership group.
Management is not responsible for missing, stolen, or damaged items in storage. Put your belongings in storage at your own risk.
All RV’s must be washed and kept clean at all times.
Long term residents are responsible for maintaining their lot, mowing, weed eating, etc.
If you cannot or will not keep your site in compliance, you will be subject to eviction or termination of residency.
FINES
Water leak – 1st offense is a warning to fix the problem in a timely manner. 2nd offense is a $25 fine for not fixing the problem.
Pet waste. 1st offense is a warning. 2nd offense will be a $50 fine for cleanup costs.
Parking on grass. 1st offense is a warning. 2nd offense is a $25 fine.
ANY VIOLATIONS OF THE ABOVE STATED RULES MAY RESULT IN YOUR BEING ASKED TO LEAVE WITHOUT A REFUND
THESE RULES WILL BE UPDATED FROM TIME TO AS THE OWNERSHIP GROUP SEES FIT. ANY QUESTIONS CALL THE OFFICE AT 321-269-7361