BY PAYING THE PAYMENT ON THE ORDER FORM, YOU ARE CONSENTING TO BE BOUND BY ALL TERMS CONTAINED HEREIN. PLEASE READ THIS AGREEMENT AND THE ORDER FORM CAREFULLY.
This Agreement, together with the Order Form and Tentrr’s Terms of Service available at www.tentrr.com/terms (the “Terms of Service”), constitute the entire agreement between you and Tentrr and supersede all prior agreements and understandings.
“Equipment” - camping equipment and related materials (platform, tent, camp furniture, etc.) provided by Tentrr to CampKeeper;
“Tentrr” - Tentrr, Inc., whether acting directly or through its employees, contractors, agents or assigns.
“Site” - the area for use as a Tentrr campsite;
“Member” - a person, who completes Tentrr's account registration process, including but not limited to CampKeepers and Campers;
“CampKeeper” – a Member who creates a listing(s) through the Tentrr website, application or services;
“Camper” - a Member who requests from a CampKeeper a booking of a Campsite via the website, application or services, or a Member who stays at a Campsite and is not the CampKeeper for such Campsite.
“Initial Term” – the initial term of this agreement, beginning on the date of signature and ending 36 months from the date of Site installation;
“Booking Revenues” – the revenue generated by nightly rate as listed by CampKeeper X nights booked by Camper.
“Revenues from Extras” – the revenue generated by other services sold by the CampKeeper using the Tentrr website.
2. By signing the ‘ORDER FORM’, CampKeeper is requesting that Tentrr evaluate whether the Site is appropriate for the Signature Campsite program. CampKeeper agrees to cooperate with Tentrr’s evaluation process, which may include collection of information, a site inspection and/or other actions. Tentrr will promptly contact CampKeeper once Tentrr decides whether to include the Site in the Signature Campsite program.
3. If Tentrr decides to include the Site in the Signature Campsite program, (i) CampKeeper will promptly comply with the payment schedule detailed on the Order Form, and (ii) Tentrr will deliver and install the Equipment on the Site. All fees are non-refundable unless they become subject to the Refund Policy as stated on the Order Form.
4. CampKeeper agrees to the Tentrr.com Terms of Service, available at https://www.tentrr.com/terms/. If there is a conflict between this Agreement and the Terms of Service, this Agreement shall control.
5. CampKeeper will promptly and exclusively list the Site for rental on www.tentrr.com. CampKeeper will process any and all payments for use of the Site and any Tentrr Extras through Tentrr.com. CampKeeper will not list the Site, or any other commercial campsite, with any service other than Tentrr.com if any Equipment is then on such Site or other campsite.
6. CampKeeper will clean and inspect the Site after each use, will maintain all Equipment in good working condition and will promptly notify Tentrr of any Equipment which needs to be replaced. During the Initial Term and all subsequent terms, subject to the Terms of Services, Tentrr will: a) replace Equipment damaged by acts of God at its expense; b) replace Equipment damaged due to CampKeeper negligence at the expense of such CampKeeper; and c) replace Equipment damaged due to Camper negligence at the expense of such Camper.
7. CampKeeper shall use reasonable efforts to ensure that the Site and all Equipment are safe for their intended uses and for each person using the Site. CampKeeper agrees to follow Tentrr Maintenance Guidelines and provide all requested evidence to Tentrr of fulfillment.
8. CampKeeper will defend, indemnify and hold harmless Tentrr, its officers, directors, employees and agents, from and against any third party claims for damages, including personal injury or death, arising out of any use of the Site or the Equipment. CampKeeper is listed as additional insured under Tentrr’s $2mm general commercial liability insurance policy.
9. Tentrr retains ownership of all Equipment. Tentrr is hereby granted the right to access the Site to deliver and install the Equipment and to repossess the Equipment in the event of any breach of this Agreement by the CampKeeper that is not cured within 15 days’ notice to CampKeeper that such breach has occurred.
10. CampKeeper may terminate this Agreement by providing 30 days written notice. In the event that such termination occurs prior to the end of the Initial Term, CampKeeper agrees to pay the Early Termination Amount (as defined on the Order Form). Sections 1, 5, 8, 9, and 11 shall survive any termination of this Agreement.
11. This Agreement may only be amended by a written instrument signed by both CampKeeper and Tentrr. This Agreement shall be governed by the internal laws of the State of New York, without regard to choice of laws provisions.
Six Thousand Five Hundred Dollars ($6500.00) due for each Camp Kit. This covers delivery of the campsite items as listed in SCHEDULE A to the Site and installation and is a one-time fee, that is, it is due only with respect to the Initial Term and not with respect to any renewal of this Agreement.
Booking Revenues generated by the Site shall be paid out as follows: 80% to CampKeeper and 20% to Tentrr. Revenues from Extras will be shall be paid out as follows: 80% to CampKeeper and 20% to Tentrr.
If Tentrr fails to deliver the campsite items, as listed in SCHEDULE A, within 60 days from payment, all payment shall be fully refundable. If contract is terminated, in accordance to the termination clause below, within 30 days from payment date and before installation all payment shall be fully refundable.
This Agreement shall automatically renew for additional one-year terms unless terminated in accordance with Section 10.
An email must be explicitly sent to email@example.com with a subject line of “TERMINATION” to request a termination.
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