Terms & Conditions
Bolivar Beach Club & RV Resort Terms & Conditions
The following Terms and Conditions are applicable to the Bolivar Beach Club & RV Resort (“BBCRV” or the “Company”) network of websites, apps, text messaging services, other online accounts, and call centers (“Services”). BBCRV uses the Services to advertise, promote, and facilitate bookings for use of its campground property, including campground RV sites (“Sites”) and activities (collectively the “Products”).
- General Terms
*By using our Services you represent that you are at least 18 years of age or older.
*Sites rates are subject to change without notice.
*All sites and reservations are subject to Federal Sales Tax, City Tax and Resort Fees. This includes promotion rates or special offers.
*Promotions and discounts apply to one Site per BBCRV account.
*Dates and sites may be limited for discount codes. Only one discount code valid at one time.
2.1 Promotions and Pricing Promotional and Referral Codes. The Company may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes“) that may be redeemed for discounts on future Products, or other features or benefits related to the Products or Services, subject to any additional terms that Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Company; (d) may be disabled or have additional conditions applied to them by Company at any time for any reason without liability to Company; (e) may only be used pursuant to the specific terms that Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered by the Service; and (g) may expire prior to your use.
- 2.2 Changes to Products and Pricing. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Products or Services. While we attempt to be as accurate as we can in our descriptions for the Products and Services, we do not warrant that Product and Service descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Products and Services for purchase through the Services at a particular time does not imply or warrant that these Products will be available at any other time. We reserve the right to change prices for Products displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Product prices to the Services and/or upon making the customer aware of the pricing error.
- 3. Use of Company App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the any app developed by the Company as part of the Services (the “App”). We do not guarantee that the App or any other Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or any other Services will be available in, or that orders for Products or services can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of reservations or stays, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages“). You acknowledge that, when you use the App or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App or the Services, including your receipt of Push Messages from Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App or the Services on your mobile device, including for your receipt of push messages from Company.
- 4. Content Ownership.
- 4.1 Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and their content, including, without limitation, the exclusive right to create derivative works.
- 4.2 Ownership of Trademarks. The Company name, trademark, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
- 4.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Company and Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
- 4.4 Restrictions On Your Use of the Services. Unless otherwise provided by applicable laws, You may not do any of the following without written permission from the Company to do so:
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
- duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
- use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;
- use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
- exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- use the Services for illegal, harassing, unethical, or disruptive purposes;
- violate any applicable law or regulation in connection with your use of the Services; or
- use the Services in any way not expressly permitted by these Terms.
- 5. Third Party Services and Materials. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials“) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
TERMS OF SERVICE
Camping has inherent risks associated with outside activities. BBCRV, its officers, owners, volunteers, affiliates and employees are not responsible for injuries or damages occurring as part of the inherent risks of any camping, entertainment, and/or beach environment. The BBCRV property is privately owned. By accepting and participating in the camping, entertainment, and/or park privileges provided by BBCRV, all campers and guests hereby release BBCRV from any and all liability for any loss, damages to property, and/or injury to his or her person or property arising out of her or her use of its camping, entertaining, beach environment, and/or water park facilities.
The camper or guest further agrees to indemnify BBCRV, against claims resulting from loss or damage to the property or injury to the person(s) or visitor(s) of any member of the family of the camper or guest, arising out of the use of its camping/entertainment park, facilities and activities, games, or events sponsored by BBCRV. The camper or guest agree to pay for any damages to campground property, Sites, building, facilities, equipment, or loss of equipment, which may occur due to the actions of myself or my party.
Campers and guests are required to immediately report any accident, injury, or property damage to the BBCRV manager or staff on duty. If a hazard or dangerous situation exists on the premise, then said camper or guest will notify the BBCRV management or staff immediately. By accepting and participating in the camping, entertainment, and/or park privileges provided by BBCRV, all campers and guests agree to take full responsibility for themselves and all the people in their party, including minors and visitors, and must ensure they read and comply with all BBCRV rules, policies, and guidelines as posted in the office, rentals or on the grounds, as well as the Terms and Conditions as set forth in this registration form. (POLICIES/GUIDELINES FOR LODGING/CABINS ARE POSTED IN EACH UNIT.)
By accepting and participating in the camping, entertainment, and/or park privileges provided by BBCRV, all campers hereby give BBCRV, along with its affiliates, subsidiaries, licensees, permission to use his or her name and photographic likeness in all forms and media for the purposes of advertising, promotions, trade and any other lawful purpose.
Any disputes arising from these Terms and Conditions and Terms of Service shall be determined in accordance with the laws of the State of Texas and federal law as applicable and venue shall be in Galveston County, Texas.
WIFI Notice: Use of BBCRV’s Internet Access Network. By using and accessing BBCRV’s Wi-Fi network, all campers and guests agree that the Wi-Fi Service may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening, indecent or obscene, or material protected by trade secret. Campers and guests agree not to use the Service, including but not limited to, the modem and power supply for any illegal, abusive, or fraudulent purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent-protected material. Unauthorized or illegal use of BBCRV’s Wi-Fi network may be referred to the appropriate law enforcement agencies.
Paradise Park at the Bolivar Beach Club & RV Resort Terms & Conditions
PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR RIGHTS UNDER THE TICKET AND CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS BY WHICH YOU GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION WITH RESPECT TO ANY DISPUTES RELATING TO THE TICKET OR THE SPECIFIED EVENT FOR WHICH IT IS ISSUED.
Assumption of risk: Holder understands and agrees that there are certain risks of injury, illness and/or death of entering the venue and/or attending the event, including, without limitation, objects flying into the spectator area during an event, special effects at an event, acts or omissions of other spectators and risks related to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”). Holder understands and agrees that these risks cannot be fully eliminated. Holder understands and agrees (a) that the risks of exposure to COVID-19 are increased by proximity to other people, (b) that an inherent and elevated risk of exposure to COVID-19 exists in any public place or place where people are gathered, (c) that entering the venue and/or attending the event may involve coming into close contact with other people, and (d) that there is no guarantee, express or implied, that Holder will not be exposed to COVID-19.
Despite these risks, Holder voluntarily assumes ALL known and potential risk and danger of injury and/or death from any cause, resulting from, in connection with, or incidental to the venue and/or event, including exposure to COVID-19. Holder agrees that the Releasees (defined below) shall not be responsible or liable for any claim, loss, damage or injury, whether occurring before, during, or after the event, regardless of whether caused by the negligence or other fault of Releasees or any third party.
Waiver: Holder hereby forever releases, waives, discharges and agrees not to sue BBCRV Partners, LLC d/b/a Bolivar Beach Club & RV Resort, BBC OPCO, LLC, any owner, manager, operator, or sponsor of the venue, any promoter, producer, or sponsors of the event, any leagues, teams, artists, advertisers or suppliers of the event, and their respective parents, subsidiaries, affiliates, owners, members, managers, directors, officers, past and present employees, volunteers, agents, representatives, successors and assigns (collectively, “Releasees”) for any known or unknown claims, losses, damages, liability, demands or actions incident to entering the venue and/or attending the event, whether such risks and dangers occur before, during, or after the event, including injury or death relating to COVID-19 or any other illness or injury that Holder may sustain while at the venue or related to attending the Event, regardless of whether caused by the negligence or other fault of Releasees or any third party (“Claims”).
Limitation of Liability: To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to you or to any third party for, and you expressly waive all rights to seek, any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to transactions made through the Bolivar Beach Club and RV Resort website, and/or materials contained on the Bolivar Beach Club and RV Resort website, or the event (even if we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable).
Search and No Expectation of Privacy: Holder consents to a search of their person and property and waives any claims against Releasees that may arise from such a search. If you elect not to consent to a search, you may be denied entry to the event without refund or other compensation. Holder agrees that the event for which you purchase or use tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.
Binding Arbitration: Should any current or future dispute, claim or cause of action related to this ticket or the Event arise between the Holder and BBCRV Partners LLC d/b/a Bolivar Beach Club & RV Resort and BBC OPCO, LLC, the Holder shall send a written notice describing the issue (a “Dispute Notice”) to 1709 Hunters Trail, Friendswood, TX 77546, Attn: General Counsel. The Holder and BBCRV Partners LLC d/b/a Bolivar Beach Club & RV Resort and BBC OPCO LLC agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following receipt of the Dispute Notice.
If the parties cannot resolve the dispute within the Negotiation Period, Holder and BBCRV Partners, LLC d/b/a Bolivar Beach Club & RV Resort and BBC OPCO LLC agree the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator in Houston, Texas, in accordance with the laws of the State of Texas, conducted by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Mediation Procedures in effect at the time the arbitration is commenced. The rules are also available online at https://www.adr.org/sites/default/files/CommercialRules_Web.pdf. You may also call the AAA at 1-800-778-7879 if there are questions about the arbitration process. Discovery in any arbitration proceeding shall be conducted according to the AAA’s Commercial Arbitration Rules and Mediation Procedures.
The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the Holder. Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision. Any judgment entered upon any award rendered may be enforced by appropriate judicial action pursuant to the laws of the state of Texas.
Class Action Waiver: THE HOLDER, AND BBCRV PARTNERS, LLC d/b/a BOLIVAR BEACH CLUB & RV RESORT AND BBC OPCO LLC AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBIRTRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF THE HOLDER DOES NOT CONSENT TO THIS CLAUSE, THE HOLDER MUST IMMEDIATELY LEAVE OR NOT ENTER THE RESORT.
All Sales Are Final: Tickets cannot be exchanged or refunded even if lost, stolen, damaged or destroyed, and fees cannot be refunded unless as otherwise provided in these terms and conditions. Lost, stolen, counterfeit or otherwise unlawfully duplicated tickets, or those offered for resale at an unlawful premium, or on an unauthorized electronic secondary marketplace may not be honored.
Rescheduled Events: Refunds for ticket purchases are not available for suspended, postponed or rescheduled events. If an Event is rescheduled, BBCRV Partners, LLC d/b/a Bolivar Beach Club & RV Resort and BBC OPCO LLC will try to offer a ticket with the same value or in the same location as the one Holder originally purchased for the rescheduled event, although that is not always possible.
Cancelled Events: If an event is cancelled and not rescheduled, BBCRV Partners, LLC d/b/a Bolivar Beach Club & RV Resort and BBC OPCO, LLC will issue a refund up to the face value of the ticket. In no event shall a refund be issued for any amount paid in excess of the face value of the ticket. Please note that if an opening act or guest artist is changed or cancelled, the event is not considered cancelled, and Holder will not be entitled to a refund or exchange.
Use of Likeness: Holder consents to be photographed, filmed, videotaped or otherwise recorded in connection with the event, promotion of the event and/or Venue. Holder grants the BBCRV Partners, LLC d/b/a Bolivar Beach Club & RV Resort and BBC OPCO, LLC permission to utilize their name, image, voice, actions, statements and likeness (collectively, “Personage”) in any form, format, media, display or other use made of, or at, the event in any medium, whether known or hereinafter created, or context for any purpose, including commercial, without further authorization from or compensation to Holder. Holder acknowledges they have no privacy expectation in connection with attendance at the Event. Holder covenants not to sue any of Releasees for use of Personage as provided herein. If you attend an event, you, as Holder grant permission to the applicable performer, its related entities, the event, venue and the performing artist, team or other event producer to use your name, image, likeness, sounds in any audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium now known or hereafter developed, without further authorization from, notice or compensation to, you or anyone acting on your behalf, including for promotional or other purposes.
Recording, Photography and Other Restrictions: All photography, filming and other recordings of the event are PROHIBITED. Individuals in possession of a recording device are subject to confiscation and/or ejection. The event is copyrighted, and Holder agrees not to transmit, distribute or sell (or aid in such activity), in any media now or hereafter existing, any description, account, picture, video, audio or other form of exploitation or reproduction of the event without Releasee’s written consent. Holder agrees not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event.
Proper Conduct: Holder agrees to conduct themselves properly at an event. The venue shall have the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct the venue deems disorderly or improper, who uses inappropriate, vulgar or abusive language, who fails to provide proper identification, or who fails to comply with any other rules adopted by the Performer or venue. Breach of these terms or rules could result in the termination of your license or right to attend the event without refund.
Severability: If any provision or part of these terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these terms and the Supplemental Terms remain valid and binding.