Terms and conditions
THESE TERMS AND CONDITIONS APPLY TO YOUR RESERVATION AND USE OF THE CAMPGROUND PROPERTY (THE “CAMPGROUND”) PROVIDED BY CAMP FOX RIDGE, LLC (“CFR,” “WE,” “US,” OR “OUR”).
YOUR USE OF THE CAMPGROUND AND ANY SERVICES OFFERED BY CAMP FOX RIDGE IS AT YOUR OWN RISK.
Payment:
Payment in full must be received at the time of making a reservation or the reservation will be automatically cancelled. ALL PAYMENTS ARE FINAL. THERE ARE NO REFUNDS OR EXCHANGES.
Cancellation Policy:
You may cancel your reservation at any time by contacting us via the “Contact” tab on the Camp Fox Ridge website. ALL PAYMENTS ARE FINAL. THERE ARE NO REFUNDS OR EXCHANGES EVEN IF YOU CANCEL YOUR RESERVATION.
Modification to Reservation:
Changes to reservations, including but not limited to change in travel dates or length of stay, are subject to availability and the rates applicable at the time the change is made and you are responsible for paying any increase in price resulting from the change. In addition, CFR reserves the right to cancel or modify a reservation (including after the reservation has been confirmed) if the reservation includes or resulted from a mistake or error of any kind, including but not limited to, a mistake or error in the rate or type, or where it appears that a customer has engaged in fraudulent or misleading activity in making the reservation.
Non-Transferable:
Reservations are not transferable and reservation name changes are not permitted.
Available Dates:
Camp Fox Ridge is open ONLY for camper drop-off and set-ups the week before Ashley for the Arts starts, beginning on August 4, 2023. You are not allowed to stay on-site until August 10, 2023. ALL CAMPERS MUST FULLY VACATE THE CAMPGROUND BY AUGUST 15, 2023.
COVID-19 and Infectious Diseases:
An inherent risk of exposure to the COVID-19 virus and other communicable or infectious disease exists in any public place where people are present. BY ENTERING THE CAMPGROUND, YOU AND YOUR GUESTS VOLUNTARILY ASSUME ALL RISKS IN ANY WAY RELATED TO EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE.
Quiet Hours & Courtesy:
Campground quiet hours are from 1:00 AM to 6:00 AM. While some people like to stay up late, others like to get up early. Be courteous to your neighbors and observe the quiet times. Keep in mind that others are sharing the campground as well and see that your fun does not get in the way of others' fun. INCONSIDERATE GUESTS AND ANY GUEST USING PROFANITY OR VIOLENCE OR THE THREAT OF VIOLENCE TOWARDS OTHER GUESTS OR STAFF MAY BE IMMEDIATELY EVICTED FROM THE CAMPGROUND.
Pets:
Service animals are allowed and must be leashed at all times. There may be loud noises and many people at the Campground, and we encourage you to consider a pet-sitter rather than bringing your pets to the site. Camp Fox Ridge is not responsible for any animals left unattended or unleashed. Good behavior is required. Dogs of any breed that are hostile or aggressive will be asked to leave the Campground, along with their owners. Dogs must be kept on leashes no longer than 6 feet when outside their owners' vehicles or sleeping units. Do not leave a tethered dog unattended. Constant barking bothers other campers. If your pet is too vocal, you'll need to find other accommodations. Owners must “clean up” after their pets. OWNERS OF PETS ARE 100% RESPONSIBLE AND LIABLE FOR THEIR PETS.
Trash:
Garbage pick-up is not provided but on-site dumpsters will be provided. All trash must be disposed of in the dumpsters or removed from the Campground when you leave. The dumpsters are provided for normal household trash. You are prohibited from disposing of any hazardous or toxic materials in the dumpster or anywhere else within the Campground. YOU SHOULD LEAVE YOUR CAMPSITE AS CLEAN AS YOU FOUND IT.
Restrooms & Showers:
Portable restrooms and showers will be provided. You may only use these facilities for their intended purpose and agree to use water in moderation. You are prohibited from using any other area of the Campground for restroom or showering purposes. NUDITY IS NOT ALLOWED.
Generators:
Generators are permitted provided they are operated in a clean, safe, and leak-free manner in accordance with applicable laws and regulations and the manufacturer’s instructions. Generators cannot be operated in a manner that violates Campground quiet hours.
Vehicles:
Multiple-vehicle parking is available for purchase on the “Reserving” tab on the Camp Fox Ridge website. Tailgating is not allowed in the General Parking lot. All unauthorized drones, ATVs, golf carts, mopeds, dirt bikes, go-carts, or any other off-road or non-licensed vehicles are prohibited and will be confiscated and available for pick up as you leave the Campground at the end of your stay. Speed limit on property is 5-10 mph.
Campfires and Grilling:
Campfires are permitted provided they are CONTROLLED fires contained by a fire ring and monitored at all times. All fires must be extinguished by 1 AM. You are not permitted to dig a fire pit. All campfires and grills must be contained and attended at all times. Campfires, grills, and any other open flame must be at least 10 feet away from any sleeping unit or vehicle. You are prohibited from dumping charcoal on the ground or in fire rings, pouring cooking oil or grease down drains or disposing of it anywhere else within the Campground. Burning of trash is also prohibited.
Other Prohibitions:
NEITHER YOU NOR ANY OF YOUR GUESTS MAY USE THE CAMPGROUND FOR ANY IMPROPER PURPOSES, WHICH INCLUDES, WITHOUT LIMITATION, THE FOLLOWING:• Vandalism of any kind is PROHIBITED• The use of any paint products or chemicals is PROHIBITED• Drones or other remote-controlled machines on the property is PROHIBITED.• The use of Firearms of any kind is PROHIBITED.• The use of archery, paintball, slingshots, or air guns is PROHIBITED.• Fireworks of any kind are PROHIBITED.• Use of illegal drugs is PROHIBITED.• Obnoxious or abusive behavior of ANY kind is PROHIBITED.
Changes to Terms and Conditions:
We may revise and update these Terms and Conditions at any time in our sole discretion and without notice. All changes are effective immediately when we post them to the Camp Fox Ridge website and apply to all access to and use of the Campground thereafter. However, any changes to the Dispute Resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice of prior to the date the change is posted on the website. Your continued use of the Campground following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check the website frequently so you are aware of any changes, as they are binding on you.
Third-Party Beneficiaries:
You agree that any individual who uses a reservation made by you, or who accompanies you to the Campground, is intended to be a third-party beneficiary of the reservation made by me.
Indemnity:
You agree, on your behalf and on behalf of your heirs, executors, personal representatives, administrators, and assigns, to indemnify, defend, and hold harmless Camp Fox Ridge, LLC and Avalon Hills LLC, and each of their officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries, and affiliates (“Released Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Campground, your violation of any third-party right or law, or your violation or alleged violation of these Terms and Conditions, including any and all claims made or incurred by anyone, including you and any individual who uses a reservation made by you, or who accompanies you to the Campground, whether suffered before, during, or after your visit to the Campground. You must not settle any such claim or matter without the prior written consent of CFR. The Released Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims. Your indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. You understand and agree that you are not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for your benefit relative to your visit to the Campground and that you are solely responsible for obtaining any mandatory or desired life, travel, accident, vehicle, property, or other insurance related to your visit to the Campground, at your own expense.
Waivers and Limitations: REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ALL CLAIMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR BE FOREVER BARRED. UNDER NO CIRCUMSTANCES SHALL CAMP FOX RIDGE, LLC OR AVALON HILLS, LLC OR ANY OTHER OF THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE CAMPGROUND, OR FROM ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU AT THE CAMPGROUND, OR AS A RESULT OF ACTS OF GOD, ACTS OF GOVERNMENTAL AGENCIES OR OTHER AUTHORITIES, PANDEMIC OR OTHER HEALTH AND SAFETY CIRCUMSTANCE (INCLUDING COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE), WARS, CIVIL DISTURBANCES, HIJACKS, THEFTS, OR ANY CIRCUMSTANCE BEYOND THE CONTROL OF THE RELEASED PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US.THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE CAMPGROUND OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU AT THE CAMPGROUND, OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CAMPGROUND AND/OR SUCH SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE CAMPGROUND, THAT YOUR USE OF THE CAMPGROUND IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Dispute Resolution Process:
This Dispute Resolution Process governs any and all claims relating in any way to the use of our Campground (each a “Claim” and collectively, the “Claims”). YOU AGREE TO RESOLVE CLAIMS THROUGH ARBITRATION.• Scope of Arbitration: ANY AND ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION, rather than in court, except that, as specified below, if a Claim is within the jurisdiction of a small claims court either you or us may choose to take the Claim to that court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law apply to and govern this Dispute Resolution Process relating to arbitration. • Informal Resolution: You and we agree that good faith informal efforts to resolve claims often can result in a prompt, low-cost and mutually beneficial outcome. Before initiating any arbitration, you must first send an individualized Notice of Dispute to CFR, Attn: Customer Dispute, _____________________. The Notice of Dispute must contain all of the following information: your name, your address, your phone number, your email address, the date you allege your dispute occurred, a detailed description of what you believe CFR did wrong and any supporting documentation, a detailed description of the relief you are seeking from CFR, and the name and contact of your attorney (if any). We will provide the same information if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. A properly completed and served individualized Notice of Dispute shall toll the Limitations Period for sixty (60) days, during which the parties shall make a good faith effort to try to resolve the dispute, including conducting a telephonic or video conference to discuss the matter if either party so requests.• Arbitration Forum and Fees: Upon the conclusion of the tolling period under the Informal Resolution procedure, a party may initiate an arbitration proceeding. To begin an arbitration proceeding, you must send a letter requesting arbitration, describing your Claim, to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds that you cannot afford to pay your portion of any filing, administrative, hearing, or other arbitral forum fees and you cannot obtain a waiver of fees from the arbitral forum, we will pay them for you. Except as provided pursuant to any applicable offer of judgment law, neither party will recover attorneys’ fees and costs in arbitration unless the arbitrator determines the Claim was submitted for purposes of harassment or is frivolous. You may choose to have the arbitration conducted by telephone, by video conference, or in person in the county where you live or at another mutually agreed location.
Waiver of Jury Trial:
YOU AND WE BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY CLAIM. THERE IS NO JUDGE OR JURY IN ARBITRATION. EVEN IF A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION FOR ANY REASON, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Waiver of Class or Consolidated Actions:
YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, INCLUDING ANY ARBITRATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY-GENERAL, OR REPRESENTATIVE BASIS. CLASS-ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, REQUESTS FOR PUBLIC INJUNCTION, OR ANY OTHER REPRESENTATIVE PROCEEDING OR ACTION ARE NOT ALLOWED. A court will have exclusive authority to determine the validity or scope of this clause and, if necessary, to enjoin arbitrations in violation hereof.
Arbitrator’s Powers and Duties:
The arbitrator will apply applicable law and the provisions of this Dispute Resolution Process, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. EXCEPT AS OTHERWISE SPECIFIED IN THIS DISPUTE RESOLUTION PROCESS AND AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AS A COURT OF LAW. However, the arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitration award shall be binding only among the parties thereto and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator’s decision is final and binding on you and us. You understand and acknowledge that court review of an arbitration award is limited.
Small Claims Court:
If a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration as follows: (a) a party may file the party’s Claims in small claims court without first filing in arbitration; (b) after a case is filed in arbitration, but before an arbitrator is formally appointed to the case by the arbitral forum, a party can send a written notice to the opposing party and the arbitral forum that the party wants the case decided by a small claims court. After receiving this notice, the arbitral forum will administratively close the case; or (c) after the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the arbitral forum, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court.
Severability:
If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, however, that if (a) the provision above prohibiting class-wide, collective, consolidated, private attorney-general, or other group arbitration is deemed invalid as to any Claim by you, then this entire arbitration agreement shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in federal or state court of competent jurisdiction or, as applicable, a small claims court; or (b) if the bar on requests for a public injunction is deemed unenforceable for any reason, then the public injunctive relief Claim will be decided by a court and the parties will ask the court to stay that Claim until the other Claims have been finally concluded in an individual arbitration.
YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
Governing Law:
All matters relating to the use of our Campground, and any dispute or Claim arising therefrom or related thereto or arising out of these Terms and Conditions, shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any conflict of laws principles.
Miscellaneous:If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms and Conditions enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
You agree that these Terms and Conditions constitute the entire, complete, and exclusive agreement between you and us regarding the Campground and the services offered at it and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions.
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our remedies or right to act with respect to that breach or subsequent similar or other breaches.