Park Operator Agreement

This agreement is between RBJ Engineering Services LLC, 208 E Amada St, Hebbronville, TX 78361 ("we", "us", "our") and the business that creates a park account on ClearStay ("you", "the park"). It applies from the moment you create an account, including during the free trial.

The person creating the account confirms they are authorised to bind the park. Our Terms of Service and Privacy Policy also apply to you; where this agreement conflicts with the Terms of Service on a matter specific to operating a park, this agreement governs.

We provide hosted software for running an RV park: a public booking page at your park’s own link on our site, an interactive site map, a booking engine with quotes, promo codes and deposits, a guest portal, and an owner dashboard covering reservations, arrivals, front desk, maintenance and reporting. We host it, secure it, and update it.

We may add, change or remove features. We will not materially degrade a capability your current plan is sold on without giving you 30 days’ notice.

The published plans are:

• Starter — $29.99 per month. Guests book online and pay at the park.
• Growth — $49.99 per month, plus a 2% platform fee on each guest card payment. Everything in Starter, plus online payments.

Every new park starts with a 14-day free trial. No card is required to start it. The service is subscription-only: when the trial ends, a park must hold an active subscription to create bookings, take payments, or connect a payment account. Existing data is not deleted when a trial or subscription ends.

Subscriptions are monthly and are billed in advance through Stripe. There is no minimum term and no long-term contract. Prices are in US dollars and exclude any tax we are required to charge. We may change subscription prices on 30 days’ notice, effective at your next renewal.

You can cancel at any time from the billing section of your dashboard, which opens the Stripe billing portal where you manage your payment method, see your invoices, and cancel. Cancellation takes effect at the end of your current billing period. Your park keeps full access until then, and you are not charged again.

Subscription fees are not refunded for partial billing periods, including when you cancel part-way through a period.

When a subscription lapses, your booking page stops accepting new reservations and you can no longer take payments through the platform. Reservations already booked, and the data behind them, remain in your account. You can export your reservation data as a CSV file from the dashboard at any time, including after cancelling, for as long as your account remains open.

This is the most important clause in this agreement. When a guest pays for a stay, the charge is created on your own Stripe account, not ours. You are the merchant of record for every guest transaction. We never take possession of your money.

In practice that means:

• You receive the funds. Stripe pays your balance out to your own bank account on your payout schedule. There is no manual disbursement step and we never hold your funds.
• You bear Stripe’s processing fee on each transaction, charged to your Stripe account at the rate Stripe sets for you. This is the standard arrangement in lodging — processing is a merchant cost — and it is not passed on to the guest as a separate line.
• You own chargebacks and disputes, including any dispute fee Stripe charges. You respond to them from your Stripe dashboard. We are not the responsible party and cannot decide a dispute for you.
• Your business details are associated with the charge and appear on the guest’s statement.
• Stripe issues your 1099-K directly to you. We do not issue it.
• You are responsible for collecting and remitting any lodging, occupancy or sales tax on the stay.

Marketplace-facilitator tax rules in some jurisdictions can place collection duties on a facilitating platform regardless of who is merchant of record. Nothing in this agreement is tax advice; confirm your own obligations with a tax professional.

In addition to your monthly subscription, we are paid a platform fee of 2% of each guest transaction taken through the platform. It is collected automatically as a Stripe application fee at the moment of the charge and appears on your Stripe account as an application fee, so you can see exactly what was taken on every transaction.

The fee is 2% whichever payment setup you choose. It is a fee for use of the booking service, is the same regardless of how the guest pays, and is not a card surcharge. It is deducted from your proceeds — it is not added to the guest’s total as a separate charge.

Parks on a pay-at-property plan pay no platform fee, because no transaction passes through the platform.

Worked example at today’s rates: on a $102.00 guest payment, 2% ($2.04) goes to us as the platform fee, Stripe deducts its own processing fee from your account, and the remainder is paid out to your bank.

We may change the platform fee on 30 days’ notice. A change does not apply to bookings already taken.

To take card payments you connect a Stripe account, in one of two ways. With managed setup we start a Stripe-hosted onboarding flow and Stripe collects your identity and bank information directly; we never see or store your Social Security number, date of birth, government ID or bank details. With bring-your-own setup you connect a Stripe account you already have and keep your full Stripe dashboard.

Either way you are the merchant of record and the platform fee is the same. You are bound by Stripe’s own connected account agreement, and Stripe may require information from you or restrict your account under its rules. If Stripe suspends or restricts your account, your ability to take payments through the platform stops until it is resolved, and that is between you and Stripe.

Online card payments require the Growth plan. A Starter park can take bookings online and collect payment at the property. This is checked when a charge is attempted as well as at setup, so a downgrade stops card payments.

• Keeping your listings accurate — sites, hookups, dimensions, photographs, amenities, rates, taxes and fees. Guests rely on what you publish and you are the one making those representations.
• Setting your own cancellation terms, and honouring what a guest was shown when they booked.
• Refunds you owe a guest, which come out of your own Stripe account. A cancellation issues the refund your terms provide automatically; anything it cannot send — money taken in cash or by cheque, or a refund your payment provider rejects — is recorded as outstanding and is still yours to settle.
• Collecting and remitting lodging, occupancy and sales taxes, and complying with the law that applies to operating your park.
• Managing your staff accounts, removing access promptly when someone leaves, and keeping credentials secure.
• Obtaining any consent required before sending guests text messages, and honouring opt-outs.
• Meeting your own obligations to your guests under privacy and consumer-protection law.

Two current product behaviours you should know about, because they affect money and guests. First: your park starts with a default cancellation policy, which you can review and change at any time under Settings → Pricing. If your park was created before that default existed and you have never set cancellation terms, a cancellation made before check-in is treated as fully refundable by default — set your terms to replace that. Second: cancelling a reservation sends the refund your terms provide immediately and without asking you to confirm it — the money leaves your Stripe account as soon as the cancellation is recorded, whoever cancels, including the guest from the guest portal. There is no review step. Review your cancellation terms before you take bookings, and treat a cancellation as a payment instruction.

Guest records in your account — names, contact details, vehicles, pets, stays and payment history — are yours. You decide what to collect and what to do with it. We process that information on your instructions in order to run the service for you, we do not sell it, and we do not use it to market to your guests. Where a data processing agreement is required, contact us at support@rbjengineeringservices.com and we will work with you to put one in place.

You are responsible for responding to your guests’ privacy requests. We will help you locate, export or delete records, and we will pass on any request a guest sends us.

The optional AI assistant in the dashboard sends your question, and the operational data assembled to answer it, to Anthropic’s API to be summarised. For questions about guests that can include guest names and email addresses. Use it only if that is acceptable to you and consistent with what you have told your guests.

You agree not to use the service unlawfully, to misrepresent your park or its availability, to process payments unrelated to stays at your park, to resell or sublicense the service, to attempt to reach another park’s data, or to interfere with the operation or security of the platform. We may suspend an account that does any of these, or where we are required to by law or by Stripe.

Support is available at support@rbjengineeringservices.com, answered Monday to Friday during business hours (Central Time). We aim for high availability and will give advance notice of planned maintenance where we reasonably can, but we do not commit to a service level in this agreement unless we have agreed one with you separately in writing.

This agreement runs from account creation until you or we end it. You may cancel at any time as described above. We may terminate for material breach that is not cured within 30 days of notice, immediately for unlawful use or a serious security or payment-integrity risk, or on 30 days’ notice if we withdraw the service.

Export your data before you close your account. After termination we retain your account data for seven years, during which you may ask us to return or delete it, after which it is deleted subject to backup retention of 30 days and any records we are legally required to keep.

The service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not warrant that the service will be uninterrupted or error-free.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost revenue. Our total liability for all claims arising out of or relating to this agreement is limited to the total fees you paid us for the service in the 12 months before the event giving rise to the claim. This does not limit your obligation to pay amounts due, or liability that cannot be limited by law.

You will indemnify us against claims arising from your park, your listings, your stays, your handling of guest data, your tax obligations, and your breach of this agreement. We will indemnify you against third-party claims that the service as provided by us infringes their intellectual property rights.

This agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Disputes will be resolved by the courts identified in this section, except that either party may instead bring an individual claim in small-claims court if it qualifies, and both parties submit to the exclusive jurisdiction and venue of the state courts located in Jim Hogg County, Texas, or the federal courts for the district that includes Jim Hogg County. Before starting any formal proceeding, contact us at support@rbjengineeringservices.com so we can try to resolve the matter informally.

We may update this agreement. For a material change we will give at least 30 days’ notice by email to the address on your account, or by a notice in the dashboard. If you do not accept a material change, you may cancel before it takes effect.

Neither party is the other’s agent, partner or employee. If any provision is held unenforceable the rest remains in force. Neither party may assign this agreement without the other’s consent, except to an affiliate or in connection with a merger or sale of the business. This agreement, with the Terms of Service and Privacy Policy, is the entire agreement about the service.

Questions: support@rbjengineeringservices.com, or RBJ Engineering Services LLC, 208 E Amada St, Hebbronville, TX 78361.