                                 CODE OF VIRGINIA

MEMBERSHIP CAMPING OPERATOR&#8217;S DISCLOSURE STATEMENT (§ 59.1-326)

A. Every membership camping operator, salesperson, or other person who is in the
business of offering for sale or transfer the rights under existing membership
camping contracts for a fee shall deliver to his purchaser a current membership
camping operator&#8217;s disclosure statement before execution by the purchaser
of the membership camping contract and no later than the date shown on such
contract.

B. The membership camping operator&#8217;s disclosure statement shall consist of
the following items in the order as presented:

   1. A cover page stating:
   				a. The words &#8220;Membership Camping Operator&#8217;s Disclosure
   Statement&#8221; printed in boldfaced type of a minimum size of 10 points;
   				b. The name and principal business address of the membership camping
   operator;
   				c. A statement that the membership camping operator is in the business of
   offering for sale membership camping contracts;
   				d. The following statement printed in boldfaced type of a minimum size of
   10 points:
   				THIS DISCLOSURE STATEMENT CONTAINS IMPORTANT MATTERS TO BE CONSIDERED IN
   THE EXECUTION OF A MEMBERSHIP CAMPING CONTRACT. THE MEMBERSHIP CAMPING
   OPERATOR IS REQUIRED BY LAW TO DELIVER TO YOU A COPY OF THIS DISCLOSURE
   STATEMENT BEFORE YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT. THE STATEMENTS
   CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE. YOU AS A PROSPECTIVE PURCHASER
   SHOULD REVIEW ALL REFERENCES, EXHIBITS, CONTRACT DOCUMENTS, AND SALES
   MATERIALS. YOU SHOULD NOT RELY UPON ANY ORAL REPRESENTATIONS AS BEING CORRECT.
   REFER TO THIS DOCUMENT AND TO THE ACCOMPANYING EXHIBITS FOR CORRECT
   REPRESENTATIONS. THE MEMBERSHIP CAMPING OPERATOR IS PROHIBITED FROM MAKING ANY
   REPRESENTATIONS WHICH CONFLICT WITH THOSE CONTAINED IN THE CONTRACT AND THIS
   DISCLOSURE STATEMENT.
   				e. The following statement printed in boldfaced type of a minimum size of
   10 points:
   				SHOULD YOU EXECUTE A MEMBERSHIP CAMPING CONTRACT, YOU HAVE THE UNQUALIFIED
   RIGHT TO CANCEL SUCH CONTRACT. THIS RIGHT OF CANCELLATION CANNOT BE WAIVED.
   THE RIGHT TO CANCEL EXPIRES AT MIDNIGHT ON THE 7TH CALENDAR DAY FOLLOWING THE
   DATE ON WHICH THE CONTRACT WAS EXECUTED. TO CANCEL THE MEMBERSHIP CAMPING
   CONTRACT, YOU AS THE PURCHASER MUST MAIL NOTICE OF YOUR INTENT TO CANCEL BY
   CERTIFIED UNITED STATES MAIL TO THE MEMBERSHIP CAMPING OPERATOR AT THE ADDRESS
   SHOWN IN THE MEMBERSHIP CAMPING CONTRACT, POSTAGE PREPAID. THE CAMPING
   OPERATOR IS REQUIRED BY LAW TO RETURN ALL MONEYS PAID BY YOU IN CONNECTION
   WITH THE EXECUTION OF THE MEMBERSHIP CAMPING CONTRACT, UPON YOUR PROPER AND
   TIMELY CANCELLATION OF THE CONTRACT. IN ADDITION, AFTER THE INITIAL
   7-CALENDAR-DAY CANCELLATION PERIOD, YOU THE PURCHASER OR YOUR SUCCESSOR IN
   INTEREST MAY TERMINATE YOUR LIABILITY UNDER THE MEMBERSHIP CAMPING CONTRACT
   INCLUDING PAYMENT OF ANY MEMBERSHIP FEES, DUES, AND ASSESSMENTS UPON YOUR
   GIVING PROPER AND EFFECTIVE NOTICE TO THE MEMBERSHIP CAMPING OPERATOR. TO BE
   EFFECTIVE, THE NOTICE MUST BE IN WRITING AND SENT BY CERTIFIED MAIL, RETURN
   RECEIPT REQUESTED AND IT MUST CONTAIN: (1) YOUR TRANSFER OF ANY AND ALL
   RIGHTS, TITLE, AND INTEREST YOU HAVE IN THE MEMBERSHIP CAMPING CONTRACT AND
   CAMPGROUND BACK TO THE MEMBERSHIP CAMPING OPERATOR; (2) A RECORDABLE DEED,
   DULY EXECUTED AND NOTARIZED, AND THE RECORDING FEE, IF YOU RECEIVED A RECORDED
   DEED FROM THE MEMBERSHIP CAMPING OPERATOR; (3) PAYMENTS OF (i) THE UNPAID
   BALANCE OF THE PURCHASE PRICE AND ANY ACCRUED UNPAID INTEREST THEREON AND (ii)
   ALL UNPAID MEMBERSHIP FEES, DUES, AND ASSESSMENTS WITH ACCRUED INTEREST
   THEREON PERMITTED BY THE MEMBERSHIP CAMPING CONTRACT; AND (4) PAYMENT OF ALL
   OTHER UNPAID FINANCIAL OBLIGATIONS OWED BY YOU THE PURCHASER PURSUANT TO THE
   MEMBERSHIP CAMPING CONTRACT.
   				f. The following statement:
   				&#8220;Registration of the membership camping operator with the
   Commissioner of the Virginia Department of Agriculture and Consumer Services
   does not constitute an approval or endorsement by the Commissioner of the
   membership camping operator, his membership camping contract, or his
   campground.&#8221;

   2. The name of the membership camping operator and the address of his
   principal place of business and the following information:
   				a. The name, principal occupation, and address of every director, partner,
   or trustee of the membership camping operator;
   				b. The name and address of each person owning or controlling an interest
   of 10 percent or more in the membership camping operator;
   				c. The particulars of any indictment, conviction, judgment, decree, or
   order of any court or administrative agency against the membership camping
   operator or its managing entity arising out of the violation or alleged
   violation of any federal, state, local, or foreign law or regulation in
   connection with activities relating to the sale of campground memberships,
   land sales, land investments, security sales, construction, or sale of homes
   or improvements or any similar or related activity; and
   				d. A statement of any unsatisfied judgments against the membership camping
   operator or its managing entity, the status of any pending suits involving the
   sale of membership camping contracts or the management of campgrounds to which
   the membership camping operator or its managing entity is a party and the
   status of any pending suits, administrative proceedings, or indictments of
   significance to the campground;

   3. A brief description of the nature of the purchaser&#8217;s right or license
   to use the campground and the facilities that are to be available for use by
   purchasers;

   4. A brief description of the membership camping operator&#8217;s experience
   in the membership camping business, including the length of time the operator
   has been in the membership camping business;

   5. The location of each of the campgrounds that is to be available for use by
   purchasers and a brief description of the facilities at each campground that
   are currently available for use by purchasers. Facilities that are planned,
   incomplete, or not yet available for use shall be clearly identified as
   incomplete or unavailable. A brief description of any facilities that are or
   will be available to nonpurchasers shall also be provided;

   6. As to all memberships offered by the membership camping operator at each
   campground:
   				a. The form of membership offered;
   				b. The types and duration of memberships along with a summary of the major
   privileges, restrictions, and limitations applicable to each type; and
   				c. Provisions, if any, that have been made for public utilities at each
   campsite including water, electricity, telephone, and sewerage facilities;

   7. A statement regarding any initial or special fee due from the purchaser
   together with a description of the purpose and method of calculating the fee;

   8. A description of any liens, defects, or encumbrances affecting the
   campground;

   9. A general description of any financing offered or available through the
   membership camping operator;

   10. A statement that the purchaser has until midnight of the seventh calendar
   day following the signing of the membership campground contract to cancel the
   contract by proper notice to the membership camping operator;

   11. A description of the insurance coverage that the membership camping
   operator provides for the benefit of purchasers, if any;

   12. A statement regarding any fees or charges that purchasers are or may be
   required to pay for the use of the campground or any facilities;

   13. The extent to which financial arrangements, if any, have been provided for
   the completion of facilities together with a statement of the membership
   camping operator&#8217;s obligation to complete planned facilities. The
   statement shall include a description of any restrictions or limitations on
   the membership camping operator&#8217;s obligation to begin or to complete
   such facilities;

   14. The name of the managing entity, if there is one, and the significant
   terms of any management contract, including but not limited to the
   circumstances under which the membership camping operator may terminate the
   management contract;

   15. A statement regarding any services that the membership camping operator
   currently provides or expenses he pays that are expected to become the
   responsibility of the purchasers, including the projected liability that each
   such service or expense may impose on each purchaser;

   16. A brief description of the ownership in or other right to use the
   campground that is to be transferred to each purchaser, together with the
   duration of any lease, license, franchise, or reciprocal agreement entitling
   the membership camping operator or purchasers from him to use the campground,
   and any provisions in any such agreements that restrict or limit a
   purchaser&#8217;s use of the campground;

   17. a. A copy, whether by way of supplement or otherwise, of the rules,
   restrictions, or covenants regulating the purchaser&#8217;s use of the
   campground in Virginia and its facilities that are to be available for use by
   the purchasers, including a statement of whether and how the rules,
   restrictions, or covenants may be changed;
   				b. A summary, whether by way of supplement or otherwise, of the rules,
   restrictions, or covenants regulating the purchaser&#8217;s use of any other
   campgrounds, facilities, or any other amenities resulting from the purchase
   of, or used as an inducement to influence the purchase of, the membership
   camping contract;

   18. A description of any restraints on the transfer of the membership camping
   contract;

   19. A brief description of the policies covering the availability of camping
   sites, the availability of reservations and the conditions under which they
   are made;

   20. A brief description of any grounds for forfeiture of a purchaser&#8217;s
   membership camping contract;

   21. A statement of whether the membership camping operator has the right to
   withdraw permanently from use all or any portion of any campground devoted to
   membership camping and, if so, the conditions under which such withdrawal is
   to be permitted;

   22. A statement describing the material terms and conditions of any reciprocal
   program to be available to the purchaser, including a statement concerning
   whether the purchaser&#8217;s participation in any reciprocal program is
   dependent upon the continued affiliation of the membership camping operator
   with that reciprocal program and whether the membership camping operator
   reserves the right to terminate such affiliation;

   23. The following statement printed in boldfaced type of a minimum size of 10
   points:
   				&#8220;The purchase of this membership camping contract should not be
   based on any representations that it is an investment or that it can be
   resold. The resale of a membership may be difficult&#8221;; and

   24. A statement that contains in boldfaced type the name, address, and
   telephone number of the Virginia Department of Agriculture and Consumer
   Services and that states that that agency is the regulatory agency that
   handles consumer complaints regarding membership campgrounds.

C. The membership camping operator shall promptly amend his membership camping
operator&#8217;s disclosure statement to reflect any material change in the
campground or its facilities. He shall also promptly file any such amendments
with the Commissioner.

HISTORY: 1985, c. 409; 1992, c. 545; 2013, c. 24.