As used in this part, unless the context otherwise requires:

(1) “Advertisement” means any written, printed, verbal, or visual offer;
contract signature

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Terms Used In Tennessee Code 66-32-302

  • Blanket encumbrance: means any mortgage, deed of trust, option to purchase, vendor's lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance granted by the membership camping operator, which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this state made available to purchasers by the membership camping operator or any portion thereof and which authorizes, permits, or requires the foreclosure or other disposition of the campground affected. See Tennessee Code 66-32-302
  • Campground: means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts. See Tennessee Code 66-32-302
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Facilities: means the following amenities provided and located on property owned or operated by a membership camping operator: camping sites, rental trailers or cabins, swimming pools, sport courts, recreation buildings, and trading posts or grocery stores. See Tennessee Code 66-32-302
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Holder: includes the seller who acquires a membership camping contract or, if the contract is purchased, a financing agency or other assignee that purchases the contract. See Tennessee Code 66-32-302
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Membership camping contract: means an agreement offered or sold within this state evidencing a purchaser's title to, interest in, right or license to use, for more than thirty (30) days, the campgrounds and facilities of a membership camping operator and includes a membership which provides for this use. See Tennessee Code 66-32-302
  • Membership camping operator: means any enterprise, other than one that is tax exempt under §. See Tennessee Code 66-32-302
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offer: means any solicitation reasonably designed to result in the entering into of a membership camping contract. See Tennessee Code 66-32-302
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, corporation, partnership, company, and any other form of multiple organization for carrying on foreign or domestic business, other than a government or a subdivision of a government. See Tennessee Code 66-32-302
  • property: means all of the real property subject to a project instrument, and containing more than one (1) unit. See Tennessee Code 66-32-102
  • Purchaser: means a person who enters into a membership camping contract and obtains the right to use the camping or outdoor facilities of a membership camping operator. See Tennessee Code 66-32-302
  • sell: means entering into, or other disposition, of a membership camping contract for value, but the term "value" does not include a fee to offset the reasonable costs of transfer of a membership camping contract. See Tennessee Code 66-32-302
  • Seller: means a membership camping operator. See Tennessee Code 66-32-302
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(2) “Blanket encumbrance” means any mortgage, deed of trust, option to purchase, vendor’s lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance granted by the membership camping operator, which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this state made available to purchasers by the membership camping operator or any portion thereof and which authorizes, permits, or requires the foreclosure or other disposition of the campground affected;
(3) “Campground” means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts;
(4) “Camping site” means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for camping;
(5) “Facilities” means the following amenities provided and located on property owned or operated by a membership camping operator: camping sites, rental trailers or cabins, swimming pools, sport courts, recreation buildings, and trading posts or grocery stores;
(6) “Holder” includes the seller who acquires a membership camping contract or, if the contract is purchased, a financing agency or other assignee that purchases the contract;
(7) “Membership camping contract” means an agreement offered or sold within this state evidencing a purchaser‘s title to, interest in, right or license to use, for more than thirty (30) days, the campgrounds and facilities of a membership camping operator and includes a membership which provides for this use;
(8) “Membership camping operator” means any enterprise, other than one that is tax exempt under § 501(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 501(c)(3) ), as amended, that solicits membership camping contracts paid for by a fee or periodic payments and has as one (1) of its purposes camping or outdoor recreation including use of camping sites primarily by purchasers;
(9) “Nondisturbance agreement” means an instrument by which the holder of a blanket encumbrance agrees that:

(A) Its rights in any campground made available to purchasers by the membership camping operator shall be subordinate to the rights of purchasers from and after the recordation of the instrument;
(B) The holder and all successors and assignees, and any person who acquires the campground through foreclosure or by deed in lieu of foreclosure of such blanket encumbrance, shall take the campground subject to the rights of purchasers; and
(C) The holder or any successor acquiring the campground through the blanket encumbrance shall not use or cause the campground to be used in a manner which would materially prevent purchasers from using or occupying the campground in a manner contemplated by the purchasers’ membership camping contracts; provided, that the holder shall have no obligation or liability to assume the responsibilities or obligations of the membership camping operator under membership camping contracts;
(10) “Offer” means any solicitation reasonably designed to result in the entering into of a membership camping contract;
(11) “Person” means any individual, corporation, partnership, company, and any other form of multiple organization for carrying on foreign or domestic business, other than a government or a subdivision of a government;
(12) “Purchaser” means a person who enters into a membership camping contract and obtains the right to use the camping or outdoor facilities of a membership camping operator;
(13) “Reciprocal program” means any arrangement allowing purchasers to use camping sites, facilities, or other properties owned or operated by any person other than the membership camping operator with whom the purchaser has entered into a membership camping contract;
(14) “Sale” or “sell” means entering into, or other disposition, of a membership camping contract for value, but the term “value” does not include a fee to offset the reasonable costs of transfer of a membership camping contract; and
(15) “Seller” means a membership camping operator.
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