66-32-302 - Part definitions. - Tennessee Statutes

66-32-302. Part definitions.

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

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

     (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, 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.

[Acts 1985, ch. 303, § 2; T.C.A., § 47-18-402.]