Oregon Statutes 94.953 – Definitions for ORS 94.953 to 94.989
As used in ORS § 94.953 to 94.989:
Terms Used In Oregon Statutes 94.953
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) ‘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 which secures or evidences the obligation to pay money or to sell or convey on any campgrounds offered for sale, 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.
(2) ‘Campground’ means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts.
(3) ‘Camping site’ means a space:
(a) Designed and promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper or other similar device used for camping; and
(b) With no permanent dwelling on it.
(4) ‘Commissioner’ means the Real Estate Commissioner.
(5) ‘Facilities’ means any of the following amenities provided and located on property owned or operated by a membership camping operator: Camping sites, rental trailers, swimming pools, sport courts, recreation buildings and trading posts or grocery stores.
(6) ‘Membership camping contract’ means an agreement offered or sold within this state granting the purchaser the right or license to use for more than 30 days the campgrounds and facilities of a membership camping operator and includes a membership which provides for such use.
(7) ‘Membership camping contract broker’ means a person who resells a membership camping contract to a new purchaser on behalf of the prior purchaser, but does not include a membership camping operator or its agents.
(8) ‘Membership camping operator’ means any person, other than an entity that is tax exempt under section 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 purpose camping or outdoor recreation, including use of camping sites primarily by purchasers. ‘Membership camping operator’ does not include:
(a) Mobile home and manufactured dwelling parks or camping or recreational vehicle parks which are open to the general public and do not solicit purchases of membership camping contracts, but rather contain only camping sites rented for per use fee; or
(b) Any person who engages in the business of arranging and selling reciprocal programs and who does not own campgrounds and facilities.
(9) ‘Offer’ means any solicitation reasonably designed to result in the entering into of a membership camping contract.
(10) ‘Purchaser’ means a person who enters into a membership camping contract and obtains the right to use campgrounds and outdoor facilities of a membership camping operator.
(11) ‘Sale’ or ‘sell’ means entering into, or other disposition of, a membership camping contract for value; however, the term ‘value’ does not include a fee to offset the reasonable costs of transfer of a membership camping contract.
(12) ‘Salesperson’ means any individual, other than a membership camping operator, who offers to sell or sells membership camping contracts by making a direct sales presentation to prospective purchasers, but does not include individuals engaged in the referral of persons without making any representations about the camping program or a direct sales presentation to prospective purchasers. ‘Salesperson’ does not include a campground manager who is authorized in writing to act on behalf of a membership camping operator in the operation of a campground and in the supervision of campground employees and salespersons and who does not offer to sell or sell membership camping contracts by making a direct sales presentation to prospective purchasers. [1985 c.639 § 1; 1991 c.377 § 6]