LICENSE AGREEMENT
This Agreement is effective on the date the Intellectual Property is downloaded by the Licensee.
Recitals
A. Licensor is in the business of providing a total support network for all recreational vehicle enthusiasts (“RVers”/ “RVing Community.”) and owns the Intellectual Property, the form of which, is set forth at escapees.com hereby incorporated by reference.
B. Licensee wishes to use the Intellectual Property, for one of the following uses: personal blogs, personal YouTube channels or similar web-based channels, and/or personal websites. The use shall be selected at the time the Licensee downloads the Intellectual Property; and, the use shall hereby be incorporated by reference into this Agreement. The use of the Intellectual Property shall not be commercial in nature.
C. Licensor is willing to grant the Licensee a license to use the Intellectual Property on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth below, the parties hereto covenant and agree as follows:
Article II: License
A. The Licensor hereby grants to the Licensee, and the Licensee hereby accepts, a nonexclusive, nontransferable license (the “License”) to use the Intellectual Property.
B. No other right or license is granted by Licensor to Licensee or by Licensee to Licensor, either express or implied, with respect to any other trademark, trade name, service mark, or other intellectual property right owned, possessed, or licensed by or to Licensor. Licensee shall not use the Intellectual Property in any manner not specifically authorized by this Agreement.
Article III: Operation under License
A. The Licensee must obtain all governmental permits, licenses, registrations, and approvals needed to produce and market the Product or provide the Service and must operate under the License in compliance with all applicable laws and regulations. Specifically, but without limitation, when using any of the Intellectual Property, the Licensee must comply with all laws relating to intellectual property in force, including marking requirements. At the request of Licensor, and without compensation to Licensee, Licensee shall promptly do such acts and execute, acknowledge, and deliver all such papers as may be necessary or desirable, in the sole discretion of Licensor, to obtain, maintain, protect, and/or vest in Licensor the entire right, title, and interest in and to any Intellectual Property; including rendering such assistance as Licensor may request in any litigation, Patent and Trademark Office proceeding, or other proceeding. All use of any Intellectual Property by Licensee on any good shall inure to the benefit and be the property of Licensor.
B. The Licensee may use the Intellectual Property only in connection with goods manufactured, distributed, and sold by or for, and/or services provided by or for, the Licensee in accordance with the specifications, directions, and processes furnished to the Licensor by the Licensee or its representatives and agents from time to time; and, the quality of all goods sold under the Intellectual Property must be satisfactory to the Licensor or as specified by the Licensor. The Licensee must furnish to the Licensor, upon request, with samples of goods sold or distributed, and/or examples of how Licensee provides services, using one or more of the Intellectual Property. In addition, in order to assure that the development, manufacture, appearance, quality, and distribution of the Product and/or Service are consonant with the Intellectual Property used to identify it or them, Licensor retains the right to participate at each stage of development of any Product or any other Material Requiring Approval and to approve or disapprove of any development, manufacture, appearance, quality, and/or distribution.
C. Whenever the Licensee uses any of the Intellectual Property, in advertising or in connection with goods that it sells or distributes, the Intellectual Property must be displayed in accordance with specifications and directions furnished by the Licensor to the Licensee, from time to time. Licensee shall use upon or in connection with the Product, and/or Service, where a United States Federal Trademark Registration has been obtained, the symbol ®. Licensee shall not otherwise affix or use such in connection with nor use any other trademark or trade name in connection with the Product without Licensor’s prior written approval. The Licensee must also clearly indicate the Licensor’s ownership of the Intellectual Property whenever one of the Intellectual Property is used. Licensee agrees to use such copyright notice as may be prescribed by legal counsel for Licensor, from time-to-time.
Article IV: Assignment and Subleasing
A. This Agreement and the License are personal to the Licensee, and the Licensee may not assign or sublicense any of the rights granted to the Licensee under this Agreement without the advance written consent of the Licensor, which consent may be withheld for any reason whatsoever. Any purported assignment or sublicense by the Licensee (or by operation of law) that is not approved in writing by the Licensor will be null and void and of no legal effect whatsoever.
B. This Agreement may be assigned by the Licensor to any person or entity whatsoever.
Article V: Licensorship and Protection of Intellectual Property
The Licensee acknowledges the Licensor’s exclusive right, title, and interest in the Intellectual Property and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of such right, title, and interest. Specifically, but without limitation, the Licensee will at no time adopt or use any word or mark that is likely to be similar to or confusing with the Intellectual Property. In connection with use of the Intellectual Property, the Licensee will not in any manner represent that it has ownership of the Intellectual Property or any registration thereof, and the Licensee acknowledges that use of the Intellectual Property will not create in the Licensee’s favor any right, title, or interest in or to the Intellectual Property, but all uses of the Intellectual Property by the Licensee, including any goodwill generated by such use, will inure to the benefit of the Licensor. The Licensor will be responsible for trademark registrations and must use commercially reasonable efforts to file, prosecute, and maintain all trademark and related registrations and registration applications for the Intellectual Property.
Article VI: Infringement
Only the Licensor shall have the right, but not the obligation, to prosecute any infringement of the Intellectual Property. The Licensee must promptly inform the Licensor of any infringement that comes to the Licensee’s attention, regardless of whether the Licensee elects to prosecute the infringement.
Article VII: Licensor’s Warranties and Representations
The Licensor is the sole Licensor of the Intellectual Property and has a good right to license the rights in the Intellectual Property to the Licensee in accordance with the terms of this Agreement.
Article VIII: Indemnity
A. Licensee represents and warrants that it has the right to enter into this Agreement and to agree to the terms and conditions of this Agreement. The Licensee agrees that it will indemnify and hold harmless the Licensor , and its directors, officers, employees, shareholders, partners, agents, and affiliates, against all controversies, disputes, claims, liability, and expenses (including legal fees) relating to this Agreement, whether sounding in contract, tort or otherwise, brought by a third party.
B. Licensee shall promptly notify the Licensor of any claim, in writing; and, Licensee shall cooperate with the Licensor in the defense of any claim.
Article IX: Term and Termination
A. The term of the License will commence on the date of this Agreement and will continue in effect for a period of one (1) year. At the expiration of the initial one-year term of the License, or any renewal thereof, the License will be renewed for a period of one year beginning on the date of the expiration of the prior term, unless either the Licensor or the Licensee gives written notice of termination to the other not later than thirty (30) days before the expiration of the prior term. If notice of termination is given, the License will terminate on the expiration of the existing term.
B. The Licensor may, at its option, terminate the License prior to the end of its term by written notice to the Licensee if Licensee violates any of the terms of this Agreement.
C. Termination or expiration of the License will not in any way operate to impair or destroy any of the Licensor’s or the Licensee’s preexisting rights or remedies, either at law or in equity.
D. Immediately following the termination or expiration of the License, all rights granted to Licensee hereunder shall automatically revert to Licensor and Licensee shall execute any and all documents evidencing such automatic reversion; and, the Licensee must cease and desist from all use of the Intellectual Property in any way and deliver to the Licensor all material and papers on which the Intellectual Property appear that are in the Licensee’s possession.
E. Licensee shall, within three (3) months after such expiration or termination, deliver to Licensor a complete and accurate statement indicating that all existing inventories of Product have been destroyed and all references to Intellectual Property have been removed from Licensee’s properties.
Article X: Relationship
A. The relationship between the Licensor and the Licensee is that of licensor and licensee, and it is not the purpose or intention of this agreement or of the parties to create a partnership, joint venture, principal-agent, or other relationship for any purpose whatsoever. Neither the Licensor nor the Licensee is authorized to or has the power to obligate or bind the other party in any manner whatsoever except as may be expressly provided in this Agreement.
Article XI: Binding Effect
A. The provisions of this Agreement will be binding on and inure to the benefit of the heirs, personal representatives, successors, and assigns (where applicable) of the parties.
Article XII: Notice
A. All notices and other communications between the parties must be in writing.
B. Notices must be given by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid to the party’s address specified in this agreement, or to the address that a party has notified to be that party’s address for the purposes of this section, (iv) or via email.
C. A Notice given in accordance with this Agreement will be effective upon receipt by the party to which it is given or, if mailed, upon the earlier of receipt and the fifth Business Day following mailing.
Licensor:
Teresa Moore, COO
Escapees, Inc.
100 Rainbow Drive
Livingston, Texas 77351
Licensee:
______
______
______, ______ ______
Article XIII: Attorney’s Fees
In the event of any controversies, disputes, and/or claims arising out of or relating to this Agreement, whether sounding in contract, tort, or otherwise, each party shall bear its own costs and expenses, including reasonable attorneys’ fees, incurred in connection with such action.
Article XIV: Confidentiality
Licensee shall maintain the confidentiality of all trade and proprietary secrets that may be disclosed in the course of providing the services under this agreement. Licensor shall identify to Licensee in advance and in writing any information or data deemed a trade or proprietary secret.
ARTICLE XV: CHOICE OF LAW
The parties agree that the laws of Texas shall govern this Agreement and all controversies, disputes and claims relating to, in connection with or arising out of this Agreement or breach of this Agreement, whether sounding in contract, tort, or otherwise, and whether settled by binding arbitration or by a court of competent jurisdiction.
Article XVI: Waiver
A party’s failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that rights or any other of its rights.
Article XVII: Headings and Construction
The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Article XVIII: Counterparts
The parties to this Agreement may sign this Agreement in any number of counterparts, each of which is an original and all of which taken together form one single document. Moreover, this Agreement shall become effective when each of the parties to this Agreement sign one or more counterparts and delivered the signed counterpart to each of the other parties to this Agreement, in accordance with ARTICLE II: NOTICE of this Agreement.
Article XIX: Severability
If any term or provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the remainder of this Agreement shall remain in full force and effect, and, that illegal, invalid, or unenforceable term or provision shall be modified to the extent necessary to render such term or provision enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties, without frustrating the purpose of the Agreement.
Article XX: Entire Agreement, Modification and Integration
A. This Agreement constitutes the entire agreement between the parties. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made expressly or impliedly) that is not set out in this agreement.
B. This Agreement may not be modified other than in a writing, dated, executed by an authorized representative of both parties, stating its intent to modify or supersede this Agreement and delivered in accordance with the Notice clause of this Agreement.
IN WITNESS WHEREOF, Licensor has caused this Agreement to be executed by offering the Intellectual Property for download on escapees.com; and, Licensee has caused this Agreement to be executed personally or, as appropriate, by its duly authorized officers by downloading the Intellectual Property.
32 Responses
Great points to consider..
I just moved here from Reno nv cause I couldn’t afford the rent on SSI and the cold weather. What can you help me with? Yes I have changed my medical insurance but I need an address. My bank is BofA
Great article! Thanks for taking the time!
how much does it cost to file the affidavit to domicile
It is typically no more than a few dollars, but can vary from state to state. A quick Google search for “affidavit to domicile fee” plus the state you’re interested in should provide you the answer.
Question: Why would Texas challenge your domicile claim and lose out on what taxes and fees you are putting into the state? I can see that your former state of residence would have incentive to still claim you as a resident for tax purposes. For example, if you stay in California more than 183 nights in a year, California may claim you as a resident and levy taxes on you. Thank you for a very comprehensive article.
We are original Texans (in our younger days before jobs caused us to relocate for different jobs E, N, & W but we’re coming back home to family scattered thru out the state.) However we’re not selling our CA home because our granddaughter plans to move to this area & needs a home. Will this be a problem. Also we had TX DL, insurance, etc in younger days + now living family in area & family burial plots so we think we have some supporting proof for declaring domicile. Any additional thoughts or gotchas we should be aware of?
Hi there!
With specific questions like yours, we recommend you reach out to legal counsel directly so all factors can be considered in the discussion. Loring & Associates (who Mrs. Adams works with) typically offer a free consultation, which sounds like it would be helpful in your case. http://www.loringlaw.com/
My husband and I have been Texas residents since 1993 so when we become full time rv’ers in September 2020 establishing our residence and mailing address with Escapees should be easy. However, I can’t find any information on whether we can be considered homesteaders in Polk County in order to get a homesteader exemption on our income taxes.
Hi Vivian!
No, your Escapees address does not qualify for a homestead exemption. You are basically renting the address from Escapees, and therefore do not own any property at that address that would qualify as a homestead.
Do you absolutely have to be physically present in TX in order to establish Domicile? Is there any way to do it remotely? I would need to register an airstream and a truck.
You can change your Vehicle Registration via the mail as long as you are outside of the state of TX. Once that is done, though, you have 90 days to visit anywhere in the state of TX to get your Inspection/Drivers License. If you are in the state of Texas at the time of registering your vehicle, you have to come directly to Polk County. DL and Inspection can be done anywhere in TX.
Do you have any knowledge of how long it is currently taking to get all of the official paperwork and related activities accomplished in Polk County to establish domicile? I had heard that the Polk County office for DLs is about 2 months behind, for example. Is there a way/place to get things done expeditiously (understanding that COVID has changed everything). Thanks?
Hi Mark!
To get an informed idea of how long delays are, you should reach out to the Polk County DMV. They resumed regular operations on June 1, so the backlog may not be what you expect anymore. https://www.txdmv.gov/tax-assessor-collectors/county-tax-offices/polk
Thank you for the clear and concise explanation. Very helpful.
I have 2 questions:
– Under Connection to Community, you ask about connections to Livingston, but then switch to the more general reference of Texas. I’ve lived in DFW for the past year and have changed the address on my DL, car registration, RV registration and registered to vote in Polk County. I have connections in DFW that I will maintain, but not in Livingston. Do I need to come to Livingston for any length of time?
– How likely is it,, or under what circumstances, that you’ll have to defend your domicile?
Thanks again.
We are Full time RVer’s with 2 houses and 5 acre vacant lot in Maryland, we are considering docile in Texas. We rent both houses and set our 5th wheel on one of the rental property that has a detached garage for us to stay in while we are home visiting family. We stay about 3 months in the summer and then move on. Since we rented out our residence we are actually don’t have an official address. We are planning to purchase a home in Texas somewhere in the next few years, after we sell all our properties in Maryland. We want to start the domicile process sooner.
How difficult of a process am I looking at? I am open to all options.
I am a native Texan and current resident in the Houston area. My wife and I are going full time and have sold the house. We are currently using our son’s apartment for our permanent address but are considering Escapees for mail handling. I assume this would require us to change our permanent address on DL, LTC, insurance, etc.. I assume the first 5 steps still apply but the rest are moot.
I too am curious about this. We’ve always been renters but thinking about living in the RV full time. Everything is already based in Texas so while I know we’d need a ‘permanent’ address immediately, I think the vehicle registrations and voter registrations could be pushed out until it’s time.
My wife and I have lived in Texas for most of our lives and for the last 30+ years. We are selling our home and becoming full-timers and plan to use the Escapees mail forwarding service. We still own a parcel of unimproved land in a Texas “resort city” and I am listed as the life estate beneficiary of my (currently unoccupied) parents’ homestead (also in Texas). Will we still need to take other steps to show our domicile as being in Livingston, other than changing the address on our DL and vehicle registrations?
Hi Scott!
To discuss more detailed information such as yours, we recommend you reach out to Susie directly at Loring & Associates. She offers free consultation calls, and could likely help you with this question and more. http://www.loringlaw.com/contact-us
Do you happen to know; My wife and I are planning to establish domicile in Texas this October. I have a Nevada Non-Commercial Class A that allows me to drive my Truck and 5th wheel. The requirements are the same for Texas and Nevada so I already know I will need the class A Commercial Class A Exempt in Texas. It is vague on the DPS website if they will accept my Nevada license in exchange for a Texas license, waiving testing requirements. DPS does not take phone calls and does not reply to my question via email. Thank you.
From what they state here: https://www.dps.texas.gov/section/driver-license/moving-texas, your license should transfer.
Have you tried directly contacting the DPS office at which you would apply for your TX license? They can be easier to reach than the state office sometimes.
If you do find that you need to retake the test, one of our members (and event directors) wrote a great article on taking the Texas drivers license test as an RVer https://escapees.com/texas-drivers-license-requirements-for-rvers/
We are “former” Texas residents and have established our Domicile address in Livingston. We have no plans to return to Texas, but from what I’ve read, so far, it looks like I may have to return for a short visit just to get our vehicles inspected and re-registered. This is a problem for us since we have a transport service move our 5th wheel back and forth between Colorado and Arizona. Is there a workaround for this? Or, are we forced to make an annual trip back to the Lone Star State?
It’s a good idea to establish some sort of connections in Texas beyond just a mailing address, in case Colorado or Arizona choose to question your residency status. There are cases where states have sought back taxes from “visitors” who actually qualify as residents. Making occasional trips to Texas for visits, to maintain connections, etc., help strengthen your claim that you reside in Texas legally.
That said, no, you don’t have to return to Texas annually for your inspection. You can renew your registration by mail, and when it comes to inspections, you are expected to update it as soon as you cross into the state next time you’re traveling through. Some say the grace period is three days, but I’ve also heard some officers will issue citations sooner (though the county will often dismiss those as long as you get it inspected ASAP and can provide proof of completion).
I have been a resident in East Texas for 16 years. My house is selling and am on the fence to go full time RV’ing or live for extended periods in Panama and returning to Texas for short durations. Would Escapees be good for both possibilities?
Our mail-forwarding service could help you in either situation. If you choose to remain in the U.S. and travel full-time, our service can serve as your mailing address and forward your mail when requested, as well as serve as your domicile address.
If you choose to live abroad, we can still receive and forward your mail, but you’ll have to look at residency laws in Panama to see if your visits there would affect your ability to claim U.S. residency. (It is likely still possible, but we are not qualified to offer personalized legal advice on domicile. Instead, we encourage you to reach out to domicle-experienced legal advisors, such as East Texas Legal.)
I was born and raised in TX until I was 30 years old. My husband and I left on military orders, but returned, then moved to Florida (on orders) and returned again. We’ve lived in Arizona for the last 8 years, but will sell our house this spring and come to TX in our motorhome to get the process started.
I’d like to set up the doctors, vets, banking, etc., in my home town of Wichita Falls–does it have to be Livingston? And if we own no other property except our coach, are we satisfying the Time Spent rule?
We plan to spend some time in Texas every year for all the annual appointments, and often winter there.
Hi there,
First, thanks for your service!
At Escapees, we aren’t licensed to give personalized advice regarding domicile. This is why we work closely with companies like East Texas Legal (https://eastexlegal.com/) who are licensed and qualified to take the details of your situation and give you reliable advice on how to proceed. If you’re a member of Escapees, East Texas Legal offers free initial consultation sessions on estate planning, domicile, and other full-time RVer issues. They should be able to answer your direct questions as well as help you figure out what’s best for your situation.
Oh! The one question I needed to ask and didn’t. I read that “you have to spend one year living in TX before it’s legally your Domicile State.”
Is there a time requirement–as in a specific number of days–to start?
Thank you.
Hands down the best article I have ever read on this subjct. Thank you for clarifying the issues so succinctly.
if we obtain Texas registration and drivers licenses, must we return periodically to renew them?
Hello Mike, you can renew them online in most cases. It is our understanding that you can get your vehicle inspected upon your return to Texas. Please consult the Texas Department of Motor Vehicles as laws and policies do change over time. https://www.txdmv.gov/motorists/register-your-vehicle#how-to Next, check to see if you qualify to renew your driver’s license online here: https://www.texas.gov/driver-services/texas-driver-license-id-renewals-replacements/online-eligibility/ Thanks for reaching out! Good luck!