1. An annual Licence of Occupation must be signed and returned to the office. Licence of Occupations not received in due time, can result in denied Park entry and possible termination of site privileges, leading to Trespass to Property Act and Repair and Storage Liens Act o Ontario. Windmill Point Park & Campground reserves the right to accept, reject or fine any OCCUPANT at any time if not in compliance with Park rules and regulations. Administration fees may apply for changes made after May 31st.
2. This licence is personal to the named OCCUPANT(S) and those eligible family members listed on the current Licence of Occupation and is not assignable. The OCCUPANT(S) warrants that they are the legal owner of the unit located on the Site.
3. The OCCUPANT(S) is licensed for the occupation of the specified Site only. The OCCUPANT(S) is also licensed to use those areas and facilities of the Campground designated as common areas, which will be shared with other Guests.
4. The OCCUPANT(S) use of the Site shall be for recreational and vacation purposes only. The OCCUPANT(S) agrees and understands that the Site does not have government approval to be used as a permanent year-round residence. OCCUPANT(S) may not use Windmill Point Park & Campground’s address for personal mail at any time. Please use your home address.
5. Unless renewed or otherwise extended by the OWNER, this Licence shall commence on the Open Date and end on the Close Date (the “Term”) as set out on Licence of Occupation and the OCCUPANT(S) must surrender the Site in a clean and vacant condition at the end of the Term.
6. The OCCUPANT(S) shall not be permitted to hold the Site for winter storage of their RV or other effects after the end of the Term of the Licence of Occupation, unless the OCCUPANT(S) has entered into Site Renewal Agreement and Winter Storage Agreement with the understanding that a new Licence of Occupation agreement for the commencing year will be completed prior to the next camping season and any winter storage fees have been paid in full. The Campground is closed with no overnight access at the end of the Term. During this time, all services will be shut off and road access gates locked. Limited access, but not occupancy, may be provided during business hours at the discretion of the OWNER.
7. The OCCUPANT(S) acknowledges and agrees that the OWNER has the right to require the OCCUPANT(S) to move their RV to another part of the Site, or to another Site altogether at no expense to the OWNER. The OWNER may require such a move in the event of an emergency, to allow for infrastructure repair or replacement, for safety reasons, or for any other reason the OWNER in its sole discretion, deems necessary.
8. It is understood and agreed that other visiting family members, guests, friends, or any other people who visit the OCCUPANT(S)’s site (collectively referred to as “Guests”) will be charged admission to the campground as determined by the OWNER. The OWNER reserves the right to deny Guests access to the Campground property at any time or for any reason.
FEES
9. Seasonal camping rates are based on a family unit of 2 adults and dependent children, 17 years and under, 2 registered motor vehicles, basic water, and weekly scheduled pump-outs.
10. The OCCUPANT(S) agrees to pay the Site fees and other charges as shown on Schedule of Fees, attached hereto for use and occupancy of the Site. This includes agreeing to pay any taxes, assessments, levies or licences imposed by municipal or other authorities.
11. The OCCUPANT(S) shall pay their pro-rata share (as determined by the OWNER in its sole discretion) of any taxes, assessments, levies, or other fees that may be imposed by any government or agency having jurisdiction over the Campground and Site. Any assessment that may be levied shall be due immediately when communicated to the OCCUPANT(S).
12. All Site fees and other charges pursuant to this Agreement are due and payable by the OCCUPANT(S) to the OWNER when invoiced. If fees are not paid in full by May 1st, or other written arrangements made with the OWNER, a late fee of $150 will apply and 2.5% interest per month will be added to overdue accounts. The OCCUPANT(S)’s RV may not be removed from the campground by the OCCUPANT(S) unless and until all outstanding Site fees and all other charges pursuant to this Agreement are paid in full.
13. Deposits are non-refundable and are held against the final balance owing in any year. Site fees and other charges are also non-refundable. In the event of a breach of any term of this Licence, the deposit, Site fees and other charges will be forfeited as liquidated damages and not as a penalty.
14. There shall be no adjustment in fees because of temporary interruptions in any services provided pursuant to this Licence.
15. The OWNER reserves the right to deny access to the Campground property or registered site, if the deposit/site fees/ and any other invoiced fees are not paid in full by due dates.
DEFAULT AND TERMINATION
16. Failure of the OCCUPANT(S) to remit any payments required under the terms of this Licence or any breach of any of the terms and conditions or Rules and Regulations (as defined in Schedule “A”) by the OCCUPANT(S) or their Guests, shall be deemed to be a breach of this Licence and this Licence may be immediately terminated at the option of the OWNER.
17. In the event of a termination of this Licence, the OCCUPANT(S) hereby authorizes and directs the OWNER to act as the OCCUPANT(S) agent for the securing and removal of any of the OCCUPANT(S) property from the Site and the Campground and the OWNER shall not be liable for any damages thereby occasioned.
18. In the event of any default of the terms of this Licence the OWNER shall have the following rights:
a) On seven (7) days prior written notice delivered, or deemed received under the terms of this Licence, to re-enter the Site and repossess the Site, terminating this Licence;
b) To sue for any overdue payments or damages arising out of a breach of the Licence together with any interest, costs of any solicitor or agent, or any other costs which may be incurred in repossessing the Site and collecting overdue payments or damages; and
c) To seize any goods or property, including the RV unit itself, on the Site under the provisions of the Repair and Storage Liens Act of Ontario (the “Act”) and to store and sell these goods or property to recover amounts owing to the OWNER, who shall be deemed to be a lien claimant under the Act.
19. Goods or property claimed by the OWNER under the Act may be removed and stored by the OWNER in whatever location the OWNER deems appropriate and the OWNER will not be responsible for any damage or loss to such goods. The OCCUPANT(S) will be responsible for any storage and moving costs incurred together with any outstanding fees or charges due under the Licence and the OWNER may recover money owing in accordance with the provisions of the Act.
CODE OF CONDUCT
20. Code of Conduct is attached to this Licence as Schedule “B”. The OCCUPANT(S) hereby acknowledges receipt and understanding of the Code of Conduct and agrees to abide by the terms and conditions established by the Code.
21. The OCCUPANT(S) hereby acknowledges and agrees to inform all of their Guests of the Code of Conduct. The OCCUPANT(S) is responsible for the observance of the Code of Conduct by their Guests.
22. The OWNER reserves the right to make additions or deletions to these guidelines from time to time as it considers necessary for the general safety or proper and efficient management of the property. In the event of behaviour likely to cause offence or damage to any other user of the property or the facilities, the OWNER reserves the right to remove any offenders and/or the OCCUPANT(S) from the property without warning. In certain cases, the OWNER also reserves the right to terminate the Licence of Occupation.
23. The OCCUPANT(S) and their Guests hereby agree to abide by all municipal, provincial or federal laws and regulations, and any failure to do so may be deemed to be a breach of this Licence.
24. Notice is hereby given that entry to the Campground is permitted only for activities conducted in accordance with this Licence and the Code of Conduct as they exist from time to time. All other activities are prohibited in accordance with the provisions of the Trespass to Property Act as amended from time to time. Anyone violating this notice or failing to leave the Campground when directed to do so shall be in violation of the Trespass to Property Act and may be prosecuted in accordance with its provisions.
SALE OF PERSONAL PROPERTY
25. Any articles, including RVs, to be sold or gifted on the property are subject to Windmill Point Park & Campground Exclusive Marketing Agreement. Please submit the completed form to Windmill Point Park & Campground for review and approval. Not all articles will not be considered for sale. Sale of any article on Park property, without prior approval, will result in penalty fees and immediate eviction without refund.
26. OCCUPANT(S), with articles for sale on site that have not submitted their required seasonal deposits or have outstanding accounts will be subject to storage fees or removal of articles off site at the OCCUPANT(S)’S expense. All articles must be off the grounds no later than April 15th. Articles subject to this agreement will be considered for resale or for donation. Failure to contact Windmill Point Park & Campground within reasonable time or after 15 days of outstanding account, will be subject to Repair and Storage Liens Act of Ontario.
27. The OCCUPANT(S) may request to transfer their unit directly to a family member without selling through Windmill Point Park & Campground and without a commission fee. If approved by the OWNER, the new OCCUPANT(S) will sign a new Licence of Occupation. There will be an Administrative Fee of $2,000 (plus HST) in this instance. Eligible family members include spouses, children and grandchildren, parents and grandparents, and siblings. In all other ways this transfer is to follow the same rules as a sale.
28. The OCCUPANT(S) acknowledges and agrees that all RV units that are age 10 years or older, or which are not, in the opinion of the OWNER, of acceptable appearance or condition will not be allowed to be sold on the Site. Such an RV unit must be moved off the campground prior to being listed for sale. The OWNER reserves the right to designate an RV as “Last Sale”. Once sold under Last Sale designation the RV cannot be resold and remain on the Site.
29. RV units that are age 10 years or older, or which are not, in the opinion of the OWNER, of acceptable appearance are not permitted to be brought into the campground.
INSURANCE AND LIABILITY
30. During the Term of this Licence the OCCUPANT(S) shall place and maintain the following insurance:
a) Comprehensive general liability insurance coverage against claims for bodily injuries (including death), personal injury and property damage on or about the Site and the Campground in an amount not less than $2 million per occurrence; and
b) “All perils” insurance on the RV and all improvements constructed or to be constructed on the Site and owned by the OCCUPANT(S) in the amount of the full replacement value.
31. The OCCUPANT(S) shall, in a form satisfactory to the OWNER, demonstrate that the required insurance coverage is in place under this Agreement.
32. By signing this Licence, the OCCUPANT(S) hereby represents and warrants that they have the responsibility or authority to sign on behalf of their Guests.
33. The OCCUPANT(S) shall exercise reasonable care in the maintenance of the Site to ensure that all their Guests entering the Site and property brought on the Site are safe, and shall save the OWNER harmless from any claims as a result of the OCCUPANT(S)’s failure to do so.
34. It is agreed and understood that the OWNER shall not be liable for any damages to the OCCUPANT(S) RV or equipment nor shall the OWNER be liable to reimburse the OCCUPANT(S) for any Site fees as a result of damage or losses caused by sewer/septic back-ups, flooding, fallen trees, rodents/birds, snow, ice or electrical faults, brownouts or outages. It is recommended that the OCCUPANT(S) install surge protectors, backflow preventers and water regulators on their RVs to protect from such potential damage.
35. It is important that the OCCUPANT(S) read and understand the Licence Of Occupation Addendum: COVID-19 Code of Conduct attached. The indemnity provisions of this Licence, and the OWNER’s rights in respect to any failure by the OCCUPANT(S) to perform any of its obligations under this Licence shall remain in full force and effect notwithstanding the expiration or earlier termination of this Licence.
PRIVACY AND COMMUNICATION OF INFORMATION
36. We respect your privacy. Your personal information will remain private exception of your authorized permission otherwise or when we must divulge it or legal reasons. Please read our complete Privacy Policy.
37. The OCCUPANT(S) agrees that the OWNER can collect, use and disclose the OCCUPANT(S)’s personal information when reasonably necessary to fulfill the purposes of this Licence and to communicate with the OCCUPANT(S). For example, the OWNER will use the OCCUPANT(S)’s personal information to:
a) communicate with the OCCUPANT(S) in respect of this Licence;
b) collect any debt owed by the OCCUPANT(S) to the OWNER in connection with this Licence such as recording the debt with a credit agency or credit bureau, obtaining a credit report, terminating this Licence, or transferring personal information about the debt to a database of OCCUPANT(S) information that will be made available to the OWNER, its agents or to prospective purchasers and/or lenders;
c) to communicate with the OCCUPANT(S) with respect to any other services offered by the OWNER.
38. The OCCUPANT(S) agrees that the OWNER may use a service provider outside Canada to collect the OCCUPANT(S)’s personal information. Information about the OWNER’s policies and practices that relate to service providers outside Canada is available in Windmill Point Park’s Privacy Policy, which can be found at www.windmillpointpark.com.
39. The OCCUPANT(S) agrees that the OWNER can contact the OCCUPANT(S) by commercial electronic messages in order to share information with the OCCUPANT(S) and to establish and manage the OWNER’s relationship with the OCCUPANT(S). The OWNER can communicate with the OCCUPANT(S) by electronic messages:
a) if there is an emergency that affects a Site at which the OCCUPANT(S) is located (such as storm, flooding, fire, power outage, water quality problem);
b) to give the OCCUPANT(S) information about the campground (such as a newsletter or event announcement); or
c) to give the OCCUPANT(S) general information and offers about the OWNER’s services.
40. The OCCUPANT(S) understands that this consent can be withdrawn at any time.
General Provisions
41. This Licence, including the schedules hereto, shall constitute the entire agreement between the parties. There is no representation, warranty, condition, or collateral agreement affecting this document other than as expressed herein in writing.
42. A waiver of any one or more of the terms and conditions herein contained shall not be deemed to be a waiver of any of the other terms and conditions of this Licence, other than those specifically waived in writing and in no event shall any waiver be deemed to be a continuing waiver.
43. The address for notification under the term of this Licence or otherwise shall be, as set out above unless a written notice of change has been given, by regular mail. Any notification pursuant to the terms of this Licence shall be deemed to have been received five (5) working days after it was posted.
44. This Licence will be governed by the laws of the Province of Ontario and the Ontario Courts are the court of exclusive jurisdiction in the event of any Court actions between the parties.