WEST LAKE WILLOWS

LICENCE OF OCCUPATION

BETWEEN:

West Lake Willows
2028 County Road 12
RR #1, Picton, Ontario  K0K 2T0
(the “Owner”)

– and –

Occupant Name(s): _________________________________________

Site Number: _____________

Permanent Address: _______________________________________

City/Town: ____________________ Province: __________ Postal Code: ____________

Telephone: _________________________________________

Email: _________________________________________

Registered Vehicle(s):
1. Licence Plate: ______________________
2. Licence Plate: ______________________

The Owner agrees to license the Occupant to occupy the campsite identified above, together with the services included in the applicable seasonal invoice, subject to the following terms and conditions.

1. PERSONAL LICENCE

This Licence of Occupation is personal to the Occupant or Occupants named above.

The Occupant may permit family members, friends, visitors, and guests to visit the campsite and use the recreational vehicle in accordance with this Licence and the Park Rules and Regulations.

The permission granted to family members, friends, visitors, or guests to use the campsite or recreational vehicle does not create any independent right to occupy, control, use, renew, transfer, or assume responsibility for the campsite.

The regular or extended use of the campsite by persons other than the Occupant or Occupants named in this Licence may require the prior approval of the Owner.

The Occupant remains responsible for the conduct of all family members, friends, visitors, and guests and for their compliance with this Licence and the Park Rules and Regulations.

2. NATURE OF OCCUPANCY

This Licence permits the Occupant to occupy only the campsite specified above.

The Occupant acknowledges that the Occupant is a licensee with respect to the campsite and any facilities, services, dock slips, parking areas, storage areas, or other privileges assigned or made available to the Occupant.

The Occupant acknowledges that this Licence does not convey any ownership, leasehold interest, tenancy, interest in land, or other proprietary interest in the campsite or campground.

The Occupant assumes, without restriction, all risks arising from the use of the campsite and campground, subject to applicable law.

3. PAYMENT OF FEES AND CHARGES

The Owner shall establish the seasonal site fees, charges, and payment schedule for each season.

Unless an alternative payment arrangement has been approved in advance by the Owner, the annual seasonal site fee shall be payable in ten (10) equal payments beginning October 1 and ending July 1.

The first payment, due October 1, shall be designated as the Renewal Deposit and shall equal ten percent (10%) of the annual seasonal site fee.

The remaining nine (9) payments shall be instalment payments toward the annual seasonal site fee.

The specific amount of the Renewal Deposit, each instalment payment, and all applicable due dates shall be set out in the seasonal invoice or renewal offer issued by the Owner.

The Owner may, in its discretion, approve an alternative payment schedule or payment arrangement. Any alternative arrangement must be agreed to in advance and does not constitute a waiver of the Owner's right to require compliance with the standard payment schedule in any subsequent season.

All deposits, seasonal fees, storage charges, service charges, Site Transfer Fees, taxes, assessments, and other amounts payable under this Licence, the Park Rules and Regulations, or an invoice issued by the Owner are due and payable on the dates established by the Owner.

The Occupant is responsible for contacting the Owner before a payment becomes overdue if the Occupant is unable to meet a payment deadline.

Failure to make a required payment when due, unless an alternative payment arrangement has been approved by the Owner, constitutes a breach of this Licence.

Interest shall be payable at 2% per month (24% per annum) on all overdue accounts.

4. RENEWAL DEPOSIT, WITHDRAWAL, AND REFUNDS

The Renewal Deposit is paid as an indication of the Occupant's intention to return for the following season and to request continued occupancy of the campsite.

Payment of the Renewal Deposit does not guarantee renewal of this Licence or continued occupancy of the campsite. Renewal remains at the discretion of the Owner in accordance with this Licence.

The Renewal Deposit is non-refundable.

If the Renewal Deposit is not received by the due date and no alternative arrangement has been approved by the Owner, the Owner may consider the Occupant to have declined continued occupancy of the campsite for the following season and may offer the campsite to another person.

An Occupant who decides not to return for the upcoming season must notify the Owner in writing, remove the recreational vehicle and all personal property, and surrender the campsite in a clean and satisfactory condition.

Where the Occupant completes these requirements on or before April 15, instalment payments made toward the annual seasonal site fee, excluding the non-refundable Renewal Deposit, shall be refunded, less any unpaid fees, charges, damages, removal costs, restoration costs, or other amounts owing to the Owner.

Where the Occupant withdraws, removes the recreational vehicle, or surrenders the campsite after April 15 but before July 1, the Renewal Deposit remains non-refundable. Any refund of instalment payments made toward the annual seasonal site fee shall be at the discretion of the Owner, taking into consideration the date of withdrawal, the Owner's ability to relicense the campsite, amounts owing by the Occupant, and any other relevant circumstances.

After July 1, the annual seasonal site fee is fully earned and non-refundable.

The Owner may, in its sole discretion, provide a partial refund, credit, or other accommodation in exceptional circumstances. Any such accommodation shall apply only to the specific circumstances for which it is granted and shall not constitute a waiver, precedent, or continuing obligation of the Owner.

The Occupant's decision not to return, withdrawal from the campground, sale or removal of the recreational vehicle, or failure to occupy the campsite does not relieve the Occupant from amounts owing under this Licence or from the responsibility to remove the recreational vehicle and personal property and surrender the campsite as required by the Owner.

5. RECREATIONAL USE AND RENEWAL

The campsite shall be used exclusively for seasonal recreational and/or vacation purposes.

The campsite shall not be used as a principal residence, permanent residence, or mailing address for the Occupant or any other person.

The Occupant shall have the non-exclusive use, in common with others entitled to use them, of the common areas and recreational facilities made available by the Owner.

This Licence expires at the end of each seasonal operating period.

Any renewal of this Licence, continued occupancy of the campsite, or offer of a campsite for a subsequent season shall be solely at the discretion of the Owner.

Renewal may be subject to adjustments in seasonal fees, charges, Park Rules and Regulations, services, site classifications, and other terms and conditions established by the Owner.

6. TAXES, ASSESSMENTS, AND GOVERNMENT CHARGES

The Occupant shall pay any taxes, assessments, levies, licence fees, or other governmental charges imposed as a result of any recreational vehicle, equipment, fixtures, improvements, furnishings, structures, or vehicles erected, installed, placed, or left on the campsite by or on behalf of the Occupant.

Such amounts shall be payable immediately upon receipt of notice or demand for payment from the Owner.

7. PARK RULES AND REGULATIONS AND AMENDMENTS

The Occupant acknowledges receipt of and agrees to comply with the Park Rules and Regulations of West Lake Willows, attached to or incorporated into this Licence as Schedule B.

The Park Rules and Regulations form part of this Licence.

The Owner may reasonably establish, modify, replace, or amend the Park Rules and Regulations from time to time where the Owner considers changes necessary or desirable for the safety, operation, management, appearance, maintenance, character, or enjoyment of the campground or seasonal community.

The Owner may also amend the terms of this Licence upon written notice to the Occupant.

Where an amendment materially changes the terms of this Licence during the seasonal operating period, the Occupant may terminate the Licence and permanently remove the Occupant's recreational vehicle and other property from the campground without further penalty by providing written notice to the Owner within seven (7) days after receipt of the amendment.

Termination under this section does not relieve the Occupant from payment of amounts already owing to the Owner.

8. RESPONSIBILITY FOR FAMILY MEMBERS, VISITORS, AND GUESTS

The Occupant agrees to inform family members, friends, visitors, guests, and all other persons attending the campsite with the Occupant's permission or knowledge of the applicable Park Rules and Regulations.

The Occupant is responsible for compliance with the Park Rules and Regulations by the Occupant and by all family members, friends, visitors, guests, and other persons attending the campsite with the Occupant's permission or knowledge.

9. BREACH AND TERMINATION

Any failure to remit any payments under the terms of this agreement and any breach of any of the rules of the campground by the Occupant, his immediate family members, guests, visitors or other persons attending at the Occupant’s site, shall be deemed to be a breach of this license and this license may be immediately terminated at the option of the Owner.

10. PROPERTY UPON TERMINATION

The Occupant hereby authorizes and directs the Owner, upon termination of this license for any reason, to act as the Occupant’s agent for the securing and/or removal of any of the Occupant’s property from the above site, or elsewhere in the campground, and the Owner shall not be liable for any damages thereby occasioned.

11. COMPLIANCE WITH LAW

The Occupant agrees to comply with all applicable municipal, provincial, and federal laws, regulations, orders, and requirements.

Any failure by the Occupant, immediate family members, friends, guests, visitors, or other persons attending the campsite with the Occupant's permission or knowledge to comply with applicable law may be deemed a breach of this Licence.

12. NOTICES

The address and email address provided by the Occupant in this Licence shall be the Occupant's addresses for delivery of notices unless the Occupant provides written notice of a change.

Notices may be delivered personally, by regular first-class mail, or by email.

A notice delivered personally shall be deemed received on the date of delivery.

A notice sent by regular first-class mail shall be deemed received five (5) business days after mailing.

A notice sent by email shall be deemed received on the day it is sent unless the sender receives notice that the email was not delivered.

13. OWNER'S RIGHTS UPON DEFAULT

In the event of any default of any of the terms and conditions of this agreement, the Owner shall have the following rights:

a) On fourteen days prior written notice delivered or deemed received under the terms of this license to re-enter upon the above site and repossess the site terminating the contract;

b) To sue for any overdue payments or damages arising out of a breach of this license together with interest, costs of any solicitor on a solicitor and client basis together with any other costs of any nature or kind which may be incurred in repossessing the site and collection overdue payment or damages;

c) To seize any goods or property on the site subject to any applicable provisions of the law and to sell the same to recover any monies or damages owing;

d) To bar the Occupant, his immediate family, guests, visitors or others attending at the Occupant’s site with the Occupant’s permission from:

i. Staying past 8:00 p.m. on any night of the aforementioned fourteen (14) days;

ii. Attending or participating in any common activities as may be held in the campground.

14. TRAILER SALES AND SITE TRANSFERS

The Occupant owns the recreational vehicle and may advertise and offer the recreational vehicle for sale, subject to this Licence and the Park Rules and Regulations.

The Occupant shall not advertise, represent, promise, or imply that the campsite, Licence of Occupation, dock slip, parking area, storage area, or any other right or privilege granted by the Owner is included in the sale of the recreational vehicle.

No recreational vehicle may be advertised or sold as remaining on its current campsite without prior approval from the Owner.

The sale of a recreational vehicle does not include the sale, assignment, transfer, or continuation of the campsite or this Licence.

Any prospective purchaser wishing to keep the recreational vehicle within West Lake Willows must apply to and be approved by the Owner.

The Owner has no obligation to approve a prospective purchaser or to offer the purchaser a Licence of Occupation for the campsite or any other campsite.

If the prospective purchaser is approved, the purchaser must enter into a new Licence of Occupation with the Owner before taking possession or occupying the campsite.

Where a recreational vehicle is sold and approved by the Owner to remain on its campsite, the Occupant shall pay the applicable Site Transfer Fee established in the Park Rules and Regulations.

The Site Transfer Fee shall be payable by the selling Occupant and must be paid in full before the sale and site transfer are completed and before the incoming purchaser takes possession of or occupies the campsite.

The Owner may, in its sole discretion, reduce or waive the Site Transfer Fee where circumstances warrant.

The Site Transfer Fee shall not exceed the standard percentage established for the applicable site category in the Park Rules and Regulations.

The Occupant is responsible for advertising, negotiating the sale of, and showing the recreational vehicle to prospective purchasers.

At the request of the Occupant, the Owner may agree to assist with the sale of the recreational vehicle by forwarding inquiries, showing the recreational vehicle, or providing other agreed-upon sales assistance.

Where the Owner agrees to provide sales assistance, the Occupant shall pay the applicable sales assistance fee established in the Park Rules and Regulations.

15. NON-ASSIGNMENT AND NON-TRANSFERABILITY

This Licence is personal to the Occupant and is not assignable or transferable.

The Occupant shall not sell, assign, transfer, rent, sublet, licence, advertise for rent, or otherwise provide the campsite or recreational vehicle to another person in exchange for payment, services, or other consideration.

The campsite, Licence of Occupation, dock assignment, parking privileges, storage arrangements, and any other rights or privileges granted by the Owner do not transfer with the sale, gift, inheritance, or other disposition of the recreational vehicle.

No person acquires any right to occupy or use a campsite as a result of purchasing, receiving, or otherwise acquiring ownership of a recreational vehicle located within the campground.

Any continued occupancy of the campsite following the sale or transfer of ownership of a recreational vehicle requires the prior approval of the Owner and the execution of a new Licence of Occupation.

16. PROPERTY LEFT ON REPOSSESSED SITE

In the event that this site shall be repossessed under the terms of this license, any goods including any trailer that the Occupant has left on the site shall be deemed to be an article as defined by the Repair and Storage Liens Act of Ontario (hereinafter referred to as “the Act”), may be removed by the Owner, who shall be deemed to be a lien claimant and storer under the Act, to whatever location the Owner deems appropriate and the Owner in such removal and storage will not be responsible for any loss or damage to such goods.

The Occupant will be responsible for any storage costs and moving costs incurred, together with any outstanding rent or charges or any other monies due under this agreement and the Owner may proceed in accordance with the provisions of the Act.

17. TRESPASS NOTICE

Notice is hereby given that entry to the campground is permitted only for activities conducted in accordance with this license and the rules and regulations as they exist from time to time and all other activities are prohibited in accordance with the provisions of the Trespass to Property Act, R.S.O. 1980, Chapter 511, as amended.

Any person violating this notice or failing to leave the premises immediately when directed to do so shall be in violation of the said Act and may be prosecuted in accordance with its provisions.

18. SITE MAINTENANCE, SAFETY, AND IMPROVEMENTS

The Occupant shall exercise such care as is reasonable in the maintenance and use of the campsite to ensure that persons entering the campsite and property brought onto the campsite are reasonably safe.

The Occupant agrees to indemnify and save the Owner harmless from claims arising as a result of the Occupant's failure to reasonably maintain or use the campsite.

No additions, alterations, structures, landscaping installations, site improvements, or other modifications may be constructed, installed, or incorporated into the campsite without prior approval from the Owner.

Any approved addition, alteration, structure, landscaping installation, site improvement, or modification must comply with the Park Rules and Regulations and must not prevent or unreasonably impede the removal of the Occupant's recreational vehicle and other property from the campsite.

19. WAIVER

A waiver of any one or more terms or conditions of this Licence shall not be deemed to be a waiver of any other term or condition.

A waiver shall apply only to the specific matter expressly waived and shall not constitute a continuing waiver or prevent the Owner from enforcing the same or any other term or condition in the future.

20. AUTHORITY AND RESPONSIBILITY OF OCCUPANT

By signing this Licence, the Occupant represents and warrants that the Occupant has the responsibility and authority to enter into this Licence and accepts responsibility for compliance with this Licence and the Park Rules and Regulations by family members, friends, visitors, guests, and other persons attending the campsite with the Occupant's permission or knowledge.

21. ENTIRE AGREEMENT

This Licence, together with the Park Rules and Regulations, schedules, invoices, and any written amendments or approvals expressly incorporated into this Licence, constitutes the entire agreement between the parties concerning the Occupant's use and occupation of the campsite.

There is no representation, warranty, condition, promise, or collateral agreement affecting this Licence other than those expressed in writing.

If there is any inconsistency between this Licence and the Park Rules and Regulations, the terms of this Licence shall prevail.

22. ASSUMPTION OF RISK, RELEASE, WAIVER, AND INDEMNITY

The Owner assumes no responsibility for any loss through fire, theft, collision or otherwise to trailers, additions, improvements or cars or their contents, regardless of cause.

The Occupant agrees that the use of the campground or its facilities is solely at the risk of himself, his family and guests.

The Occupant, his family and his guests, for themselves, their heirs, executors, administrators, successors and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE the Owner, his agents, servants, successors and assigns OF AND FROM ALL CLAIMS, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damages to himself, his family or guests or their property HOWSOEVER CAUSED, arising or to arise by reason of occupation of the above mentioned site and use of the campground or otherwise, whether prior to, during or subsequent to this AND NOTWITHSTANDING that the same may have been contributed to or occasioned by the negligence of any of the aforesaid.

The Occupant further undertakes on his own behalf and on behalf of his family and guests to indemnify all the aforesaid from and against any and all liability incurred by any or all of them arising as a result of or in any way connected with this license.

23. ACKNOWLEDGEMENT

The Occupant acknowledges that the Occupant has read and understands this Licence of Occupation and the Park Rules and Regulations incorporated into it.

The Occupant acknowledges having had the opportunity to obtain independent legal advice before signing this Licence.

The Occupant agrees to be bound by this Licence and the Park Rules and Regulations.

This Licence shall be binding upon the parties and their respective heirs, executors, administrators, successors, and permitted assigns, subject always to the personal and non-transferable nature of the Occupant's Licence.

THIS AGREEMENT is signed on the __________ day of ____________________, 20______.

At ________________________________________, Ontario.

OWNER: WEST LAKE WILLOWS

Authorized Signature: ______________________________________

Name: _____________________________________________________

Date: ______________________________________________________

OCCUPANT

Signature: _________________________________________________

Name: _____________________________________________________

Date: ______________________________________________________

OCCUPANT

Signature: _________________________________________________

Name: _____________________________________________________

Date: ______________________________________________________