LICENSE OF OCCUPATION
Line Properties Limited
Permanent Home Address:
Driver's License #:
Car License Plate #
Address on Drivers License same as Permanent Home address?
Owner has agreed to license the Occupant to occupy the following site with the
Licensing of the above site by the Owner to the Occupant shall be in
consideration for and subject to the
terms and conditions: A) The lease
commences on the _____day of
expires on the ______day of ________
cost at $
7% GST per month or year
Additional services for the specified site
- as per usage Other_________________(Cost)
This license is personal to the above named Occupant and those eligible
family members, listed below, in accordance with the campground rules, which
are attached hereto as schedule A,
2. It is understood and
agreed that other visiting family members and friends shall be charged
admission as determined from time to time.
It is agreed and understood between the Occupant and the Owner that the intended
use for the specified site is for recreational vacation purposes in a
campground or trailer park. The
campground or trailer park is designed for seasonal or temporary use only and as
such cannot be used by the Occupant as a permanent home address.
It is agreed and understood between the Occupant and the Owner that the actual
use that is made of the site is to be for seasonal or temporary periods of
time only. As well during any use of the specified site by the Occupant,
the Occupant shall maintain another permanent residential premise elsewhere than
at the Park, that the Occupant has unlimited access to.
It is agreed and understood between the Owner and the Occupant that the
word "trailer" as set out in paragraph 3 above, shall include Park
Model Trailers as defined by the C.S.A. Standards Z.241. But shall not include Mobile Homes as defined by the C.S.A.
It is agreed and understood between the Owner and the Occupant that the
words "seasonal or temporary periods of time" as set out in paragraph
4 above shall include periodical or recurrent use pertaining to the seasons of
the year. But shall not
include accommodation that is occupied for 12 months in any given year.
It is agreed and understood between the Occupant and the Owner, that the Trespass
to Property Act governs the relationship between the Parties.
This license is for the occupation of the site specified only and the
Occupant acknowledges that he is a licensee with respect to any facilities
assigned to him and is deemed to have willingly assumed, without restriction,
all risks arising out of his use of the site and the campground.
All season end charges for a deposit, storage, services, etc., are due
and payable by Thanksgiving. All
season start up charges for site fees, docking, services etc are due May 1.
All other charges are paybable when
services are rendered.
All deposits are non-refundable and are held against the final balance
owing in any year. The deposit is
forfeited as liquidated damages and not as a penalty upon breach of any term of
In addition to the specified site, the Occupant shall have the use in
common with others so entitled to all common areas provided without additional
charge. This license shall be
automatically renewed solely at the discretion of the Operator from year to year
save and except any adjustment in the fees charged, unless terminated by
either party, in writing, on or before September 30 of each calendar year.
In addition to the foregoing, the Occupant shall pay in addition any
taxes, assessments, levies, or license fees imposed by any authority on or as a
result of any equipment, fixtures, improvements, furnishings or vehicles
erected, placed or left on the site by or on behalf of the Occupant which
additional charges shall be payable immediately upon receipt of any notice or
demand for payment received by the Owner and conveyed to the Occupant.
The Occupant hereby acknowledges receipt of and agrees to be bound by the
terms and conditions of the rules of the campground as presently in existence,
being Schedule A hereto, or as may be reasonably established or at the
discretion of the Owner modified from time to time.
Amendments to this license, at the sole discretion of the Owner, may be
instituted with written notice to the licensee.
Said amendment will allow the licensee to terminate the license
and leave the campground with no penalty upon written notice to the licensor
within seven (7) days of receipt of such amendment.
The Occupant hereby undertakes and agrees that he will inform any family
members specified in this license or otherwise, as well as guests, visitors or
other persons attending at the Occupant's site as to the campground rules, from
time to time. The Occupant is
responsible for the observance of the campground rules personally or by his
immediate family members, guests, visitors or other persons attending at the
Occupant's site or in the campground with the occupant's permission or
Any failure to remit any payments required 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.
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 Owners shall not be liable for any damages
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 the license.
The Occupant hereby undertakes and agrees to abide by all the terms and
conditions of any applicable municipal, provincial or federal laws and
regulations and any failure to do so may be deemed to be by the Occupant, his
immediate family, guests, visitors or others attending at the Occupant's site
with the Occupant's permission, a breach of this license.
The address for notification under the term of this license, or
otherwise, shall be at the permanent home address as set out above, unless
written notice of a change has been given by regular first class mail. Any notification pursuant to the terms of this license shall
be deemed to have been received five working days after it was posted.
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 reenter 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, (at the Courts of Justice Act Rate), Legal Costs together with any
other costs of any nature or kind which may be incurred in repossessing the site
and collecting overdue payments 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. To bar the occupant, his
immediate family, guests, visitors or other persons attending at the occupant's
sites 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.
The Occupant acknowledges and agrees that no sales shall be advertised or
conducted on any site and the Owner strictly reserves the right to act as the
exclusive sales agent within the campground.
This license is personal to the Occupant or immediate family and is not
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 recover costs and/or monies owing in
accordance with the provisions of the Act.
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., 1990 c. T.21, as amended from time to time.
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.
The Occupier of a site shall exercise such care as is reasonable in the
maintenance of the site during his occupancy to see that persons entering on the
site and the property brought on the site by those persons are reasonably safe
while on the site and shall save the Owner harmless from any claims as a result
of the failure of the Occupant to do so. No
add-ons, additions or site improvements shall be incorporated without prior
written approval. If such approval
is granted, such add-ons, additions or improvements must be incorporated so as
not to impede the expeditious vacating of the site and removal of the Occupants
A waiver of any one or more of the terms or conditions herein contained
shall not be deemed to be a waiver of any of the other terms and conditions of
this other than those specifically waived and in no event shall any waiver be
deemed to be a continuing waiver.
By his/her signing of this license the Occupant hereby represents and
warrants that he/she has the responsibility and/or authority to sign on behalf
of family members, guests, visitors or other persons attending at the site from
time to time.
The Occupant further agrees that while his trailer and equipment of any
nature is on the Owner's premises, he will not hire or permit any person or any
company, other than the Owner to perform any labour thereon or to make
installation of equipment thereof; it being understood that the owner does not
permit any competitive labour or services to be performed on its premises
without its express written authorization.
The foregoing limitation is not intended to prevent the Occupant or his
family from doing such work provided such work is done in accordance with all
pertinent laws and/or regulations and has been approved in writing by the Owner.
This license, including Schedule 1, Hammock Harbour Resort Seasonal
Camper and Yacht Club Lease Agreement – Terms and Conditions, shall constitute
the entire arrangement between the parties.
There is no representation, warranty, condition or collateral agreement
affecting this document other than as expressed herein in writing.
This license shall be read with all changes of agenda and number required
by the text.
This form was prepared for the exclusive use by members of The Ontario
Private Campground Association and is the subject matter of copyright.
Any unauthorized use is prohibited.
Any use is at the occupant's risk.
This Agreement signed the _____ day
of ____________, 20 ____, at __________________ Ontario shall be binding
upon the heirs, executors, administrators and assigns of the parties hereto.
Signed, Sealed and Delivered }
in the presence of
Name of Owner
Name of Occupant
Signature of Witness
Signature of Owner
Signature of Occupant
Address of Witness