SHORT-TERM OCCUPANCY TERMS AND CONDITIONS AND USEAGE AGREEMENT
NOTE: ALL GUESTS MAKING OCCUPANCY BOOKINGS ARE REQUIRED TO ACCEPT THE TERMS AND CONDITIONS OF THIS SHORT-TERM OCCUPANCY AGREEMENT (THE “AGREEMENT”). THIS IS A LEGAL DOCUMENT AND AFFECTS YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. PLEASE READ IT CAREFULLY.
NOTE:- If there will be multiple Occupants, all must be identified. Please attach to this Agreement a list of the names and complete mailing and email addresses and contact phone numbers of all Occupants. Only Occupants who are so identified in this agreement will be allowed to occupy the Suite. Unidentified and agreed upon persons who occupy the Suite will be considered to be trespassers. The identity and number of Occupants can be revised following the date of execution hereof, but only with the prior written consent of Friday Harbour Resort, which may be withheld, in its sole, and absolute discretion and without the need for any justification or explanation on their part.
THE RECITALS, TERMS AND PROVISIONS CONTAINED ON THIS AND THE FOLLOWING PAGES FORM AN INTEGRAL PART OF THE TERMS AND PROVISIONS HEREOF
A. Lake Simcoe Stays (“LSS”) owns and operates a resort lodging rental program and reservation service. LSS is the authorized agent for the owner(s) of the subject Suite (referred to herein as the “Owner”) and has authority to enter into this agreement with the Occupant for the short-term occupancy of the Suite. LSS does not act for or represent the Occupant.
B. All occupancy pursuant to this Agreement shall be on a transient, seasonal, and temporary occupancy basis, defined as occupancy not to exceed 28 days in length.
C. All occupancy created hereunder shall fall within the exemptions referred to in subparagraph 5 (a) of the Residential Tenancies Act, 2006, S.O. 2006 c. 17 and, accordingly, the Occupant or Occupants confirm, acknowledge and agree that the provisions of that Act shall not be applicable thereto.
Terms and Provisions
For valuable consideration passing between us, I/We, the undersigned Occupant or Occupants, on my/our own behalf/behaves and on behalf of all other Occupants understand and agree that I/we are the lawful agent(s) of any Occupants who do not sign this Agreement with power and authority to bind them hereto, and hereby covenant and agree with Lake Simcoe Stays (sometimes hereinafter referred to as “LSS”) and the Owner of the Suite to the following terms and conditions which shall govern the occupancy and use of the Suite.
Licence to Occupy
1. This Agreement is between the Occupant(s) named herein personally and as lawful agent, (sometimes referred to herein as “you” or “your”), LSS, in its own capacity and LSS in its capacity as lawful agent of the Owner(s) of the Suite and with authority to act on their behalf in respect of the matters set out herein. Use of the singular shall include the plural and vice-versa and throughout this Agreement, all provisions shall be read, interpreted and understood in the context in which those pronouns are used and also in accordance with the number of persons indicated as being an Occupant in this Agreement
2. This Agreement details the terms and conditions which apply between you, LSS and the Owner relating to your occupancy and use of the Suite.
3. It is the understanding, belief and intention of the parties that the occupancy rights created hereunder fall within the exemptions referred to in subparagraph 5 (a) of the Residential Tenancies Act, 2006, S.O. 2006 c. 17 and that the provisions of that act are not applicable thereto.
4. For the purposes of this Agreement the term, “Booking” means, the process of making a booking for occupancy of a Suite offered for occupancy by Lake Simcoe Stays on its web-based online booking website, www.lakesimcoestays.com (the “Website”) and includes the details of that booking, including but not limited to, the Suite, the occupancy period (as selected in the Booking) and all charges fees and costs set out on the Website relating thereto, as amended from time to time, without notice.
5. This Agreement is a licence to occupy the Suite during the agreed Occupancy Period as set out in the web-based, online booking website, www.lakesimcoestays.com and as confirmed in this Agreement. THIS AGREEMENT IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, NOR DOES IT CONVEY ANY PROPERTY, LEGAL OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION.
6. By accepting the terms and conditions of this Agreement, you hereby acknowledge and agree that you are entering into a non-exclusive licence to occupy the Suite for the Occupancy Period. This means that you have no right to stay in the Suite or to otherwise use or occupy all or any part of such Suite after the Occupancy Period ends and you have no rights to renewal, extension or recurring use of the Suite.
7. You cannot make any changes, alterations or modifications to the Suite nor can you move or remove anything in the Suite including, but not limited to, furnishings, fixtures, appliances, equipment or other items of personal property in, on or around the Suite.
Rules, Policies and Procedures
8. The Lake Simcoe Stays house Rules, Policies and Procedures, a copy of which must be reviewed and consented to upon booking on line (and as may be revised by LSS and delivered to you, from time to time) (the “LSS Rules”), forms an integral part of this Agreement. Any breach or violation thereof by you or any other person whom you allow to enter into, occupy or stay at the Suite, shall constitute a breach by you of the terms of this Agreement. Further, you must be in compliance with the provisions contained within the Declaration, By-laws, rules and other documents/requirements of the Condominium Corporation which the Suite is governed by, including, all noise restrictions, or limitations on pets, smoking, noise or other activities at, in or from the Suite, as well as any restrictions placed on the Occupancy by the Owner which may be set forth in the Booking and/or the Owner’s rules provided to you at or before check-in, which may include, without limitation, the maximum number of occupants allowed during your occupancy of the Suite and any areas of the Suite or items in, on or around the Suite that have been designated “no access”.
9. Your license to occupy the Suite will be subject to immediate termination if you or any persons that occupy the Suite during the Occupancy Period violate any terms of this Agreement, the LSS Rules, the requirements or restrictions of the relevant Condominium Corporation, the Owner or any other agreement between you and another party in relation to the Occupancy, including any third parties.
Booking - Agreement
10. The web-based, online Booking which you have accepted is not a booking confirmation and does not constitute an agreement or contract. The Suite will be booked for the Occupancy Period set forth in the Booking only upon your receipt of a written confirmation of the Booking from LSS (the “Confirmation of Booking”); and neither LSS nor the Owner shall be obliged to make the Suite available to the Occupant, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to you by email or through the Booking website and you and all other parties hereto have agreed to the terms and conditions of this Agreement, as evidenced by all parties having signed and delivered copies hereof.
Fees and Charges
11. The Occupancy Fees set out in the Confirmation of Booking represent the fees identified and payable with respect to the occupancy of the Suite, only. Additional fees, costs and charges will be charged and applied as set out herein. The security deposit set out in the Confirmation of Booking (the “Security Deposit”) is due, payable and collected, in addition to the Occupancy Fees. Further details as to the use of and return of the Security Deposit are set out below.
12. By accepting the terms and conditions of this Agreement, you agree to pay the Occupancy Fees and all other fees, rates, dues, charges, Security Deposit and applicable taxes thereon, as set out in the Confirmation of Booking (collectively, the “Total Charges”) without deduction, counterclaim or set off. You also authorize LSS to charge the Total Charges to the credit card or account which you provided to LSS at the time of the Booking and Confirmation of Booking. Upon receipt by you of the Confirmation of Booking, you will be required to pay, and LSS will charge the credit card or account that you have supplied, the amount(s) and at the times set out in the Confirmation of Booking. The payment will be of the Total Charges and the Security Deposit; and will be in one instalment.
13. If you fail to check-in to the Suite on the commencement date of your Occupancy you will remain responsible for payment of all portions of the Total Charges which do and could apply to the Booking of the Suite and LSS will charge such sums to the credit card or account which you supplied when making the Booking, if necessary.
14. You hereby authorize LSS to collect and remit the various components of the Total Charges to all third parties who are or will be entitled thereto, as and when the case may be. In particular and without limiting the generality of the foregoing, LSS will collect and remit to the Big Bay Resort Association (also known as the Friday Harbour R A) (the “RA”) the RA’s Rental Royalty Fee, which is equal to one percent (1%) of the Rental Revenues, as required pursuant to the Big Bay Resort Association Act, 2010 and the RA’s General Bylaw (i.e., being the total Occupancy Fees and other charges, not including any HST or other taxes thereon.
15. Over and above the Total Charges, you also agree to pay the cost of any loss, damage or destruction to the Suite or its contents or to any person or property, whatsoever, caused by you or anyone having access to or occupancy of the Suite through your actions or inactions, and/or by reason of your actions, inactions, negligence or otherwise, including any arising from your use or misuse of the Suite or your failure to vacate the Suite on a timely basis at the end of your Occupancy Period, including, without limitation, as a result of loss of a subsequent booking for the occupancy and use of the Suite for the period following your Occupancy Period; and further, to pay any fees, costs and expenses (including lawyers’ fees and disbursements) incurred by LSS and/or the Owner or any of their officers, directors employees or third party suppliers, incurred as a result of the necessity to respond to or defend, or in the enforcement of any of their respective rights in respect of any of the foregoing matters (collectively, “Damages”). Should you fail to vacate the Suite at the end of your Occupancy Period, in addition to any other damages claimed and payable by you, it is understood and agreed that you will also pay, as liquidated damages, a further Occupancy fee equal to double the fee already paid for occupying the Suite.
16. In the event you are locked out of your suite you will be able to obtain a new keypad code or set of keys, as the case may be, during our office hours – 8AM to 8PM. If a loss of keys occurs outside of our office hours, you will be required to or call (705) 812-8880 to receive assistance receiving new keys. An additional fee of $100 will be charged for keys lost outside of office hours.
Cancellations and Refunds
17. In the event that, for any reason whatsoever, the Suite becomes unsuitable or unavailable for the whole or any part of the Occupancy Period, LSS shall have the right, but not the obligation, to offer you a different, comparable suite for the whole or any remaining portion of the Occupancy Period. If you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, or the balance of the unused Occupancy Period thereof, and thereupon, any unused portion of any pre-payment made by you and actually received by LSS pursuant to this Agreement will be refunded to you. This is the extent of LSS’s liability. Under no circumstances will you be entitled to any damages over and above a refund of the unused portion of any pre-payment.
18. The following cancellation and refund policies are agreed to by the Occupant and LSS, namely;
a. A full refund, of amounts actually paid by the Occupant and received by LSS at that time, shall be provided by LSS to the Occupant, on the condition that the Occupant has delivered an online cancellation of their Booking, either; (i) not later than 14 full days prior to the first day of the Occupancy Period; or (ii) if the Booking made by the Occupant was made within 14 days of the first day of the Occupancy Period, then within the next 48 hours following the time of the making of the Booking;
b. Out of and strictly limited to amounts actually paid by the Occupant and received by LSS at that time, a refund limited to 50% of the total fees and charges arising from the Booking, on the pre-condition that the Occupant has delivered an online cancellation of their Booking not later than 7 full days prior to the first day of the Occupancy Period; and
c. No refunds of amounts actually paid by the Occupant and received by LSS at that time, or otherwise, shall be made in respect of Bookings which are cancelled within the 7 full days period prior to the first day of the Occupancy Period; and are not within the 48 hours next following the time of the making of the Booking;
19. Without derogating from the specifics of the foregoing provisions, in the event that you cancel a Booking due to exceptional circumstances beyond your reasonable control, LSS may, in its sole, absolute and unfettered discretion, but shall not be obligated to, offer you a full or partial refund or a voucher for a future Booking, at LSS’s option.
20. The amount of the Security Deposit required for the Booking will be stated in the Confirmation of Booking. In accordance with paragraph 12 above, you have authorized LSS to collect the Security Deposit by processing and charging the payment on your credit card made available to LSS during the Booking process.
21. You agree that LSS shall hold the Security deposit as a security which shall be applied against any outstanding fees, charges and/or damages and all amounts which are or may become due under the terms and provisions hereof, including, but not limited to, the Total Charges and Damages. Upon becoming aware of any outstanding amounts to which the Security Deposit or any part thereof can be applied, LSS shall apply such amount(s) from the Security Deposit and provide an email confirmation of such to you thereafter. If, after a reasonable period of time has passed following the end of the Occupancy Period, LSS, acting reasonably, is satisfied that there are not and will not be any amounts to which the Security Deposit or the balance thereof could be applied, LSS shall return the Security Deposit or the balance thereof, as the case may be, to the party who first provided it, by way of a credit on the credit card or account supplied by you . Should the Security Deposit be insufficient to cover the cost of any outstanding fees, charges or damages, LSS will advise the Occupant and is hereby authorized to charge the outstanding fees, charges or damages against the credit card or account provided by the Occupant at the time of booking.
Limits of Liability of LSS and Owner
22. The Suite is a private residence and neither Lake Simcoe Stays nor the Owner are responsible for any accidents, injuries, illness and deaths that occur on, in, around or from the Suite or for any loss of your personal belongings or valuables. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Suite and at the Resort known as “Friday Harbour” at your sole expense.
23. Notwithstanding the foregoing, the liability of Lake Simcoe Stays and the Owner for any breach of the provisions of this Agreement of any nature or kind, including of a condition or of a fundamental term hereof, or from any matter or thing arising out of this Agreement and the intended or actual occupancy of the Suite or access thereto, including for property loss or damage, personal injury and death and for any cause of action, whatsoever, whether founded in contract, tort, equity or otherwise and regardless of the form or process of the action, shall be strictly limited to the Occupant’s actual, direct and provable losses, and damages and, in addition, shall be strictly limited to that amount, which is equal to and does not exceed the greater of either, (i) the cost of obtaining a comparable replacement accommodation for the agreed Accommodation Period, or (ii) the total amount, actually paid to and received by Lake Simcoe Stays from the Occupant, in respect to and arising out of this agreement and you agree that this shall constitute your full and final compensation and consideration therefor. Without limiting the foregoing, you agree that neither Lake Simcoe Stays nor the Owner shall have any responsibility or liability to the Occupant for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings, lost opportunity or any emotional, equitable or punitive loss or damage arising as a result of or in connection with this Agreement, the Suite or the Booking; and whether such loss arises as a result of negligence, breach of contract, tort or otherwise by Lake Simcoe Stays , the Owner or any agent or third party providing services on their behalf.
24. You agree to defend, indemnify and save harmless LSS and the Owner, their respective parents, subsidiaries and affiliates and their respective directors, officers, employees, contractors, heirs, executors, administrators, representatives, successors and assigns, from and against any and all liability, claims, suits actions, demands, loss, property damage or expenses (including lawyers’ fees and disbursements) arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Owner or any visitors or invitees whom you permit to enter the Suite or the premises of which the Suite is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees and which arises from your occupation, use of or access to the Suite.
25. If LSS or the Owner incurs any costs, including but not limited to those arising from the engagement of legal counsel, to enforce any of the terms or provisions of this Agreement or to obtain vacant possession of or to remove you or any person who has gained entry into the Suite through your actions or inactions and/or your or their belongings from the Suite, then, in addition to any damages or other losses or claims which can be or are made against you, you shall be responsible for all such costs and expenses and agree that all lawyers’ fees and disbursements incurred in connection with the foregoing shall be assessed and paid on a “full indemnity” basis.
26. If LSS is delayed or interrupted in or prevented from the performance of its obligations hereunder or the Suite is unavailable or uninhabitable for your occupancy during the whole or part of your Occupancy Period by reason of an act of God (including a disastrous weather event), fire, flood, war, insurrection, labour dispute or other labour disruption, public disaster, infestation, governmental enactment, regulation or order, epidemic, pandemic, or any other cause beyond its control, LSS shall not be responsible or liable to you and this agreement shall be terminated and at an end. In the event that, at the time of the occurrence of such an event you have paid amounts and LSS has actually received such amounts, then LSS shall return to you the unused portion of such amounts, prorated by the actual extent of your stay to the length of your intended Occupancy Period, on a per diem basis and you agree that this shall constitute your fair, full and final compensation and consideration therefor.
27. You acknowledge that the Suite is a home and you agree not to access any cupboard or drawers which are locked or otherwise barred from access by the Owner. You will be subject to a charge for any attempt to open any lock which causes damage.
28. A written or video inventory may have been taken prior to the commencement of your stay. You must notify LSS of any damage to the Suite or its contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
29. Save and except for any prior damage to the Suite or its contents (other than normal wear and tear) which you observe at the commencement of your Occupancy and which you notify LSS of, in writing, you will be fully responsible for damage to the Suite and/or its contents on a full replacement cost basis. In accordance with paragraph 15 above, any damage, including the matters referred to in paragraphs 24, 25 and 26, shall be deemed to form part of the Damages and the Security Deposit may and can be applied against any such Damages. You hereby authorize LSS to charge your debit card, credit card or account for any such damages which exceed the Security Deposit provided.
Safety and Conduct
30. You have primary responsibility for your own safety and for the safety of anyone that you allow in, on or around the Suite during your stay. You must read any fire or health and safety rules and regulations which are provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the condition of the Suite to the attention of LSS and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
31. If you become aware of anything during your stay which you believe is a health or safety risk, you must inform LSS immediately in writing. LSS or their third party suppliers will be provided access to the Suite at all times during your Occupancy Period to address any health or safety issues which arise, whether or not reported by you or someone else.
32. Neither LSS nor the Owner certifies that the Suite is child-proof or safe for young children. The Occupier understands that it is the responsibility of the Occupier to inspect the Suite when they first enter to ensure that the Suite is safe for their young children and to remove any items, cleaning fluids, glass items, etc. to a safe location within the Suite.
33. You must comply with the LSS Rules and you must also comply with any condominium rules, regulations and any reasonable directions of LSS and their respective third party suppliers.
34. You shall not allow any person, other than the number of persons named in the Confirmation of Booking and identified as Occupants therein and herein, to occupy the Suite at any time.
35. You shall not have any events or parties in the Suite nor play loud music nor disturb the peace of the adjoining suites, at any time whatsoever.
36. In addition to the foregoing, the website individualized listing will specify the maximum permitted Occupants/number of persons who are authorized to stay, as occupants, in the Suite. If you allow more than that maximum number of Occupants/people to occupy or stay in the Suite, at any time during the Occupancy Period, you will be in breach of this Agreement and, in addition to any other remedy available to LSS on account of such breach, LSS can charge you a supplemental fee of up to 100% of your effective daily rate in respect of each such unauthorized guest for every day or part thereof that they occupied and/or stayed at the Suite, which shall be deemed to be Damages and shall be collected by LSS, at their sole discretion from either the Security Deposit, or a charge to the credit card provided by you; and, in addition, at LSS’s sole option, they may also terminate this Agreement and require vacant possession of the Suite, immediately on delivery of verbal or written (email or otherwise) notice to you.
37. In addition to complying with the LSS Rules and any rules of the condominium corporation, you also agree that you will:
a. keep the Suite clean and tidy at all times and leave the Suite in the same condition as you found it;
b. not keep or take any pets or animals into the Suite, unless pets were specifically allowed and confirmed in the website individualized listing;
c. not do anything that will or might constitute a breach of insurance policy in effect with respect to the Suite, from time to time;
d. not obstruct or leave any objects or waste in any common areas of the condominium corporation which the Suite is a part of or related to;
e. not leave any waste or obstruction outside of the Suite;
f. not do nor permit to be done in, on or around the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, smoking, dancing, entertaining at the Accommodation or moving furniture;
g. not conduct any illegal or unlawful activity in, on, around or from the Suite;
h. not conduct any business or commercial activity whatsoever in, on, around or from the Suite;
i. not make any change, modification, alteration or addition whatsoever to the Suite or its contents;
j. not use the Suite for any purpose other than for personal accommodation;
k. not invade the privacy of any neighbours or publish or reveal anything which might allow a third party to identify the address of the Suite or the identity of the Owner or their neighbours or any personal information regarding the Owner or their neighbours or the Accommodation (even if such information is already in the public domain);
l. acknowledge and obey all rules and be mindful of potential risks including without limitation, those posed by the use of the Suite’s balconies and decks, as well as all facilities, including but not limited to swimming pools, hot tubs, personal water craft, personal transportation vehicles (bicycles, scooters, boards and the like) trampolines, fitness equipment and other recreational equipment located within the Friday Harbour Resort lands; and
m. obey all traffic signs, rules and regulations posted within the Friday Harbour Resort lands and park only in designated parking areas, at designated times (where applicable; and when using the Suite, shall only park within the parking space(s) designated for the exclusive use of that Suite, as stated in the Confirmation of Booking.
Check-In and Check – Out
38. In your Confirmation of Booking email you will receive instructions for check-in and check-out procedures. Those instructions form a part of this Agreement. Upon check-in you will be required to produce proper identification, as listed in the Confirmation of Booking. Failure to produce proper identification at the time of check-in shall constitute a fundamental breach of this Agreement and LSS shall be entitled to refuse you entry and access to the Suite and, in addition shall be entitled to terminate this Agreement and keep all payments made and received by LSS in connection herewith as partial compensation for Damages. The exercise of these remedies shall not preclude LSS from exercising any and all other rights and remedies available to it under contract, statute and/or common law.
39. The check-out time for the Suite is as stated in the Confirmation of Booking. Unless otherwise agreed to in writing between us for a later check-out or for an extension of the Occupancy Period for your Booking, you will be responsible and liable for a full day’s Occupancy Fee for any overstaying past the check-out time on the day that your Occupancy Period ends. If you overstay by more than two (2) hours then you hereby grant to and authorize LSS and LSS reserves the right to, enter, or cause the Owner or some other authorized agent of LSS to enter the Suite, remove your belongings, change the locks to the Suite and take such further action as may be necessary or appropriate and you will be charged for the costs of any such action which will be charged against the Security Deposit or credit card account that you provided. In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other Damages.
Collection and Use of Personal Information
40. You hereby consent to Lake Simcoe Stays’ collection, use and disclosure of your personal information for the purpose of enabling LSS to proceed with your Booking and in order to provide a Confirmation of Booking and provide you with the occupation and use of the Suite in accordance with this Agreement. Such personal information can include your name, home address, e-mail address, telefax/telephone number, age, date of birth, marital status, residency status and credit card information. In particular but without limiting the foregoing, the Vendor may disclose such personal information to any associated or affiliated party to LSS, the Friday Harbour R A, the condominium corporation and its management company which governs and manages the common elements related to the Suite and/or the Suite, itself, the Owner, the credit card company or bank or other financial institution which issued the subject credit card, any governmental authority with the power and jurisdiction to require same, any insurance company providing coverage for the Suite or for any other coverage related to the subject matter of this Agreement and any other entity or person to whom such information is required to be delivered, by law or a court or tribunal of competent jurisdiction.
41. Any questions or concerns you may have with respect to the collection, use or disclosure of your personal information may be obtained from the Website.
General Terms - Execution and Delivery
42. All persons/parties signing this Agreement acknowledge, confirm, represent, warrant, covenant and agree that; (i) they are of legal age for the Province of Ontario (namely, 18 years or more; (ii) have the capacity to read and understand this Agreement in the English language; (iii) all statements and information provided to LSS at the time of making the Booking, via the website, and by email, phone facsimile transmission, or otherwise, are and remain factual and true; and (iv) prior to them signing this Agreement, they read and understood the terms and provisions contained and referred to herein.
43. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to LSS pursuant to this Agreement against any amounts that may be owed by LSS to you, pursuant to this Agreement.
44. LSS is entitled to assign or sub-contract their rights and obligations under this Agreement. You shall not assign or convey any of your rights or obligations under this Agreement.
45. This Agreement, together with the Confirmation of Booking details, constitute the entire agreement between the parties hereto and supersede all previous agreements understandings, negotiations and discussions, if any, and whether oral, in writing or by electronic means. There are no representations, warranties covenants, conditions or other agreements, express or implied, collateral, statutory or otherwise, including implied warranties or conditions of merchantability or fitness for purpose, between the parties in connection with the subject matter of this Agreement, except as specifically set forth in this Agreement. The parties have not and are not relying upon any other information, discussion or understanding in entering into this Agreement. This Agreement can only be amended or revised in writing (including by email communication), and as agreed upon by both parties.
46. The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. However, if any provision of these terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed from this Agreement and the remaining provisions shall remain in full force and effect.
47. This Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario. The parties irrevocably attorn to the exclusive jurisdiction of the Ontario Courts, situated in the City of Toronto or Barrie for any and all disputes between the parties arising out of this Agreement or the Suite.
48. No waiver of any of the provisions of this Agreement will constitute a waiver of any other provision (whether or not similar). No waiver will be binding unless executed in writing by the party to be bound by the waiver. A party’s failure or delay in exercising any right under this Agreement will not operate as a waiver of that right. A single or partial exercise of any right will not preclude a party from any other or further exercise of that right or the exercise of any other right.
49. If there are more than one Occupant, then the obligations of the Occupants arising herein and herefrom shall, in all respects, be joint and several.
50. The signing and submission of the Agreement by the Occupant(s) using the LSS booking website shall constitute acceptance of all of the components and terms and provisions of this Agreement.
51. This Agreement becomes effective only when LSS delivers its confirmation email to the Occupants, confirming the Booking, at which time, it will be binding upon and enure to the benefit of the Occupants, Lake Simcoe Stays and their respective heirs, administrators, executors, legal representatives, successors and permitted assigns.