Harmony Resorts Inc (Harmony) operates vacation properties throughout Canada. Our resorts are for vacation purposes only and may never be used as your primary residence.
The following terms apply to your stay as a Licensee (see definition below) at any of our properties. Our Resorts are not operational for at least one month each calendar year for repairs and maintenance. During closures there is no public access to the resorts.
By accepting the Booking Confirmation or by staying at our Resorts you agree to all the terms herein which may change from time-to-time and posted on our website at harmonyresorts.ca
In this Agreement, the following terms have the meanings set out below:
h)“License Start Date” is your arrival date at our resort as stipulated in the Booking Confirmation;
m)“Rules and Regulations” mean the rules and regulations that are set out herein;
General Prohibition/Notice of Trespass
Entry onto our Resorts other than in compliance with the terms and conditions of this Agreement constitutes a violation of and a trespass under the Trespass to Property Act.
Camping Unit Licenses
This license will detail the terms and conditions of your stay at our Resorts and will expire at License end Date.
You may use the resort including common areas subject to the terms listed herein on a limited and temporary basis for vacation and subject to the Term. This right to use shall be extended to up to four children and up to five invitees, subject to resort congestion. Acting in the best interest of the resort and its guests, Harmony reserves the unilateral right to restrict access at any time.
No person other than the Licensee and or an Invitee may use the property and under any circumstances without the express written consent of Harmony.
Licensee acknowledges and agrees that it shall be responsible for all damages, claims, losses, or any other all liabilities whatsoever caused by or as a result of the acts or negligence of their Children or any person who attends the Resort at the invitation of, or because of, the Licensee or their Children, or otherwise any person for whom they are at law responsible (in each such case, a “Invitee”). Refer to Rules and Regulations section for the applicable rules, limits and charges regarding Invitees.
In exchange for the License, the Licensee agrees to pay Harmony the Fees. Any services provided by Harmony in addition to those outlined in the Booking Confirmation, will result in additional fees being charged to the Licensee. All Fees owing shall be non-transferable and all Fees paid shall be non-refundable. During the Term, we reserve the unilateral right to increased your fees to allow for inflation, leasehold improvements of common areas and other unexpected circumstances that are beyond our control
All fees are due and payable when invoiced. Any overdue amount shall incur interest at the rate of 3.25%, per month, calculated daily, with a minimum overdue payment charge of $25 each month plus a $50 per month processing. Dishonoured cheques will be subject to a $50 fee. If the Licensee fails to pay any Fees within 30 days of when due Harmony may, in its sole and absolute discretion and upon delivery of written notice to the Licensee, terminate this Agreement or suspend any right or privileges of the Licensee until such time as the Fees are repaid in full. Any deposit or prepaid Fees paid by the Licensee shall be forfeited in such circumstances.
The Licensee shall pay the cost of all Utilities as and when invoiced to Harmony, based on actual consumption as measured and calculated by Harmony, or as estimated by Harmony in its discretion.
All deposits and prepaid Fees are non-refundable and are held against the final balance owing for any year. The deposit is forfeited as liquidated damages and not as a penalty upon breach of any term of this Agreement.
In addition to the foregoing, the Licensee 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 Vacation Property by or on behalf of the Licensee, which additional charges shall be payable immediately upon receipt of any notice or demand for payment received by Harmony and conveyed to the Licensee.
It is agreed by the parties that use of the Resort shall be for seasonal, recreational purposes for temporary periods of time only and as further restricted by periods of park closure. As well, during any use of the Vacation Property by the Licensee, the Licensee shall maintain a permanent residential premises elsewhere other than at the Resort that the Licensee have unlimited access to. The Licensee expressly acknowledges that zoning for the Resort prohibits the residential use of the Vacation Property in the Resort. The Camping Unit on site cannot and shall not be used as a permanent or principal residential or home address.
Only one (1) Camping Unit may be on the Vacation Property at any time.
Use of the Resort and the Vacation Property is permitted only during the Season, unless otherwise set out in the Rules and Regulations. Overnight use of the Resort and the Vacation Property during “off season” is strictly prohibited. The Licensee must obtain the written consent of Harmony in order to enter onto the Resort during the Off Season.
The Licensee and the Licensee’s Invitees shall not be permitted to enter the Resort until such time as Harmony is in receipt of: (i) all Fees due and owing by the Licensee hereunder by the scheduled due dates, (ii) proof all insurance required to be held by the Licensee hereunder, and (iii) a detailed profile completed on the guest online portal of the licensee along with identification.
Rules and Regulations
The Licensee acknowledges and confirms that he/she has reviewed and understands the Rules and Regulations herein. The Licensee agrees to comply with the Rules and Regulations at all times throughout the Term. The Licensee acknowledges that, notwithstanding any of the provisions of this Agreement, Harmony may amend the Rules and Regulation at any time and from time to time and, and such amendments will posted herein on our website.
THE LICENSEE ACKNOWEDGES THAT THE RULES AND REGULATIONS CONTAIN RULES INTEDED FOR THE SAFE ENJOYMENT OF ALL USERS OF THE RESORT. THE LICENSEE ACKNOWELDGES THAT HARMONY IS NOT RESPONSIBLE FOR ACTS OR OMMISSIONS OF ANY OTHER USER OF THE RESORT, INCLUDING WITHOUT LIMITATION HIS/HER FAILURE TO FOLLOW THE RULES AND REGULATIONS. Harmony assumes no responsibility for, nor shall it be named as liable for any loss suffered or incurred by a Licensee, Your Child, or Invitee, or any personal property belonging to any of the foregoing, including, without limitation, Camping Units, vehicles or personal contents, regardless of the cause, whether through fire, theft, Resort closures, or otherwise, or due to circumstances beyond control of Harmony including an “act of God”, flooding, power outages, contagion, forest fires, sewage or water system failures, nor shall Harmony be legally responsible in any way for collision or otherwise to Camping Units, additions, improvements or vehicles or their contents, regardless of cause. The Licensee agrees that the use of the Resort and the Vacation Property by the Licensee, their Children and the Invitees, is solely at their own risk. The Licensee, together with their heirs, executors, administrators, successors and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE Harmony, their agents, servants, successors and assigns (the “Released Parties”) 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 themselves, Children or Invitees HOWSOEVER CAUSED, arising or to arise by reason of occupation and use of the Vacation Property and the Resort or otherwise, whether prior to, during or subsequent to this Agreement AND NOTWITHSTANDING that the same may have been contributed to or occasioned by the negligence of any of the Released Parties. The Licensee further undertakes on their own behalf and on behalf of Children and Invitees to indemnify the Released Parties 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 Agreement.
The Licensee acknowledges and agrees to carry the insurance policies required in the Rules and Regulations, but in no event shall such coverage be less than fire, storm damage, and third party liability coverage of less than $1,000,000 per occurrence.
The Licensee hereby undertakes and agrees to abide by, and comply with, all provisions, terms and conditions of any applicable municipal, provincial or federal laws and regulations with respect to this Agreement. Any failure to do so by the Licensee, Their Children, or the Invitees, shall, at the option of Harmony, be deemed to be a breach of this Agreement and shall entitle Harmony to terminate this Agreement immediately, upon delivery of written notice to the Licensee, in which case, in addition to any other consequences of termination provided in this Agreement, the Camping Unit and all other property of the Licensee, Their Children and Invitees shall be removed from the Vacation Property and all their use and occupancy at the Vacation Property shall cease, with no refund of any deposit held by Harmony in respect of this License.
Term and Termination
The Licensee hereby authorizes and directs Harmony, upon termination of this Agreement for any reason, to act as the Licensee’s agent for the securing and/or removal of any of the Licensee’s Camping Unit, and all other property, from the above Vacation Property and Resort. Harmony shall not be liable for any damage incurred to the Camping Unit or personal property occasioned as a result of removal. All costs associated for the removal and cleaning shall be borne by the Licensee.
In the event of any default under this Agreement by the Licensee, including a breach of the Rules and Regulations, or any early termination of this Agreement by Harmony permitted or contemplated under this Agreement, and except where otherwise stated, Harmony may enforce any one or more of the following rights or remedies and in any order:
In the event of an operations shut-down or opening delay at the Resort imposed by governmental, public health or other regulatory authorities, including, without limitation, any shut-down or delays caused by the COVID-19 pandemic, all Fees payable by the Licensee hereunder shall nonetheless be payable in full, subject only to Harmony’s sole and exclusive exercise of discretion, which may be unreasonably exercised, in determining whether the Licensee’s Fees shall abate during the period of shut-down or delay, as the case may be.
In the event that the Vacation Property shall be repossessed under the terms of this Agreement, any goods, including any Camping Unit, that the Licensee or their Children or Invitees have left on the Vacation Property or the Resort shall be deemed to be an article as defined by the Repair and Storage Liens Act of Ontario, (hereinafter referred to as the “RSLA”), and may be removed by Harmony who shall be deemed to be a lien claimant and storer under the RSLA, to whatever location Harmony deems appropriate. Harmony shall not be responsible for any loss or damage to such goods as a result of such removal or storage. The Licensee 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 Harmony may recover costs and/or monies owing in accordance with the provisions of the RSLA.
If the Licensee shall become bankrupt during the Term, then all Fees due and owing by the Licensee together with the Fees for the three (3) months next ensuing shall immediately become due and payable, and this Agreement shall, at the option of Harmony, forthwith be terminated and such accelerated and additional Fees shall be recoverable by Harmony as if it were Fees in arrears.
Alterations and Sale
The Licensee may not alter the Vacation Property or any other part of the Resort, except as permitted by the Rules and Regulations. The Licensee shall be responsible for all fees and costs associated with any alteration, including without limitation, permits, licenses, insurance and legal fees on a full indemnity basis. The Licensee may not place any structures including docks without the express written consent of Harmony. Any and all alternations shall be fully compliant with all building codes and laws that may apply. All alternations shall become the property of Harmony, unless the Rules and Regulations provide otherwise. Required permits must be obtained prior to construction and provided to Harmony for approval. Working plans and specifications must be provided to Harmony for approval (in its discretion) for all proposed alterations and construction. Once such work is approved the Licensee shall provide Harmony a true copy of Worker’s Compensation coverage or liability insurance if self-employed. A construction deposit equal to the work being conducted will be paid to Harmony until the permit is closed. Harmony may require that, at the cost of the Licensee, a supervisor or representative of Harmony supervise all construction. In the event of any deficient workmanship, unreasonable delays or other failure of the Licensee to conduct the construction in a diligent, good and workmanlike manner and in accordance with all building codes and laws as aforesaid, and all pre-approved plans, specifications and permits, Harmony may at its option assume the construction and charge all costs thereof to the Licensee, plus a fifteen percent (15%) administrative fee, collectable as Fees hereunder.
The Licensee shall exercise such care as is reasonable in the maintenance of the Vacation Property during the Term, including ensuring that smoke and carbon monoxide detectors are installed and fully operational in trailers and structures on the site to ensure that Invitees are reasonably safe while on the Vacation Property and shall save Harmony harmless from any claims as a result of the failure of the Licensee to do so. This clause is included to exclude and modify Harmonys’ liability as described above and in accordance with the exclusion and modification permitted by the Occupiers Liability Act, Ontario.
The Licensee further agrees that while their Camping Unit and property of any nature is on the Vacation Property or Resort premises, they will not hire or permit any person or any company, other than Harmony, to perform any labour thereon or to make installation of equipment thereof; without the written approval of Harmony. The foregoing limitation is not intended to prevent the Licensee or their family from doing such work provided such work is done in accordance with Section 30 above.
The Licensee acknowledges that permanent structures of any kind are prohibited on the Vacation Property and the Licensee shall not claim to be Harmony of a permanent structure used or intended for use as living accommodation on the Vacation Property. It is agreed that if there is a finding by a court, tribunal or office of competent jurisdiction that there is permanent living accommodation located on the Vacation Property, or if such a claim is made by the Licensee, such claim or finding shall be good and valid grounds for termination of this Agreement.
The Licensee acknowledges and agrees that no sale of any Camping Unit shall be advertised or conducted on any Vacation Property, without the written consent of Harmony, and Harmony reserves the right, in its sole and absolute discretion, to act as the exclusive sales agent within the Resort with respect to the sale of any Camping Unit. If Harmony acts as the Licensee’s sales agent as aforesaid, Harmony shall be entitled to a 10% administration fee, to be held back by the buyer to pay Harmony directly. Further, the buyer of any Camping Unit must be pre-approved by Harmony and enter into a license agreement with Harmony on such terms and conditions as Harmony may require, and a $125 transfer fee plus HST, payable by the Licensee, shall apply and be paid as a condition of sale. The Licensee further grants Harmony first right of refusal of a bona fide offer to purchase any Camping Unit, which shall require that any such offer received by the Licensee first be submitted to Harmony before acceptance, and Harmony be given a period of five (5) business days to match such offer, in which case the Licensee shall sell the Camping Unit to Harmony instead of the offeror, on the same terms and conditions as contained in such offer. Specific Terms for selling your RV or Camping Unit are described further below.
The Licensee shall not register this Agreement, notice of this Agreement, or any other document related to this Agreement nor any notice of those documents against the title to the Vacation Property or Resort unless they have first obtained from Harmony approval in writing concerning the form and content of the document proposed to be registered. The foregoing shall not apply to the registration of a Charge/Mortgage of License provided the notice of the License which it secures has been approved for registration as set out herein. The Licensee will be responsible for payment to Harmony for it’s out of pocket expenses incurred in connection with its review and approval of such proposed registration.
Any notice, designation, communication, request, demand or other document required or permitted to be given or sent or delivered hereunder to any party hereto shall be in writing and shall be sufficiently given or sent or delivered if it is (a) delivered personally (which includes delivery by reputable courier) to such party or, if applicable, an officer or director of such party, (b) sent to the party entitled to receive it by registered mail, postage prepaid, mailed in Canada, or (c) sent by facsimile or email transmission. Notices, designations, communications, requests, demands or other documents to the Licensee shall be sent to the address in the Harmony Resorts reservation systems. The address for notification to the Licensee shall be at the permanent home address of the Licensee 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 Agreement shall be deemed to have been received five (5) business days after it is mailed by regular mail or immediately if delivered to an apparently adult person at the address. Notices, designations, communications, requests, demands or other documents to Harmony shall be sent to 61 Wildcat Rd, Toronto Ontario M3J 2P5, unless otherwise notified in writing.
The Licensee may not transfer or assign this Agreement or any or all of the rights, licenses, or privileges granted hereunder, in whole or in part, to any person or entity without the express prior written consent of Harmony.
A waiver of any one or more of the terms or conditions herein contained shall not be deemed to be a waiver of enforcement or compliance with 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. The Licensee agrees that Harmony shall not be required to monitor and demand enforcement of the terms of this Agreement in cases where the Licensee is not in compliance with this Agreement.
SELLING YOUR RV or CAMPING UNIT
RULES & REGULATIONS
Quiet Hours: Quiet hours are from 11:00pm until 8:00am. Please respect your neighbors, no noise after 11:00pm. Persistent and excessive noise will result in eviction. Foul and abusive language will not be tolerated.
Visitors: This License is based on a single family: Maximum 1-2 adults, registered to one Vacation Property and up to four of their children. Only one Camping unit is permitted per Vacation Property (no tents, extra camping vehicles). Registration of a Vacation Property is for one family only regardless of how many families own the Camping Unit. Visitors are required to register prior to park entry. The Licensee is responsible for the safety, good conduct and damage or loss of park property by themselves, their children and guests and/or Visitor(s) and are also responsible to inform their family and guests of the park rules. Harmony and/or Park Manager reserves the right to limit the number of Visitors allowed per site.
Lawn / Site Care: The Licensee must keep the Vacation Property clean, orderly and with acceptably maintained including lawn and grounds. Untidy lots will be addressed at the expense of the Licensee. The Licensee agrees that Harmony, its managers and staff shall have access to sites for the purposes of park maintenance, operations, servicing, repairs, development and supervision as required.
Litter: Do not litter within the Resort (including cigarettes).
Trees: Do not damage or trim any tree on the Resort, ie. No hooks, nails, etc. Tree trimming is subject to Harmony’s discretion and must be completed by only park staff (except in the case of shrubs and decorative trees located on your Site). Shrubs and/or trees planted by the Licensee become the property of the park and cannot be removed.
Pets: Pets are permitted at the Resort. Pets must be kept on a leash when on the Resort, including while on the Vacation Property. Cages/Pet Fences are allowed on the Vacation Property, upon written permission from Harmony, and such permission may be terminated or denied at the sole discretion of Harmony. The Licensee, their Children and Invitees are responsible for the friendly behaviour of their pets. Please be respectful and collect in a sealed bag and dispose of pet droppings in your garbage bin. Pets are not permitted inside community buildings, or recreational areas. The Licensee is solely responsible for any injury their pet causes to others and any damage their pet causes to the Vacation Site or Resort. “Pets” are defined as all animals such as cats and dogs. Harmony may, at their sole discretion, revoke this permission to a Licensee if the pet is deemed a nuisance due to noise or dangerous behaviour.
Alcohol, Cigarettes, Cannabis: Alcohol, cigarettes and cannabis must be kept on your Vacation Property. Impairment will not be permitted in the park. Do not drive while impaired. The Licensee shall not cultivate, produce or distribute cannabis anywhere on the Resort. Lawful consumption of alcohol or any other substance that may impair cognitive judgment and mobility, and the smoking of tobacco, cigarettes, or cannabis, is permitted on the Vacation Property only and is prohibited in all common areas of the Resort, unless otherwise permitted as designated herein; however, in the event that consumption or smoking on the Vacation Property is the subject of valid nuisance complaints by other Licensees or their visitors, as determined solely by Harmony, then Harmony may further restrict such consumption or smoking as deemed by Harmony to be appropriate
Storage: Small sheds are permitted on the Vacation Property, provided that the written approval of Harmony is obtained. Proper installation is required. Fees may apply based on size.
Roads / Parking: Speed limits, speed bumps & stop signs are posted for safe traffic movement and are strictly enforced. Inform your Invitees of our speed limit. If not posted, it is 5KPH. Watch for pedestrians and children. Do not drive on grassed areas other than your Vacation Property. No parking on open or neighboring sites. Invitees must park in designated parking areas (when available). Licensees are prohibited from having more than three vehicles remain on the properties overnight;
Exterior Changes: Site changes including but not limited to patio, concrete, wood, etc. or removal of same must be approved in writing by Harmonys, or its representatives. Trees, shrubs, patio stones, etc. placed on your Vacation Property become the property of Harmony and shall not be removed by anyone other than Harmony, or its representatives. Storage of items or collection of miscellaneous articles on the Vacation Property, which detracts from the appearance, will not be tolerated. No clotheslines. Fencing (including dog fences) must be approved by Harmony. No digging on the Vacation Property.
Lakefront Beach and/or Swimming Pool (if any): No lifeguards are on duty. Lake access and swimming in the Resort pool is at your own risk. Harmony, its managers and staff are not liable for any injury, including death, relating to the use by the Licensee, Their Children or Invitees of the lake, pools, the beach or trails. Campfires and barbeques are not allowed on the beach unless otherwise posted.
Garbage / Ashes / Dumping: Garbage must be put in plastic bags prior to being placed in designated garbage bin(s). Please remember to recycle! No bulk items should be placed into Resort garbage bin (mattress, chairs, tables, tv, etc.). Disposal of bulk items are the responsibility of the Licensee. Contact your local dump. Please ensure your fireplace ashes are fully extinguished before disposal. Absolutely NO DUMPING in the forest areas.
Small Campfires: Where signs permit in our Resort, you may start a small controlled campfire. Campfires must be in pits located 5 feet away away from combustible materials as outlined by Provincial Fire and Rescue Authorities. Fire flames should be no greater than 12” and under control. Campfires must be put out with water and not left unattended. It is illegal to burn pressure treated lumber, only wood can be burned (no garbage, plastic, leaves). Fire ban restrictions may occur during our camping season. For updated fire ban information contact your local municipality
Municipality: In order to prevent the spread of invasive forest pests, remember to “buy local/burn local” for your firewood use.
Water Use: The Licensee is solely responsible for complying with water restrictions outlined by the local Municipality.
Vacation Property Usage: The Licensee may not transfer its Vacation Property and Camping Unit to another person, including family. Subletting, renting, leasing or loaning of Camping Units within the Resort is grounds for immediate eviction, unless registered with the Rent Share Management Program.. When your Camping Unit is absent from your Vacation Property advise Harmony, or its representatives. Harmony reserves the right to utilize open Vacation Properties at their discretion.
Upgrading Camping Unit: Harmony and its representatives are solely responsible for Vacation Property allocation. Harmony must approve potential new Camping Units. Camping Units entering the Resort must be 10 years or newer. Replacing or upgrading your Camping Unit may change your License status and Vacation Property location. Harmony must approve replacement or upgraded Camping Units in writing before entry into the Resort.
Watercraft/Utility Trailer Storage: Harmony may designate areas & fees for watercraft and trailers by giving notice to the Licensee, or they may be removed at the cost of the watercraft/ trailer Harmony.
Minors: All Children must be back on the Vacation Property no later than 11:00pm, unless accompanied by an adult.
Tents / Storage: No sleeping tents, gazebos, dining tents, etc. shall be erected on Vacation Property. You are solely responsible to move or relocate your camping unit for any reason whatsoever including all costs associated with the move. You may not locate your Camping Unit on another Vacation Property. In times of potential flooding and where your Camping Unit may need to be moved, please consult the Park manager for a suitable relocation, which may not be available.
Note: This is a seasonal agreement. Harmony, its managers and staff may renew, cancel, and evict a Licensee, Their Children or an Invitee and their property if the Licensee, Their Child or Invitee does not comply with said rules and regulations listed herein. Renewal, cancellation and eviction of a Licensee is at the sole and absolute discretion of Harmony.
Golf Carts: Only Electric golf carts are permitted, and must be insured. The site number of your Vacation Property must be affixed to the golf cart at all times. Gas-operated carts are not allowed. Carts that do not have lighting must not be driven in the Resort after sundown. The minimum age of unlicensed operators of golf carts in the Resort is 14. If your child is unlicensed in the province of Ontario, their actions when operating an unlicensed vehicle are your responsibility as a parent. Any parent allowing their unlicensed child 14 and over, hereby releases Harmony of any and all liability for any damage or loss of life that may be caused by the unlicensed driver. The Licensee further agrees that the child will understand their responsibility. Harmony does not give permission for children to operate unlicensed vehicles; this is up to the parents/guardians; however, Harmony reserves the right to confiscate unlicensed vehicles being operated in an unsafe manner and suspend indefinitely the operation of said unlicensed vehicle in the park.
Improvements: In order to secure a Vacation Property for the following year, you may be required to complete site upgrades or improvements which may include but are not limited to, the removal of certain structure(s), a Camping Unit wash, or otherwise. You will be informed of these requirements via email and/ or phone call.
Violations and Breach: A breach of any of these terms in this agreement, as determined by Harmony, at its sole discretion, is grounds for immediate termination. At the minimum, a $500 fee per infraction shall be billed to the Licensee.
Resort Season Opening and Closing:
Ancaster Springs March 1 to Dec 31
Huntsville Lagoons May 1 to October 1
Long Point Bay (formally Booth Harbour) May 1 to October 1
Jordan Valley May 1 to October 31
Grand Valley (Formally Summer Place) Some lots are March 1 to Dec 31 and others May 1 to October 31. See Resort Manager
Bluewater RVs May 1 to November 1. Year round January 1 to December 31
Crystal Beach (Formally Knights Hideaway) May 1 to October 31 Longer options available. Call Customer Service
Georgian Shores (Formally Fairview) April 15 to November 30. Longer options available. Call Customer Service
Hunstville Lagoons May 1 to October 31 Longer options available. Call Customer Service
Paudash Lake (Formally Anchorage Resort) May 1 to October 31. Longer options available. Call Customer Service
Stoney Lake (Formally Pilgrum’s Rest) May 1 to October 31. Longer options available. Call Customer Service
South Algonquin (Fomally Pinegrove) April 15 to March 31
Reids Lake May 31 to October 31. Longer options available. Call Customer Service