Terms

APPLICATION & AGREEMENT FOR WINTER /SUMMER STORAGE TERMS AND CONDITIONS

1. DEFINITIONS
“Agreement” means this Application and Agreement for Winter Storage and includes these Terms and Conditions.
“Car” means the vehicle described in the order, with any and all personal property of every nature, kind and description, including, without limiting the generality of the foregoing, credit cards and instruments, financial securities and cash, located in or upon the Car or located in the proximity of the Car and owned by or in lawful possession of the Licensee or any other person who has been permitted by the Licensee to use the Car or be in the vicinity of the Car;
“Claims” means any liability, loss, damages, costs and expenses (including legal fees), causes of action, actions, claims, demands, lawsuits or other proceedings;
“Indemnified Parties” means the Pantheon Garage and its respective directors, officers, employees and agents;
“Licensee” means the registered owner of the Car, the lessee of the Car, the duly authorized agent of the owner of the Car or any other person who has the permission of the owner to be in possession of the Car;
“Pantheon Garage” means 14586212 Canada Inc. at Innovation Business Park, 1664 Joiner Road, Limoges, Ontario, K0A 2M0, Canada, a body corporate,
“Month” means any period of thirty (30) consecutive days;
“Season” means October 15th through April 15th for winter storage and April 15st through October 15th for summer storage.
“Storage Area” means the parking lot, storage lot, storage buildings at Pantheon Garage where the Car and other Cars and/or trailers are stored.
“Storage Facility” means the part of the Storage Area selected by the Pantheon Garage in its absolute discretion where the Licensee’s Car is stored;
“Term” means the period of time beginning on the Start Date identified on the order, and ending on the date the Car is released in accordance with clause 7.2.
“Worker” means contractor of any type hired by the Licensee to perform repair, improvement, or maintenance to the Car.

2. PROVISION OF STORAGE FACILITY
Subject to the terms of this Agreement, the Pantheon Garage shall allow the Licensee to store the Car in the Storage Facility.


3. USE OF STORAGE FACILITY
3.1 Access: Access to the Storage facility is limited and can be accessed upon request. Licensees will not be granted access to the Storage Facility without requesting access first.
3.2 Supervision and security: Pantheon Garage provides CCTV supervision over and in the Storage Area. The Storage Area is not accessible to the public.
3.3 Winterizing services: Pantheon Garage provides winterizing services upon request. Licensee is responsible for ensuring that all of the Car’s systems are prepared for storage.
3.4 Fuel stabilizer: The Licensee is responsible for electing to put fuel stabilizer into the Car..
3.5 Maintenance and repairs: The Licensee shall obtain the prior written approval of the Pantheon Garage for any painting, scraping or repairing of gear in the Storage Facility, Storage Area or elsewhere at Pantheon Garage. The extent of the repairs and/or maintenance to be made will be at the discretion of the Pantheon Garage. Before retaining and Workers to undertake any work on the Car in the Storage Facility, Storage Area, or at Pantheon Garage, the Licensee shall get approval in writing from the Pantheon Garage for the Workers to attend on specific days. Such approval is required for reasons of security and liability. If Workers attend on days not approved by Pantheon Garage, Pantheon Garage reserves the right to eject the Workers from Pantheon Garage or refuse entry to the Workers.
3.6 Refuse: The Licensee shall not leave refuse of any kind on the Car or at the Storage Facility, Storage Area or Pantheon Garage and shall deposit garbage and recycling in the bins supplied for that purpose. Charges for this service will be applied following.
3.7 Advertising: The Licensee shall not advertise or solicit in, on or from the Storage Facility, Storage Area or any other location at Pantheon Garage without prior written approval of the Pantheon Garage.
3.8 Storage of other materials: The Licensee shall not store supplies, accessories, debris, vehicles or other materials, chests or other structures, in the Storage Facility, Storage Area or in any other location in Panteon Garage.
3.9 Moving of Car by Pantheon Garage: The Pantheon Garage may move the Car for any reason. If the Pantheon Garage is required to move the Car, it shall take all reasonable care in doing so. The Indemnified Parties shall not be liable for any damage to the Car that may occur during the moving of the Car, unless such damage is caused by the Pantheon Garage’s negligence.
3.10 Assignment of Agreement/Sale of Car: Without the prior written approval of Pantheon Garage, the Licensee shall not assign this agreement or the use of the Storage Facility or any part of such interest, and shall not store or cause or allow to be stored at Pantheon Garage any Car, or trailer other than the Car and shall not transfer the Car to another storage facility in the Storage Area. If the Licensee sells the Car and the new owner wishes to keep the Car in storage at the Storage Facility, the Licensee shall give immediate written notice to Pantheon Garage of the change in name and registration and shall provide the Pantheon Garage with a copy of the Application & Agreement for Winter Storage signed by the new owner.
3.11 Conduct toward Pantheon Garage staff or other persons: The Licensee shall not engage in any improper conduct towards employees or any other person at Pantheon Garage, including but not limiting to: (a) harassment, (b) conduct that may be considered threatening, including but not limited to yelling, and use of profane language, (c) any disorderly, indecorous or other inappropriate conduct that has endangered or might endanger safety, has injured or might injure any person, has caused or might cause damage to the property, or has harmed or might harm the reputation of Pantheon Garage. For the purposes of this section, harassment includes course of vexatious comment or conduct, based on one or more of the prohibited grounds (race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex orientation, age, marital status, same-sex partnership, family status or disability) under the Human Rights Code, R.S.O. 1990, c.H.19, as amended.

4. FEES & PAYMENTS
4.1 Payment of fees: The Licensee shall pay all fees identified in the order in full.
4.2 Payment of other costs: Pantheon Garage will invoice Licensee under this agreement. The Licensee shall pay all invoices within thirty (30) days of receipt of the invoice.
4.3 Debts: If Licensee fails to pay an amount invoiced by or otherwise demanded by Pantheon Garage, such amounts will be a debt due owing to the Pantheon Garage by the Licensee and the Licensee shall pay such debts immediately demanded by Pantheon Garage. If no demand is made, such debts become due and payable without demand upon the termination or expiration of this Agreement.

5. SIGNING & DOCUMENTATION
5.1 Signing: This Agreement is not valid unless validated during the online order process.
5.2 Documentation: On approval of this Agreement, the Licensee shall provide to Pantheon Garage the following written documentastion to the satisfaction of the Pantheon Garage: a) a certificate of registration of the Car; b) a valid Certificate of Insurance and a renewal replacement as may be necessary for the Car, confirming the insurance requirements and stating any pertinent exclusions as applicable, contained by the policy; and c) an agency agreement between the registered owner of the Car and the authorized agent, where the Licensee is an agent of the registered owner of the Car, showing the authority of the authorized agent to fulfill all obligations under this Agreement; or d) a leasing agreement between the registered owner of the Car and the lessee, where the Licensee is a lessee of the Car.



6. LIABILTY
6.1 Assumption of risk and limitation of liability: This Agreement is for the provision of a storage facility only, and the storage services, equipment and other facilities are to be used entirely at the risk of the Licensee and any partner, director, officer, employee, agent, contractor, lessee, passengers, crew, and guests of the Licensee. The Indemnified Parties shall not be liable for the care or protection either of the Car or of the Licensee, or of any partner, director, officer, employee, agent, contractor, passenger, crew or guest of the Licensee, or for any loss, theft, damage, injury (including death) occasioned to the Car or person of the property of the Licensee, or of any partner, director, officers, employees, agents, contractors, passenger, crew or guest of the Licensee howsoever caused.
6.2 Indemnity: Licensee shall indemnify and hold harmless the Indemnified parties from and against the Claims, by whomever made, sustained or brought, including for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributed to anything done or omitted to be done by the Licensee, its partners, directors, officers, employees, agents, contractors, lessees, passengers, crew or guests in the course of using the Storage Facility or Storage Area or any of the Pantheon Garage services, equipment, or other facilities used by the Licensee, or by its partners, directors, officers, employees, agents, contractors, passengers, crew or guests.
6.3 Insurance: The Licensee shall put into effect and maintain for the duration of this Agreement, at its own costs and expenses, with insurers acceptable to Pantheon Garage, complete coverage insurance for the Car including Protection & Indemnity, to an inclusion limit of not less than $1,000,000 per occurrence. The Policy is to include mention of storage at Pantheon Garage address. The Licensee shall provide Pantheon Garage with proof of its coverage when the Licensee signs this Agreement and when the insurance is renewed.

7. TERMS & TERMINATION
7.1 Term: The Agreement shall be in effect for the Term, unless terminated earlier in accordance with this agreement.
7.2 Removal of Car on release date: The release date is determined by the storage service purchase unless another date is requested by the Licensee and approved by Pantheon Garage.
7.3 Removal of Car after release dates: If the Licensee has not satisfied the conditions precedent set out in clause 7.2 paragraph 2 or for any other reason fails to take possession the Car on the Release Dates, this Agreement shall continue month to month in accordance with section 7.9 until such times as all fees are paid and the Car is removed from Pantheon Garage, the car may be moved outside during that time if required.
7.4 Termination by Pantheon Garage without cause: The Pantheon Garage may terminate this Agreement on fifteen (15) Days’ written notice without cause and without liability.
7.5 Termination by Pantheon Garage for breach or improper conduct: Without fault or liability, the Pantheon Garage may terminate this Agreement: 7.5.1 on one (1) days’ written notice to the Licensee where, in the sole opinion of Pantheon Garage, the Licensee, or any partner, director, officer, employee, agent, contractor, lessee, passenger, crew or guest of the Licensee has breached and term of this Agreement. 7.5.2. Immediately upon giving notice where, in the sole opinion of the Pantheon Garage, the Lessee or any of its partners, directors, officers, employees, agents, contractors, lessees, passengers, or guests engage(s) in: (i)any illegal conduct; (ii) any conduct toward Pantheon Garage employees or any other person that may be considered threatening, including but not limited to yelling and use of profane language; or (iii) any disorderly, indecorous or other inappropriate conduct that has endangered safety, has injured or might injure any person, has caused or might cause damage to the Pantheon Garage property or has harmed or might harm the reputation of the Pantheon Garage.
7.6 Consequences of termination by Pantheon Garage: On termination under clause 7.4 or 7.5, Pantheon Garage may evict or remove the Car, its licensee and any partner, director, officer, employee, lessee, contractors, passenger, and guest of the Licensee from the Storage Facility, Storage Area or elsewhere at Pantheon Garage at the Licensee’s expense and risk and retake possession of the Storage Facility. Any outstanding fees shall be immediately payable to Pantheon Garage.
7.7 Termination by Licensee: The Licensee may terminate this Agreement at any time by giving fifteen (15) day’s written notice to Pantheon Garage. No part of the monetary consideration for this Agreement will be returned to the Licensee in the event of termination under this clause.
7.8 Removal of Car on early termination: Upon any termination of this Agreement under clause 7.4, 7.5 or 7.7, unless the Car has been removed in accordance with clause 7.6, the licensee shall remove the Car from the Storage Facility, Storage Area and Pantheon Garage by 4 p.m. on the effective date of termination. If licensee fails to remove the Car by this time, the Licensee shall be liable for all costs incurred by Pantheon Garage in relation to the continued storage of the Car or the moving of the Car by Pantheon Garage, including, but not limited to any labor, equipment and transport costs. At any time after 4 p.m. on the effective date of termination, Pantheon Garage may in its absolute discretion move the Car at the Licensee’s expense to another place of storage within Pantheon Garage or elsewhere. The Licensee shall pay all amounts owing as liquidated damages, expenses and storage fees to Pantheon Garage immediately upon demand. Any outstanding amounts shall be a debt and owing from the Licensee to Pantheon Garage under this Agreement and Pantheon Garage shall have a lien against the Car in respects such amounts owing as liquidated damages, expenses, and storage fee, in accordance with clause 8.3 of this agreement.
7.9 Monthly agreement extension: If the Licensee has elected to have a monthly agreement, or if a monthly agreement has resulted under clause 7.3, and the Licensee wishes to extend the monthly agreement, the Licensee shall give the Pantheon Garage notice at least one week in advance of the expiry of the Agreement. The Pantheon Garage may either arrange such extension on such terms as monthly rates for the extension as it deems proper or may, in its discretion, refuse such an extension.

8. GENERAL PROVISIONS
8.1 Relationship of Parties: This is an Agreement for the provision of a storage facility and the provisions of this Agreement do not constitute nor shall they be construed to constitute an employment relationship, in agency relationship, or a partnership or joint venture between the parties.
8.2 No bailment: The Agreement is not an agreement of bailment, the Licensee is not the bailor of the Car nor is Pantheon Garage the bailee of the Car. At all material times as between the Licensee and the Pantheon Garage, the Car shall be and shall be deemed to be in the possession of the Licensee notwithstanding that Pantheon Garage may, as provided in this Agreement, move or otherwise handle the Car and any such moving or handling shall be deemed not to take the Car out and any such moving or handling shall be deemed not to take the Car out of the possession of the Licensee.
8.3 Lien: Pantheon Garage may place a lien against any Car for amounts due in respect of the use of the Storage Area, the cost of repairs for any damage caused to Pantheon Garage property by the Licensee, or any partner, director, officer, employee, agent, lessee, contractor, Worker, passenger, crew, and guest of the Licensee, and for any other debt of the Licensee due to Pantheon Garage under the terms of this Agreement. Pantheon Garage may give notice of the lien to the Licensee, subject to the Repairs and Storage Liens Act, R.S.O. 1990, c R.25, as amended.
8.4 Force Majeure: Neither party shall be liable to the other party for any failure to comply with or any delay in the performance of terms of this Agreement where such failure or delay, directly or indirectly or in whole or in part arises from an event beyond its reasonable control such as (but not limited to) natural disasters, acts of war, insurrection, terrorism, or action taken by governmental authority in hindering or defending against such occurrences, strikes, slowdowns, lockouts, or other labour or employee interruptions or disturbances, whether involving employees of Pantheon Garage or of any other person over which Pantheon Garage has no reasonable control. A party seeking to rely on the provisions of this section may do so only if notice in writing identifying the event relied on and the date of occurrence is given to the other party within five (5) days of the occurrence of the event.
8.5 Waiver: No failure by either party to exercise any right under this Agreement or to insist upon full compliance by the other party with its obligations under this Agreement will constitute a waiver of any provision of this Agreement.
8.6 Survival: Clauses 3.4, 3.5, 3.6, 4.3, 6.1, 6.2, 7.2, 7.6, 7.8, and section 8 shall survive the expiry or termination of this Agreement.
8.7 Entire agreement/amendments: This Agreement constitutes the entire agreement between Pantheon Garage and the Licensee with respect to the storage of the Car at the Storage Facility and supersedes all other prior agreements, communications and understandings, both written and oral. This Agreement may not be amended or modified unless in writing and signed by both parties.
8.8 Governing law: This Agreement and all disputes or other matters arising out of it shall be governed by and construed in accordance with laws of the Province of Ontario and the applicable federal laws of Canada. Both parties shall attorn to the jurisdiction of the courts of the Province of Ontario.