Business information

These terms apply to visits to Santa’s Log House at:

Property address:
6001 Line 8 North
Moonstone, Ontario
L0K1N0

Legal business operator:
John Douglas Taylor & Denise Margaret Taylor, carrying on business as Santa’s Log House

Registered property owner or owners:
John Douglas Taylor & Denise Margaret Taylor

Email: nick@santasloghouse.ca
Website: www.santasloghouse.ca

In this agreement, “Santa’s Log House” includes the legal business operator, the property owners and the people authorized to operate or assist with the experience.

The experience

Unless the booking confirmation states otherwise:

• each booking includes one private 15-minute visit;
• the base price is $70 for up to four people;
• additional visitors are $10 each;
• all visitors, including babies and children, count toward the total number of visitors;
• visits are by confirmed appointment only;
• no walk-ins are permitted; and
• any applicable taxes or additional charges will be shown before the booking is completed.

Guests supply and operate their own telephone, camera or other photography equipment.

Santa’s Log House does not provide professional photography services unless professional photography is expressly included in the booking confirmation.

Any photographer or other adult accompanying a group is considered an adult visitor and must personally accept the Adult Visitor Waiver.

The booking customer

The person making the booking must:

• be at least 18 years old;
• provide accurate booking and contact information;
• accurately state the number of adults, children and dogs attending;
• identify or account for every adult who will attend;
• provide these terms and all visitor rules to the members of the group;
• ensure that every adult visitor personally accepts Part B before entering the visitor areas;
• ensure that the adult responsible for each dog accepts Part C;
• ensure that each child is supervised by a parent, legal guardian or responsible adult who accepts Part D; and
• notify Santa’s Log House of any relevant accessibility, allergy or safety requirements before the appointment.

Acceptance by the booking customer does not replace the individual Adult Visitor Waiver required from every other adult.

Private residential property

Santa’s Log House operates on private residential rural property.

Visitors may attend only for their confirmed appointment and may enter only designated:

• parking areas;
• entrances and exits;
• waiting areas;
• paths and walkways;
• photography and visitor areas; and
• washroom or other facilities expressly made available to visitors.

Visitors must not enter private rooms, storage areas, outbuildings, work areas, animal areas or other restricted parts of the property unless expressly permitted by an authorized representative of Santa’s Log House.

Visitors must leave the property promptly when their appointment has ended unless otherwise directed.

Children

Every child must be supervised continuously by a parent, legal guardian or responsible adult.

The supervising adult must ensure that children:

• remain within designated visitor areas;
• do not run indoors or on stairs, decks, porches, paths, parking areas or slippery surfaces;
• do not climb on Christmas trees, furniture, railings, decorations, displays or other objects not intended for climbing;
• use sleds, sleighs, chairs, benches and other props only when invited and instructed;
• do not pull, move or play with lights, cords, branches, ornaments, stands or display components;
• do not enter restricted rooms or areas;
• remain away from fireplaces, heaters, candles, electrical equipment and hot surfaces;
• do not approach or touch a dog or other animal without the permission of the person controlling the animal;
• do not engage in rough play or unsafe behaviour; and
• follow all reasonable instructions given by Santa’s Log House.

Santa’s Log House may stop an activity or end a visit if a child cannot be safely supervised.

By accepting these terms, the supervising adult acknowledges the nature and conditions of the property and accepts responsibility for providing reasonable supervision.

Nothing in this agreement is intended to waive or remove an independent legal right belonging to a minor where Ontario law does not permit that right to be waived.

Dogs and other animals

Dogs are welcome at Santa’s Log House, subject to the following requirements.

6.1 Advance disclosure

The booking customer must disclose during booking, or as soon as reasonably possible afterward:

• that a dog will attend;
• the number of dogs attending; and
• any known behavioural, mobility, health or handling issue that could reasonably affect safety.

Santa’s Log House may limit the number of dogs attending a single appointment where reasonably necessary for safety, space or animal welfare.

6.2 Adult handler

Each dog must be controlled by a responsible adult handler.

The handler must:

• have sufficient strength and ability to control the dog;
• remain attentive to the dog throughout the visit;
• keep the dog within reach and under control;
• prevent the dog from approaching another person or animal without permission; and
• personally accept Part C of this agreement.

A child must not be treated as the sole person responsible for controlling a dog.

6.3 Leash or secure restraint

Dogs must remain on a secure leash, harness or suitable restraint at all times, including in:

• the driveway;
• parking areas;
• outdoor paths;
• entrances and exits;
• waiting areas; and
• indoor visitor areas.

A leash may be removed temporarily for a photograph only where:

• Santa’s Log House expressly permits it;
• the dog remains within a controlled photography area;
• the responsible adult remains immediately beside or within reach of the dog; and
• doing so does not create a safety risk.

The dog must be placed back on its leash or restraint immediately when directed.

6.4 Behaviour and condition

A dog must not attend if the owner or handler knows, or reasonably ought to know, that the dog:

• has uncontrolled aggressive behaviour;
• is likely to bite, attack, chase or menace a person or animal;
• cannot be safely controlled in an unfamiliar indoor or outdoor setting;
• has a contagious illness;
• is experiencing significant distress;
• is not sufficiently house-trained for an indoor visit; or
• presents another material safety or animal-welfare concern.

The owner or handler must comply with all applicable:

• licensing requirements;
• vaccination requirements;
• leash and control requirements;
• muzzle requirements;
• court or municipal orders; and
• other laws applying to the dog.

The owner or handler must bring and use a muzzle where legally required.

6.5 Other dogs, resident animals and wildlife

Visitors understand that:

• resident dogs may live on the property;
• service animals or other guest dogs may be present;
• animals may be encountered in parking, entrance or outdoor areas;
• local wildlife, birds and insects may be present; and
• no animal can be guaranteed to react predictably in every situation.

A guest dog must not interact with a resident dog, another guest’s dog, a service animal or wildlife unless the interaction is expressly permitted and controlled by the responsible adults.

Santa’s Log House may:

• stagger the arrival or departure of dogs;
• require distance between animals;
• use separate entrances or waiting areas;
• secure resident dogs away from designated visitor areas;
• direct that a dog remain outdoors or in a vehicle where weather and safety permit;
• stop an animal interaction; or
• end a visit where reasonably necessary for safety.

6.6 Service animals

Service animals will be accommodated in accordance with applicable law.

A visitor attending with a service animal is encouraged to notify Santa’s Log House before the appointment so that resident animals can be secured and appropriate arrangements can be considered.

A service animal must remain under the care and control of its handler, subject to applicable accommodation requirements.

6.7 Waste, cleaning and damage

The owner or handler must:

• bring appropriate waste bags;
• immediately clean up and remove animal waste;
• notify Santa’s Log House of any indoor accident;
• prevent the dog from chewing, scratching, marking or damaging the property;
• prevent the dog from jumping on people, furniture, displays or decorations unless expressly permitted; and
• pay the reasonable cost of cleaning, repair or replacement for damage caused by the dog.

6.8 Removal of a dog

Santa’s Log House may refuse entry to or require the immediate removal of a dog that:

• displays aggressive, threatening or uncontrolled behaviour;
• repeatedly barks or disrupts the experience;
• causes damage;
• is not securely restrained;
• appears ill or severely distressed;
• interferes with another visitor, child, service animal or dog;
• cannot be safely accommodated in the available space; or
• creates a reasonable safety or animal-welfare concern.

Where a visit is ended because the dog owner or handler failed to disclose a known issue, control the dog or follow reasonable instructions, no refund will be required except where otherwise required by law.

Rural, winter and property conditions

Santa’s Log House is located on a rural property and in a historic log home.

Visitors understand that the property may include:

• snow and ice;
• freezing rain;
• water, slush and mud;
• uneven or slippery surfaces;
• gravel, grass and tree roots;
• potholes and changes in elevation;
• stairs, steps and thresholds;
• decks, porches and railings;
• narrow or uneven walkways;
• historic floors, beams, ceilings and door frames;
• limited lighting in certain outdoor areas;
• moving vehicles and pedestrians in the driveway or parking area;
• Christmas trees and seasonal displays;
• electrical cords, lights and lighting equipment;
• furniture, stands, ornaments and decorations;
• sleds, sleighs, benches and other props;
• fireplaces, heaters, candles, smoke or hot surfaces, where present;
• resident animals, visiting animals, wildlife, birds and insects; and
• changing or severe weather.

Visitors must use reasonable care and dress appropriately for the conditions.

Visitor safety requirements

Visitors must:

• wear footwear suitable for winter, rural and potentially slippery conditions;
• use handrails where available;
• walk carefully;
• avoid running, jumping and rough play;
• use props, furniture and displays only as instructed;
• keep children and dogs under continuous supervision;
• avoid sitting, standing or climbing on an object unless expressly permitted;
• immediately report any spill, obstruction, damage or unsafe condition;
• immediately report any injury or animal incident; and
• follow all posted rules and reasonable safety instructions.

Visitors must not attend or continue with the visit where weather, footwear, mobility, health or another personal circumstance makes attendance unsafe for them.

Santa’s Log House may relocate, modify, delay, shorten or cancel part of a visit where reasonably necessary for safety.

Behaviour

Visitors must treat Santa, Mrs. Claus, other performers, staff, volunteers, contractors, animals, other visitors, the home, displays and personal property respectfully.

Santa’s Log House may refuse entry or immediately end a visit where a visitor:

• behaves aggressively, abusively, threateningly or dangerously;
• harasses or intimidates another person;
• appears intoxicated or impaired;
• fails to supervise a child;
• fails to control a dog;
• enters a restricted area;
• intentionally or negligently damages property;
• interferes with an animal;
• refuses to follow a reasonable safety instruction; or
• materially disrupts another booking or the operation of the experience.

Where a visit is ended because of a visitor’s conduct, no refund will be required except where otherwise required by law.

Health and illness

A person should not attend if they are experiencing:

• vomiting;
• diarrhea;
• fever;
• a known contagious illness; or
• symptoms that could reasonably expose other visitors or staff to illness.

A dog should not attend if it has a known or suspected contagious illness.

Where notice is provided before the appointment, Santa’s Log House may offer rescheduling in accordance with the rescheduling policy.

Visitors are responsible for notifying Santa’s Log House in advance of any relevant allergy, accessibility, medical or safety requirement that could reasonably affect the visit.

Santa’s Log House cannot guarantee that the property is free of:

• animal dander;
• pollen;
• dust;
• smoke;
• fragrances;
• food allergens; or
• other environmental allergens.

Arrival and late attendance

Visitors must arrive no earlier than five minutes before the scheduled appointment unless otherwise instructed.

A late arrival may receive a shortened visit.

The visit will normally end at the originally scheduled time so that later appointments are not delayed.

Failure to attend without notice is treated as a missed appointment.

Payment and booking confirmation

Full payment is required to confirm a booking.

Before completing the booking, the customer will be shown:

• the date and time of the visit;
• the number of visitors included;
• the number of dogs disclosed;
• the base price;
• additional visitor charges;
• applicable taxes or other charges;
• the total amount payable;
• the payment method;
• the cancellation and rescheduling terms; and
• the required agreements.

The customer will have an opportunity to review and correct booking information before submitting payment and final acceptance.

A booking confirmation and a copy of, or access to, the accepted version of these terms will be sent to the email address supplied by the customer.

The customer is responsible for checking the booking confirmation and promptly reporting an error.

Customer cancellations and rescheduling

Except where otherwise required by law:

• customer cancellations are non-refundable;
• one rescheduling request may be made with at least 48 hours’ notice;
• a replacement date is subject to availability;
• a request made with less than 48 hours’ notice may be declined;
• a missed appointment is non-refundable; and
• a late arrival does not entitle the customer to a refund or extension.

Santa’s Log House may make a reasonable exception for:

• illness;
• a serious emergency;
• dangerous travel conditions; or
• another exceptional circumstance.

An exception made in one case does not require the same exception in another case.

Cancellation, delay or modification by Santa’s Log House

Santa’s Log House may cancel, delay, shorten, relocate or reschedule a visit because of:

• dangerous weather;
• unsafe snow or ice conditions;
• property damage;
• illness or emergency;
• a power, heating, water or equipment failure;
• fire, flood or natural disaster;
• government or emergency orders;
• the unexpected unavailability of a performer;
• an animal-related safety concern; or
• another event beyond the reasonable control of Santa’s Log House.

Where Santa’s Log House cancels a visit and cannot provide the booked experience, the customer will be offered:

a rescheduled appointment; or
a refund of the amount paid for the cancelled visit.

Santa’s Log House is not responsible for indirect expenses such as travel costs, accommodation, clothing, equipment rentals, lost income or other incidental expenses, except where otherwise required by law.

Photographs and recordings taken by visitors

Visitors may take photographs and video of:

• themselves;
• members of their own group;
• Santa, Mrs. Claus and other participating performers; and
• the designated Santa experience and displays.

Visitors must not intentionally photograph or record another family, child or visitor without permission.

Visitors are responsible for:

• their own camera, telephone and equipment;
• operating their equipment safely;
• securing and backing up their files;
• memory-card or storage capacity;
• image selection;
• lighting and camera settings;
• positioning their group safely; and
• ensuring that taking photographs does not obstruct walkways or distract them from supervising a child or dog.

Santa’s Log House does not guarantee:

• that every child, adult or dog will cooperate;
• a particular expression, pose or reaction;
• a minimum number of usable photographs;
• specific lighting or photographic conditions;
• compatibility with a visitor’s equipment;
• professional-quality photographs;
• uninterrupted operation of a visitor’s device; or
• replacement of images lost through equipment, storage or user error.

Photographs and recordings may be used for personal, family and ordinary personal social-media purposes.

Commercial advertising, paid publication, resale, merchandising or misleading commercial use of images prominently featuring Santa’s Log House, Santa, Mrs. Claus or other performers requires prior written permission.

Promotional photographs taken by Santa’s Log House

Santa’s Log House will not intentionally publish an identifiable visitor’s photograph or video for promotional purposes without separate express consent under Part E.

Promotional media consent:

• is optional;
• is not required to book or attend;
• must not be preselected;
• may be refused without penalty; and
• may be subject to stated limitations provided by the consenting person.

Incidental background images will be handled reasonably, with particular care where children are identifiable.

Property damage

The person responsible for damage must pay the reasonable cleaning, repair or replacement cost of property intentionally or negligently damaged by:

• that person;
• a child under that person’s supervision;
• a dog or other animal under that person’s control; or
• another member of the booking where that person caused or knowingly permitted the damage.

The booking customer may also be responsible where the damage results from the customer’s own failure to disclose relevant information, communicate the visitor rules or provide agreed supervision.

Ordinary wear and accidental damage that did not result from a failure to use reasonable care will be assessed reasonably.

Parking and personal belongings

Parking is provided only as a convenience and only for the duration of the appointment.

Visitors must:

• follow parking instructions;
• drive slowly;
• watch for pedestrians, children, dogs and winter conditions;
• avoid blocking entrances, exits or other vehicles; and
• secure their vehicle and belongings.

Vehicles and personal property remain under the owner’s care.

Santa’s Log House is not responsible for theft, loss or damage to vehicles, cameras, telephones, clothing, gifts, pet equipment or other belongings except to the extent liability cannot lawfully be excluded.

Accessibility

Santa’s Log House is located in a historic rural building.

The property includes:

• natural and uneven outdoor surfaces;
• gravel;
• snow and ice during winter;
• thresholds;
• stairs and steps;
• narrow or historic entrances; and
• areas that are not fully barrier-free.

A visitor requiring accommodation should contact Santa’s Log House before booking or as early as reasonably possible.

Santa’s Log House will discuss available arrangements and reasonable accommodation in accordance with applicable law. The availability of a specific accommodation may depend on the physical characteristics and safety limitations of the property.

Privacy

Booking and visitor information will be handled in accordance with the Santa’s Log House Privacy Policy.

Information may be collected, used or retained as reasonably necessary to:

• manage the booking;
• process or confirm payment;
• communicate with the customer;
• provide weather, safety or schedule updates;
• arrange requested accommodation;
• identify adults who accepted the waiver;
• document agreement acceptance;
• respond to an injury, animal incident or property damage;
• maintain legally required business records; and
• respond to a complaint, insurance matter or legal dispute.

Santa’s Log House will not sell visitor personal information.

Photographs and recordings will be handled separately under Part E and the Privacy Policy.

Emergency assistance and incidents

If emergency assistance is reasonably required, visitors authorize Santa’s Log House to:

• contact emergency services;
• provide available information to emergency responders;
• take reasonable immediate safety measures; and
• contact the emergency person identified by the visitor, where available.

Each visitor remains responsible for their own medical, ambulance, veterinary, transportation and related expenses except to the extent another person is legally responsible.

Every injury, dog bite, animal incident, fall or significant property damage must be reported to Santa’s Log House before leaving the property, where reasonably possible.

Reporting an incident does not constitute an admission of liability by any person.

Adult Visitor Waiver requirement

Every visitor who is 18 years of age or older must personally accept Part B before entering the designated visitor areas.

An adult who refuses to accept Part B will not be admitted.

Any refund resulting from refusal to accept the waiver will be governed by:

• whether the waiver requirement was disclosed before payment;
• the cancellation terms;
• the circumstances of the refusal; and
• applicable law.

Applicable law and consumer rights

These terms are governed by the laws of Ontario and the applicable laws of Canada.

Nothing in these terms removes or restricts a consumer right or legal remedy that cannot lawfully be waived.

If any provision is found invalid or unenforceable, it will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.

No oral statement changes these terms unless Santa’s Log House confirms the change in writing.

Released Parties

In Part B, the “Released Parties” means:

• John Douglas Taylor & Denise Margaret Taylor, carrying on business as Santa’s Log House;
• John Douglas Taylor & Denise Margaret Taylor;
• Santa’s Log House;
• the owners and occupiers of 6001 Line 8 North, Moonstone, Ontario;
• Santa, Mrs. Claus and any other performers;
• their respective family members;
• their respective employees, volunteers, contractors, photographers, agents and representatives;
• their respective successors and assigns; and
• their respective insurers, where applicable.

Activities covered

This waiver applies to my entire attendance at Santa’s Log House, including:

• entering and leaving the property;
• driving or parking on the property;
• walking through parking and visitor areas;
• using outdoor paths, steps, decks, porches and walkways;
• using indoor floors, stairs, thresholds and doorways;
• participating in the Santa visit and Christmas experience;
• sitting, standing or posing for photographs;
• using approved chairs, benches, sleds, sleighs, furniture, sets, displays and props;
• taking photographs or video;
• assisting a child or another visitor;
• bringing, handling or interacting with a dog;
• interacting with Santa, Mrs. Claus, staff, other visitors or animals;
• waiting before or after an appointment; and
• all activities reasonably connected with my attendance.

These activities are collectively referred to as the “Visit.”

Responsibility for my conduct

I agree to:

• follow all posted rules;
• follow reasonable instructions;
• remain within designated visitor areas;
• use props and displays only as instructed;
• avoid running, rough play and unsafe behaviour;
• supervise any child or dog under my care;
• immediately report an unsafe condition, injury, dog bite, animal incident or property damage; and
• leave the property if directed to do so for safety or behavioural reasons.

Children and animals under my supervision

Where I am responsible for a child or animal during the Visit, I agree to provide continuous and reasonable supervision and control.

I understand that Part B releases claims that belong to me, including claims I may have in my own right arising from an injury to another member of my group.

I do not represent that I can legally waive an independent claim belonging to a minor where Ontario law does not permit me to do so.

Indemnity for my own conduct

To the fullest extent permitted by law, I agree to indemnify and reimburse the Released Parties for reasonable losses, property damage, third-party claims and legal expenses to the extent caused or contributed to by:

• my negligence or misconduct;
• my breach of this agreement;
• my failure to follow a reasonable instruction;
• my intentional or negligent damage to property;
• my failure to reasonably supervise a child under my care; or
• the conduct of a dog or other animal under my ownership, possession or control.

This indemnity does not require me to indemnify a Released Party to the extent that the loss was caused by that Released Party’s own negligence and cannot lawfully be transferred to me.

Emergency assistance

If emergency assistance is reasonably required, I authorize the Released Parties to contact emergency services and provide reasonable immediate assistance.

I remain responsible for my own medical, ambulance, veterinary, transportation and related expenses, except to the extent another person is legally responsible.

Legal provisions

Part B is governed by the laws of Ontario and the applicable laws of Canada.

If any provision is found invalid or unenforceable, it will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.

Part B is the complete agreement concerning the release, waiver and assumption of risk. No oral statement changes it.

Dog owner or handler declarations

I confirm that:

• I am at least 18 years old;
• I am the dog’s owner or an adult authorized to possess and control the dog;
• I have disclosed any known behavioural or health issue relevant to safety;
• I have read and understood the dog requirements in section 6;
• I will maintain reasonable control of the dog at all times;
• I will prevent unauthorized interactions with children, adults or animals;
• I will follow all instructions concerning entry, exit, positioning and animal separation;
• I will immediately report a bite, scratch, escape, conflict, injury or property damage;
• I am responsible for cleaning up after the dog;
• I am responsible for reasonable cleaning, repair or replacement costs caused by the dog; and
• I will remove the dog immediately if directed for safety or animal-welfare reasons.

Dog-related risks

I understand that bringing a dog to an unfamiliar rural property and indoor photography setting may involve:

• stress or overstimulation;
• pulling or escape;
• slipping on floors, stairs, snow or ice;
• contact with decorations, furniture or props;
• barking or disruptive behaviour;
• bites, scratches or jumping;
• encounters with resident dogs, service animals, visiting dogs or wildlife;
• conflict between animals;
• illness or allergic reaction;
• injury to my dog;
• injury to another person or animal; and
• property damage.

I voluntarily assume the risks associated with bringing or controlling the dog, including the risk that another animal may behave unpredictably.

Dog-related responsibility and indemnity

To the fullest extent permitted by law, I accept responsibility for injury, loss or property damage caused or contributed to by the dog under my ownership, possession or control.

I agree to indemnify and reimburse the Released Parties for reasonable losses, third-party claims, property damage and legal expenses to the extent caused or contributed to by:

• the dog’s conduct;
• my failure to control the dog;
• my failure to disclose a known material behavioural issue;
• my breach of the dog requirements; or
• my failure to follow a reasonable animal-safety instruction.

This indemnity does not apply to the extent that a loss was caused by a Released Party’s own negligence and cannot lawfully be transferred to me.