MONTHLY PARKING TERMS AND CONDITIONS The following

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

MONTHLY PARKING TERMS AND CONDITIONS

The following terms and conditions constitute the Monthly Parking Agreement (Agreement):

1. Definitions: In this Agreement, capitalized terms shall have the meanings ascribed to them in Schedule “A” attached

hereto.

2. Parking Fees: Parking Fees are due in advance on the first (1st) day of each month. Any outstanding amounts will

accrue interest at a rate of two percent (2%) per month. Parking Fees are subject to change with at least a minimum

of thirty (30) days advance written notice from Calgary Parking. GST will be charged in addition to the Parking Fees.

3. Payment Method: Parking Fees may be paid through automatic bank withdrawals or pre-authorized payments made

on the Customer's credit card. The Customer shall be required to complete either the Banking Information section

or the Credit Card Payment Pre-Authorization section of this Contract and provide accurate information for

automatic bank withdrawals or pre-authorized credit card payments.

Any invalid or returned payments are subject to one or all of the following actions:

(a) An administrative fee of $25.00, which amount is subject to change by Calgary Parking without notice.

(b) Removal of the Customer’s Licence Plate(s) from the system which may result in enforcement actions being

taken by Calgary Parking, including ticketing and/or impounding of the vehicle for nonpayment of parking, at the

Customer’s sole risk and expense.

4. Parking Stall:

(a) Upon full payment of the Parking Fees, and subject to the rights and restrictions set out in this Agreement, the

Customer is permitted to park the Maximum Authorized in the Parking Lot.

(b) If a Reserved Stall has been assigned to the Customer, the Customer shall only park in their Reserved Stall.

overhead indicator light or a blue overhead indicator light if they are entitled to park in an Accessible Parking

Stall. If there are no overhead indicator lights in the Parking Lot, then the Customer may park in the designated

monthly parking area and, in the event there is no availability within the designated monthly parking area or

there is no designated parking area, then in any available Parking Stall.

(d) If there is no Parking Stall available in a parking lot with guaranteed availability, the Customer shall utilize the

intercom to speak with Security. If there is no intercom, the Customer shall contact Calgary Parking Security at

403-537-7006 to be provided with an alternate Parking Stall location. The City of Calgary will not be liable to the

Customer for any expenses incurred by the Customer in parking in an alternate parking lot, whether owned by

The City of Calgary or a third party, without first contacting Security in accordance with this section.

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

5. Permitted Access and Use:

(a) The Customer must use the Parking Lot for the sole purpose of parking a Listed Vehicle or Bicycle and for no

other purpose whatsoever. For clarity, the Customer must not use the Parking Lot or any Parking Stall for

commercial or recreational purposes.

(b) Regardless of the number of Licence Plates listed on a single Monthly Parking Agreement, the Customer must

only park the Maximum Authorized in the Parking Lot at any given time. If the Customer parks more than the

Maximum Authorized at any given time, the Customer will be charged the maximum daily rate for parking in a

Parking Stall for each Listed Vehicle parked in excess of the Maximum Authorized.

of this Agreement through the use of the Monthly Parking System website. Failure to do so before noon on the

day in which the vehicle is parked in a Parking Stall or Stalls may result in the ticketing and/or the impounding of

any vehicles that are parked in Parking Stalls and that are not Listed Vehicles at the Customer’s sole risk and

expense.

(d) A Motor Vehicle must not be backed into a Parking Stall unless it is an actively charging Electric Vehicle. If a non-

electric Motor Vehicle is backed into a Parking Stall, the Motor Vehicle may be ticketed and/or impounded at

the Customer’s sole risk and expense.

(e) The Customer acknowledges and agrees that a Listed Vehicle may be ticketed and/or impounded at the

Customer’s sole risk and expense if:

(i) the Customer has parked more than the Maximum Authorized in the Parking Lot at any given time;

(ii) the Customer has failed to update the Licence Plate(s) as contemplated by Section 5(c);

(iii) the Motor Vehicle is backed into a Parking Stall; or

(iv) the Customer fails to meet any other requirement set out in this Agreement.

(f) Additional rules of use may be posted at the Parking Lot. In addition to complying with the terms and conditions

of this Agreement, the Customer shall obey all signs, notices, instructions and rules posted at the Parking Lot.

Signs, notices, instructions, and rules may include, but are not limited to, speed restrictions, stop signs, yield

signs, height restrictions and parking restrictions.

6. Access Card: In conjunction with this Agreement, Calgary Parking may, in its discretion, provide the Customer with

an Access Card. The Customer understands and acknowledges that the Access Card shall at all times remain the sole

and exclusive property of Calgary Parking and must be returned by the Customer to Calgary Parking upon notice to

the Customer.

In addition to the foregoing, the Customer shall be required to return to Calgary Parking, at the Customer's sole

expense, any Access Card(s) in the Customer's possession within seven (7) calendar days of the termination of the

Agreement. All Access Card(s) must be returned, either by mail or courier, or in person, to the Calgary Parking

offices at 400 39 Avenue SE, Calgary, AB T2G 5P8.

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

Should a Customer require a new Access Card as a result of it being lost or damaged, Calgary Parking may issue a

new Access Card.

7. Parking Process: The process for parking in a parking lot with an overhead indicator lighting system is as outlined in

Schedule “B” attached to this Agreement.

8. Prohibited Use: Motor Vehicles powered by propane are permitted to use surface parking lots, Lot 25, City Centre

and Lot 62, Platform only and are prohibited from entering and using any other enclosed or underground parking

lots. The Customer is solely responsible to ensure that the Parking Lot is suitable for the Listed Vehicle. Listed

Vehicles which are unregistered, uninsured, pose a hazard or contain hazardous materials are strictly prohibited

from entering and using the Parking Lot. Any repair or maintenance of Listed Vehicles in the Parking Lot is also

prohibited, with the exception of repair or maintenance undertaken by Calgary Parking.

9. Accessible Parking Stalls: A Customer shall not park in an Accessible Parking Stall unless a valid and appropriate

permit is displayed at the front of the Motor Vehicle or on its Licence Plate. Any Listed Vehicle found parking in an

Accessible Parking Stall without a valid and appropriate permit displayed may be ticketed and/or impounded at the

owner’s sole risk and expense.

10. Motorcycle & Bicycle Parking:

(a) A Customer with a Motorcycle Monthly Parking Agreement shall park in Motorcycle designated parking areas. In

the event that all designated Motorcycle parking areas are occupied, the Customer is permitted to park in a

Parking Stall designated for a Motor Vehicle. When parking a Motorcycle in a Parking Stall designated for a

Motor Vehicle, the Customer shall park the Motorcycle in such a manner as to permit, at a minimum, a second

Motorcycle to utilize such Parking Stall. Motorcycles parked in a Parking Stall designated for a Motor Vehicle in a

manner considered by Calgary Parking, in its sole discretion, so as not to allow a second Motorcycle to park,

may be ticketed and/or impounded at the owner’s sole risk and expense.

(b) A Customer with a Motorcycle Monthly Parking Agreement shall use the Parking Lot for the parking of a

Motorcycle only. Any Customer found driving a vehicle not classified as a Motorcycle will be subject to one or all

of the following actions:

(i) Removal of the Customer’s Licence Plate(s) from the system which may result in enforcement actions being

taken by Calgary Parking, including ticketing and/or impounding of the vehicle for nonpayment of parking,

at the Customer’s sole risk and expense.

(ii) Cancellation of the Agreement in its entirety.

park the Bicycle in the Bike Cage. Customers are required to use a Calgary Parking-issued key fob for access.

Should a Customer require a new fob as a result of a fob being lost or damaged, Calgary Parking may issue a

new fob. It is strongly recommended that the Customer secure their Bicycle with a bicycle lock, which the

Customer is required to supply at their own expense.

11. Personal Injury, Property Damage and Indemnity: In the case of any personal injury or any damage to the Parking

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

Lot or to property of others, the Customer must immediately report the incident and any injuries or damages to

Calgary Parking Security at (403) 537-7006 or by email to monthlypar[email protected], and provide the information

requested.

The Customer is solely responsible for any damage, loss, injury or death caused by the Customer to the Parking Lot,

the property of others, other drivers or other users of the Parking Lot. The Customer shall indemnify, defend, and

save harmless Calgary Parking and its employees, officials, directors, officers and agents from and against any and

all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, legal fees, costs

and expenses of whatsoever kind in any manner directly or indirectly caused by or contributed to, in whole or in

part, by reason of error, omission, wrongful act, or fault, whether active or passive, of the Customer.

12. Limitation of Liability: Any Motor Vehicle, Motorcycle or Bicycle parked or operated in the Parking Lot shall be

parked or operated solely at the risk of the Customer.

Furthermore, in certain parking lots, Electric Vehicle (EV) charging stations may be available for use by electric

vehicles only. Any use of an EV charging station located in the Parking Lot is done solely at the risk of the Customer.

Calgary Parking shall not be responsible in any way for any power outages, power surges or ground faults at EV

charging stations, nor for any bodily injury or damage to property that may result from Customer's use of an EV

charging station located in the Parking Lot.

Calgary Parking, its employees, officials, directors, officers, agents or contractors, shall not be liable for any damage,

loss, injury or death caused to any Motor Vehicle, Motorcycle or Bicycle, the Customer, the Motor Vehicle,

Motorcycle or Bicycle operator or any other occupant thereof, or any other person unless such damage has resulted

from the gross negligence or willful misconduct of Calgary Parking, its employees, officials, directors, officers, agents

or contractors.

Calgary Parking, its employees, officials, directors, officers, agents, and contractors shall not be liable in any way

whatsoever in the event that any damage, loss, expense or inconvenience is caused by reason of any Motor Vehicle,

Motorcycle or Bicycle being removed, towed or impounded pursuant to the terms and conditions of this

Agreement.

13. Termination:

(a) Any of the following actions by the Customer constitutes a breach of the terms and conditions of this

Agreement, whether one or more exists:

(i) violating any terms or conditions of this Agreement;

(ii) defaulting on payment;

(iii) failure to update the Licence Plates listed in the Licence Plate List section of this Agreement; and,

(iv) repeated parking of more than the Maximum Authorized in the Parking Lot at any given time.

(b) In the event the Customer commits a breach of the terms and conditions of this Agreement as contained in

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

Section 13(a)(i) or (ii), Calgary Parking, in its sole and absolute discretion, may immediately and without notice:

(i) terminate the Customer’s Agreement and ban the Customer from holding another Monthly Parking

Agreement with Calgary Parking for a period of not less than two (2) years;

(ii) remove the Customer’s Motor Vehicle, Motorcycle or Bicycle from the Parking Lot and ticket and/or

impound the Customer’s Motor Vehicle, Motorcycle or Bicycle at the Customer’s sole risk and expense.

Recovery costs associated with the return of the Motor Vehicle, Motorcycle or Bicycle will be the sole

responsibility of the Customer; or

(iii) both (i) and (ii) above.

Section 13(a)(iii), (iv), or (v), Calgary Parking may with ten (10) days written notice:

(i) terminate the Customer’s Agreement and ban the Customer from holding another Monthly Parking

Agreement with Calgary Parking for a period of not less than two (2) years;

(ii) remove the Customer’s Motor Vehicle, Motorcycle or Bicycle from the Parking Lot and ticket and/or

impound the Customer’s Motor Vehicle, Motorcycle or Bicycle at the Customer’s sole risk and expense.

Recovery costs associated with the return of the Motor Vehicle, Motorcycle or Bicycle will be the sole

responsibility of the Customer; or

(iii) both (i) and (ii) above.

(d) Calgary Parking reserves the right to terminate this Agreement with a minimum of thirty (30) days advance

written notice to the Customer for any reason whatsoever.

14. Customer Termination: To terminate this Agreement, the Customer must cancel via the Monthly Parking System

website by clicking “cancel monthly parking” or “cancel stall”. The effective date of cancellation will be the end of

the same month in which the Customer cancelled the Agreement.

Customer's failure to timely request termination through the Monthly Parking Agreement website as aforesaid shall

result in the Agreement automatically renewing for an additional calendar month prior to termination.

15. Times of Use/Restrictions: The Customer acknowledges that they are guaranteed a Parking Stall pursuant to this

Agreement between the hours of 6:00 a.m. and 6:00 p.m. on any regular weekday but not on any weekends or

holidays. Outside of these designated hours, Parking Stalls are available on a first-come, first-served basis.

A parking lot may be open twenty-four (24) hours per day or as permitted by the parking lot signage. Hours of

operation for the Parking Lot are posted in and around the Parking Lot as well as on the Calgary Parking website.

Customers wishing to access the Parking Lot outside its hours of operation can use their Customer Access Card.

Calgary Parking reserves the right to modify the hours of operation of the Parking Lot without notice to the

Customer.

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

The Customer acknowledges that when Calgary Parking displays a “FULL” sign at the Parking Lot entrance, it means

Parking Stalls are not available as public Parking Stalls. A Customer with a Monthly Parking Agreement and a Listed

Vehicle may enter the Parking Lot to park in a Parking Stall.

With respect to parking at select locations, as identified on their lot page (https://www.calgaryparking.com/find-

parking/lots.html):

(i) Calgary Parking does not guarantee that Parking Stalls are available for Listed Vehicles or Bicycles; and

(ii) Parking at this Parking Lot is offered on a first-come, first-served basis only.

16. Long Term Parking: Should the Customer wish to park its Listed Vehicle in the Parking Lot for more than five (5)

consecutive calendar days, written notification must be given to Calgary Parking at monthlyparkin[email protected].

Failure to properly notify Calgary Parking may result in the ticketing and/or impounding of the Listed Vehicle at the

Customer’s sole expense and risk. Calgary Parking reserves the right to deny any request for extension beyond five

(5) calendar days.

17. Parkade Closures: Calgary Parking reserves the right to close the Parking Lot, without notice, in the event of an

emergency, civil disturbance, natural disaster, or other such event. No compensation to the Customer will be made

for loss of use of the Parking Lot. Where possible, Calgary Parking will provide the Customer with an alternate place

to park for the duration of the closure.

Calgary Parking also reserves the right to close the Parking Lot or a portion thereof, with prior notice, for special

events. In such a case, Calgary Parking will provide the Customer with an alternate place to park for the duration of

the closure, where possible.

18. Freedom of Information and Protection of Privacy: By providing information, the Customer consents to Calgary

Parking using the information to manage this Monthly Parking Agreement. Personal information is collected and

used by Calgary Parking as may be authorized by law, for the purposes of its operating programs and activities and

for law enforcement purposes under the authority of Sections 33 (b) and (c) of the Alberta Freedom of Information

and Protection of Privacy Act, as amended or replaced from time to time (FOIP). It may be also used to survey

citizens for the purpose of assessing Calgary Parking services over time. Any questions regarding the collection, use

or disclosure of personal information should be directed to the Calgary Parking FOIP Coordinator at

parkingFOIP@calgary.ca or by mail to the address set out in Section 24 of this Agreement.

19. Non-transferable: This Agreement is non-transferable and may not be assigned or transferred by the Customer.

Customer cannot re-sell or transfer their rights to park in the Parking Lot or Parking Stall(s) without express written

consent from Calgary Parking.

20. Amendments: No changes, exceptions or amendments can be made to this Agreement without the express written

permission of Calgary Parking. Calgary Parking can be reached at either monthlyparkin[email protected] or by mail to

the address set out in Section 24 of this Agreement.

21. Severability: If any provision of the Agreement is found by a court having jurisdiction to be invalid, illegal or

unenforceable, the other provisions of the Agreement shall not be affected or impaired. The offending provision

shall automatically be modified to the least extent necessary in order to be valid, legal and enforceable.

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

22. Governing Law: This Agreement shall be governed by and interpreted according to the laws in force in the Province

of Alberta and the federal laws of Canada applicable therein. The parties hereby attorn to the exclusive jurisdiction

of the courts in the city of Calgary in respect of all matters arising out of or in connection with this Agreement.

23. Notice:

(a) Notices to Calgary Parking must be given in writing and delivered by personal delivery mail, or email. The

address for notice is 620 - 9th Avenue SW Calgary, AB Canada T2P 1L5. The email address for notice is:

monthlyparking@calgary.ca.

(b) Where Calgary Parking is required to give written notice to the Customer, notice will be provided to the address

or email address listed in the “Contact Information” section of this Agreement. The Customer is responsible for

notifying Calgary Parking of a change in its mailing address and email address listed in the “Contact Information”

section of this Agreement and the Monthly Parking System.

24. Notice to Customer: Calgary Parking may provide notice to the Customer in any of the following ways: (a) mail or

email to the address noted in the “Contact Information” section of this Agreement, (b) posting notices or signs in

the Parking Lot, (c) posting notices on the Calgary Parking website at www.calgaryparking.com, or (d) any

combination of the preceding subsections (a)-(c).

25. General:

(a) Calgary Parking reserves the right to change the terms and conditions of this Agreement without notice to the

Customer.

(b) The Customer acknowledges having read and understood the Agreement and agrees to and accepts all the

terms and conditions hereof.

and warrants authority to bind the corporation. The corporation acknowledges and agrees it is responsible for

the individual parkers using the Parking Lots and Parking Stalls assigned to the corporate Customer by Calgary

Parking, and that the corporation agrees to and accepts all the terms and conditions of this Agreement.

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

Schedule A

DEFINITIONS

In this Agreement:

“Access Card” means a card, fob or other device provided by Calgary Parking to the Customer to enable the Customer to

have access to the Parking Lot specified in the Agreement;

“Accessible Parking Stall” means a Parking Stall that has been designated for use by a holder of an appropriate permit

or placard for persons with disabilities, and that is issued or recognized by the Solicitor General of Alberta;

“Agreement” means this Monthly Parking Agreement and any documents referenced herein;

“Bicycle” means a vehicle composed of two or three wheels held in a frame, propelled by pedals and steered with

handlebars attached to the front wheel, or any similar type of contraption typically propelled by muscular power;

“Bike Cage” means the location in a parking lot which is designated for the daily storage of Bicycles;

“Calgary Parking” means The City of Calgary as represented by its Business Unit, Calgary Parking;

“Customer” means the individual or corporation referred to in the Agreement Details section of this Agreement;

“E-Bikes” means both electric Bicycles and electric scooters;

“Electric Vehicle” means a vehicle that can be powered by an electric motor that draws electricity from a battery and is

capable of being charged from an external source;

“Licence Plate” means the licence plate or plates listed in the Licence Plate List section of this Agreement;

“Listed Vehicle” means a Motor Vehicle or Motorcycle with a Licence Plate listed in the Licence Plate List section of this

Agreement;

“Maximum Authorized” means the number of Listed Vehicles that may park in the Parking Lot at any one time, and

which number is the same as or less than the “Number of Parking Stalls paid for” indicated in the Calgary Parking

Account section of this Agreement;

“Motorcycle” means a motor vehicle mounted on two (2) or three (3) wheels that is propelled by any power other than

muscular power (excluding E-Bikes), and that is licenced under the Traffic Safety Act (Alberta), as amended or replaced

from time to time, and for the purposes of this Agreement, includes mopeds and scooters;

“Motor Vehicle” means a vehicle propelled by any power other than muscular power, with the exception of

Motorcycles;

“Monthly Parking Agreement” means the agreement entered into between Calgary Parking and a Customer for the use

by the Customer of a Parking Stall in a particular Parking Lot;

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

“Parking Fees” means the parking fees set by Calgary Parking for a particular Parking Lot and, if a Reserved Stall is set

out in the Agreement Details section of this Agreement, the Reserved Stall used by the Customer;

“Parking Lot” means a parking facility owned by The City of Calgary and operated by Calgary Parking and designated in

the Calgary Parking Account section of this Agreement;

“Parking Stall” means an area in the Parking Lot designated to accommodate one Listed Vehicle to park, subject to

Section 10(a); and,

“Reserved Stall” means a particular Parking Stall designated in the Agreement for sole use by a particular Customer.

Calgary Parking

620 9 Ave S.W. Calgary, AB T2P1L5

P: 403.537.7000

CalgaryParking.com

Schedule B

PARKING PROCESS

Where an overhead indicator lighting system is in place and operating, the Customer will observe the colour coding

above each Parking Stall and park only in an authorized and available Parking Stall. The colours mean the following:

(i) Green indicates an available Parking Stall.

(ii) Red indicates that no parking is allowed, or that the Parking Stall is unavailable or occupied.

(iii) Blue indicates an Accessible Parking Stall where only Motor Vehicles displaying the appropriate

permits can park.

Reserved Stalls are exempt from this Parking Process as the Parking Stall is always unavailable except for the customer

for whom the Parking Stall is reserved.