1.Term. The term of this Agreement shall commence on the date the Agreement is executed and shall continue on a month-to-month basis thereafter. The minimum term is one month. There will be no refund of rent even if Occupant does not put property in the Space. Owner is not providing any services to Occupant pursuant to this Agreement other than renting the Space to the Occupant.
2. Rent. The Occupant agrees to pay the Owner, for the use of the Space, the Monthly Rent listed above. Monthly installments are payable in advance at the Owner’s office on or before the first (1st) day of each calendar month (“Due Date”), and a like amount each month hereafter, until the termination of this Agreement. Owner accepts checks, money orders and credit cards. If Occupant uses a check to pay rent, Occupant shall make rent payable to “_______________”. Occupant agrees to write the Space number on all rent checks. Cash is accepted for walk in payments only during business hours. DO NOT PUT CASH IN ANY MAIL SLOT OR DROP BOX. The Owner acknowledges receipt of the sum set forth above showing payment through the Rent Paid To Date shown above. Owner may change the rent or any other charge or fee by giving Occupant thirty (30) days’ advance written notice at the address stated in this Agreement. The new rent shall become effective on the first day of the next month the rent is due. If Occupant has made advance payments, the new rent will be charged against such payments, upon the expiration of the advance notice period. No bills or statements will be sent to the Occupant stating when the Monthly Rent is due. There are no prorated rent refunds in the event the Space is vacated prior to the rent paid thru date. OCCUPANT AGREES AND UNDERSTANDS THAT ANY PAYMENTS MADE WILL BE APPLIED FIRST TO THE OLDEST UNPAID MONTHLY RENT AND/OR FEES (AS HEREINAFTER DEFINED) DUE AND PAYABLE. If any monthly installment is not paid by the Due Date, or if any check delivered in payment is dishonored, the Occupant shall be deemed to be in default under the terms of this Agreement. Once Owner receives two returned checks from Occupant, Occupant agrees to make all future payments in cash, by money order, certified check or credit card. Occupant agrees to pay Owner the required NSF Fee for each returned check. The Occupant's failure to perform any of its obligations under the terms and conditions of this Agreement or the Occupant’s breach of the peace shall also constitute a default hereunder. In the event of the Occupant’s default, the Owner shall have the option to immediately terminate this Agreement in which case the Occupant's right to occupy the Space will immediately cease, and all rent will become immediately due and payable. The Occupant agrees and understands that partial payment made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Occupant's property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant's account prior to the published auction date will stop a scheduled sale of the property.
3. Access. If rent is not paid within five (5) days of the monthly rent Due Date, Owner may, without notice, deny Occupant access to the property located in the Facility. Occupant’s access may be conditioned in any manner deemed necessary by Owner to maintain order and protect the premises. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Occupant’s identity, searching vehicles that enter the Facility, and controlling Occupant’s access to and on the Facility due to Occupant’s conduct. Additionally, if Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Occupant to all rented Spaces. Access will be denied to any party other than the Occupant who does not retain gate code and key to lock on Space or has not supplied Owner with written authorization from the Occupant to enter the Space. Otherwise, only a court order will be sufficient to permit access by others. No bailment or higher level of liability is created if Owner takes any action, including, but not limited to, over-locking the Occupant’s lock, to deny the Occupant access to the Space. Access will be denied to any party other than the Occupant who does not retain gate code and key to lock on Space or has not supplied Owner with written authorization from the Occupant to enter the Space. Otherwise, only a court order will be sufficient to permit access by others. If Owner terminates this Agreement as provided for herein, Owner has the right to deny vehicle access entry to the Facility during the termination period and control Occupant’s access on the Facility, including, but not limited to, requiring Occupant to be escorted by Owner’s agents or employees while at the Facility.
4. Fees. Concurrently with the execution of this Agreement, the Occupant shall pay to the Owner a nonrefundable New Account Administration Fee in the amount of $________. A statement for the monthly rent will not be sent to the Occupant. The Occupant may, however, elect to pay an additional fee listed above as an Invoice Fee. A Late Fee in accordance with the Florida Self-Storage Facility Act will be assessed after five (5) or more days after the Rent Due Date as follows: The greater of $20.00 or 20% of Rent. A Late Fee may be assessed each month that the Occupant fails to pay the rent by the fifth (5th) day after the Due Date. Late charge shall be immediately due and payable without demand from the Owner. If any check is dishonored for any reason, all rent or late fees shall be immediately due and payable in addition to a return check charge (NSF Fee) in the amount of $25.00. If the Occupant’s property is processed for sale at a public auction (or towed via the Statute), the Occupant shall be responsible for a minimum public auction processing fee (Lien/Tow Fee) in the amount of $________. If Occupant’s lock must be cut, Occupant shall be responsible for Lock Cut Fee of $_____. Other fees charged to Occupant may be contained in any Addendums to this Agreement. All service charges, administrative fees, default notice charges, late charges, court costs and attorneys’ fees together with all other fees and charges set forth in this Agreement incurred by Owner in connection with the enforcement of the Agreement shall be deemed “additional rent” payable by Occupant to Owner as provided in the Agreement and all such items of “additional rent” shall also be subject to the imposition of applicable sales tax as set forth in the Agreement.
5. Proof of Ownership and Registration. Occupant shall deliver to Owner prior to occupying the Space copies of all documents available to demonstrate proof of ownership of the motor vehicle or boat (and trailer) such as Occupant's current registration of the motor vehicle or boat (and trailer). Owner shall have the right to refuse Occupant access to the Space if the Owner is not satisfied with the documentation of ownership and registration provided by Occupant. Unless the Occupant can provide additional documentation to satisfy the Owner, this Agreement will be deemed to be terminated. ONLY THE REGISTERED OR LEGAL OWNER CAN STORE A VEHICLE. OWNER MUST SEE THE DOCUMENTATION. NO EXCEPTIONS. PLEASE PROVIDE A COPY OF THE CURRENT REGISTRATION OR PINK SLIP.
DATE REGISTRATION EXPIRES: STATE: MAKE: MODEL: YEAR: REGISTERED OWNER: ADDRESS:
6. Notice of Liens and Security Interests. Owner directs Occupant to disclose any lien holders or any parties with secured interests in the property that is or will be stored. (Identify all companies or individuals to whom you owe money on the property stored.) Occupant shall provide to Owner all information of any and all parties holding any security interest or liens on the property stored. Occupant represents that the property stored or to be stored is free of all liens and secured interests except as follows: If none, write none.
Property description with serial number:
Lienholder/Secured Creditor:
Address/Phone Number:
7. Occupant's Insurance. Occupant shall provide to Owner prior to occupying the Space copies of all documents available to demonstrate proof of insurance (commonly a Certificate of Insurance) for the motor vehicle or boat. Owner shall have the right to refuse Occupant access to the Space if the Owner is not satisfied with the documentation of insurance provided by Occupant. Unless Occupant can provide additional documentation to satisfy the Owner, this Agreement will be deemed to be terminated.
INSURANCE OWNER:
POLICY NUMBER:
THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE OCCUPANT'S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. The Occupant, at the Occupant's expense, shall secure his own insurance to protect himself and his property against all perils of whatever nature for 100% of the actual cash value of the stored property. Insurance on the Occupant's property is a material condition of this Agreement and is for the benefit of both Occupant and Owner. Failure to carry the required insurance is a breach of this Agreement and Occupant assumes all risk of loss to stored property that would be covered by such insurance.. Occupant shall make no claim whatsoever against the Owner’s insurance in the event of any loss. Occupant hereby releases Owner and Owner’s agents and employees from any and all claims for damage or loss to stored property that are caused by or result from perils that are, or would be, covered under the required insurance policy and hereby waives any and all rights of recovery against Owner and Owner’s agents and employees in connection with any damage which is or would be covered by any such insurance policy. The Occupant agrees not to subrogate against the Owner in the event of loss or damage of any kind or from any cause. To the extent Occupant does not maintain such insurance, Occupant shall be deemed to be "self-insured" and shall bear all risk of loss or damage.
8. Unauthorized Vehicles/Boats. The above-described vehicle or boat is the only vehicle or boat permitted to be parked in the assigned Space. Occupant agrees that any unauthorized vehicles and boats can be removed by Owner at Occupant's expense and that Owner shall not be liable to Occupant for removal of unauthorized vehicles and boats. Vehicles (including, but not limited to autos, trucks, trailers, mobile homes, boats, and campers) may not be stored overnight without permission of the Owner. A charge will be levied for such overnight vehicle storage. Any vehicle stored will only be allowed in the Space allocated and referred to in this Agreement. Only one vehicle may be stored in each marked Space and only vehicles with a current license and inspection tags will be permitted unless otherwise agreed to by Owner. NOTE: OCCUPANT AGREES TO DEFEND AND INDEMNIFY OWNER AS A RESULT OF THE REMOVAL OF ANY VEHICLE, TRAILER, OR BOAT IN OCCUPANT’S SPACE ARISING FROM OCCUPANT’S USE OR OCCUPANT’S INVITEE’S USE OF THE SPACE.
9. Limitation of Value. Because the value of personal property may be difficult or impossible to ascertain, the Occupant agrees that in no event shall the total aggregate value of all property stored be deemed to exceed $5,000 unless the Owner has given permission in writing for the Occupant to store property exceeding such value and Occupant provides proof of insurance for the claimed value. If such written permission is not obtained, the value of Occupant's property shall be deemed not to exceed $5,000 and may be worth substantially less than $5,000. The Occupant agrees that the maximum value of the property stored and the and the maximum liability of the Owner to the Occupant for any claim or suit by the Occupant, including, but not limited to, any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit, is $5,000. Nothing in this section shall constitute any agreement or admission by Owner that Occupant's stored property has any value, nor shall anything alter the release of Owner's liability set forth herein.
10. Termination. This Agreement shall continue from month to month unless the Occupant or Owner delivers to the other party a written notice of its intention to terminate the Agreement at least five (5) days prior to the end of the then current rental period. Owner may immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) if Occupant is in breach of the Agreement or in the event that Occupant creates a nuisance or is engaged in disruptive, criminal, unlawful or other Owner-prohibited behavior that threatens the safety of other occupants and/or the preservation of the Facility. Owner may also exercise immediate termination rights (including denial of vehicle gate access to the Facility and denial of access to the Space) in the event that Occupant utilizes the Space for an unlawful or criminal purpose or is found to be engaged in illegal or criminal activity at the Facility. Upon termination of this Agreement, the Occupant shall remove all personal property from the Space (unless such property is subject to the Owners’ lien rights as referenced herein), and shall deliver possession of the Space to the Owner on the day of termination. If the Occupant fails to fully remove its property from the Space within the time required, the Owner, at its option, may without further notice or demand, either directly or through legal process, reenter the Occupant's Space and remove all property therefrom without being deemed guilty in my manner or trespassing or conversion. All items, including boxes and trash, left in the Space or at the Facility after vacating will be deemed to be of no value to the Occupant and will be discarded by the Owner at the expense of the Occupant. Occupant must leave Space empty, in good condition, broom clean, and unlocked. Rent and fees will continue to accrue if Occupant fails to remove personal lock. Occupant is responsible for any damage to the Space. There is no grace period; one day constitutes another month. Rent prepaid for any period in which the Occupant moves out early shall not be refunded.
11. Abandonment. This Agreement shall automatically terminate if the Occupant abandons the Space. Occupant shall be deemed to have abandoned the Space if Occupant has removed the contents of the Space and/or has removed the Occupant’s locking device from the Space and is not current in all obligations hereunder. Abandonment shall allow the Owner to remove all contents of the Space for disposal. Occupant hereby waives and releases any claims or actions against Owner for disposal of personal property resulting from Occupant’s abandonment.
12. No Bailment; Release of Liability for Property Damage. The Owner is not a warehouseman engaged in the business of storing goods for hire, and no bailment is created by this Agreement. The Owner exercises neither care, custody, nor control over the Occupant's stored property. All property stored at the Facility by the Occupant or located at the Facility by anyone shall be stored at the Occupant’s sole risk and the Occupant must take whatever steps it deems necessary to safeguard such property. The Owner and the Owner’s employees and agents shall not be responsible or liable for any loss of or damage to any personal property stored in the Space or at the Facility or in the Vehicle arising out of the Occupant’s use of the Space or the Facility from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, flood, hurricanes, rain, tornadoes, explosions, rodents, insects, mold, mildew, Acts of God, or the active or passive acts or omissions or negligence of the Owner, the Owner’s agents or employees, including negligent disposal of Occupant’s property under a good faith, but mistaken, claim of lien or belief of abandonment by Occupant; and Owner and Owner’s agents shall not be liable to Occupant or Occupant’s agents, invitees or guests for injury or death suffered by any person, including Occupant’s agents, invitees or guests, occurring in or about the Facility or Vehicle, or arising out of Occupant’s use of the Facility or Space, from any cause whatsoever, even if such injury or death is caused by the active or passive acts or omissions or negligence of Owner, or Owner’s agents or employees. Occupant agrees to inspect Occupant’s Vehicle before leaving the Facility. Under no circumstances shall Owner be responsible for any claim relating to the operation or removal of the Vehicle from its Space by any person or entity shown as an additional owner or a lienholder on the documents of registration or title as Occupant’s agents for all purposes in connection with the operation or removal of the Vehicle on or off the Facility premises. Although Owner is not liable for loss or damage, any claim of damage to Occupant’s Vehicle must be reported and itemized in writing before Vehicle is taken from the Facility. Owner assumes no liability for damage due to fault, mechanics, condition of the Vehicle, or any negligence attributable to Owner for loss of articles left in the Vehicle, for damage to the Vehicle due to articles left inside the Vehicle, or for loss of use of the Vehicle. The Occupant agrees that the maximum liability of the Owner to the Occupant for any claim or suit by the Occupant including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the stored property is $5,000. Nothing in this section shall be deemed to create any liability on the part of the Owner to the Occupant for any loss or damages to the Occupant's property regardless of cause. Occupant agrees that this provision is a bargained for condition of this Agreement that was used in determining the amount of rent to be charged and without which the Owner would not have entered into this Agreement.
13. Owner's Right to Enter. Occupant grants Owner or Owner's agents access to the Space upon 48 hours’ advance written notice to Occupant. In the event of an emergency or nuisance, Owner shall have the right to enter the Space without notice to Occupant, and take such action as may be necessary or appropriate to preserve the Space, to comply with applicable law, to enforce Owner's rights, or for inspections or searches by governmental authorities. In cases where the Owner considers it necessary to move the Vehicle for violations of this Agreement or requirements of the Facility, the Occupant agrees that the Owner, or the Owner’s representative, shall have the right to move the Vehicle to another area of the Facility.
14. Owner’s Lien Rights. THE OWNER of a self-service storage facility or self-contained storage unit and the owner's heirs, executors, administrators, successors, and assigns HAVE A LIEN UPON ALL PERSONAL PROPERTY, whether or not owned by the tenant, located at a self-service storage facility or in a self-contained storage unit FOR RENT, LABOR CHARGES, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THE FLORIDA SELF-STORAGE FACILITY ACT, SET FORTH IN SECTIONS 83.801-83.809 OF THE FLORIDA STATUTES. the personal property stored in the leased space may be sold to satisfy the lien of the Occupant is in default. THE LIEN PROVIDED HEREUNDER ATTACHES AS OF THE DATE THAT THE PERSONAL PROPERTY IS BROUGHT TO THE FACILITY. OWNER SHALL NOT BE LIABLE TO OCCUPANT OR ANY THIRD PARTY FOR THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE OCCUPANT THAT THE PROPERTY PLACED IN THE SPACE WAS NOT THAT OF THE OCCUPANT. PRIOR TO PLACING ANY PERSONAL PROPERTY IN THE SPACE WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN IS ATTACHED, THE OCCUPANT IS REQUIRED TO NOTIFY THE OWNER, IN WRITING, OF THE NATURE OF AND IDENTIFY ANY SUCH PROPERTY PLACED IN THE LEASED SPACE AND NAME, ADDRESS, PHONE, AND E-MAIL OF LIEN HOLDER. At any time before the sale under this section, Occupant may pay the amount necessary to satisfy the lien and redeem Occupant’s personal property. Any payments made to satisfy the lien must be for the full amount owed to OWNER and may only be in the form of cash or money order. OWNER reserves the right to utilize on-line auction services to manage the sale of Occupant’s property as a result of Occupant’s default and the foreclosure of OWNER’s lien. Occupant consents to the use of on-line auction services.
15. Towing Option. If a lien is claimed on property that is a motor vehicle or a watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days after the maturity of the obligation to pay the rent and other charges, the Facility or Owner may sell the property pursuant to this section or have the property towed. If a motor vehicle or watercraft is towed, the Facility or Owner is not liable for the motor vehicle or watercraft or any damages to the motor vehicle or watercraft once a wrecker takes possession of the property. In the event that any motor vehicle remains stored in the Space after termination of this Agreement, and in addition to all other rights and remedies available to Owner, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Occupant’s expense. Owner shall incur no liability to Occupant for causing the vehicle to be removed pursuant to this paragraph.
16. Security Agreement. This Agreement shall constitute a security agreement covering the contents of the Space and a security interest shall attach thereto for the benefit of and is hereby granted to the Owner by the Occupant to secure the payment and performance of any default by the Occupant hereunder. All rights of the Owner hereunder or at law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. The Occupant hereby waives and renounces its right to the benefit of my exemptions it may otherwise have under Florida law.
17. Assignment and Subletting. The Occupant shall not assign this Agreement or sublet the Space.
18. Attorney’s Fees. In the event the Owner retains the services of an attorney to recover any sums due under this Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney’s fees incurred in any such action.
19. Successors in Interest. This Agreement is binding upon the parties hereto, their heirs, successors and assigns.
20. Governing Law. This Agreement and any actions between the parties shall be governed by Florida law.
21. Waiver of Jury Trial. The Owner and the Occupant hereby waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, at law or in equity brought by either the Owner against the Occupant or the Occupant against the Owner arising out of or in any way connected with this Agreement, the Occupant’s use or occupancy of the Space and this Facility or any claim of bodily injury or property damage, or the enforcement of any remedy under any law. ordinance, statute or regulation.
22. Limited Warranty. This Agreement contains the entire agreement of the parties and no representation or agreements, oral, or otherwise, between the parties not embodied herein shall be of any force or effect (except for written addendums agreed to between the parties. No expressed or implied warranties, guarantees, or representations are given by Owner, Owner's agents or employees as to the suitability of the Space for Occupant's intended use or the nature, condition, safety, or security of the Facility, the Space, and/or the property in the Space. Owner disclaims and Occupant waives any implied warranties of suitability or fitness for a particular use. The agents and employees of the Owner are not authorized or permitted to make any warranties about the Space, the Facility, or any facilities referred to in this Agreement. The Owner’s agents’ and employees' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by the Occupant. The entire agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given. Occupant acknowledges that neither Owner nor Owner’s agents or employees have made any representations or warranties, either express or implied, as to the safety of the Space, the Facility, or property stored in the Space and/or Facility, or otherwise and that neither Owner nor Owner’s agents or employees shall be required to provide any security protection to Occupant or the Occupant’s property stored in the Space and/or at the Facility. Any security which Owner maintains is for Owner’s sole use and convenience and may be discontinued by Owner at any time without liability or notice to Occupant or any other party. There shall be no liability to Owner, Owner’s employees or agents in the event alarm, video system or sprinkler system, or any components thereof, shall fail or malfunction. Any video recording devices are not monitored. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, ARE EXCLUDED from this transaction and shall not apply to the Space, premises, and Facility referred to herein. It is further understood and agreed that Occupant has been given an opportunity to inspect, and has inspected this Space, premises, and Facility, and that Occupant accepts such Space, premises, and Facility AS IS and WITH ALL FAULTS.
23. Rules. Owner shall have the right to establish or change the hours of operation for the Facility and to promulgate rules and regulations for the operation and good order on the Facility. The Occupant agrees to be bound by any Rules and Regulations for the Facility as may be posted by the Owner from time to time. All Rules and Regulations shall be deemed to be part of this Agreement. Failure to abide by these Rules and Regulations will constitute a breach of this Agreement in the same manner as if contained herein as covenants.
24. Notice of Change of Address. The Occupant represents and warrants that the information the Occupant has supplied in this Agreement is true, accurate and correct, and the Occupant understands that the Owner is relying on the Occupant’s representations. The Occupant agrees to give prompt written notice to the Owner of any change in the Occupant’s address or any change in the status of any liens or secured interests on the Occupant’s property in the Space and any addition or removal of property to or out of the Space. The Occupant understands that he must deliver such notice to the Owner by certified mail, return receipt requested, with postage prepaid to the Owner at the above address or by e-mail only if e-mail is acknowledged by Owner.
25. Restrictions on Use. The Space named herein is to be used by Occupant solely for the purpose of storing Vehicles owned by Occupant and identified in this Agreement. Occupant shall provide Owner with true copies of all registration and insurance certificates pertaining to the Vehicle. Only one Vehicle may be stored in each marked Space and only Vehicles with a current license and inspection tags will be permitted unless otherwise agreed to by Owner. Other than motor fuel in the Vehicle and propane or similar fuel in tanks provided or authorized for use in the Vehicle by the Vehicle manufacturer, Occupant is strictly prohibited from storing, using, or bringing materials at or in the Facility which are hazardous, explosive, toxic, odorous, noxious, corrosive, or pollutant or for which possession is illegal under any applicable law or regulation, and from engaging in any activity at the Facility which produces, or may produce, or result in the possession of such materials. Occupant specifically agrees that Occupant shall not use the Space or the Facility for storage of any gasoline or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories, except for such gas, oil, grease, or other lubricant as may be contained in the operating parts of the Vehicle stored in the Space or at the Facility and in no event may the Vehicle contain more than one-quarter (1/4) tank of fuel. Occupant is strictly prohibited from storing, using, or bringing materials in or onto the Facility which would cause danger or nuisance to the Space or any other portion of the Facility or for which possession is illegal under any applicable law or regulation, and from engaging in any activity at the Facility which produces, or may produce, or result in the possession of such materials.
Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the Space which would cause danger to the Space. Occupant shall not store lithium batteries, or any devices which charge lithium batteries, in the Space. Occupant agrees that the property will not be used for any unlawful purposes and Occupant agrees not to commit waste, nor alter, nor affix signs on the Space, and to keep the Space in good condition during the term of this Agreement. The Occupant agrees that the Facility and the Occupant’s property will not be used contrary to any law, ordinance, regulation, fire code or health code and the Occupant agrees to keep the Space and the Facility in good condition during the term of this Agreement. The Occupant agrees that the Space is not appropriate for the storage of jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to the Occupant and Occupant agrees not to store said items. The Occupant hereby waives any claim for sentimental or emotional value for the Occupant's Property that is stored in the Space or on the Facility. There shall be NO HABITABLE OCCUPANCY of the Space, or in the Vehicle while it is at the Facility, by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate termination of this Agreement. Occupant shall not loiter at the Facility, spend excessive or unnecessary time in or around the Space, or interfere with the use of the Facility by other occupants. Any access to the Facility outside of access hours is considered trespassing. The storage of food or any perishable goods as well as any cooking or heating in the Space is strictly prohibited. Trash, garbage, or discarded materials are not allowed in or near the Vehicle. Occupant shall not use the Space for the storage of firearms and ammunition. If hazardous substances are stored, used, generated, or disposed of in the Space or on the Facility, or if the Space or the Facility shall become contaminated in any manner for which the Occupant is directly or indirectly responsible, the Occupant shall indemnify and hold the Owner harmless from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums incurred or paid for settlement of any such claims, including any attorney's fees, consultant and expert fees, resulting from or arising out of any contamination by the Occupant, whether incurred during or after the lease term. Occupant agrees not to conduct any business out of the Space and further agrees that the Space is not to be used for any type of workshop, for any type of repairs, or for any sales, renovations, decoration, painting, or other contracting. The Occupant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost property or personal injury and costs, including attorneys’ fees arising from the Occupant's lease of the Space on the Facility or from any activity, work or thing done, permitted or suffered by the Occupant in the Space or on or about the Facility. Without limiting the foregoing, Occupant shall not (and shall not permit any person to) use the Space in any manner that would be a violation of any applicable federal, state or local law or regulation, regardless of whether such use or occupancy is lawful under any conflicting law, including without limitation any law relating to the use, sale, possession, cultivation, manufacture, distribution or marketing of any controlled substances or other contraband (whether for commercial, medical, or personal purposes), or any law relating to the medicinal use or distribution of marijuana.
Occupant also agrees to the following: (a) any holding tanks or other sewage or waste product containers on board the Vehicle shall be empty at all times; (b) Occupant shall maintain a drip pan or absorbent pad designed to absorb petroleum products under the stored Vehicle of sufficient size to retain any leaking fluids from the Vehicle stored; (c) any alarms on the Vehicle shall be disconnected or otherwise disarmed; (d) there shall be no entertainment activities in, or overnight occupancy of, the Vehicle; (e) all persons must vacate the Facility within thirty (30) minutes of the posted close of the Facility; (f) the Vehicle shall not be powered up, either by running of its engine, or otherwise, except for the removal of the Vehicle from the Facility, or the limited purposes of brief testing of its systems or equipment preparatory to its use off the Facility; (g) there shall be no repair, maintenance, painting, or any other work performed on the Vehicle while the Vehicle is located at the Facility; and (h) under no circumstances will Occupant cause the Vehicle to be rendered incapable of removal from the Facility under its own power, or otherwise disabled or rendered incapable of removal from the Facility by ordinary means. Space can only be used for the parking of Vehicles that are in good operating condition and appearance. No flat tires allowed on any Vehicle stored at the Facility. No junk or damaged Vehicles may be stored. The Vehicle must be free of rust, body damage and must have no broken glass. Further, the Vehicle must display current state registration and must have all tires (or trailer tires) inflated. Occupant agrees that any unauthorized Vehicles can be removed by Owner at Occupant's expense and that Owner shall not be liable to Occupant for removal of unauthorized Vehicles. Trailer Wheels must be blocked. Trailer Tongue must be on a chuck or wooden block to prevent asphalt damage. Trailer Tongue must be locked at all times. Occupant is required to lock and secure any boat, watercraft, and any other equipment that is being stored outside. If the Vehicle is an RV or boat, it shall be winterized by October 1 of each year if it is not intended to be used during the winter. No Vehicle may be stored on blocks except the tongue of a boat trailer. Occupant acknowledges that at times it may be required to store an additional Vehicle at the Facility. Occupant agrees that all terms and conditions of this Agreement, including all releases provided herein, shall apply to any Vehicle Occupant may store at the Facility or in the Space, even if not the Vehicle identified in this Agreement. No smoking is allowed in the Space or the Facility. Owner, at its sole discretion, may require that Vehicles violating these provisions may be removed. If the Vehicle will be absent from the Space and/or Facility for more than ten (10) consecutive days, Occupant agrees to notify Owner of Occupant’s intent to remove the Vehicle for an extended period of time and advise Owner of the estimated return date for the Vehicle.
26. Ancillary Services. Occupant agrees and understands that the Owner may offer ancillary services at the Facility. Any and all amenities may be utilized only in compliance with the Facility's published rules and fees for such use, which are deemed incorporated in and a part of this Agreement and are subject to change by Owner from time to time. Use of any amenity is solely at Occupant's risk. No warranty of any kind, including warranty of suitability to a particular purpose, is made as to any amenity. Owner does not guarantee the continuity of any provided amenity and shall have no liability for interruption of any service. Occupant releases Owner from any liability related to the loss of or damage to any property caused by any ancillary service offered at the Facility, including, but not limited to, trickle cell battery charging stations. Monthly fees for use of amenities, if any, are payable whether or not Occupant utilizes them in that month. Owner reserves the right to terminate any amenity being provided. Occupant shall be liable for any damage to property or costs occasioned by Occupant's use or misuse of any amenity.
27. Authorized Entry. Any person with a valid gate code and a key to the Vehicle is presumed to have Occupant’s authorization to remove the Vehicle from the Space and the Facility.
28. Moving Property. Owner, from time to time, at its expense, shall make all necessary repairs and perform all necessary maintenance to the Facility and the Space. Owner specifically reserves the right to require the Owner move or remove the Vehicle stored from the Space and/or Facility at any time and in the event of an Emergency without notice to Occupant and with notice to Occupant in the event of non-emergency maintenance. Owner shall exercise reasonable caution in moving or removing the Vehicle and will endeavor to notify Occupant of the new location of the Vehicle or return the Vehicle to the Space and/or the Facility after the maintenance or Emergency has concluded. The costs of movement, if Occupant does not comply after Owner’s request, shall be invoiced to Occupant and be due and payable as Additional Rent.
29. Changes. All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Owner upon Thirty (30) days’ prior written notice to the Occupant. If so changed the Occupant may terminate this Agreement on the effective date of such change by giving the Owner ten (10) days’ prior written notice of termination after receiving notice of the change. If the Occupant does not give such notice of termination, the change shall become effective on the date stated in the Owner’s notice and shall thereafter apply to the occupancy hereunder, whether or not Occupant has agreed to the change in writing.
30. Military Service. IF OCCUPANT OR OCCUPANT’S SPOUSE IS IN THE MILITARY SERVICE, Occupant must provide written notice to Owner. Owner will rely on this information to determine applicability of Service Members Military Relief Act.
If Occupant is a Service Member, and Occupant is transferred or deployed overseas on active duty for a period of 180 days or more, Occupant shall notify the Owner of the transfer or deployment. The Occupant shall provide written evidence of the transfer or deployment with the notice. Upon notice, Occupant is entitled to protections under governing law staying the enforcement of the Owner’s lien.31. Arbitration: In the event of any claim, dispute or lawsuit by Occupant against Owner (or Owner against Occupant) arising from Occupant’s rental or use of the Space or this Agreement, the claim or lawsuit shall be submitted to binding arbitration upon the request of either party and the service of that request on the other party. The parties agree that the arbitration shall be conducted and heard by a single arbitrator to resolve the claim, dispute or lawsuit. THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND OCCUPANT AND OWNER AGREE NOT TO ACT AS A CLASS-REPRESENTATIVE OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Owner will not request to arbitrate any claim, dispute or lawsuit that Occupant brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, Owner may then choose to arbitrate. The Federal Arbitration Act (FAA) shall govern this arbitration agreement.
The Arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures for the Self-Storage Industry. The NAM arbitration rules and procedures may be found www.namadr.com. Occupant understands that Occupant is entitled to a judicial adjudication of disputes with the Owner with respect to this Agreement and is waiving that right. The parties are aware of the limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. Owner and Occupant stipulate and agree that they have had sufficient time and opportunity to consider the implications of their decision to arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the consequences of entering into this addendum. IF OWNER CHOOSES ARBITRATION, OCCUPANT SHALL NOT HAVE THE RIGHT TO LITIGATE SUCH CLAIM OR LAWSUIT IN COURT OR TO HAVE A JURY TRIAL. OCCUPANT IS ALSO GIVING UP OCCUPANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER COLLECTIVE ACTION LAWSUIT OR ARBITRATION.
32. Exceptions to Arbitration. Both parties retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction. Both parties also retain the right to pursue any eviction, action to enforce a lien, and/or unlawful detainer remedies or defenses in any court. Owner retains the right to conduct a lien sale under appliable state law. However, any other claims, such as claims for violations of self-storage lien laws, derivative claims (including, but not limited to, claims under state or federal consumer protection statutes), conversion, negligence, breach of contract, or other violations of state or federal law, must be brought in arbitration.
33. Waiver/Enforceability. In the event any part of this Agreement shall be held invalid or unenforceable, the remaining parts of this Agreement shall remain in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by the Owner of any provision hereof shall be deemed a waiver of any of the provision hereof or of any subsequent default or breach by the Occupant.
34. Limitation on Time to Bring Suit: Occupant agrees and understands that all causes of action against Owner arising from this Agreement and Occupant's use or occupancy of the Space and/or the Facility must be commenced (started) by the filing of a lawsuit within one (1) year after either the claim arose, the Agreement has been terminated or the Occupant has vacated the Space, whichever is earlier.
35. Occupant’s Liability: In the event of a foreclosure of the Occupant's interest in the Space, it is understood and agreed that the liability of the Occupant for the rents, charges, costs and expenses provided for in this Agreement shall not be relinquished, diminished or extinguished prior to payment in full. The Owner may use a collection agency thereafter to secure any remaining balance owed by the Occupant after the application of sale proceeds, if any. If any property remains unsold after foreclosure and sale, the Owner may dispose of said property in any manner considered appropriate by the Owner.
36. Condition and Alteration of Space. Occupant assumes responsibility for having examined the Space and hereby accepts it as being in good order and condition. Occupant understands that all space sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space. Should Occupant damage or depreciate the Space or the Facility or improvements, or make alterations or improvements without the prior consent of the Owner, or require the Owner to incur costs to clean the Space upon termination, then all costs necessary to restore the Space and/or the Facility to its prior condition shall be borne by Occupant. Owner has the right to declare any such costs to repair as “rent” and non-payment of said costs to entitle Owner to deny Occupant access to the Space.
37. Indemnification: Occupant will indemnify, defend, and hold the Owner harmless from and against any and all manner of claims for damages or lost property or personal injury and costs including attorney’s fees arising from Occupant’s lease of the Space on the Facility or from any activity, work or thing done, permitted or suffered by Occupant in or on the Space or about the Facility. In the event that the Space is damaged or destroyed by fire or other casualty, Owner shall have the right to remove the contents of the Space and store it at the Occupant’s sole cost and expenses without liability for any loss or damage whatsoever, and Occupant shall release, indemnify and hold Owner harmless from and against any loss, cost or expense of Owner in connection with such removal and storage. Should any of Owner’s employees perform any services for Occupant at Occupant’s request, such employee shall be deemed to be the agent of the Occupant regardless of whether payment for such services is made or not, and Occupant agrees to indemnify and hold Owner harmless from any liability in connection with or arising from directly or indirectly such services performed by employees of Owner. Notwithstanding that Owner shall not be liable for such occurrences; Occupant agrees to notify Owner immediately upon the occurrence of any injury, damage, or loss suffered by Occupant or other person in any of such circumstances. This indemnity obligation specifically extends to any actions, orders, penalties, or enforcement procedures made or brought by any governmental agency in connection with any materials or property stored in Occupant’s Vehicle.
38. Notices from Owner. All notices required by this Agreement shall be sent by first class mail postage prepaid to Occupant’s last known address or to the electronic mail address provided by the Occupant in this Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law. If Occupant provides its e-mail address, Occupant consents to the delivery of all correspondences and notices, including statutory notices, via e-mail. Occupant agrees that any billing statements and all other communications, including rental rate and late fee increases and lien notices may be sent to Occupant via e-mail rather than by U.S. Mail. Occupant’s failure to notify Owner of any change in physical or e-mail address or telephone number or alternate name, address and telephone number shall constitute a waiver by Occupant of any defenses based on failure to receive any notice. Occupant consents to Owner sending communications (e-mails, SMS messaging/texting, social media) to Occupant at any time during the day or night that are appropriate and efficient for Owner and its electronic communications systems.
39. Occupant’s Lock. The Occupant must keep the Space locked and must provide his own lock and key for the Space which Occupant deems sufficient to secure the Space. Owner does not represent the adequacy of any particular lock. DOUBLE LOCKING IS PROHIBITED. The Occupant assumes full responsibility for all persons who have keys and access to the Space. In the event Occupant fails to keep such a lock on the Space or Occupant’s lock is broken or damaged, Owner shall have the right, but not the obligation, to place its lock on the Space; provided, however, that in such event Owner shall have no liability to Occupant for any loss or damage whatsoever, and Occupant shall indemnify and hold Owner harmless from and against any loss, cost or expense of Owner in connection with locking the Space, including the cost of the lock.
Storage spaces at the Facility may be equipped with electronic locking devices that do not require the Occupant to provide a lock. No expressed or implied warranties, guarantees, or representations are given by Owner, Owner 's agents or employees as to the use, function, security, reliability, merchantability or fitness of the any such electronic locking device. Owner shall not be liable for loss or damage to property stored in the Space resulting from the use, failure, destruction, tampering, cutting, drilling, fault, defect, or malfunction of any electronic locking device. If the electronic locking device contains technology which allows the Owner to overlock and/or unlock the Occupant’s lock, no bailment or higher level of liability is created by the Owner’s ability, or use of ability, to overlock and/or unlock the lock on the Space and the Owner does not take care, custody, or control of the Occupant’s property due to the Owner’s ability, or use of ability, to overlock and/or unlock the Occupant’s lock.
40. Release of Information and Vehicle Images. Occupant hereby authorizes Owner to release any information regarding Occupant and Occupant’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts. Occupant grants Owner rights to use images of Vehicle in materials produced by Owner including but not limited to printed materials or within the Owner’s website.
41. Personal Financial Information. Owner does not warrant or guarantee that any personal information (address, phone number, e-mail address, social security number) or financial information (credit card, bank account) will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.
42. Climate Control: Occupant understands that any spaces within the Facility that may be considered “climate controlled” may be only heated and/or cooled. Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control and Owner does not warrant or guarantee temperature or humidity ranges in the Space or at the Facility. Occupant waives any claim for loss of or damage to stored property from Owner’s failure to regulate the temperature and humidity in the Space from any cause whatsoever, including mold or mildew, even if such damage is caused by the active or passive acts or omissions or negligence of Owner. Systems that are used to provide heating and cooling do not have backup power sources. Under certain circumstances, including, but not limited to, mechanical failure of heating and/or cooling systems, electrical blackouts and acts of God, the Space may not be heated or cooled at all. Occupant shall store their property within the Space solely at their own risk.
43. Mold/Mildew. Mold and mildew are naturally occurring substances and it is possible to appear or grow on Occupant’s stored property. Owner does not represent that the Space is humidity controlled and does not warrant or represent that a minimum or maximum humidity will be maintained at any time during the term. Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant’s stored property in any Space. Owner does not warrant the Space to be water-tight or dry. Occupant is solely responsible for preventing mold and/or mildew on Occupant’s stored property in the Space. Occupant hereby releases Owner from any liability for mold and/or mildew on Occupant’s stored property from whatever source and no matter how it occurs. Occupant shall take whatever steps necessary to protect against and prevent mold in their stored property. Occupant understands that any personal property brought into the Space that is damp or wet will likely grow mold and/or mildew. Occupant shall periodically inspect the Space and the personal property stored in the Space and take any and all actions necessary to protect Occupant’s stored property from mold and/or mildew
44. Permission to Communicate. Occupant recognizes that Owner and Occupant are entering into a business relationship as Owner and Occupant. Occupant hereby provides its express written consent to Owner (and Owner’s agents, employees, representatives, affiliates and those acting on its behalf) phoning, SMS messaging/texting, faxing, e-mailing, and using social media to communicate with Occupant with marketing, informational, account-related, and/or other business-related communications from and on behalf of Owner, its agents, employees, representatives, affiliates and others acting on its behalf. Occupant provides its express written consent to receiving telephone calls and messages (including SMS messaging/text messaging) from and on behalf of the Owner using prerecorded messages or artificial voice, and calls and messages delivered using automated telephone dialing system or an automatic texting system, to the phone number(s) provided in this Agreement or to any phone number subsequently provided by Occupant to Owner. Occupant also provides its express written consent to receiving autodialed calls and SMS messaging/text messages from and on behalf of the Owner at the phone number(s) provided by Occupant in this Agreement or at any other phone numbers provided by Occupant to Owner. Calls and SMS/text messages from and on behalf of Owner to Occupant may provide alerts regarding offers and promotions from the Owner, the Occupant’s account with Owner, Occupant’s tenancy in the Space, Occupant’s use of the Facility, information about the Space and/or the Facility, and/or the business relationship between Owner and Occupant. Occupant understands that text messaging and data rates may apply to any calls and/or messages received from Owner and that not all carriers are covered. Occupant understands that Occupant’s consent to receive these calls and texts is not required as a condition of entering into this Agreement or in the purchasing of any goods or services from Owner. Occupant also understands that Occupant or Owner may revoke this permission in writing at any time. Occupant agrees not to hold Owner liable for any electronic messaging or data charges or fees generated by this service. Occupant further agrees that in the event Occupant’s phone number(s) change, Occupant shall inform Owner of said change or be liable for any fees or charges incurred. Occupant may opt-out of this messaging by emailing m29@trustedstoragepros.com or reply STOP to any SMS/text message received. Occupant certifies and warrants that the phone number(s) provided in this Agreement are that of the Occupant. OCCUPANT INITIALS .
45. Cross-Collateralization of Storage Spaces. When Occupant rents more than one Space at this Facility, the rent is secured by Occupant’s property in all the Spaces rented. A default by Occupant on any Space shall be considered a default on all Spaces rented. Owner may exercise all remedies available to it including denial of access to the Space and the Facility and sale of the stored property if all rent and other charges on all Spaces are not paid when due.
46. Access to Space and Facility Due to Emergencies/Weather. Owner reserves the right to deny access to the Space and/or the Facility to all occupants due to federal, state, or local emergencies or due to inclement weather. Owner shall incur no liability to Occupant for the denial of Occupant’s access to the Space and/or Facility due to federal, state, or local emergencies or inclement weather.
47. Conduct. Occupant and Occupant’s guests and invitees shall behave, conduct themselves, and communicate with Owner, Owner’s employees and agents, and other occupants in a professional, businesslike manner while at the Facility. Abusive or harassing language or conduct by Occupant or Occupant’s guests or invitees is a breach of this Agreement. If any provision of this paragraph is violated, Owner shall have the right to immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) and to exercise any other remedies provided at law or in equity, including immediate removal of Occupant’s property from the Space and the Facility. If Occupant or Occupant’s guests or invitees are in violation of this paragraph, Owner has the right to control Occupant’s access on the Facility, including, but not limited to, requiring Occupant to be escorted by Owner’s agents or employees while at the Facility.
48. Electronic Signature: Occupant agrees that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect and enforceability as if it was made in a non-electronic form. If not signed with an original signature below and electronic signature is used, Occupant understands and agrees that Occupant is consenting to be legally bound by the terms and conditions of this Agreement as if Occupant signed this agreement in writing. Occupant agrees that no certification authority or other third-party verification is necessary to validate their e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the e-signature or any resulting agreement between Occupant and Owner. Additionally, Occupant certifies that he/she is age 18 or above.
Notice to Occupant: Do not sign this Agreement before you read it and fully understand the covenants contained herein. By signing this Agreement, the Occupant hereby acknowledges that he has read, understands and accepts all the terms and conditions expressed in this multi-page Agreement.
