Stallings, Inc. d/b/a The Mobile Attic Rental Agreement Terms and Conditions
THIS RENTAL AGREEMENT, (“Agreement“), sets forth the terms and conditions upon which Stallings, Inc. d/b/a The Mobile Attic, a South Carolina limited liability company (“Company”) will provide services to the party(ies) whose name(s) is set forth in the signature block below or is otherwise referenced in the order confirmation (the “Confirmation”) issued by the Company to the party(ies) (“Customer”). Customer accepts this Agreement when Customer does any of the following: (a) provides a written or electronic signature; (b) attempts to or in any way uses the services of Company; (c) loads or stores goods in a Space (defined below); or (d) pays for any services of Company. This Agreement shall apply to all present and future services provided by Company to Customer and all present and future orders made by Customer, including, but not limited to, the rental and leasing of a Space. In consideration of the foregoing, the receipt and sufficiency of which is hereby acknowledged, and the mutual promises and assumption of obligations described in this Agreement, the parties hereto hereby agree as follows:
- RENTAL. Customer has or will retain Company’s services to rent one or more storage Spaces (individually or collectively referred to as a “Space”). Customer shall have access to the Space at Company’s Facility only during specified hours and days which are subject to change by the Company. Customer should call 877-423-2055 to confirm the access hours. Upon use of the Space, Customer acknowledges having had an opportunity to examine the Space and that such Space is satisfactory for all purposes for which Customer shall use it. Customer hereby authorizes Company to enter upon the Customer’s Space whenever Company deems it necessary to enforce any of Company’s rights pursuant to this Agreement or pursuant to any state or federal law. Customer warrants that Customer has as owner or otherwise: (a) all the necessary rights with respect to the Customer’s Space for purposes of this Agreement; and (b) the right and authority to permit Company’s unrestricted entrance upon Customer’s Space. Customer acknowledges and agrees that no bailment or deposit of goods for safekeeping is intended or created hereunder. Due to the nature of Company’s business and its purpose being self-service storage, Customer further understands that Company is not representing to Customer, in any manner whatsoever, that Company is a “warehouseman” as such term is defined by applicable state statutes. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement. Customer acknowledges and agrees the measurements noted for the Facility and the Spaces located thereon are an approximation only, that Space size does not refer to usable space, that the size of the Facility and any referenced sizes are approximate, given for illustration only and may vary materially. Company does not represent or guarantee the safety of the Facility or the personal property stored by Customer. THE RULES AND REGULATIONS POSTED AT THE FACILITY, IF ANY, ARE BY REFERENCE MADE PART OF THIS AGREEMENT, which rules and regulations may be modified by Company to assist with the operation, safety, and cleanliness of the Facility. The Facility is operated in accordance with state and local laws governing self-storage facilities in the state where the Facility is located, which are herein incorporated by reference.
- TERM AND RENT. Company has issued or will issue a Confirmation of Customer’s order that sets forth the agreed upon pricing of Company’s storage services including other specifics of such order. Company will issue a change order confirmation for changes requested by Customer that are accepted by Company. The rental term for each Space commences on the date given on the Confirmation or Invoice and continues thereafter on a monthly basis until terminated as provided herein. Customer must pay the Company, in advance, monthly rent (the “Rent”), plus any applicable taxes, in the amount set forth on the Confirmation or invoice, without deduction, prior notice, or demand. Rent for the first month, initial charges, and fees including but not limited to a one-time, non-refundable administration fee. Rent in subsequent months will be due on the monthly anniversary of the commencement date on the Confirmation or Invoice or on the last day of the month if the corresponding date does not exist in the subsequent month. Time is of the essence with regard to all payment obligations due under this Agreement. Customer will not be entitled to a refund of any prepaid rent under any circumstances. Company may change the monthly rent and other charges by giving Customer 30 days advance written notice. The new rate will become effective on the first day of the next month when charges are due. In the event that Customer’s account has an outstanding balance, Customer understands and agrees that Company does not waive its lien rights on the property stored in the Space if Company accepts partial payments to reduce the outstanding balance on Customer’s account. Customer understands and agrees that full payment of the outstanding balance must be tendered prior to the sale date to stop a scheduled lien sale. NO MONTHLY BILLS OR STATEMENTS WILL BE SENT TO CUSTOMER UNLESS ELECTED SO IN WRITING. A three-month minimum is required on self-storage Spaces and parking Spaces therefore customer authorizes the Company to charge the credit card on file for the remaining months that have not been paid if the customer vacates the Space without paying for three full months.
- FEES, LATE CHARGES, RENTAL ACCESSORIES, ETC. (a) In the event Customer fails to pay Rent by the 10th day after becoming due or the earliest date permitted by applicable law, Customer shall pay, in addition to any other amounts due, a late charge equal to the lesser of $25.00 on each such occasion or the maximum amount allowed by applicable law for each delinquent payment each and every month that such payment(s) remain(s) delinquent plus Customer will be responsible for all of Company’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. Any late fees incurred by Customer are a service charge and not a penalty. (b) If the Customer is delinquent in the payment of rent or other charges under this Agreement for more than thirty days (30), Customer shall pay, whether or not a lien sale occurs, all costs and expenses incurred by Company associated with processing the delinquent account, including advertising and mailing fees, plus a lien handling charge of up to $75.00 (c) In the event Customer is delinquent in the payment of Rent or other charges due under this Agreement, including without limitation, financing charges, late charges, fees, handling charges and costs associated with the processing of Customer’s delinquent account (collectively, “Charges”), Customer authorizes Company to charge Customer’s credit card account or bank account, without the signature of Customer, for such Charges owed by Customer to Company, even if Customer has selected another method of payment as the preferred method. Company shall have no liability to Customer for charges applied to Customer’s credit card account so long as such Charges are applied by Company in good faith. Customer is required to keep a current and working credit card on file with the Company at all times. Customer certifies that Customer is an authorized user of the credit card and that Customer will not dispute the payment with your credit card company provided the transactions correspond to the terms indicated in this agreement. (d) A $25 fee is charged for all returned checks and if a bad check is given then the Customer must make all subsequent payments via money order or credit card (g) Customer will be responsible for all of Company’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees (h) If Occupant chooses to rent “accessories” such as hand trucks, blankets or other miscellaneous accessories, it is the Customer’s sole responsibility to make sure those items are returned to Company in GOOD WORKING ORDER at the end of the term. If items are not returned or not returned “in good working order” as defined by the Company, then Occupant will be responsible for replacing those items. The minimum replacement cost per item will be $150.00 for a hand truck and $15.00 per blanket. Other replacement costs will be determined on a case by case basis. Moved out Spaces with past due balances are subject to a 10% monthly finance fee.
- LIMITS ON USE. Customer understands and agrees that Company need not be concerned with the kind, quantity or value of personal property or other goods stored by Customer in the Space pursuant to this Agreement. Customer specifically acknowledges and agrees: (a) that the Space may be used for storage only, and that the use of the Space for the conduct of business or for HUMAN OR ANIMAL HABITATION IS SPECIFICALLY PROHIBITED; (b) that Customer assumes full responsibility and liability for packing Customer’s property in the Space and (c) Customer shall store only personal property throughout the tenancy that Customer owns or has the legal right and authority to store in the Space. Customer shall not store any food or perishable, hazardous, illegal, stolen, environmentally harmful, explosive or flammable property. Customer shall not use the Space in any manner that will constitute waste, nuisance or unreasonable annoyance to other customers at the Facility nor should they perform any work in the Space. Customer acknowledges and agrees that the Space and the Facility are not suitable for the storage of objects which have sentimental value to the Customer or others, including, but not limited to, heirlooms or precious, invaluable or irreplaceable property such as collectibles, books, manuscripts, records, writings, personal records, passports, tickets, stamps, works of art, photographs, and other items for which no immediate resale market exists. Customer agrees that the value of any of the foregoing items that Customer chooses to store in the Space in violation of this provision shall be limited to the salvage value of the item’s raw materials. Further, Customer acknowledges and agrees not to store the following items in the Space: money, banknotes, scrip, securities, accounts, deeds, evidences of debt, letters of credit, bullion, precious metals, jewelry, watches, furs, precious/semiprecious stones, firearms, engines, aircraft, hovercraft, computer software or programs, media or computer data contained on hard disks or drives, and property not owned by the Customer or for which Customer is not legally liable. Unless Customer satisfies Customer’s insurance requirements set forth below, Customer agrees not to store property in the Space that has an aggregate value of over $5,000. Customer further agrees not to store property in the Space that may cause consequential damages or emotional distress to Customer or others if it were missing, stolen, sold or damaged. Motor vehicles, vehicles, motorcycles, rv’s, motorhomes, and trailers are permitted to be stored in outside open parking Spaces only, and are not permitted in storage Spaces that are enclosed. Customer shall not loiter about the Facility, spend excessive or unnecessary time in or around the Space or interfere with the use of the Facility by other customers. The use of electricity in the Space is strictly prohibited unless agreed upon in writing by the Company. If the Space is so equipped, Customer is prohibited from storing any items within 18” of the clearance to the fire sprinkler head diffuser for life safety reasons. Customer acknowledges that any items stored within 18” of the clearance of the fire sprinkler head diffuser may be removed by the Company and placed in a separate space without notice to Customer, all at Customer’s expense.
- CUSTOMER’S RISK AND LIABILITY / INSURANCE OBLIGATION. Subject to Section 6, Customer personally assumes all risk of loss or damage to or theft of Customer’s property stored in the Space however caused, including, without limitation, burglary, mysterious disappearance, fire, water, rain, wind, hail, smoke, collapse of building, rodents, insects, bugs, vermin, earthquakes, acts of God, vandalism, leaking of any Space, condensation, humidity, mold, mildew, or the active or passive acts or omissions or negligence of Company or Company’s agents. Customer specifically acknowledges that Company shall not be liable for any damage to or loss of Customer’s property or injury to persons or death arising from Customer’s use of the Space or Facility for any reason unless specifically assumed through the CP Addendum (defined below). It is Customer’s responsibility to adequately insure the property stored by Customer. Customer agrees to insure the actual full value of the stored property against loss and damage. ALL PROPERTY IS STORED BY CUSTOMER AT CUSTOMER’S SOLE RISK AND IS NOT INSURED BY THE OPERATOR AGAINST LOSS OR DAMAGE.
- CONTENTS PROTECTION. Notwithstanding Section 5, in lieu of obtaining insurance, Customer may choose to have Company contractually (a) assume responsibility for specified loss (subject to applicable exclusions) resulting from certain named perils (such as fire, wind, hail, smoke, collapse of building, burglary, etc.) (“Named Perils”), and (b) obtain content protection for the Customer’s contents from such loss through Company’s recommended provider (the “Contents Protection”). The terms and conditions of Contents Protection are set forth in the Contents Protection Addendum, which can be found at www.mobileattic.net/CP (the “CP Addendum”). Such terms and conditions establish and clarify the contractual liabilities of each party if Customer orders Contents Protection from Company and makes all additional payments thereunder and Company’s obligation to assume the risk of loss under the Contents Protection resulting from Named Perils shall not exceed the limit of coverage secured by the customer under the CP Addendum. Customer may choose to obtain supplemental insurance from their own homeowner’s or renter’s carrier or Customer may elect to be “self insured.” Although Company and Company’s Agents may share information about the Contents Protection Addendum purchased by the Company, Customer understands that Company and Company’s Agents are not an insurance company or insurance agents. Company has not explained any insurance coverage or assisted Customer in making any decision to purchase any particular insurance policy. Company is not making any representations about the coverage provided by such insurance policy. Company’s agreement to assume responsibility for and obtain Contents Protection for Customer’s contents from loss is not an insurance transaction.
- LIMITATION OF LIABILITY. Subject to Section 6, Company and Company’s Agents shall not be responsible to Customer or to any other person for any damage or loss however caused, including, without limitation, Company and Company’s Agents active or passive acts, omissions, negligence or conversion, unless the loss or damage is directly caused by Company’s fraud, willful injury or willful violation of law. In addition, Customer hereby releases Company and Company’s Agents from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons that could have been insured against. Customer expressly agrees that the carrier of any insurance obtained by Customer shall not be subrogated to any claim of Customer against Company or Company’s Agents. CUSTOMER WAIVES ANY CLAIM FOR EMOTIONAL OR FOR SENTIMENTAL ATTACHMENT TO CUSTOMER’S PROPERTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO CUSTOMER. OTHER THAN THE LIABILITY SPECIFICALLY ASSUMED THROUGH THE CP ADDENDUM, COMPANY’S AND COMPANY’S AGENTS TOTAL, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY REASON, INCLUDING FROM DAMAGE TO OR LOSS OF CUSTOMER’S PROPERTY, SHALL NOT EXCEED $5,000. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Company does not warrant or guarantee temperature or humidity ranges in the Space due to changes in outside temperature and humidity, or due to other considerations, and Customer understands and assumes the risk of climate controlled spaces not meeting certain temperature and humidity requirements. No promises or representations of safety or security have been made to Customer by Company or Company’s Agents. There shall be no liability to Company, Company’s employees or agents in the event alarm, video system or sprinkler system, or any components thereof, shall fail or malfunction. Video recording devices are not monitored.
- INDEMNITY. Customer shall indemnify, defend and hold harmless Company, its affiliates and agents, and each of their respective directors, officers, members, employees, agents and representatives (collectively, “Company’s Agents”) from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, Customer’s use of the Space or Facility, including, without limitation, as a result of any of Customer’s breach of Customer’s obligations pursuant to this Agreement.
- LOCK; ALTERATIONS; DAMAGE; LOSS; CONDITION. Customer shall provide, at Customer’s own expense, a lock for the Space which Customer, in Customer’s sole discretion, deems sufficient to secure the Space. Customer shall not provide Company or Company’s Agents with a key and/or combination to Customer’s lock. The Space must be locked at all times in Customer’s absence. Furthermore, Customer is restricted to putting only (1) lock on each Space door. In the event the Space remains unlocked, the Company shall have the right to secure the Space with a lock of its own for a fee of $25. Failure by Customer to have a lock on the Space shall constitute abandonment. Customer shall not make or allow any alterations of any kind or description whatsoever to the Space without, in each instance, the prior written consent of the Company. If the Space is not in the same condition as when Space was rented (damage-free, clean, and broom swept condition), then the Customer shall pay the Company on demand a minimum of $75.00 to clean-up or repair the Space. If Company’s cost to repair or clean the Space exceeds $75.00, Customer shall be responsible to Company for such cost.
- LIEN. UPON DEFAULT BY THE OCCUPANT THE COMPANY HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN CUSTOMER’S SPACE FOR RENT, LABOR, OR OTHER CHARGES IN RELATION TO THE PERSONAL PROPERTY AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITIONS PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN CUSTOMER’S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS FIFTY DAY PERIOD AFTER DEFAULT. IF ANY RENT IS SEVEN CALENDAR DAYS PAST DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE CUSTOMER IS IN DEFAULT FROM DATE PAYMENT WAS DUE. IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY APPLICABLE STATE LAW TO SECURE AND COLLECT RENT, CUSTOMER HEREBY GRANTS TO COMPANY A CONTRACTUAL LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE SPACE OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL RENTS OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT CUSTOMER IS IN DEFAULT OF THIS AGREEMENT, COMPANY MAY DENY ACCESS TO THE SPACE AND BEGIN THE ENFORCEMENT OF ITS LIEN AGAINST ALL PROPERTY OF CUSTOMER STORED IN THE SPACE OR AT THE FACILITY IN ACCORDANCE WITH THE LAWS OF THE JURISDICTION IN WHICH THE CUSTOMER’S PROPERTY IS LOCATED WHEN COMPANY COMMENCES THE ENFORCEMENT OF ITS LIEN. PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF AT THE FACILITY OR NEAREST SUITABLE LOCATION TO SATISFY THE APPLICABLE LIEN LAW. PROCEEDS, IF ANY, FROM THE SALE OF THE PROPERTY IN EXCESS OF AMOUNTS OWED TO COMPANY, WILL BE PAID (IF ANY) TO THE STATE TREASURER IF UNCLAIMED BY THE CUSTOMER AS PRESCRIBED BY APPLICABLE LAW. AS COMPANY HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE SPACE, CUSTOMER HEREBY WAIVES ANY OBLIGATION THAT COMPANY PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN CUSTOMER’S SPACE TO THE EXTENT REQUIRED BY APPLICABLE STATE LIEN LAWS.
- PERSONAL INJURY; DISCLAIMER. Company and Company’s Agents including the owner of the Facility shall not be liable whatsoever to the Customer or Customer’s invitees, family, employees or agents for any personal injury arising from Customer’s use of the Space or the Facility from any cause whatsoever including, but not limited to, the active or passive acts or omission or negligence of the Company, Company’s Agents or the owner of the Facility. Customer shall hold harmless and indemnify, defend and reimburse
- NO REPRESENTATIONS OR WARRANTIES. Company hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Space and the Facility, including any warranties of merchantability or fitness for a particular use or purpose. Customer hereby acknowledges and agrees that Company does not represent or guarantee the safety or security of the Space or the Facility or of any property stored therein and this Agreement does not create any contractual duty for Company to create or maintain such safety or security.
- ACCESS CODE (PIN). At time of order Customer will be asked to provide a five (5) digit number which will be used as Customer’s “PIN” and Gate Access code. Company will require the PIN before providing access to the Space. Customer acknowledges and agrees that Company has the right to provide access to the Customer’s account (which may permit changing information, including the PIN) and the Space to anyone providing Company with the PIN, and that Company has the right to refuse access to the Space by anyone, including Customer, who does not have the PIN. Customer should only disclose the PIN to those persons who Customer wants to have unrestricted access to the account and the Space.
- RIGHT TO ENTER, INSPECT AND REPAIR SPACE. Customer grants Company, Company’s Agents or the representatives of any governmental authority, including police and fire officials, access to the Space and the Space where such Space may be located, if necessary, as required by applicable laws and regulations or in connection with Company exercising its rights as set forth in this section. In the event Customer shall not grant access to the Space as required, or in the event of an emergency or upon default of any of Customer’s obligations under this Agreement, Company, Company’s Agents or the representatives of any governmental authority shall have the right, but not the obligation, to remove Customer’s locks and enter the Space for the purpose of examining the Space or the contents thereof or for the purpose of making repairs or alterations to the Space and taking such other action as may be necessary or appropriate to preserve the Space, or to comply with applicable law including any applicable local, state or federal law or regulation governing hazardous materials or to enforce any of Company’s rights. Company shall be entitled to enter the Space for the purpose of taking inventory of the property stored in the Space as provided for in S.C CODE ANN. 39-20-45, and by applicable state laws. A cut lock fee of $25 will be added when Company needs to cut the lock to enter. Company will place a different lock on the rented Space over which the Company and his agents have control.
- TERMINATION. Company may terminate this Agreement for any or no reason effective immediately upon written notice to Customer. Customer must give Company seven (7) days notice to terminate this Agreement and such termination shall be effective as of the last day of the rental month following the seven (7) day notice period. Notwithstanding the foregoing, Customer shall only be entitled to terminate this Agreement provided there are no outstanding amounts owing to Company and Customer is not in default under this Agreement. Notwithstanding any provision to the contrary in this Agreement, no monthly rent shall be prorated or refunded if the termination occurs prior to the end of a full rental month.
- DEFAULT. Customer is considered in default when rent or other charges are seven (7) days past due from when payment was due. The following events shall be deemed to be events of default by Customer under this Agreement: (a) Customer fails to pay any installment of the rent due under this Agreement; (b) Customer fails to comply with any term, provision, or covenant of this Agreement, other than the payment of rent, and does not cure such failure within ten (10) days after written notice thereof to Customer; or (c) Customer abandons the Space. Furthermore, Customer agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the foreclosure and sale of Customer’s property. Partial payments do not waive or avoid the legal effect of prior notices given to Customer. Only full payment on the Customer’s account prior to the auction date will stop the sale of the property. Customers account must be in good standing to receive or continue any promotions or discounts. If Customer is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Company to deny Customer access to all rented Spaces.
- REMEDIES UPON EVENT OF DEFAULT. If an event of default shall occur and so long as such default shall be continuing, Company may at any time thereafter at its election: (i) deny Customer access to Customer’s property stored in the Space, (ii) immediately terminate this Agreement by giving notice to Customer (iii) enter upon Customer’s Space and take possession of the Space and Customer’s property stored in the Space without notice to the Customer at fifteen (15) or more days past due, (iv) expel or remove Customer from the Space, without being liable for prosecution or any claim of damages, (v) CHARGE CUSTOMER ALL EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY COMPANY THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY CUSTOMER, and/or (vi) pursue any other remedies provided for under this Agreement or at law or in equity. Company’s remedies, including its lien rights, are cumulative and any or all thereof may be exercised instead of or in addition to each other or any other remedies available to Company at law or in equity.
- CONDITION OF SPACE UPON TERMINATION; DAMAGE WAIVER. Upon termination of this Agreement for any reason, Customer shall remove all personal property from the Space, unless such property is subject to Company’s lien rights pursuant to this Agreement, and shall immediately deliver possession of the Space to Company in the same condition as delivered to Customer, reasonable wear and tear excepted. Customer agrees that any personal property left in the Space shall be deemed abandoned by Customer, and with respect thereto, Customer authorizes Company to remove such property from the Space and either dispose of it in any manner in Company’s sole discretion and without liability to Customer or retain such property as collateral for payment of the removal charges and/or any other amounts due Company. Nothing herein shall be construed as imposing a duty upon Company to store or safeguard the Customer’s property. Customer shall be responsible for any reasonable charges associated with cleaning-up of the Space and disposal of such property by Company. While the Space is not in Company’s possession, Customer accepts all responsibility for theft of or damage to the Space regardless of Customer’s fault or negligence, the fault or negligence of any other person or acts of God (e.g., fire, rain, wind, etc.), and shall reimburse Company for all expenses reasonably incurred by Company to replace or restore the Space that shall be paid by the Customer as additional rent. Company offers optional Space damage waiver (“Container Protection” or “CP”) that Customer may purchase from Company. If Customer purchases CP, Company agrees to contractually waive Customer’s responsibility for up to $1000 worth of damage caused to the Space, except that CP shall be invalidated if (a) the Space is (i) deliberately damaged by Customer, (ii) damaged due to Customer’s gross negligence, or (iii) damaged as a direct result of an act of Customer prohibited by the terms of this Agreement or due to the storage of an item(s) prohibited by the terms of this Agreement, (b) Customer fails to make payments for CP, or (c) Customer fails or refuses to provide Company, the police or other authorities with a full report of any accident or vandalism involving the Space or otherwise fails to cooperate with Company, the police or other authorities in the investigation of any accident or vandalism. The Container Protection applies only to the Space and is not protection for the contents stored in the Space. Some exclusions apply.
- STORAGE OF MOTOR VEHICLES/TRAILERS. In the event that any motor vehicle remains stored in the Space after termination of the Rental Agreement or upon Customer’s default, and in addition to all other rights and remedies available to Company, Company 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. Customer acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Customer’s expense. Company shall incur no liability to Customer for causing the vehicle to be removed pursuant to this paragraph. No repairs of any kind are permitted at our facility. Customer is not allowed to carry hazardous material, medical waste, radioactive products, petroleum-based products, paints, tires or any type of environmental waste onto any of our properties. Customer will be held responsible for any leakage of these products. Dump trucks, petroleum haulers, waste haulers, manure haulers, oil haulers, medical waste haulers, or any hazardous material trucks are not allowed at any of our properties. The Customer is responsible for any damage done to the Company’s building, property, fencing, gates, or concrete pavement. Customer agrees and accepts that each lot has different amenities such as pavement, gravel, cameras, lights, and gates. Gate codes and/or lock codes must not be shared. All gates must be locked every time and at all times when driver/lessee enters and exits the gates. Driver / lessee may not leave gate open for others and must lock the gate each time Customer enters and exits Company’s property. Any Customer that leaves the gates open at any time will have their will be asked to leave thus immediately terminating the Rental Agreement, and no refund will be issued for any rent or fees that have been paid. All vehicles must be backed in so Company can see the front of your parked vehicle and NUMBERED parking sticker/hanger. Only the vehicle(s) listed on the reservation form may be parked in the designated parking Space(s) unless otherwise approved by the Company. A photo of Customer’s stored vehicle must be uploaded when filling out the reservation form which will go into Customer’s file. A copy of the Customer’s insurance card/policy and Customer’s license must be uploaded to the reservation form. The vehicle(s) to be parked in said parking Space(s) owned and operated by the Driver / Licensee shall have current registration and insurance. Customer parks in Space at Customer’s own risk and must have insurance on Customer’s stored vehicle. Devices such as a kingpin, wheel locks, steering wheel locks, GPS tracking/location devices may be used to further secure your vehicle. All parking permits must be turned in upon termination of Space or a fee of $10 will be charged.
- NOTICES. Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail, deposited in the United States mail with postage thereon fully prepaid and addressed to the party to be served at the address of such party provided for in this Agreement or served by certified email. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed delivered after deposit in the United States mail, with postage thereon fully prepaid and sent to the last known address of the intended recipient as provided for in this Agreement. In addition, Company may communicate with Customer and provide Customer with any written notices required including that of default by applicable law or authorized under this Agreement via electronic mail if Customer has provided the Company with an electronic address. CUSTOMER HAS THE RIGHT TO CHOOSE TO RECEIVE ANY NOTICE BY MAIL OR ELECTRONIC MAIL. CHANGES TO YOUR PREFERRED METHOD OF RECEIVING NOTICE MUST BE SUBMITTED IN WRITING AND SENT BY FIRST CLASS MAIL OR HAND DELIVERED TO THE OFFICE. If Customer elects to receive monthly invoicing or receipts via US Mail, a monthly service charge of $5.00 per month per item shall be added to Customer’s account. There is no additional charge for receiving monthly invoices and receipts via email.
- NOTIFICATION OF CHANGE OF ADDRESS. In the event Customer shall change Customer’s place of residence or alternate address, Customer shall give Company written notice of any such change within ten (10) days of the change, specifying Customer’s current residence, alternate address, and telephone numbers. Failure to provide forwarding information in writing releases Company of any damages that might occur in the event that the Space must be removed or in exercising Company’s remedies upon an event of default. Company assumes no responsibility and will make no attempts to locate Customer if such information has not been provided.
- GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL. This Agreement shall be governed and construed in accordance with the laws of the State of South Carolina. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under South Carolina law, but, if any provision of this Agreement shall be invalid or prohibited under South Carolina law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Customer agrees to waive their rights to a jury trial for any and all claims made against or through Company. Customer further agrees that Company will be notified of all claims no later than the earlier of sixty (60) days from the initial discovery of the claim or default or sixty (60) days following the expiration or termination of this Agreement and failure to do so will result in the forfeiture of said claim. Any claims by Customer arising under this Agreement must be brought in a court of competent jurisdiction located in geographic area in which Company has its original place of business at the time of commencement of litigation proceedings. Customer waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Customer or Company from bringing an action to enforce any judgment or judicial order in any other jurisdiction. The prevailing party in any dispute will be entitled to recover from the losing party its costs (including costs of collection, reasonable attorneys’ fees, and investigative fees).
- ASSIGNMENT; SUCCESSION; THIRD PARTY BENEFICIARIES. Customer shall not assign or sublease the Space or any portion thereof without in each instance the prior written consent of Company. Company may assign or transfer this Agreement without the consent of Customer and, after such assignment or transfer, Company shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this Agreement shall apply to, bind, and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, any Company Agent is a third-party beneficiary of this Agreement and has the right to enforce the provisions of this Agreement directly against the Customer.
- RULES AND REGULATIONS. The rules and regulations (the “Regulations”) of Company’s Facilities posted in a conspicuous place at the Facility are made a part of this Agreement and Customer shall comply at all times with such Regulations while at the Facility. Company shall have the right from time to time to promulgate amendments and additional rules and regulations for the safety, care, and cleanliness of the Space, Facility and all common areas of the Facility, or for the preservation of good order and, upon the posting of any such amendments or additions in a conspicuous place at the Facility, they shall become a part of this Agreement.
- FORCE MAJEURE. Company shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
- MISCELLANEOUS. Customer understands and agrees that telephonic communications with Company or its Agents may be recorded. By providing your cellular number, Customer agrees to permit Company or its agents to contact Customer using an automatic telephone dialing system and/or a prerecorded voice regarding matters relevant to Customer’s account, including, without limitation, status of Customer’s contract, accounts payable, and any other operational or account matters. Customer agrees to assume any and all messaging and telephone costs associated with the Customer’s cellular phone plan. Customer acknowledges that this Agreement serves as consent to be contacted on any and all phone numbers, email and mailing addresses provided to Company by Customer before or after this notice. Company may make changes to the terms and conditions of this Agreement from time to time by either making the updated agreement available by mailing the updated agreement to Customer’s last known address or by emailing the updated Agreement to the Customer. Company may make such changes, at Company’s option, without providing any special notice or upon 30 days prior written notice to Customer. This Agreement, including all other documents specifically referenced in this Agreement, sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth herein, and no representative of Company or Company’s Agents is authorized to make any representations, warranties, or agreements other than as expressly set forth herein.
Company and Company’’s agents from and against all loses, damages, death, claims, injuries, costs and attorney’s fees arising directly or indirectly from (i) the use, placement, removal or condition of the Space, (ii) the loss of, damage of or destruction of the Space and/or contents (iii) any fine, liens, tax, penalty, towing, impound, or other charges arising from the use of the Space or (iv) your breach of this Agreement. IF CUSTOMER ACCEPTED THIS AGREEMENT ONLINE, ANY ALTERNATE CONTACT INFORMATION PROVIDED ONLINE IS INCORPORATED HEREIN BY REFERENCE. IF NO ALTERNATE CONTACT INFORMATION IS PROVIDED AND NONE IS PROVIDED ABOVE, PLEASE CONTACT COMPANY TO PROVIDE SUCH INFORMATION.
The parties here have executed this Agreement when the Customer signs the Click To Agree portion of the online rental agreement form, and they agree to be bound by all the provisions this Agreement.