lease - Lake Michigan Self Storage

SELF-STORAGE VEHICLE BOAT AND RV SPACE RENTAL AGREEMENT

Lake Michigan Self Storage – Allendale

Facility Address: 8454 Lake Michigan Drive, Allendale, Ml 49401

Mailing Address: 301 Maplewood Street, Suite 11, Greenville, MI 48838

(616) 892-6530 / www.lakemichiganselfstorage.com

Tenant Information:
Name: [tenant_firstname] [tenant_lastname]
Address: [tenant_address]
City: [tenant_city] State: [tenant_country]
Zip: [tenant_zipcode]
Cell Phone: [tenant_phone] Business Phone: [tenant_mobile]
Home Phone:
Email: [tenant_email]

(If Tenant has provided the Owner with an e-mail address, the Owner may communicate with Tenant andprovide Tenant with any written notices authorized or required under this Agreement or by applicable law via electronic mail)

SSN#:[tenant_ssn]
Driver’s License [tenant_driverlicense] State: [tenant_driverlicense_state]

Military: IF YOU ARE AN ACTIVE-DUTY MEMBER OF THE ARMED FORCES OR RESERVES OR THE MICHIGAN NATIONAL GUARD OR THE SPOUSE OR DEPENDENT OF A MEMBER OF THE ARMED SERVICES YOU MUST PROVIDE WRITTEN NOTICE TO OWNER. Ifyou are a service member, andyou are transferred or deployed overseas on active dutyfor aperiod of 180 days or more, you may notify the owner ofthe transfer or deployment. The Tenant shall provide written evidence ofthe transfer or deployment with the notice. Upon notice, Tenant is entitled to protections under governing law staying the enforcement of the Owner ‘s lien

Yes <ESign.Checkbox>,  No <ESign.Checkbox>. If so, state Branch, Base assigned and Commanding Officer: PLEASE EMAIL Admm@lakemiselfstorage.com with this informaiton
Alternate Contact Information:
PROVIDE THE NAME AND ADDRESS OF ANOTHER PERSON IN ADDITION TO YOURSELF TO WHOM ANY NOTICES MAY BE SENT.
Name: [tenant_alt_firstname] [tenant_alt_lastname]
Address: [tenant_alt_address]
City: [tenant_alt_city] State: [tenant_alt_country]
Zip: [tenant_alt_zipcode]
Cell Phone: [tenant_alt_phone]
Email: [tenant_alt_email]
Storage Space Information:
Storage Space: [unit_name]
Approx. Size: [unit_size]
Rent Due Date: [date_today]
Rent: [unit_price] (per month)
Administrative Fee: $30.00
Late Fee: $20.00 or 20% of rent. whichever is greater (per month)
Returned Check Charge: $35.00 (per returned check)
Inventory/Sale Preparation Charge: $30.00 Lock Cut. $75.00 Auction Fee

The following publicly available website (or other website specified by the Owner by written notice to Tenant) may be used by the Owner to advertise any public sale of your property as provided by law: www.craigslist.org and www.storagetreasures.com

NOTICE: If you fail to make your required payments, you will have to vacate the unit or your property may later be sold at a public sale. Before the sale, you will be notified by first-class mail or by electronic mail of the amount due. The notice will be mailed to your last known address. In order to preserve your right to be notified, it is important that you notify us in writing of any change in your mailing address. Also, you should supply us with the name and address of another person who can reach you if you are not at your mailing address, and we will notify that person at the same time and in the same manner as we notify you.

DESCRIPTION OF PROPERTY STORED OR TO BE STORED:
VEHICLE/BOAT TYPE:
YEAR: <Attribute.CustomSiteAttribute1>
MAKE: <Attribute.CustomSiteAttribute2>
MODEL: <Attribute.CustomSiteAttribute3>
LENGTH: <Attribute.CustomSiteAttribute4>                COLOR:   
            <Attribute.CustomSiteAttribute5>
LICENSE NUMBER:
IDENTIFICATION/SERIAL NUMBER:

PROOF OF OWNERSHIP AND REGISTRATION. Tenant 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 Tenant’s current registration of the motor vehicle or boat (and trailer). Motor vehicles, trailers, and boats are registered with the Michigan Secretary of State. Owner shall have the right to refuse Tenant access to the space if the Owner is not satisfied with the documentation of ownership and registration provided by Tenant. Unless the Tenant can provide additional documentation to satisfy the Owner, the Rental 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________________________________________________________________________

INSURANCE OBLIGATIONS OF TENANT: THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE TENANT’S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE TENANT’S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. The Tenant, at the Tenant’s expense, shall secure his own insurance to protect himself and his property against all perils of whatever nature for the actual cash value of the stored property. Insurance on the Tenant’s property is a material condition of this Rental Agreement. Tenant shall make no claim whatsoever against the Owner’s insurance in the event of any loss. The Tenant agrees not to subrogate against the Owner in the event of loss or damage of any kind or from any cause.

PROOF OF INSURANCE: Tenant shall deliver to Owner prior to occupying the Space copies of all insurance policies on the motor vehicle or boat (and trailer) as required in this Rental Agreement. Owner shall have the right to refuse Tenant access to the space if the Owner is not satisfied with the documentation of insurance provided by Tenant. Unless Tenant can provide additional documentation to satisfy the Owner, the Rental Agreement will be deemed to be terminated.

INSURANCE OWNER: <Insurance.Provider.Name>
POLICY NUMBER: EXPIRATION DATE:<Tenant.InsurPolicityNumProof> EXPIRATION DATE:
<TenantInsurCoverageExpiredProof>

UNAUTHORIZED VEHICLES/BOATS. The above-described vehicle, trailer, or boat is the only vehicle, trailer, or boat purmitted to be parked in the assigned space. No junk, inoperable or damaged vehicles, trailers, or boats may be stored at the Facility. Tenant agrees that any unauthorized vehicles, trailers, or boats can be removed by Owner at Tenant’s expense and that Owner shall not be liable to Tenant for removal of unauthorized vehicles, trailers, or boats. NOTE: TENANT AGREES TO DEFEND AND INDEMNIFY OWNER AS A RESULT OF THE REMOVAL OF ANY VEHICLE, TRAILER, OR BOAT IN TENANT’S SPACEARISING FROM TENANT’S USE OR TENANT’S INVITEE’S USE OF THE SPACE. No vehicle, trailer, or boat may be stored which is not owned by Tenant.

NOTICE OF LIENHOLDERS AND SECURED PARTIES. Owner directs Tenant to disclose any lien holders or any parties with an interest in the property that is stored or will be stored in the space (identify all companies or individuals to whom you owe money on the property stored). Tenant represents that the property stored or to be stored is free of all liens and secured interests except as follows (If none, write none. Please use a separate sheet of paper to provide additional lienholders or parties with secured interests):

Property descriptions with serial number:___________________________________________________
Lienholder/Secured Creditor:___________________________________________________________
Address/Phone Number:______________________________________________________________

Pursuant to this Rental Agreement (“Agreement”), Owner hereby agrees to lease, and Tenant hereby agrees to rent, the Storage Space stated above (the “Space”), and located at 8454 Lake Michigan Drive, Allendale, MI 49401 (the “Premises”), for the purpose of parking a motor vehicle, recreational vehicle, truck, trailer, boat, watercraft, or camper (collectively hereafter “Vehicle” or “Personal Property”) upon all of the terms and conditions set forth in this Agreement. Tenant further agrees to comply with the Rules and Regulations issued from time to time by the Owner concerning use of the Space and conduct on the Premises. Tenant acknowledges that Owner has a statutory lien upon all personal property, whether or not owned by the Tenant, located in the Space or on the Premises (“Lien”).

ADDITIONAL TERMS AND CONDITIONS

  1. Term:
The term of this Agreement shall be on a month-to-month basis and shall commence on the date the Agreement is executed. Owner may terminate this Agreement or exercise any other available remedies available to Owner hereunder or under applicable law if Tenant is in default. The minimum term is one month. There will be no refund of rent even if Tenant does not put property in the Space. Owner is not providing any services to Tenant pursuant to this Agreement other than renting the Space to the Tenant.
  1. Rent
Tenant shall pay Owner the monthly Rent stated above. The initial Rent payment shall be paid on the date of execution of this Agreement. Subsequent payments are due on the Rent Due Date stated above for each calendar month, in advance and without demand, and shall be delinquent if not paid on the monthly Rent Due Date. No monthly statements or reminders will be sent by Owner. Tenant understands that Rent is not pro-rated at the time of move-out and a partial month’s unused Rent is not refundable. Tenant understands that Rent must be paid in full each month and that Owner does not accept partial payments. Rent payments made after the Owner’s normal and/or posted office business hours will be credited to the Tenant’s account on the next business day. After the expiration of the Initial Term of this Agreement, the Owner may change the Rent or any other charge or fee by giving Tenant thirty (30) days’ advance written notice at the address listed in this Agreement.
  1. Partial Payments/Additional Rent:
Tenant agrees and understands that partial payments made to cure a default for non-payment of Rent will not delay or stop the sale of Tenant’s Personal Property unless agreed to in writing by Owner. All partial payments shall first be applied to late fees and any other fees or charges before being applied to the Rent. Partial payments do not waive or void the legal effect of prior notices given to Tenant. Only full payment on Tenant’s account prior to the published auction date will stop the scheduled sale of the Tenant’s Personal Property unless agreed to in writing by Owner. 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 Tenant to Owner as provided in the Agreement. In addition to the monthly Rent, Tenant shall pay all State and local sales taxes as may be assessed by the jurisdiction where the Premises is located.
  1. Charges and Fees:
Tenant agrees to pay Owner the Late Fee stated above if Rent is received five (5) or more days after the Rent Due Date. Tenant agrees to pay Owner the Returned Check Charge stated above, plus all bank charges for any dishonored or returned check. Late Fees will be applied to the Tenant’s account each month Tenant’s account is delinquent and shall be cumulative. Tenant shall also pay Owner the Inventory/Sale Preparation Charge stated above to cover the costs incurred in exercising Owner’s Lien rights as provided by law. These fees and charges are considered additional Rent due under this Agreement. Payments made by Tenant will always be applied first to the oldest charges on the Tenant’s account. Tenant further agrees to pay all fees as authorized by law.
  1. Security Deposit: Intentionally Left Blank.
  2. Default:
The Tenant shall be in default if the Tenant fails to pay Rent and charges when due or defaults on any other term or condition of this Agreement. The Tenant’s breach of the peace shall also constitute a default hereunder.
  1. Tenant Access:
Tenant shall have access to the Space during the normal hours of operation ofthe Premises as posted in the rental office at the Premises or as otherwise designated by Owner. ()wner may (but shall be under no obligation to) provide automatic access doors, elevators or electronic entry devices. Notwithstanding installation of such devices, Owner shall in no event be liable for any damages or in.jtny caused by Tenant’s inability to move between floors or an elevator or to gain access to, or exit from the Premises, whether because of mechanical or other electrical failure of the elevators, automatic access doors or electronic entry devices, or for any other reason. If Rent is not paid within five 5 da s of the Rent Due Date Owner ma without notice den Tenant access to the Personal Property located in the self-storage facility to the extent permitted by law. However, Owner reserves the right to restrict vehicle access to the Premises if the Tenant is in default. Access will be denied to any patty other than Tenant who does not have the gate code and a key to the lock on the Space or has not supplied Owner with written authorization from Tenant to enter the Space. Tenant’s access to the Space, Premises, Vehicle or Personal Property may also be conditioned in any manner deemed reasonably necessary by Owner to maintain order at the Premises. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter the Premises. Additionally, if Tenant 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 Tenant to all rented Spaces. No bailment or higher level of liability is created if Owner takes any steps to deny Tenant access to Personal Property located at the Premises. If Owner tenninates this Agreement as provided for herein, Owner has the right to deny vehicle access entry to the Premises during the termination period and control Tenant’s access on the Premises, including, but not limited to, requiring Tenant to be escorted by Owner’s agents or employees while at the Premises.
  1. Termination:
This Agreement shall continue from month to month unless the Tenant or Owner delivers to the other party a written notice of its intention to terminate the Agreement at least ten (10) 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 Premises and denial of access to the Personal Propeny located at the Premises) if Tenant is in breach of the Agreement or in the event that Tenant creates a nuisance or is engaged in disruptive, criminal, unlawful or other Owner-prohibited behavior that threatens the safety of other tenants and/or the preservation of the Facility. Owner may also exercise Immediate termination rights (including denial of vehicle gate access to the Premises and denial of access to the Personal Property located at the Premises) in the event that Tenant 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 Tenant 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. Tenant agrees that the Space shall be left in a broom-swept condition, in good condition and unlocked. If the Tenant 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 Tenant’s Space and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. Owner may dispose of any property left on the Premises by Tenant after Tenant has terminated his or her tenancy. All items, including boxes and trash left in the Space or on the Premises after vacating will be deemed to be of no value to the Tenant and will be discarded by the Owner at the expense of the Tenant. Tenant agrees to pay all costs incurred by the Owner for said cleanout and/or repair, or Owner may use a collection agency to collect unpaid invoices if Tenant has moved out. When vacating, remove all items including shelving, boxes and trash from the Space. It is Tenant’s responsibility to remove all items from the Premises. Use of the site dumpsters is prohibited. Rent and fees will continue to accrue if Tenant fails to remove personal lock. Tenant is responsible for any damage to the Space and the Premises. There is no grace period; one day constitutes another month.
  1. Care of the Premises:
Tenant, Tenant’s agents, employees, invitees and/or guests, shall maintain the Space in good condition, reasonable wear and tear excepted, and Tenant shall not perform any practices which may injure the Space or the Premises or be a nuisance or a menace to other tenants and shall keep the Premises surrounding the Space, including the adjoining corridors and/or driveways, clean and free from rubbish, dirt, and other debris at all times. Rubbish shall be removed by Tenant at Tenant’s expense. Owner is not responsible for removal of property of any nature. Use of Owner’s dumpster is strictly prohibited without prior permission from the Owner. Failure to obtain permission may result in a fee charged to Tenant’s account. Tenant is responsible for the cost to repair any and all damage to the Space, security gate, and any other part of the Premises caused by Tenant, Tenant’s agents, employees, invitees and/or guests.
  1. Owner’s Right to Access:
Tenant grants Owner or Owner’s agents access to the Space upon two (2) days’ advance written notice to Tenant. In the event of an emergency, default or nuisance, Owner shall have the right to enter the Space without notice to Tenant and take such action as may be necessary or appropriate to preserve the Space and surrounding Premises, 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 Tenant agrees that the Owner, or the Owner’s representative, shall have the right to move the Vehicle to another area of the Facility.
  1. Use of Space
Owner is not en a ed in the business of storin oods for hire and no bailment is created under this A reement. Tenant agrees that Owner does not exercise care. custody. or control over Tenant’s property located in the Space. Unless otherwise approved in writing by the Owner, Tenant agrees to use the Space only for the storage of Vehicles owned by Tenant and identified in this Agreement. Tenant shall provide Owner with true copies of all registration and insurance certificates pertaining to the Vehicle. Tenant agrees that any unauthorized Vehicles can be removed by Owner at Tenant’s expense and that Owner shall not be liable to Tenant for removal of unauthorized Vehicles. Vehicles 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. 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, Tenant 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. Tenant specifically agrees that Tenant 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. Tenant 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. Tenant shall not use the Space for any unlawful purpose or contraty to any law, ordinance, regulation, fire code or health code and the Tenant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere on the Premises and will keep the Space and the Premises in good condition during the term of this Agreement. In no case may Tenant reside in the Space or in the Vehicle while it is at the Facility, or store any flammables, perishables, hazardous or toxic materials, explosives, ammunition, anything alive or dead, food of any type, collectibles, heirlooms, jewelry, works of aft, property having special or sentimental value to Tenant, stolen property, guns or any illegal items. Tenant hereby waives any claim for emotional or sentimental attachment to any property in the Space. Tenant shall not loiter at the Premises, spend excessive or unnecessa1Y time in or around the Space, or interfere with the use of the Premises by other tenants. Any access to the Premises outside of access hours is considered trespassing. Unless otherwise agreed to in writing with Owner, Tenant 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. Trash, garbage, or discarded materials are not allowed in or near the Vehicle. Owner may enter the Space at any time to remove and dispose of any prohibited items at Tenant’s expense. Tenant understands that the Space is not heated or cooled, unless Tenant is renting a Space specifically designated as such by Owner. The use of any heating or cooling device in the Space is prohibited without the express written consent of the Owner. The Tenant 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 Tenant!s lease of the Space on the Premises or from any activity, work or thing done, permitted or suffered by the Tenant in the Space or on or about the Premises. Without limiting the foregoing, Tenant 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. Tenant 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) Tenant 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 Premises within thirty (30) minutes of the posted close of the Premises; (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 Premises, or the limited purposes of brief testing of its systems or equipment preparatory to its use off the Premises; (g) there shall be no repair, maintenance, painting, or any other work performed on the Vehicle while the Vehicle is located at the Premises; and (h) under no circumstances will Tenant cause the Vehicle to be rendered incapable of removal from the Premises under its own power, or otherwise disabled or rendered incapable of removal from the Premises 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 Premises. 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. Tenant agrees that any unauthorized Vehicles can be removed by Owner at Tenant’s expense and that Owner shall not be liable to Tenant 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. Tenant 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 31 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. Tenant acknowledges that at times it may be required to store an additional Vehicle at the Premises. Tenant agrees that all terms and conditions of this Agreement, including all releases provided herein, shall apply to any Vehicle Tenant may store at the Premises or in the Space, even if not the Vehicle identified in this Agreement. No smoking is allowed in the Space or the Premises. Owner, at its sole discretion, may require that Vehicles, trailers, or boats violating these provisions may be removed. If the Vehicle will be absent from the Space and/or Premises for more than ten (10) consecutive days, Tenant agrees to notify Owner of Tenant’s intent to remove the Vehicle for an extended period of time and shall continue paying monthly rent while the vehicle is absent and shall advise Owner of the estimated return date for the Vehicle.
  1. Hazardous or Toxic Materials Prohibited:
Tenant is strictly prohibited from storing or using within the Space or on the Premises any materials classified as hazardous or toxic under any local, state or       law or regulation, and from engaging in any activity which produces such materials. Tenant’s obligations of indemnity under this Agreement specifically include any costs, expenses, fines or penalties imposed against the Owner arising out of the storage, use or creation of any hazardous material by Tenant, Tenant’s agents, employees, invitees and/or guests. Owner may enter the Space at any time to remove and dispose of any prohibited items at Tenant’s expense.
  1. Locks:
Tenant agrees to use, and Tenant shall provide at its expense, a lock for the Space that Tenant deems sufficient to secure the Space. Tenant agrees to keep the Space locked when Tenant is not present at the Premises. Owner may, but is not required to, lock Tenant’s Space, with or without notice to Tenant, if it is found to be unlocked; provided, however, that in such event Owner shall not have any liability to Tenant for any loss or damage whatsoever, and Tenant 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. Tenant may use only one (l) lock per Space door and Owner may remove any additional locks placed on the Space by Tenant. Locks placed by Owner on a Space for any reason will only be removed during the Owner’s normal office business hours.
  1. Insurance:
TENANT 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 VEHICLE. THE OWNER DOES NOT PROVIDE ANY TYPE OF ‘INSURANCE WHICH WOULD PROTECT THE TENANT’S PERSONAL ‘PROPERTY FROM LOSS BY FIRE THEFT OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE TENANT’S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. Tenant, at Tenant’s expense, shall maintain a policy of fire, extended coverage endorsement, burglaw, vandalism and malicious mischief insurance for the stored Vehicle and any property within it as required by the laws of the State of Michigan for the actual cash value of stored property. ‘Insurance on Tenant’s property is a material condition ofthis Agreement and is for the benefit of both Tenant and Owner. Failure to carry the required insurance is a breach of this Agreement and Tenant assumes all risk of loss in the stored Vehicle or property within it that would be covered by such insurance, including any loss due to the alleged negligent or intentional acts of Owner, or Owner’s agents or employees, including negligent or intentional disposal of Tenant’s stored Vehicle and property. Tenant 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. Tenant may obtain insurance from the insurance company of Tenant’s choice. Tenant expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Tenant against Owner, Owner’s agents and/or employees for loss of or damage to stored property. It is expressly agreed between Tenant and Owner that it is intended that insurance coverage be acquired by Tenant to cover loss or damage to the Vehicle or property due to any acts whatsoever of Owner, Owner’s agents, or employees, whether intentional or negligent, or active or passive in nature, which results in any loss, disposal or damage to Tenant’s stored Vehicle or other property.
  1. Release of Owner’s Liability for Property Damage:
No bailment is created by this Agreement. Owner is not a warehouseman engaged in the business of storing goods for hire. The exclusive care, custody and control of any and all Personal Property stored in the Space shall remain vested in Tenant, and all Personal Property stored within at the Space or at the Premises by Tenant or by anyone shall be stored at Tenant’s sole risk. The Tenant must take whatever steps he deems necessary to safeguard such property. Owner, Owner’s agents and employees shall not be liable to Tenant or Tenant’s guests, invitees, family, employees, servants, or agents, and are hereby released from liability, for any loss or damage to any Personal Property stored in the Space, on the Premises, or in the Vehicle arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, vandalism, fire, smoke, water damage, , flood, hurricanes, rain, tornadoes, explosions, mold, mildew, rodents, insects, Acts of God, or the acts, omissions or negligence of the Owner, Owner’s agents, or employees. Tenant agrees to inspect Tenant’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 Tenant’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 Tenant’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 Tenant agrees that the maximum liability of the Owner to the Tenant for any claim or suit by the Tenant 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 Tenant for any loss or damages to the Tenant’s Property regardless of cause. It is agreed by the Tenant that this provision is a bargained for condition of this Agreement that was used in determining the amount of monthly Rent to be charged and without which the Owner would not have entered into this Agreement.
  1. Release of Owner’s Liability for Bodily Injury:
Owner, Owner’s agents and employees shall not be liable to Tenant, Tenant’s agents, employees, invitees and/or guests, and are hereby released from liability, for any injury or death to Tenant, Tenant’s agents, employees, invitees and/or guests as a result of Tenant’s use of Space, the Premises, or the Vehicle even if such injury is caused by the acts, omissions or negligence of the Owner, Owner’s agents or employees.
  1. Limitation of Value:
Because the value of ersonal ro ert ma be difficult or im ossible to ascertain Tenant shall not store an ro ert in the Space with a total value in excess of $5,000 without the prior written consent of Owner, which consent may be withheld, by Owner in its sole discretion. If such written consent has not been obtained the value of the Tenant’s ro ert shall be deemed not to exceed $5 000 and may be worth substantially less than $5,000. The Tenant agrees and understands that this limit of $5,000 is deemed to be the maximum value of the property stored in the Space and the maximum liability of the Owner for any claim or suit by the Tenant, including but not limited to any claim or suit which alleges wrongful or improper foreclosure or sale of the contents of a stora e unit. Nothin herein shall constitute an a reement or admission b Owner that Tenant’s Property has any value, nor shall anything in this section be deemed to create any liability on the part of the Owner to Tenant for any loss or damage to Tenant’s property, regardless of cause.
  1. Owner’s Lien:
THE OWNER AND THE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNEES OF THE OWNER HAVE A LIEN UPON ALL PERSONAL PROPERTY, WHETHER OR NOT OWNED BY THE TENANT, LOCATED AT THE FACILITY OR IN THE SPACE FOR RENT OR OTHER LAWFUL CHARGES ‘INCURRED RELATIVE TO THE STORAGE OF THE PERSONAL PROPERTY, INCLUDING EXPENSES NECESSARY FOR ITS PRESERVATION, OR REASONABLY INCURRED IN ITS SALE PURSUANT TO THE “MICHIGAN SELF SERVICE STORAGE FACILITY ACT” SET FORTH IN SECTIONS 570.521 ET. SEQ. OF THE MICHIGAN COMPILED LAWS. THE PERSONAL PROPERTY STORED WITHIN THE SPACE MAY BE SOLD TO SATISFY THE OWNER’S LIEN IF THE TENANT IS IN DEFAULT. OWNER SHALL NOT BE LIABLE TO TENANT OR ANY THIRD PARTY FOR THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE TENANT THAT THE PROPERTY PLACED IN THE SPACE WAS NOT THAT OF THE TENANT. PRIOR TO PLACING ANY PERSONAL PROPERTY IN THE SPACE WHICH IS NOT THE PROPERTY OF THE TENANT OR UPON WHICH A PRIOR LIEN IS ATTACHED, THE TENANT 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. OWNER IS NOT LIABLE FOR ANY DAMAGES OR CLAIMS RELATED TO THE RELEASE, USE, OR MISUSE OF CONFIDENTIAL, PROPRIETARY, OR PERSONAL IDENTIFICATION INFORMATION CONTAINED IN ANY DOCUMENTS OR OTHER MEDIA STORED BY TENANT IN THE FACILITY OR SPACE AFTER THE SALE OR OTHER DISPOSITION OF THE DOCUMENTS OR MEDIA. IF AN OWNER REASONABLY BELIEVES THAT A SPACE CONTAINS ANY DOCUMENTS OR OTHER MEDIA CONTAINING CONFIDENTIAL, PROPRIETARY, OR PERSONAL IDENTIFICATION INFORMATION, THE OWNER IS AUTHORIZED TO DESTROY ANY OR ALL OF THE DOCUMENTS OR MEDIA IN LIEU OF A SALE UNDER THIS SECTION. AN OWNER WHO DESTROYS DOCUMENTS OR MEDIA UNDER THIS SUBSECTION IS NOT LIABLE TO ANY PERSON FOR THE DESTRUCTION. IF AN OWNER HAS ACTUAL KNOWLEDGE OF, AND THE SPACE CONTAINS, ANY PROPERTY THAT THE OWNER MAY NOT LAWFULLY SELL, THE OWNER IS AUTHORIZED TO PROPERLY DISPOSE OF THE PROPERTY IN ANY MANNER ALLOWED BY APPLICABLE LAW IN LIEU OF A SALE UNDER THIS SECTION. AN OWNER WHO DISPOSES OF PROPERTY UNDER THIS SUBSECTION IS NOT LIABLE TO ANY PERSON FOR THE DISPOSAL. IF ANY PROPERTY TO WHICH A LIEN ATTACHES IS A MOTOR VEHICLE, AIRCRAFT, MOBILE HOME, MOPED, MOTORCYCLE, SNOWMOBILE, TRAILER, OR WATERCRAFT AND THE RENT AND OTHER STORAGE CHARGES REMAIN UNPAID OR UNSATISFIED FOR 60 DAYS, THE OWNER MAY, IN LIEU OF A SALE OF THE PROPERTY, HAVE THE PROPERTY TOWED FROM THE FACILITY. AN OWNER WHO HAS PROPERTY TOWED IS NOT LIABLE OR RESPONSIBLE FOR THE PROPERTY AFTER THE TRANSFER OF POSSESSION OF THE PROPERTY TO THE MOTOR CARRIER. Owner reserves the right to utilize on-line auction services to manage the sale of Tenant’s property as a result of Tenant’s default and the foreclosure of Owner’s lien. Tenant consents to the use of online auction services. . The following publicly available website (or other website specified by the Owner by written notice to Tenant) may be used by the Owner to advertise any public sale of your property as provided by law. www.craiglist.org to advertise and www.stora etreasures.com http://www.stora etreasures.com for sale of unit:
  1. Contractual Lien:
In addition to all applicable statutory liens, including, but not limited to, statutory liens arising the Michigan laws on self-storage facilities, Tenant grants to Owner, to secure performance of Tenant’s obligations hereunder, a contractual lien and a security interest in the Vehicle and all goods, inventory, equipment, fixtures, furniture, improvements, and other property of whatever kind located in or attached to the Vehicle, and other personal property of Tenant now or hereafter situated in the Vehicle or relating to Tenant’s use of the Facility, and all proceeds therefrom (the “Collateral”), and the Collateral shall not be removed from the Facility without the consent of Owner until all obligations of Tenant have been fully performed. Upon the occurrence of a default, Owner may, in addition to all other remedies, without notice or demand except as provided below, exercise the rights afforded under the Uniform Commercial Code or otherwise and, to the extent applicable, to a secured party under the Uniform Commercial Code or otherwise. Tenant hereby agrees that Owner may file any notice, form, financing statement or other instrument necessary to perfect and/or foreclose on the Owner’s and/or garage man’s liens and the security interest in the Collateral granted to Owner herein. This Agreement shall constitute a security agreement covering the Collateral. It is expressly understood that Owner retains its Owner’s statutory lien. All rights of Owner hereunder or in 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. Tenant hereby waives and renounces its right to the benefit of the exemptions provided under Michigan Law.
  1. Indemnification:
Tenant agrees to indemnify, hold harmless and defend Owner and Owner’s agents and employees from all claims, demands, actions or causes of action (including actual attorney’s fees and costs) that are hereinafter asserted against the Owner or Owner’s agents or employees and arising out of Tenant’s use ofthe Space and/or the Premises, including claims for Owner’s or Owner’s agents’ or employees’ negligence. 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 Tenant’s Vehicle.
  1. Abandonment:
Tenant shall be deemed to have conclusively abandoned all property which remains in the Space or at the Premises after the termination of this Agreement, upon default of this Agreement for thirty (30) days, or when Owner concludes based upon other reasonable considerations, including, but not limited to, an unlocked Space, that Tenant has abandoned Tenant’s property and the Space. Any Personal Property of Tenant which shall remain in or on the Space or at the Premises after the expiration or termination of the Agreement (other than termination of the Agreement while a default by Tenant exists) shall be considered abandoned at the option of Owner, and, if abandoned, Owner may sell, destroy or otherwise dispose of Tenant’s Personal Property in order to satisfy Owner’s lien. Tenant shall be liable for paying all costs incurred by Owner in disposing of such property.
  1. Relocation:
Owner, from time to time, at its expense, shall make all necessary repairs and perform all necessary maintenance to the Premises and the Space. Owner specifically reserves the right to move or remove the Vehicle stored from the Space and/or Premises at any time and in the event of an Emergency without notice to Tenant and with notice to Tenant in the event of non-emergency maintenance. Owner shall exercise reasonable caution in moving or removing the Vehicle and will endeavor to notify Tenant of the new location of the Vehicle or return the Vehicle to the Space and/or the Premises after the maintenance or Emergency has concluded. The costs of movement, if Tenant does not comply after Owner’s request, shall be invoiced to Tenant and be due and payable as Additional Rent.
  1. Sublease:
Tenant shall not assign this Agreement or sublet the Space without the express written approval of the Owner.
  1. Severability:
If any provision of this Agreement shall be held to be invalid, this Agreement shall be considered to be amended to exclude any such invalid provision and the balance of the Agreement shall be read independently of the invalid provision and shall remain in full force and effect.
  1. Governing Law:
This Agreement shall be subject to and governed by the laws of the State of Michigan.
  1. Waiver:
The failure of the Owner to enforce any covenant or other provision of this Agreement shall not constitute a waiver of the Owner’s right to do so thereafter, nor shall it give rise to any cause of action or defense on the part of the Tenant.
  1. Survival of Covenants:
The payment, indemnity and release of liability provisions hereof shall survive the expiration or termination of this Agreement.
  1. Changes:
The terms of this Agreement such as monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days’ prior written notice to Tenant. If changed, the Tenant may terminate this Agreement on the effective date of the change by giving Owner ten (10) days’ prior written notice to terminate after receiving notice of the change. Ifthe Tenant 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 his occupancy, whether or not the Tenant has agreed to the change in writing.
  1. Rules and Regulations:
Owner shall have the right to establish or change the hours of operation for the Premises and to issue Rules and Regulations for proper conduct and good order on the Premises. Tenant agrees to comply with all such Rules and Regulations as now in effect, or as may amended from time to time by Owner. 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.
  1. Alterations, Signs and Damage:
Tenant shall not make any alterations, additions or improvement to or perforations in the Space or the Premises or install any signs thereon without the written consent of Owner, which consent may be withheld by Owner in its sole discretion. Tenant shall not commit or permit any damage or waste to the Space or the Premises. Tenant assumes responsibility for having examined the Space and hereby accepts it as being in good order and condition and suitable for the parking of Tenant’s Vehicle in all respects. Tenant understands that all Space sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space. Should Tenant damage, depreciate, or destroy the Space or the Premises, or make alterations or improvements without prior consent of Owner, or require the ()wner to incur costs to clean or repair the Space and/or the Premises upon termination, then all costs necessmy to restore the Space and/or the Premises to its prior condition shall be borne by Tenant. The Owner shall have the right, upon nonpayment, to add the amount of said invoice to the Tenant’s account as “rent.” Tenant agrees and understands that its failure to pay said invoice may result in a default under the Tenant’s Agreement resulting in the possible foreclosure and sale of the Tenant’s Personal Property; or Owner may use a collection agency to collect unpaid invoices if Tenant has moved out. Tenant further agrees that any possible security measures taken by Owner för the Premises do not guarantee security from burglary of the Space, or robbery of persons at, or in, the Premises, and Tenant assumes the risk that such may occur from the moment Tenant enters the Premises to the moment Tenant exits the Premises. Tenant agrees to be solely responsible for providing such locks as Tenant desires for securing Tenant’s property stored in the Space. Owner is not responsible for taking any measures whatsoever to secure Tenant’s stored propetty and shall have no duty to notify Tenant in the event Tenant’s stored property becomes insecure. Tenant further agrees that Owner shall not be liable for any loss or damage suffered by Tenant as a result of any items of property found missing from the Space including, without limitation, as a result of theft by Owner’s employees, managers, agents or independent contractors, or by any other person.
  1. 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 ofthe Space for Tenant’s intended use or the nature, condition, safety, or security of the Premises, the Space, and/or the property in the Space. Owner disclaims and Tenant 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 Premises, 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 Tenant. The entire agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given. Tenant 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 Premises, or property stored in the Space and/or Premises, or otherwise and that neither Owner nor Owner’s agents or employees shall be required to provide any security protection to Tenant or the Tenant’s property stored in the Space and/or at the Premises. 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 Tenant 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 Tenant has been given an opportunity to inspect, and has inspected this Space, Premises, and facility, and that Tenant accepts such Space, Premises, and facility AS IS and WITH ALL FAULTS.
  1. Tenant’s Liability:
In the event of a foreclosure of the Tenant’s interest in the Space, it is understood and agreed that the liability of the Tenant for the rents, charges, costs and expenses provided for in this Agreement shall not be relinquished, diminished, or extinguished prior to payment in full. It is further agreed that the Tenant shall be personally liable for all rents, charges, costs and expenses including those incurred in the sale and/or disposition of the Tenant’s property as provided for above. The Owner may use a collection agency thereafter to secure any remaining balance owed by the Tenant 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.
  1. Personal and 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. Tenant waives and releases any and all claims or action against Owner for damages arising from the use of said information by others.
  1. Military Service:
If Tenant or Tenant’s Spouse is in the military service, Tenant must provide written notice to the Owner. The Owner will rely on this information to determine the applicability of the Servicemembers Civil Relief Act. If Tenant is a Service Member and Tenant is transferred or de 10 ed overseas on active du for a eriod of 180 da s or more Tenant shall noti the Owner of the transfer or deployment. The Tenant shall provide written evidence of the transfer or deployment with the notice. Upon notice, Tenant is entitled to protections under governing law staying the enforcement of the Owner’s lien.
  1. Release of Information and Vehicle Images:
Tenant hereby authorizes Owner to release any information regarding Tenant and Tenant’s occupancy as may be required by law or requested by governmental authorities, law enforcement agencies or courts. Tenant 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.
  1. Permission to Communicate:
Tenant recognizes Owner and Tenant are entering into a business relationship as Owner and Tenant. As such, Tenant hereby consents to Owner phoning, faxing, e-mailing, texting (including automated calls and texts) and using social media to communicate with Tenant for marketing, collections and other business-related communications. NOTICE MAY BE PROVIDED TO TENANT VIA EMAIL IF TENANT ELECTS TO PROVIDE AN EMAIL ADDRESS. Tenant specifically consents to receiving text messages from Owner at the cell phone number provided by Tenant in this Agreement or at any other cell phone numbers provided by Tenant to Owner. Texts from ()wner to Tenant may provide alerts regarding the Tenant’s account with Owner, Tenant’s tenancy in the Space, Tenant’s use of the Facility, rental or sales promotions from Owner, and/or the business relationship between Owner and Tenant. Tenant understands that text messaging rates will apply to any messages received from Owner. Tenant understands that Tenant’s consent to receive these texts is not required as a condition of entering into this Agreement or purchasing any goods or services from ()wner. Ten’ant also understands that Tenant or Owner may revoke this permission in writing at any time. Tenant agrees not to hold Owner liable for any electronic messaging charges or fees generated by this service. Tenant further agrees that in the event Tenant’s cell phone number changes, Tenant shall inform Owner of said change or be liable for any fees or charges incurred.
  1. Notices from Owner:
All notices required by this Agreement shall be sent by first class mail postage prepaid to Tenant’s last known address or to the electronic mail address provided by the Tenant in this Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutoty notices shall be sent as required by law. Notification by electronic mail is an authorized means of communication. If Tenant has rovided the ()wner with an e-mail address the Tenant consents to be contacted b electronic mail and to rom tl advise Owner of an chan e in the Tenant’s e-mail address.
  1. Notices from Tenant:
Tenant represents and warrants that the information Tenant has supplied in the Agreement is true, accurate and correct and Tenant understands that Owner is relying on Tenant’s representations. Tenant agrees to give prompt written notice to Owner of any change in Tenant’s address or contact information, any change in the liens and secured interest on Tenant’s property in the Space and any removal or addition of property to or out ofthe Space within ten (10) days of the change. Tenant understands he must personally deliver such notice to Owner, mail the notice by certified mail, return receipt requested, with postage prepaid to Owner at the address shown on the Agreement addendum or send the notice via e-mail only if e-mail is acknowledged by Owner. Owner does not recognize or acknowledge address changes which are not delivered to Owner in writing and signed by Tenant. Tenant’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 Tenant of any defenses based on failure to receive any notice.
  1. Ancillary Services:
Tenant agrees and understands that the Owner may offer ancillary services at the Facility relating to the storage of the Vehicle. Any and all amenities may be utilized only in compliance with the Premises’ published rules and fees for such use, which are deemed incorporated into and a part of this Agreement and are subject to change by Owner from time to time. Use of any amenity is solely at Tenantts 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. Monthly fees for use of amenities, if any, are payable whether or not Tenant utilizes them in that month. Owner reserves the right to terminate any amenity being provided. Tenant shall be liable for any damage to property or costs occasioned by Tenant’s use or misuse of any amenity.
  1. Authorized Entry:.
Any person with a valid gate code and a key to the Vehicle is presumed to have Tenant’s authorization to remove the Vehicle from the Space and the Premises
  1. Jury Trial Waiver:
To the extent permitted by law, Owner and Tenant each waives its right to trial by jury in any proceeding, at law or in equity, arising out of or in any way related to this Agreement, Tenant’s use of the Space or any other claim, including, but not limited to, claims for bodily injury, loss or damage to property or Personal Property or the enforceability of any law, statute or regulation.
  1. Temperature Control:
Tenant understands and acknowledges that all storage spaces are outdoors. Tenant understands and acknowledges that the Premises and the Space do not provide for constant internal temperature or humidity control, even if the Space is covered. Owner does not warrant or guarantee temperature or humidity ranges in the Space or Premises due to changes in outside temperature and humidity. Tenant acknowledges that the Space, even if covered, is not secure against the hazards of rodents, insects, fire, burglary, mold, mildew, the elements of weather or earthquake, or the acts of God and Tenant agrees that Owner has no duty or responsibility to make the Space safe and secure from such hazards. Tenant waives any claim for loss of or damage to the Personal Property from temperature, hazards of rodents, insects, fire, burglary, the elements of weather or earthquake, or the acts of God. within the S ace solel at their own risk.
  1. Attorneys’ Fees:
In the event Owner obtains services of an attorney to recover any sums due under this Agreement, for an unlawful detainer, for the breach of any covenant or conditions of this Agreement, or in defense of any demand, claim, or action brought by Tenant, Tenant agrees to pay to Owner the reasonable costs, expenses, and attorneys’ fees incurred in such actions.
  1. Arbitration:
In the event of any claim, dispute or lawsuit by Tenant against Owner (or Owner against Tenant) arising from Tenant’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 TENANT 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 Tenant 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 SelfStorage Industry. The NAM arbitration rules and procedures may be found www.namadr.com. Tenant understands that Tenant is entitled to ajudicial 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 Tenant stipulate and agree that they have had sufficient time and opponunity to consider the implications of their decision to arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration ofthe consequences of entering into this addendum. IF OWNER CHOOSES ARBITRATION, TENANT SHALL NOT HAVE THE RIGHT TO LITIGATE SUCH CLAIM OR LAWSUIT IN COURT OR TO HAVE A JURY TRIAL. TENANT IS ALSO GIVING UP TENANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER COLLECTIVE ACTION LAWSUIT OR ARBITRATION.
  1. Succession:
All provisions of this Agreement shall apply to and be binding upon all heirs, successors in interest, assigns, or representatives of the panies hereto.
  1. Access to Space and Premises Due to Emergencies or Weather:
Owner reserves the right to deny access to the Space and/or the Premises to all tenants due to federal, state, or local emergencies or due to inclement weather. Owner shall incur no liability to Tenant for the denial of Tenant’s access to the Space and/or Premises due to federal, state, or local emergencies or inclement weather.
  1. Conduct:
Tenant and Tenant’s guests and invitees shall behave, conduct themselves, and communicate with Owner, Owner’s employees and agents, and other tenants in a professional, businesslike manner while at the Premises. Abusive or harassing language or conduct by Tenant or Tenant’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 Premises and denial of access to the Space) and to exercise any other remedies provided at law or in equity, including immediate removal of Tenant’s property from the Space and the Premises. If Tenant or Tenant’s guests or invitees are in violation of this paragraph, Owner has the right to control Tenant’s access on the Premises, including, but not limited to, requiring Tenant to be escofted by Owner’s agents or employees while at the Premises.
  1. Owner’s Employees:
Should any of Owner’s employees perform any services for Tenant at Tenant’s request, such employees shall be deemed to be the agent of the Tenant, regardless of whether payment for such services is made or not, and Tenant agrees to indemnify and hold Owner harmless from all costs, expenses or liability in connection with or arising, directly or indirectly, from such services performed by employee of Owner. Notwithstanding that Owner shall not be liable for such occurrences; Tenant agrees to notify Owner immediately upon the occurrence of any injury, damage or loss suffered by the Tenant or other persons on or within the Premises.
  1. Electronic Signature:
Tenant 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, Tenant understands and agrees that Tenant is consenting to be legally bound by the terms and conditions of this Agreement as if Tenant signed this agreement in writing. Tenant agrees that no certification authority or other thir&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 Tenant and Owner. Additionally, Tenant certifies that he/she is age 18 or above.
  1. Entire Agreement:
This Agreement contains all of the understandings and agreements between the Owner and Tenant with respect to the lease or rental of the Space and supersedes and replaces any prior oral or written agreements with respect thereto. Except as otherwise provided herein, the terms of this Agreement may be modified, amended or supplemented only in a writing. NOTICE: Do not sign this Agreement until you have read it and fully understand it. This Agreement releases the Owner from liability for loss of or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor. By signing this Agreement, you hereby authorize Owner to also provide such notice to your Alternate Contact Person. <ESign.Signature1>                                                                           Tenant Signature                                                                                 Manager Signature ESigfiDatePicker Date                                                                                                        Date