1. STORAGE SPACE: Occupant rents from Owner the unit shown above, hereinafter the “Storage Space” for a monthly fee of which is shown above, per month. Occupant also agrees to pay the Administration Fee which is shown above as well. Occupant further agrees to pay an Advance Deposit shown above which is to be used, if required at Owner’s discretion, for the repair of any damage caused by Occupant and/or to clean up the Storage Space upon termination of this Agreement. If requested at move out and the Storage Space is left clean and in an undamaged condition, the deposit will be refunded within 14 days. The amount of the deposit need not be held in a separate account and will not be refunded with interest. It is further agreed that the Owner may set off claims against the Occupant, including unpaid rent and other charges, from this deposit. Occupant may not assign or sub-rent the Storage Space without the written permission of the Owner. In the absence of separate rental agreement(s), this Agreement shall be deemed automatically amended as necessary to include any additional unit(s) rented by Occupant, except that the deposit and monthly rental rate for any such additional unit(s) shall be the market rate then in effect at the Premises, and all late charges and fees shall be adjusted in a commensurate amount.
2. RENT: Owner acknowledges receipt this date of amount shown above which includes the New Account Administration Fee and Advance deposit. Thereafter, this Agreement shall continue on a month to month basis and will automatically renew for successive one-month periods unless terminated as set forth below. Evidence of Occupant’s continued occupancy will include the presence of Occupant’s property in the Storage Space or the Storage Space remaining locked with Occupant’s lock. Monthly rent shall be due and payable on the FIRST DAY of each successive month this Agreement remains in effect. Rent is payable in advance and the first month’s rent may be prorated to achieve a desirable due date for rent payments, though proration of rent shall not apply at the termination of this agreement. Rent paid more than FIVE DAYS late or rent checks that are dishonored cause owner to incur substantial damages and, thus, Occupant agrees to pay owner $15.00 which is considered a late fee. This fee will be charged for each month you are late. If Occupant’s lock must be cut for any reason, Occupant will be charged a lock cutting fee of $25.00. These charges shall be in addition to any other amounts due under the terms of this Agreement. Rent is payable to Owner at the above address without demand. If Owner exercises its right to lock the Storage Space for failure to pay rent, it is agreed that monthly rent continues to accrue for each month or portion thereof that Occupant’s personal property remains in the Storage Space, and until default is cured. Partial payments made to cure a default will not delay or stop the sale of Occupant’s property as further referenced herein. Nor do partial payments waive or avoid the legal effect of notices, including prior notices, given to Occupant. Owner reserves the right to refuse payment by check and to require cash payment of past due rents and other charges. All payments made by check or money order must contain the number of the Storage Space for which payment is intended. Owner is not responsible for any damages incurred as a result of Occupant's failure to include the Storage Space number on payments or other correspondence. There will be no partial month refunds on pre-paid rent. If your payment is made late, your unit may have a RED LOCK on it and the lock will be removed within 24 hours of the start of the next scheduled day of business. If a payment is made after hours, your RED LOCK will remain until removed by management which will only be removed within 24 hours of the start of the next scheduled day of business.
3. TERMINATION: This Agreement will continue from month to month unless Owner or Occupant gives the other 30 days advance written notice of the intention to terminate this Agreement. Upon termination of the rental term and any continuation thereof, Occupant shall promptly remove all stored property and deliver possession of the Storage Space to Owner unless same is subject to Owner’s lien rights as referenced below. Failure to remove all personal property before commencement of the next rental month shall not prevent termination at Owner’s request but shall obligate Occupant for rent for the full term of each rental month in which any of Occupant's personal property remains in the Storage Space and/or the Storage Space is locked with Occupant's lock. Occupant must leave the Storage Space in good condition and will be held responsible if the Storage Space is damaged or left in an unclean state. Owner may dispose of property left in the Storage Space or on the Premises after termination of this Agreement, though Occupant will be liable for paying all costs incurred by Owner in disposing of such property.
4. OCCUPANT’S ACCESS: Occupant’s access to the Premises and the Storage Space may be conditioned in any manner deemed reasonably necessary by Owner to maintain order on the Premises. At Owner’s discretion and without obligation of Owner, such measures may include, but are not limited to, requiring verification of Occupant’s identity, limiting hours of operation, and inspecting vehicles that enter the Premises. Access will be denied to any party other than the Occupant who does not retain gate code and key to lock on Space or has not supplied Owner with written authorization from the Occupant to enter the Space. Otherwise, only a court order will be sufficient to permit access by others.
5. USE AND COMPLIANCE WITH LAW: Occupant agrees not to use the Storage Space for any unlawful purpose and that no property will be stored in the Storage Spaces unless Occupant has full legal right to have such property in Occupant’s possession. Storage of flammable, explosive, toxic, noxious, odorous, or other dangerous materials is strictly prohibited. Occupant is obligated in advance to drain all gasoline or other flammable material from any property, including vehicles or machinery to be stored. Occupant shall not store any property in violation of any ordinance, order or requirement imposed by the Board of Health, Sanitary, Police or Fire Department or other governmental agency, nor do or cause to be done any act that may create a nuisance. Occupant acknowledges that the Storage Space may be used for storage only, and specifically agrees that the Storage Space will not be used for the conduct of a business or for human or animal habitation for any period of time whatsoever. Use by Occupant of any dumpsters on the Premises is limited to small paper and empty boxes flattened by Occupant. No electrical connections, alteration or modification of any kind are permitted to be made to any lighting or wiring within the Storage Space or on the Premises. Additionally, Occupant shall not use the space for: (1) Sanding or spray painting (2) Any use which constitutes a shop or service facility, (3) automobile repair (4) Continuous connection of any electrical appliance or extension cord (5) Practice facilities for rock bands or other individuals or musical groups (6) Installation of any telephone device (7) Garage sales, flea market, or sale of any kind directly from the Storage Space (8) Parties, gatherings, or meetings of any kind (9) Any use which involves alteration, structural change or defacement of the Premises, its walls, floor or overhead space (10) Any use of roof bar joists or structural members or supports for the purposes of lifting or storing any object (11) Storage of any food or liquid or anything likely to attract pests, such as grass seed, etc. (12) An address to be advertised or used for any purpose, or (13) Storage of inadequately packaged, wrapped or protected articles that could be damaged by absorption of moisture from floors or walls. NOTE: Any violation of the provisions within this paragraph shall be grounds for immediate termination of this Agreement and Occupant hereby agrees to hold Owner, Owner’s representatives and other Occupant’s harmless and to indemnify, save and defend such entities for any loss resulting from the violation of such provisions.
6. LIENS ON STORED PROPERTY: Occupant must disclose any lienholders with an interest in property that is stored or will be stored in the Storage Space. Occupant agrees to promptly advise Owner of future liens on property or liens on property subsequently placed in the Storage Space. Occupant states that there are no liens associated with any property currently stored in said units rented at this storage location. If at any time this changes, the Occupant understands that it is their sole responsibility to notify the management in writing that this status has changed.
7. LIMITS ON LIABILITY: Occupant acknowledges and agrees that the Storage Space is not suitable for the storage of heirlooms, precious, invaluable, or other property alleged or considered irreplaceable (e.g., jewels, furs, books, records, writings, works of art, objects for which no immediate resale market exists) and property alleged or considered to have special emotional or sentimental value. Occupant agrees not to store such items in the Storage Space. Occupant further agrees that in no event will the total aggregate combined value of all property stored in the Storage Space be deemed to exceed $5,000.00 unless the Owner gives specific written permission for Occupant to store property with a combined greater value. Nothing stated herein shall be deemed to establish that the stored property has any value whatsoever or to create any liability on the part of the Owner, which liability is expressly denied by Owner and released below. However, should any court of competent jurisdiction deem Owner liable for any loss or improper disposition of property, the total value of such property shall not be deemed to exceed this agreed limit.
8. NON-LIABILITY OF OWNER AND INSURANCE OBLIGATION OF OCCUPANT: It is specifically understood and agreed that no bailment is created hereunder. Owner is not a warehouseman engaged in the business of storing goods for hire. The exclusive care, custody and control of Occupant’s property shall remain vested in Occupant and all property stored within the Storage Space by Occupant or stored on the Premises shall be at Occupant’s sole risk. Owner and Owner’s representatives shall not be liable to Occupant for any damage to, or loss of, any personal property arising from any cause whatsoever, including, but not limited to, burglary, fire, flood, wind, water damage, moisture damage from concrete flooring, mold, mildew, mysterious disappearance, rodents, Acts of God, explosion, or the active or passive acts, omissions or negligence of Owner or Owner’s representatives. Neither Owner nor Owner’s representatives are liable for any loss or damage resulting from failure, interruption or malfunction of utilities. Safeguard owner IS NOT required to carry insurance which in any way covers any loss whatsoever that Occupant may have or claim in relation to the Storage Space or the Premises. Occupant, at Occupant’s expense, shall either (i) maintain a policy or policies of insurance to cover any loss that Occupant and/or Occupant’s insurance agent deem prudent, including, but not limited to, loss due to fire, water, moisture, mold, mildew, wind, flood, burglary, theft, vandalism, malicious mischief, Act of God, explosion, or any other act; or (ii) elect to self-insure Occupant’s property. Either way, insurance of contents is the sole responsibility of Occupant, whether by self-insurance or otherwise. Occupant agrees to have its insurer waive all subrogation rights against Owner.
9. RELEASE OF LIABILITY AND INDEMNITY: Occupant hereby releases Owner and Owner’s representatives from liability for any damage to or loss of Occupant’s personal property arising from any cause whatsoever, including, but not limited to, burglary, fire, wind, water, flood, mysterious disappearance, rodents, Acts of God, explosion or the active or passive acts, omissions or negligence of Owner or Owner’s representatives. Occupant also hereby releases Owner and Owner’s representatives from any liability for any injury or death to Occupant or Occupant’s representatives, invitees, or family members as a result of any use of or presence on or at the Storage Space or Premises by any of them, even if such injury or death is caused by the active or passive acts, omissions or negligence of Owner or Owner’s representatives. Occupants are responsible for any children they bring onto the Premises. Occupant hereby expressly further agrees to indemnify and hold harmless and defend Owner and Owner’s representatives from and against any and all claims (including claims for property damage, personal injury or death), demands, actions or causes of action (including attorney’s fees and costs) that are herewith brought by anyone arising out of or in connection with the use of or presence on or at the Storage Space or Premises by Occupant or Occupant’s representatives, invitees, or family members, including claims allegedly arising from the active or passive acts, omissions or negligence of Owner or Owner’s representatives.
10. CONDITION OF STORAGE SPACE, ALTERATION, SIGNS AND WASTE: Occupant assumes responsibility for examining the Storage Space and hereby accepts the same in its AS IS condition and agrees to pay Owner for any repairs to the Storage Space necessitated by Occupant’s use of same. Occupant understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space. Occupant shall not make or allow to be made any alterations to the Storage Space or the Premises, even if Occupant considers them to be improvements, nor post any signs thereon without express written consent of the Owner, nor shall Occupant permit any waste of the Storage Space or Premises. Occupant agrees to pay Owner for repair of any damage by Occupant to the Storage Space and to any gates or buildings on the Premises, including the exterior and gutters of any such buildings. If Occupant causes any such damage, Occupant may be denied access to the Storage Space until Occupant pays Owner for repair of all damage.
11. OWNER'S RIGHT TO ENTER, INSPECT AND REPAIR STORAGE SPACE/PREMISES: Occupant agrees that Owner or its representatives have the right to enter the Storage Space for the purpose of inspection without prior notice to Occupant whenever Owner believes that any hazardous condition or nuisance has been created or is occurring in the Storage Space, or for repairs to the interior or door, or inspections by governmental authorities. In the event any materials are discovered which are hazardous or constitute a nuisance, Owner may immediately arrange for their removal and disposal at Occupant’s expense.
12. RULES AND REGULATIONS: Owner shall have the right to establish or change hours of operation or to promulgate and amend rules and regulations for the safety, care and cleanliness of the premises or for the good of the facility. Occupant agrees to abide by all such existing and future rules.
13. OWNER'S REMEDIES AND LIEN UPON DEFAULT: (a) Time is of the essence in the performance of this Agreement and in the payment of each and every installment of rent and charges herein due. If any rent or charge shall be due and not paid, or if Occupant shall fail or refuse to perform any of the covenants, conditions or terms of this Agreement, Occupant shall be conclusively deemed in default. Upon any default by Occupant, Owner shall have the right, without notice to Occupant, to deny Occupant access to the Storage Space and/or Premises if such default is not cured within 5 Days. Denial of access shall include the right to remove Occupant’s lock and replace it with Owner’s lock. The right to deny access to Occupant shall be in addition to all other liens and/or remedies provided by law to secure and collect rent, labor or other charges, present or future, as a result of Occupant’s storage of personal property or other use of the Storage Space, including expenses necessary for preservation or reasonably incurred in the sale of or other disposition of property. Additionally, if Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Occupant to all rented Spaces.
(b) Notwithstanding any re-entry, locking of unit, or taking of possession by Owner as provided under this Agreement, Occupant’s liability for rent and charges provided for herein shall not be extinguished prior to termination of this Agreement and Occupant shall be personally liable for, and the personal property located in the Storage Space shall be subject to a lien for all rents and charges to the date of termination of this Agreement, damages for the breach of the Agreement, court costs, attorney's fees, expenses incurred for the removal and/or disposition, disposal or destruction of personal property and any costs of repair. In the event of a sale of goods as provided herein, it is agreed that the date of such sale shall constitute the date of termination of this Agreement.
14. OWNER’S LIEN RIGHTS: (a) Owner has a statutory lien upon all personal property located in the Storage Space for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to the “Self Service Storage Act,” Alabama Code (1975) as amended. Pursuant to said act, ALL ARTICLES STORED UNDER THE TERMS OF THIS RENTAL AGREEMENT WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS 30-DAY PERIOD. Owner shall notify Occupant that it has taken possession of the Occupant’s stored property and that the property is subject to sale if the rent and/or other charges are not paid within 30 days of continuous default. In the event that sale or disposal of Occupant’s property becomes necessary, Owner is authorized, in addition to other legal rights, including those referenced in the preceding section, to remove Occupant’s lock, enter the Storage Space and take possession of or remove the personal property to other suitable space pending its sale or other disposition. Owner is also authorized to place its own lock on the Storage Space until such contents are disposed of in the manner hereinafter provided. Additionally, Occupant hereby contractually grants Owner a lien in all goods stored in the Storage Space. (b) After 30 days of default, in full or part, Owner may sell Occupant’s stored property singly, in lots, or as a whole. After 30 days of default, in full or part, Occupant will be liable to Owner to pay reasonable fees for the sale and disposition of the property and will be charged a sale publication fee and sale fee of $50.00. These fees may be charged even if the sale is not physically conducted due to Occupant reclaiming the property. Owner shall be allowed to bid on the property at the sale. Proceeds of the sale will be applied to the rent, fees and charges owed by Occupant to Owner. If proceeds are insufficient to pay such rent, fees and charges, Owner may seek to enforce its right to recover the balance from Occupant. In the event proceeds of the sale exceed the full amount of all rent, fees and charges owed by Occupant to Owner, Occupant will be notified at Occupant’s last known address and Owner will hold such excess funds for the benefit of other lienholders or the Occupant for such period of time required under the “Self Service Storage Act,” Alabama Code (1975). Prior to the sale, Occupant may reclaim the property subject to the lien by paying, in cash or certified funds, the FULL AMOUNT of all rent, fees and charges owed to Owner and on the further condition that the Occupant forthwith remove all such reclaimed property from the Storage Space and peaceably surrender possession of the Storage Space to Owner.
15. ABANDONMENT OF OCCUPANT'S PROPERTY: Any property remaining in the Storage Space or on the Premises after Occupant’s default under the terms of this Agreement shall be deemed, in Owner’s sole discretion, to have been abandoned, and may either be retained by Owner as its own property or sold as provided by law. If such property or any part thereof is sold, Owner may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of re-entry and sale, cost of moving and storage, any arrears of rent or charges and any damages which the Owner may be entitled hereunder or pursuant to law in the order Owner so chooses.
16. WAIVER: No waiver by Owner, its agents, representatives or employees, of any breach in performance of any covenant, condition or term contained herein shall constitute a waiver of any subsequent breach or fault.
17. WAIVER OF EXEMPTION: As to enforcement of this Agreement, Occupant waives all right of exemptions, now or hereafter provided for under the Constitution and Laws of the State of Alabama or any other State.
18. NOTICES: All notices required under this Agreement will be sent to Occupant at the address given by tenant, by first class mail, postage prepaid, and shall be deemed delivered when deposited by Owner in the U.S. Mail. OCCUPANT AGREES TO FURNISH OWNER WITH WRITTEN NOTICE OF ANY CHANGE OF ADDRESS OR PHONE NUMBER AND OCCUPANT AGREES THAT UNLESS OWNER IS NOTIFIED OF SUCH CHANGE IN WRITING, OCCUPANT MAY BE CONTACTED OR NOTIFIED AT THE ADDRESS AND/OR TELEPHONE NUMBERS PROVIDED BELOW IN CASE OF EMERGENCY, FOR COLLECTION OF ANY DELINQUENCY IN OCCUPANT'S ACCOUNT, IN THE EVENT OF OCCUPANT’S DEFAULT UNDER ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR TO BE PROVIDED ANY OTHER NOTICE TO WHICH OCCUPANT MAY BE LEGALLY ENTITLED. NOTHING IN THIS PARAGRAPH SHALL BE DEEMED TO SUPERSEDE ANY OTHER PROVISION OF THIS AGREEMENT, NOR TO IMPOSE ANY ADDITIONAL OBLIGATION UPON OWNER.
19. EXCLUSION OF WARRANTIES: The agents and employees of the Owner are not authorized to make warranties about the Space or the Storage Facility. NO PROMISES OR REPRESENTATIONS OF SAFETY OR SECURITY HAVE BEEN MADE TO OCCUPANT BY OWNER OR OWNER’S AGENTS. THE OWNER'S AGENTS' AND EMPLOYEES' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES. THEIR STATEMENTS CANNOT BE RELIED UPON BY THE OCCUPANT AND ARE NOT PART OF THIS AGREEMENT. The entire agreement and understanding of the Occupant and the Owner is contained in this Agreement and NO OTHER WARRANTIES are given beyond those contained in this Agreement.
20. SEVERABILITY CLAUSE: If any part of this Agreement is declared invalid, such decision shall not affect the validity of any remaining portion, which shall remain in force and effect. This Agreement shall be construed under and in accordance with the laws of the State of Alabama.
21. EXPENSES OF ENFORCING AGREEMENT: Occupant agrees to pay all cost, including reasonable attorney's fees, incurred by the Owner in collecting delinquent rent, fees or charges or enforcing any of the provisions of this Agreement.
22. WAIVER OF TRIAL BY JURY: Occupant hereby waives the right to trial by jury of any claim or cause of action arising out of or relating in any way to this Agreement.
23. OCCUPANT’S LOCK: Occupant’s space must be locked with Occupant’s lock at all times. The Occupant assumes full responsibility for all persons who have keys and access to the Space. In the event Occupant fails to keep such a lock on the Space or Occupant’s lock is broken or damaged, Owner shall have the right, but not the obligation, to place its lock on the Space provided, however, that in such event Owner shall have no liability to Occupant for any loss or damage whatsoever, and Occupant shall indemnify and hold Owner harmless from and against any loss, cost or expense of Owner in connection with locking the Space, including the cost of the lock. The fact that the Owner has taken measures to secure the access to the Space under this paragraph shall not affect any other part of this Agreement.
24. PERSONAL INJURY: Owner and Owner's agents and employees shall not be liable whatsoever to any extent to Occupant or Occupant's invitees, family, employees, agents or servants for any personal injury or death arising from Occupant's use of the storage space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Owner, Owner's agents, or employees.
25. RELEASE OF INFORMATION: Occupant hereby authorizes Owner to release any information regarding Occupant and Occupant’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
26. FINANCIAL INFORMATION: Owner does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.
27. CLIMATE CONTROL: Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Owner does not warrant or guarantee temperature or humidity ranges in the space due to changes in outside temperature and humidity.
28. DRIVERS LICENSE: When renting a unit via our MOBILE APP, the Lessee affirms that the driver's license photo submitted with this agreement, is valid and that the Driver’s License represents the Lessee and the Lessee is the sole renter of the unit number rented as shown above at this said location.
29. PERMISSION TO COMMUNICATE: Lessee recognizes that Lessor and Lessee are entering into a business relationship as Lessee and Lessor. As such, Lessee hereby consents to Lessor phoning, faxing, e-mailing, texting (including automated calls and texts) and using social media to communicate with Lessee for marketing, collections and/or other business-related communications.
30. CHANGES: All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Owner upon thirty (30) days' prior written notice to the Occupant. If so changed the Occupant may terminate this Agreement on the effective date of such change by giving the Owner ten (10) days' prior written notice of termination after receiving notice of the change. If the Occupant does not give such notice of termination, the change shall become effective on the date stated in the Owner's notice and shall thereafter apply to the occupancy hereunder.
31. SEVERABILITY: If any provision of this Agreement or its application to any party or circumstance is held invalid or unenforceable, then the remainder of this Agreement and the affected provision to the extent it is not so held shall remain valid and enforceable and in full force and effect so long as the invalid or unenforceable provision does not go to the essence of this Agreement.
32. LIMITATION ON TIME TO BRING SUIT: Occupant agrees and understands that all causes of action against Owner arising from this Agreement and Occupant's use or occupancy of the Space and/or the Property must be commenced (started) by the filing of a lawsuit within one (1) year after either the claim arose, the Agreement has been terminated or the Occupant has vacated the Space, whichever is earlier.
33. WAIVER: No waiver by the Owner of any provision hereof shall be deemed a waiver of any of the other provisions hereof or of any subsequent default or breach by the Occupant.
34. TENANT'S LIABILITY: In the event of a foreclosure of the Occupant's interest in the Space, it is understood and agreed that the liability of the Occupant for the rents, charges, costs and expenses provided for in this Agreement shall not be relinquished, diminished or extinguished prior to payment in full. The Owner may use a collection agency thereafter to secure any remaining balance owed by the Occupant after the application of sale proceeds, if any. If any property remains unsold after foreclosure and sale, the Owner may dispose of said property in any manner considered appropriate by the Owner.
35. ACCESS TO UNIT AFTER DELINQUENT: DO NOT BE LATE WITH YOUR PAYMENT. If occupant is delinquent, manager “Is Not” required to remove red lock immediately once payment is made by Tenant. Management will remove Red Lock at managers discretion on the following scheduled day of business.
36. ELECTRONIC SIGNATURE: Occupant agrees that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect and enforceability as if it was made in a non-electronic form. If not signed with an original signature above and electronic signature is used, Occupant understands and agrees that Occupant is consenting to be legally bound by the terms and conditions of this Agreement as if Occupant signed this agreement in writing. Occupant agrees that no certification authority or other third-party verification is necessary to validate their e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the e-signature or any resulting agreement between Occupant and Owner. Additionally, Occupant certifies that he/she is age 18 or above. The use of a storage unit at said location above is sufficient consideration to support this agreement in full without the necessity of any signature hereon by the Lessors management.