Stow Away Storage Sample Rental Agreement
The Stow Away Rental Agreement (“Agreement”) is effective as of the date Lessee accepts this agreement online or thedate Lessee accepts delivery of the Unit(s), whichever occurs first. This is a binding agreement. The Agreement is subject to the following terms and conditions. Lessee is strongly urged to read and review this Agreement before signing. By signing this Agreement Lessee acknowledges having had the opportunity to read and review this Agreement.
Due to the nature of Lessor’s business and its purpose being storage, Lessee understands that the Lessor in notrepresenting to Lessee, in any manner whatsoever, that Lessor is a “warehouseman” as such term is defined by applicablestate statutes. No bailment or deposit of goods for safekeeping is intended or created hereunder. Further, the partiesexpressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehousemanlaws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any otherrelationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement.
Notice: The monthly occupancy charge and the other charges stated in this Agreement are the actual charges Lessee must pay.
This Agreement is subject to change by Lessor at any time, at its sole discretion, with or without advance notice.
Terms and Rent
You must be 18 years of age and have a valid major credit card to enter into this Agreement.
By entering into this Agreement you authorize Lessor or Lessor’s Agent to charge your Payment Method the periodic Rental Fee, plus applicable taxes and fees, until the Agreement is terminated as well as any charges for damages to the Unit(s). When the rental term ends, the Unit(s) must be in the same repair, condition and working order as at the commencement of the rental Term, except for ordinary wear and tear associated with the proper use of the Unit(s). Lessee will be liable for damage beyond reasonable wear and tear and Lessee will be charged for such damages. Lessee agrees to pay these charges.
Initial payment is due upon entering into this Agreement. This includes delivery fee (if applicable), rental fee, and any other applicable taxes and fees. Hereinafter, payment is due in full upon the first day of the new rental period, this is the Due Date. The Due Date will be the monthly anniversary of the day the Unit(s) was received or the day the Unit(s) was first assigned to the Lessor, or the last day of the month if the Due Date falls on a day that does not exist in the current month. Lessee will not be entitled to a refund of any prepaid rent, fees, or charges under any circumstance, this includes delivery and pick up charges.
The amount of the rental fee may be changed as necessary, with one month’s written notice. A change in the rental fee will not affect the rest of this Agreement.
Lessee will be responsible for all costs of collection, including but not limited to, court cost, filing fees, attorney’s fees.
Lessor, leases to Lessee and Lessee leases from Lessor one or more self-contained storage units (“Unit(s)”). For all orders placed by Lessee for the use of a Unit(s), the terms and conditions of this Agreement will apply without the necessity of having Lessee and Lessor execute separate and individual contracts.
Lessee has the option of having the Unit(s) delivered to a location of their choosing or having it stored at a location of the Lessors.
Should Lessee choose to store the container at Lessor’s premises, Lessee will only have access to the Unit(s) during specified hours with advance notice to Lessor. The specified hours are 9am – 5pm (local time) Monday thru Friday. Please contact the Lessor to arrange access to the Unit(s). Lessor may move Unit(s) on Lessor’s property at any time without notice to Lessor.
Should Lessee choose to store the container at Lessee’s premises, Lessee is responsible for providing an accurate address. Lessee will be liable for any cost incurred by Lessor due to an inaccurate address. Lessee further acknowledges that placement of Unit(s) may be subject to rules and regulations of governing entities, and that Lessee is responsible identifying and complying with these restrictions (See “Local Ordinances and Regulations”).
Lessee acknowledges that Lessor will attempt to place the Unit(s) on a driveway or other paved surface immediately accessible from a street fronting Lessee’s Premises and represents such placement area shall have adequate size, clearance, and structural integrity to sustain the weight and size of the Unit(s), Delivery Truck, Delivery Trailer, and any other related equipment. Lessee authorizes Lessor to drive on Lessee’s paved surfaces, gravel, curb, lawn or other non-paved area in order to place the Unit(s) pursuant to Lessee’s instructions or due to a designated area lacking adequate size and/or clearance. Lessee assumes full risk of all damage resulting from the delivery, placement, or retrieval of the Unit(s) and Lessee releases Lessor from any responsibility for such damage or from damage resulting from complications due to delivery, placement, or retrieval. Potential damages include but are not limited to: Sprinkler Pipes, Sprinkler Heads, Lawn, Gravel, Belgian Block, Curbs, Sidewalks, Cable Lines, Power Lines, Branches, Bushes, Awnings, Gas Lines, Sewer Lines, Septic Systems. Location of Unit(s) must be clear of debris, obstacles, etc. before delivery and pick up of the Unit(s). If driver is delayed due to these conditions not being met there will be a $75.00/HR charge.
Lessee agrees that the Unit(s) will not be relocated or moved. The Unit(s) is only to be moved by one of the Lessor or Lessor’s Agents with the proper equipment. The Unit(s) will be considered to have been relocated or moved if the Unit(s) has been moved greater than .25”. In the event it is determined that the Unit(s) has been relocated there will be additional charges (See “Fees, Late Charges, Etc”).
Lessee hereby authorizes Lessor to enter upon the Lessees Premises whenever Lessor deems it necessary to enforce any of Lessor’s rights pursuant to this Agreement or pursuant to any state or federal law. Lessee warrants that Lessee has, as owner or otherwise: (a) all the necessary rights with respect to the Lessee’s Premises for purposes of this Agreement; and (b) the right and authority to permit Lessor’s unrestricted entrance upon Lessee’s Premises.
Lessee shall not permit the Unit(s) to become, and/or remain a fixture on any real estate. The access provided to Lessor for pick-up shall be the same or equivalent of that provided to Lessor for delivery.
By entering into this Agreement Lessee agrees to only store approved property in the Unit(s) and not to exceed 2,500lbs of property in each Unit. Lessee agrees that Lessee will not store property that others have claim, right, title, or interest to. In addition, there are items that are prohibited to store including but not limited to Hazardous or Toxic Material (as classified by any local, state, federal law or regulation), food, perishable goods, acid, gasoline, flammable materials of any kind, fertilizer, charcoal, paints, or explosive materials of any kind, any dangerous items, any controlled substance, any item that is in violation of the law, any items that are affected by temperature, moisture, or humidity, any items of sentimental value, any living thing, or any item that will cause consequential damages or emotional distress to Lessee if item were missing, stolen, or damaged.
Certain actions are prohibited in the Unit(s) as well. No human may inhabit and no living thing may be kept in the Unit(s). No one shall engage in any activity that produces a Hazardous or Toxic Material (as classified by any local, state, federal law or regulation). Lessee shall not use the Unit(s) in any manner that will constitute nuance or unreasonable annoyance to other Lessee’s, Lessor, or neighbors of the Lessee or Lessor.
Lessee shall provide, at Lessee’s own expense a lock(s) for the Unit(s) that Lessee, at Lessee’s sole discretion deems sufficient to secure the Unit(s). All Unit(s) must be locked while unattended. All Unit(s) must be locked prior to Lessor moving the Unit(s).
Lessee shall not make or allow any alterations of any kind or description whatsoever to the Unit(s) without, in each instance, the prior written consent of the Lessor.
Termination of Service
Written notice is required to terminate service. Lessor may terminate this Agreement for any or no reason effective immediately upon notice to Lessee. Lessee must give Lessor 7 days’ notice. If Lessee does not give notice 7 days prior to the Due Date, Lessee will be charged their next periodic payment. Notwithstanding the foregoing Lessee shall only be entitled to terminate this Agreement provided there are no outstanding amounts owing to Lessor and Lessee is not in default under this Agreement (See “Default”).
The Agreement will be terminated when the Unit(s) is picked up (even if this is after the end of Lessee’s paid rental period) or when the Unit(s) is emptied if it is at Lessor’s facility, provided the account is paid in full.
Fees, Late Charges, Etc
If Lessee is delinquent in the payment of any rent, fees, or charges due under this Agreement, Lessee authorizes Lessor to charge Lessee’s Credit Card Account. Lessor shall have no liability to Lessee for charges applied so long as charges are applied by Lessor in good faith.
If your credit card is declined, expires, or is otherwise inactive on the Due Date, your account will be assessed a $20 administrative fee, plus any applicable late fees, plus any other fees that apply under this Agreement.
Cancellations or changes of pick-ups or deliveries
Require a minimum of 48 hours’ notice. A $50.00 charge will assessed if a Lessee cancels without providing 48 hours’ notice.
There will be a $150.00 minimum charge and up to the value of the Unit(s) plus any cost of retrieval for any Unit(s) that have been moved on Lessee’s Property from one location to another.
There will be a $300.00 minimum charge and up to the value of the Unit(s) plus any cost of retrieval, plus $4.00/mile for all additional mileage for Unit(s) that have been moved from the Lessee’s property.
Rent, taxes, or fees not received by the end of business on the Due Date shall be deemed late. On the 10th day after the Due Date or the earliest date allowed by law, whichever comes first a $25.00 late fee will be assessed; this will be considered additional rent. Customer assumes full responsibility for lost or damaged mailed rent payments.
Lessee shall not assign or sublease the Unit(s) or any portion thereof without in each instance obtaining the prior written consent of the Lessor. Lessor may assign or transfer this Agreement without the consent of the Lessee and, after such assignment or transfer, Lessor shall be released from all obligations under this Agreement occurring after such assignment or transfer.
Right To Enter, Inspect, Repair Unit
Lessee shall grant Lessor, Lessor’s Agents or the representatives of any governmental authority, including police and fire officials, access to the Unit(s) and the premises where such Unit(s) may be located, If necessary, as required by applicable laws and regulations or in connection with Lessor exercising its rights as set forth in this section. In the event Lessee shall not grant access to the Unit(s) as required, or in the event of any emergency or upon Default (See “Default”) of any of Lessee’s obligations under this Agreement, Lessor, Lessor’s Agents or the representative of any governmental authority shall have the right, but not the obligation, to remove Lessee’s lock(s) and enter the Unit(s) for the purpose of examining the Unit(s) or the contents thereof or for the purpose of making repairs or alterations to the Unit(s) and taking such other action as may be necessary or appropriate to preserve the Unit(s), or to comply with applicable law including any applicable local, state or federal law or regulation governing Hazardous Materials or to enforce any of Lessor’s rights. Lessee is not entitled to compensation for the lock(s).
Condition of Unit Upon Termination
Upon termination of this Agreement for any reason, Lessee shall remove all Lessee’s property from the Unit(s), unless such property is subject to Lessor’s lien rights as provided herein (See “Lessors Lien”), and shall immediately deliver possession of the Unit(s) to Lessor in the same condition as delivered to Lessee at the beginning of this Agreement, reasonable wear and tear expected. Lessee agrees that any personal property left in the Unit(s) shall be deemed abandoned by Lessee, and with respect thereto, Lessee authorizes Lessor to remove such property from the Unit(s) and either dispose of it in any manner in Lessor’s sole discretion and without liability to Lessee to retain such property as collateral for payment of the removal charges and/or any other amounts due Lessor. Nothing herein shall be construed as imposing a duty upon Lessor to store or safeguard the Lessee’s property. Lessee shall be responsible for any reasonable charges associated with cleaning up of the Unit(s) and disposal of such property by Lessor. While the Unit(s) is not in Lessor’s possession, Lessee accepts all responsibility for damage to or theft of the Unit(s) regardless of Lessee’s fault or negligence, the fault or negligence of any other person or acts of God (e.g., fire, rain, wind, etc.), and shall reimburse Lessor for all expenses reasonably incurred by Lessor to replace or restore the Unit(s) that shall be paid by the Lessee as additional rent.
The following events shall be deemed to be events of default by the Lessee under this Agreement:
- Lessee shall fail to pay any installment of the rent due under this Agreement.
- Lessee shall fail to comply with any term, provision or covenant of this Agreement, other than the payment of rent, and shall not cure such failure within ten (10) days after written notice thereof to Lessee.
- Lessee shall abandon the Unit(s).
Remedies Upon Event Of Default
If an event of Default shall occur, Lessor shall have the right at its election, then or at any time thereafter while such event of Default continues, to pursue the following remedies or any other remedies provided for under applicable laws under this Agreement. All expenses incurred by Lessor that are connected with the collection of any and all outstanding balances owed by Lessee will be assessed to the Lessee (including reasonable attorney’s fees and other expenses). Lessor may immediately deny Lessee access to Lessee’s property stored in the Unit(s) or Lessor may immediately terminate this Agreement by giving notice to Lessee, in which event Lessee shall immediately surrender the Unit(s) to the Lessor and if Lessee fails to do so, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent, deny Lessee access to the Unit if located at facility or enter upon Lessee’s premises and take possession of the Unit(s) and Lessee’s property stored in the Unit(s), and expel or remove Lessee, without being liable for prosecution or any claim of damages therefore and Lessee hereby agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Unit(s) on satisfactory terms or otherwise. Lessor’s remedies are cumulative and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to Lessor.
In addition to any liens and remedies provided by applicable law to secure and collect rent, Lessee hereby grants to Lessor a contractual Lessor’s Lien upon all property, now or at any time hereafter stored in the Lessee’s Unit(s) or at the facility, to secure the payment of all rents or other charges payable under this Agreement now or in the future. In the event Lessee is in Default of this Agreement, Lessor may begin the enforcement of its lien, including denial of access the Unit(s) by the Lessee, against all property stored in the Unit(s) or at the facility in accordance with the laws of the jurisdiction in which the Lessee’s property is located when the Lessor commences the enforcement of its lien. Property may be sold or otherwise disposed of at the facility or nearest suitable location to satisfy the applicable lien law. Proceeds, if any, from the sale of the property in excess amounts owed to Lessor, will be paid (if any) to the state treasurer if unclaimed by the Lessee as prescribed by applicable law (which may be one year or more after the sale). As Lessor has no knowledge of the property stored in Lessee’s Unit(s), Lessee hereby waives any obligation that Lessor provide a description of the property stored in Lessee’s Unit(s) to the extent required by applicable state lien laws.
Lessee understands and agrees that full payment of the outstanding balance must be tendered prior to the sale date to stop a scheduled lien.
In the event Lessor commences a lien sale due to the Lessee’s default of rent, fees, taxes, or charges under this Agreement, Lessee shall pay all costs and expenses incurred by Lessor processing the Lessee’s account whether or not a lien sale occurs. These costs include but are not limited to advertising, mailing fees, and a lien handling charge.
In accordance with Applicable Lien Laws, please provide here the name and address of another person to whom notices of the applicable Lien may be sent:
No Representation of Warranties
Lessor hereby disclaims any implied or expressed warranties, guarantees, representations of the nature, condition, safety or security of the Unit(s) and the facility. Lessee acknowledges that no represenations or warranties have been made with respect to the safety, security, or suitability of the Unit(s) for the storage of property or Lessee’s intended use, and that Lessee has made their own determination of matters solely from inspection of the Unit(s). Lessee acknowledges and agrees that Lessor does not represent or guarantee that safety or security of the Unit(s) or the facility or of any property stored therein and the Agreement does not create any contractual duty for Lessor to create or maintain such safety or security. Lessee further acknowledges and delivery of any Unit(s).
Waiver of Liability
By accepting delivery of Unit(s) (if at Lessee’s premises) or by loading Unit(s) (if at Lessor’s premises) Lessee acknowledges that Unit(s) is satisfactory for all of Lessee’s purposes and that they have examined the Unit(s) for including but not limited to water leakage, and that no evidence of water leakage was detected. Lessee bears all responsibility for any and all damage or loss caused by water leakage.
Lessee assumes full risk of loss and bears all liability for all damages resulting from the damage or loss of stored personal property items and/or Lessee’s owned storage containers, whether stored on Lessee’s Property, Lessor’s Property, or transported to or from said properties or within said properties. Lessee assumes full responsibility and liability for packing Lessee’s property into the Unit(s) and in such a way that the property will withstand the vigor of transport associated with a motor vehicle. Lessee is also responsible for distributing the weight evenly throughout the Unit(s). Lessor does not assume any liability for such loss, and carries no insurance coverage for same. Lessee is responsible for their own liability insurance for any loss or damage however caused, including, without limitation, burglary, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omissions or negligence of Lessor or Lessor’s agents. Lessee specifically waives any legal claims against Lessor, its employees, owners, agents or servants relating to this Agreement, the contents, storage, or moving and transportation of the Unit(s).
All property is stored by Lessee at Lessee’s sole risk, regardless of the location of the Unit(s). Insurance is the Lessee’s sole responsibility. Lessee personally assumes all risk of loss, including damage to or theft of Lessee’s property due to burglary, mysterious disappearance, fire, water, rodent damage, earthquakes, acts of God, vandalism, temperature variations, condensation, mold or mildew, or other vermin. Lessee agrees to insure the actual full value of the stored property against loss and damage. Lessee waives all claims against Lessor for loss or damage to the contents placed in the Unit(s).
Limitation of Liability
Lessor and Lessor’s Agents shall not be responsible to Lessee or to any other person for any loss however caused, including, without limitation, Lessor and Lessor’s Agents active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Lessor’s fraud, willful injury or willful violation of law. In addition, Lessee hereby releases Lessor and Lessor’s Agents from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons that could have been insured against. Lessee expressly agrees that the carrier of any insurance obtained by Lessee shall not be subrogated to any claim of Lessee against Lessor or Lessor’s Agents. Lessee waives any claim for emotional or for sentimental attachment to Lessee’s property. To the maximum extent allowed by applicable law, Lessee waives all claims for consequential, special, punitive and incidental damages that might otherwise be available to Lessee.
Lessee agrees to defend, hold harmless, and indemnify Lessor and its affiliates and their respective directors, officers, employees, agents or other representatives from any and all claims, demands, actions, or causes of action, losses, liabilities, costs, expenses, fines, damages, attorney fees, court fees, and lawsuits of any kind arising from any acts, as a result of, or in connection with Lesses’s use of the Unit(s) or facility, including without limitation as a result of omissions or negligence by Lessee during any rental period under this Agreement and also including claims for Lessor’s active negligence.
Lessor shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay or transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
Local Ordinances and Regulations
Lessee acknowledges that Lessee’s use and placement of the Unit(s) may be subject to county, city, and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules. Lessee assumes full responsibility for identifying and complying with any ordinance, rules, and/or regulation and for any fines and/or penalties, monetary or otherwise, resulting from Lessee’s use or placement of the Unit(s) in violation of such ordinance, rules and/or regulations. If an authority requires Lessor to remove the Unit(s) from Lessee’s premises, Lessor will attempt to notify Lessee of such requirement; provided, however, Lessee gives Lessor full authority to comply with such requirements, and absolves Lessor of any liability for any resulting damage to Lessee’s premises or property. Additionally , if Lessee is renting or leasing the premises where the Unit(s) is located, other than property owned by Lessor, and the landlord of the premises requests that the Unit(s) be removed or relocated, Lessee gives Lessor full authority to comply with the landlord’s request, and absolves Lessor of any liability for any resulting damage to Lessee’s property or the premises and shall indemnify and hold harmless Lessor from any cliaims by the landlord for damage to the premises. Lessee further understands that should the Unit(s) be removed by any person other than Lessor, Lessee assumes all costs, including, but not limited to legal fees, and removal or storage fees that are incurred with the Unit(s)’s retrieval and further agrees to pay Lessor for any damages that are associated with removal and storage of the Unit(s). In addition, standard charges for moving the Unit(s) will apply if Lessor moves the Unit(s) or Moved Unit(s) fees will apply if a party other than Lessor or Lessor’s Agent move the Unit(s).
Disclosure of Information
Lessee hereby authorizes Lessor to release any information in regard to Lessee or contents of the Unit(s) as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts, but not limited to, officials from local and state code enforcement agencies.
Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail or certified mail, deposited in the US mail with postage thereon fully prepaid and addressed to the party to be served at the address of such party provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed delivered after deposit in the US mail, with postage thereon fully prepaid and sent to the last know address of the intended recipient as provided for in this Agreement.
Notification of Change of Address
In the event Lessee shall change place of residence or alternate address. Lessee shall give Lessee written notice of any such change within ten (10) days of the change, specifying Lessee’s current residence, alternate address, and telephone numbers. Failure to provide forwarding information in writing releases Lessor of any damages that might occur in the event that the Unit(s) must be removed or in exercising Lessor’s remedies upon an event of Default. Lessor assumes no responsibility and will make no attempt to locate Lessee if such information has not been provided.
All of the provisions of this Agreement shall apply to bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.
Third Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, any Lessor Agent is a third party beneficiary of this Agreement, and has the right to enforce the provisions of this Agreement directly against the Lessee.
Attorney’s Fees and Costs
In the event any action is instituted to enforce any covenant herein contained or to recover any payment due or the Unit(s) for any Default or breach by Lessee, Lessee will pay Lessor’s attorney’s fees, costs, expenses, and fees incurred.
Governing Law, Jurisdiction, Waiver of Jury Trial
This Agreement shall be governed and construed in accordance with the laws of the State of New York. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under New York law. Lessee agrees to waive their rights to a jury trial for any and all claims made against or through Lessor. Lessee further agrees that Lessor will be notified of all claims no later than the earlier of 60 days from the initial discovery of the claim or default or 60 days followings the expirations or termination or this Agreement and failure to do so will result in the forfeiture of said claim. Any claims by Lessee arising under this Agreement must be brought in a court of competent jurisdiction located in geographic area in which Lessor has its original place of business at the time of commencement of litigation proceedings. Lessee waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude other jurisdiction.
If any part of this Agreement, or any addendums or approved and executed modifications are found to be unenforceable for any reason, in any circumstance, or any part herein becomes illegal by the enactment of any laws by any public entity having jurisdiction over this Agreement, the Lessee agrees that the remainder of this Agreement shall remain in full force and effect and will be valid and enforceable.
This Agreement, Addendum, and Confirmation sets forth the entire Agreement or the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. No oral or other representations have been made by either party which are not set forth in this Agreement which affect the subject matter contained herein. Lessee agrees that Lessee is not relying, and will not rely, upon any oral represenations made by Lessor, Lessor’s Agents, or Lessor’s Employees purporting to modify or add to this Agreement. There are no represenations, warranties, or agreements by or between the parties, which are not fully set forth herein, and no representative of Lessor or Lessor’s Agents is authorized to make any representations, warranties, or agreements other than expressly set forth herein. This Agreement may only be amended by writing.
Any individual signing this Agreement warrants that he or she is of legal age, and has the authority and power to sign this Agreement on their own behalf or for the Lessee.