STOR-U-SELF

MASSACHUSETTS MONTHLY RENTAL AGREEMENT

 

Agreement Date:  [date_today] Unit #: [unit_name]

NOTICE TO OCCUPANT: THE OPERATOR OF A SELF-SERVICE STORAGE FACILITY SHALL HAVE A LIEN ON ALL PERSONAL PROPERTY STORED WITHIN EACH LEASED SPACE FOR RENT, LABOR, INSURANCE, OR OTHER CHARGES IN RELATIONSHIP TO THE PROPERTY FOR EXPENSES NECESSARY FOR THE PRESERVATION OF THE PROPERTY, OR REASONABLY INCURRED IN ITS SALE PURSUANT TO LAW. THIS ACTION IS AUTHORIZED PURSUANT TO THE SELF-SERVICE STORAGE FACILITIES ACT OF MASSACHUSETTS GENERAL LAW PART I, TITLE XV CHAPTER 105A:1 ET SEQ.THE PERSONAL PROPERTY STORED IN THE LEASED SPACE IS NOT INSURED BY OPERATOR FOR LOSS OR DAMAGE. THE PERSONAL PROPERTY STORED IN THE LEASED SPACE MAY BE SOLD TO SATISFY THE LIEN IF THE OCCUPANT IS IN DEFAULT. IF THIS RENTAL AGREEMENT CONTAINS A LIMIT ON THE VALUE OF THE PERSONAL PROPERTY STORED IN THE LEASED SPACE, THE LIMIT IS DEEMED TO BE THE MAXIMUM VALUE OF THE PERSONAL PROPERTY STORED IN THE LEASED SPACE AND THE MAXIMUM LIABILITY OF THE OPERATOR FOR ANY CLAIM.

 

“TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT”:

 

Tenant Company Name [facility_name]

Name: [tenant_firstname] [tenant_lastname]  (the “Occupant”)    Email Address: [tenant_alt_email]

Street Address: [tenant_address]   City/State/Zip: [tenant_city]  [tenant_country] [tenant_zipcode]

Phone No.: [tenant_phone]  Cell Phone: [tenant_mobile]         Gov. ID:[tenant_driverlicense]

State:    [tenant_driverlicense_state])        SSN: [tenant_ssn]    Date of Birth: [tenant_dob]

Provide the name, address and phone number of an alternate person to whom Operator may send Notices, including Default

Notice, if Operator is unable to contact the Occupant or in the event Occupant is in Default (“Alternate Contact”). (If no one

write “none”). Do not name someone who lives with Occupant:

Name: [tenant_alt_firstname] [tenant_alt_lastname]   Address:  [tenant_alt_address]

 

City/State/Zip:  [tenant_alt_city] [tenant_alt_country] [tenant_alt_zipcode] Telephone No.: [tenant_alt_phone]

 

Cell Phone: _______________________________     Email: _____________________________________________

Operator may also contact such Alternate Person in event of casualty (fire, accident or damage, etc.) or if Operator is unable to reach

Occupant. Further, unless Occupant refuses consent by marking this box (

 

 

) , Operator may at Operator’s option allow the alternate  contact or Occupant’s brother, sister, spouse, parent, or child over 18 to have access to the Space if such person signs an affidavit  that Occupant is deceased or deported.

 

Autopay: Occupant has chosen to provide Owner this credit/debit card information on a credit/debit card owned by Occupant

or upon which Occupant has authority to charge as described in Provision #3 below.

Name on Card:  _______________________________ Type of Card: <tenant.creditcardtype>

 

Credit Card No.: <Tenant.CreditCardNumber>                  Credit Card Expiration: <tenant.creditcardexpirationdate>

 

Credit Card Billing Address: <esign.textboxoptional>_____________________________________________________

 

Space No.: (the “Space”)          [unit_name]                Security Deposit:      <tenant.SecDeposit>

Approx. Unit Size:   [unit_size]                     Administration Fee:  <Fee.LeaseAdmin>

Monthly Rent:          <Tenant.RentalRateWithTax>                  Insurance: <Tenant.InsurPremium>

The description of the Leased Space is for identification purposes only, there shall be no adjustment in the Rent payable hereunder

and the Rental Agreement shall remain in full force and effect if the Leased Space actually contains more or less square feet than set   forth herein and no refund is due if the Leased Space contains less square feet than stated. Occupant is renting the Leased Space by

the entirety of the Space not by the square foot. See Provision 37.

 

NOTICE TO OCCUPANT: DO NOT SIGN THIS RENTAL AGREEMENT BEFORE OCCUPANT READS IT, FULLY UNDERSTANDS, AND AGREES TO ABIDE BY THE TERMS, COVENANTS AND CONDITIONS HEREIN.

 

REMIT MONTHLY PAYMENT AND NOTICES IN WRITING TO:”OFFICE ADDRESS”

<Site.Name>

<Site.streetaddress1>

<Site.city>, <Site.Region> <Site.Postalcode>

<Site.Phone>

OCCUPANT MUST NOTIFY <Site.Name>, IN WRITING, OF ANY ADDRESS CHANGE (SEE PROVISION 23) AND MUST PROVIDE NOTICE OF INTENT TO VACATE AT LEAST 10 DAYS BEFORE THE END OF THE MONTH.

 

 

• RENT IS DUE ON THE FIRST DAY OF EACH MONTH

 

All property stored must be insured. If Occupant purchases the Personal Property insurance coverage from the Facility, Occupant has the right to Opt-Out or cancel the Insurance coverage at any time upon the delivery of proof of other insurance on the Personal Property. Higher level monthly limits are available upon request.

 

If indicated here (

 

 

 

)  Occupant represents Occupant has sufficient insurance to cover any losses Occupant may suffer by reason of loss or damage to Personal Property stored in the Leased Space. Occupant has confirmed this coverage with Occupant’s own insurance agent. Occupant must provide a copy of their Insurance policy to our office  If such insurance is dropped or inadequate, Occupant shall assume all risk of loss and be what is commonly known as “Self-Insured”. If Occupant has sufficient insurance coverage our office must receive a copy of the Insurance Policy.

 

 

 

 

 

Is Occupant in, or a Spouse/Dependent of, someone in Active Duty military service, including the Reserves, National Guard,

Uniformed Services, or employed by NOAA or National Institute of Public Health Service

 

 

 

 

If YES, who: __________________________________________Branch___________________________________

 

If YES, Commanding Officer Name:  _______________                                              ________________________________________________________________

 

and Phone No: ______________________________Military ID #: _____________________________

 

If a titled vehicle is stored, Occupant must notify the Facility Manager and must complete additional documents, otherwise NO vehicle may be stored in the

 

Leased Space  Check One   Temperature Controlled Space?______  (If Yes, then Provision 13 applies.).   I will change this to remove need for input.

Outdoor Steel Storage Containers are subject to condensation & temperature.________

 

 

“RENTAL AGREEMENT PROVISIONS”

 

1. Month-to-Month Term and Renewal: This Rental Agreement for the lease of a self-service storage space (the “Leased Space”) from <Site.LegalName>, (the “Operator”), d.b.a. <Site.Name> (the “Facility”) shall be on a month-to-month basis and shall automatically renew for successive one month periods on the First day of each month hereafter unless terminated, as provided for in Provisions 5, 22 or 23. Operator may increase Rent or other fees and charges for the Leased Space with more than Thirty (30) days advance written notice to Occupant. A One (1) full month minimum rental is required. Rent is non-refundable.

 

2. Rent is Due on the First Day of Each Month: Monthly Rent, in the amount stated above in the Terms and Conditions and Additional Rent defined as, including but not exclusively, Default charges, clean up charges, disposal, damages to the Leased Space or Facility, and other unpaid fees or charges (collectively “Rent”), shall be payable monthly to Operator in advance, without demand or notice, on the First Day of each month including any extensions or renewals. If this Rental Agreement is executed on a day other than the First of the month, Occupant has paid prorated Rent to the First of the next month and if the Rental Agreement is executed on or after the 5th of the month, Occupant has also paid a full month of Rent, in advance, the “Initial Term”. The amount of Prorated Rent and the date the Term first expires will be included on Occupant’s receipt. All renewals and extensions along with the Initial Term are collectively the “Term”. Occupant agrees to pay Rent: in person at the Facility Office; via mail to the Office Address; via Operator’s payment box “Drop Slot” at the Facility; via Operator’s automated rental terminal “Kiosk”, if available; or with a credit/debit card which may be used the following ways: in person at the Office Address during business hours; by calling the Facility Office; by Operator’s secure website at www.storuself.com; by Operator’s attended phone center “<Site.Phone>”; by Operator’s Kiosk; or by advance written authorization described in the Terms and Conditions section “F”. Occupant shall not mail Rent in the form of cash to the Office Address or place cash into the “Drop Slot”. No Change of Address may be placed in the Drop Slot. It is expressly agreed that Operator does not send monthly invoices. Occupant shall not fail to pay Rent because Occupant does not receive an invoice. All payments received will be applied first to fees and charges due and owing, then to the oldest outstanding Rent obligation. Any Rent payment made by the internet site or Call Center, must be in the full amount due at the time of payment. If less than full payment is made over the internet or Call Center, said payment shall be deemed automatically refused and any sums submitted shall be returned to Occupant at Occupant’s last known address, even if Occupant obtains a receipt from the internet site, kiosk or Call Center. Notice: access to pay by Operator’s website, Kiosk (credit cards only) and Call Center are disabled once Occupant is Forty-Five (45) days late. No personal checks will be accepted once Occupant is Thirty (30) days late. Operator shall also require payments of Rent to be in the form of cash, money order or cashier’s check in the event Occupant has any payment due Operator returned for any reason, including insufficient funds, or credit/debit card charge back. If Occupant has One (1) check returned to Operator for any reason, Operator shall not accept checks from Occupant. All delinquencies within Five (5) days of a lien sale, must be cured by cash, credit/debit card, cashier’s check or certified check in hand to the Operator’s Representative, at the Facility Office.

 

3. Credit/Debit Card Authorization for Payment of Rent and Other Charges: By providing credit/debit card information, Occupant has authorized Operator to automatically charge Rent to the credit/debit card referenced in Summary Provision “F” of the Terms and Conditions section of the Rental Agreement (which is owned by the Occupant or upon which Occupant has authority to charge) on the First Day of each month, or as soon as reasonably practicable thereafter, for each month of the Term. This authorization shall continue and include any increases in Rent and other charges assessed to the Occupant. In any circumstance, in the event Occupant terminates this authorization or the Rental Agreement owing any Rent, or other charges due to Operator, Operator may charge the credit/debit card or listed any sum due and owing upon termination. The authorization to charge/debit Rent or other charges shall survive if any

sums are due and owing at the time of the termination of the charge/debit authorization or the termination of the Rental Agreement. Payment by credit/debit card to cure a Rent delinquency in excess of Forty Five (45) days can only occur if Occupant presents a credit/debit card in Occupant’s own name, in person, at Operator’s Office or, if owned by someone other than Occupant, then the card owner must be present at Operator’s office. It is Occupant’s responsibility to notify Operator of any new or updated account information if the bank account or credit/debit card information changes (including updating an expiration date on a credit/debit card.) Occupant shall be charged late fees and other Default charges if the credit/debit card payment is not approved by Occupant’s bank/credit/debit card provider, or if it is disputed after the transaction is authorized.

 

4. Administration Fee: Contemporaneously with the execution of the Rental Agreement Occupant has paid to Operator a non-refundable Administration Fee in the amount listed in the Terms and Conditions section of the Rental Agreement above. The Administration Fee is intended to defray some of the initial set-up, preparation costs and other expenses incurred in entering into a new self-storage Rental Agreement. This Administration Fee is non-refundable under any circumstances.

 

5. Access Control Device Deposit: Operator acknowledges receipt of the Access Control Device Deposit, if any, specified in the Terms and Conditions section which shall secure the return of the access control device (the “Deposit”). Occupant agrees that Operator need not segregate the Deposit from other funds and that no interest will be due Occupant for the period during which the Deposit is held. Occupant shall return the Access Control Device to Operator at the end of the Term clean, undamaged, and reusable or the Access Control Device Deposit shall be forfeited.

 

6. Termination: Occupant may terminate this Rental Agreement at any time if all Rent and charges are paid in full (through the end of the month) and Occupant notifies Operator of Occupant’s intent to vacate at least Ten (10) days before the end of the Term (end of the month). Operator may terminate this Rental Agreement by giving Occupant Thirty (30) days written notice prior to the end of the Term. Operator may give shorter termination notice for illegal activity by Occupant, or Occupant’s guests at the Facility, or if Occupant’s Leased Space becomes infested, or if Occupant is residing in the Leased Space. No refunds of partial months are made if Occupant vacates the Leased Space before the end of the Term. The Leased Space shall be left broom clean, free of trash, Occupant shall remove all Personal Property (or Rent will continue to accrue), and the Occupant’s lock must be removed. Occupant shall fully vacate by the date stated in Occupant’s or Operator’s Notice. Operator charges and Occupant is responsible for a Fifty Dollar ($50.00) per person, per hour charge for cleaning the Leased Space, minimum one (1) hour, plus costs including any disposal fees, if Operator must remove Personal Property and/or clean the Leased Space.

 

7. Other Charges and Fees: Occupant is in Default if Rent is not paid by the First of each month, and any Rent accepted thereafter shall be at the sole discretion of the Operator. If Occupant is in Default, the following fees shall be charged:

 

Default Fees

Late Fee (on the 5th day after Rent is due)  $ 20.00

Lock Cut/Inspection/Valuation/Photos       $ 30.00

Written Default Notice              $ 10.00

Advertising              $ 50.00

Sale Fee   Actual Cost

Towing of Vehicle in Lieu of Sale             $200.00

Other Fees and Charges:

NSF/Returned Check Fee/Credit Card declined or disputed         $ 25.00 + Applicable late fees + bank charges

Cleaning Fee (1 hour minimum) $ 50.00 per hour/per person + disposal fees

Lock Cut (at Occupant’s request) $ 50.00

Eviction Notice/Filing Fee in Lieu of Sale  $ 250.00 + court costs

For the purpose of determining if Rent is paid on time, by mail, the date the payment is received at the Office Address is used, not the postmark date. All payments of Rent are considered received on the first business day (before 5:00 PM) when physically received, not when the Rent payment is processed. Notwithstanding the date that other fees and charges are imposed, if Rent is not paid within Five (5) days of when due the Occupant shall be considered to be in Default and Operator may begin enforcement of Operator’s lien against Occupant’s Personal Property. Occupant shall pay Operator all other costs and expenses incurred by Operator arising out of or related in any manner to a breach of this Rental Agreement particularly any charges incurred for enforcing the lien by Operator, Operator’s collection of any amount owed by the Occupant, including any collection fees or costs incurred, including outside collection agency fees and costs or the exercise of any remedy by Operator upon a Default by Occupant (including the sale or other disposition of Occupant’s Personal Property) as permitted under this Rental Agreement or by law. Occupant shall be liable to Operator for Operator’s attorney’s fees incurred in enforcing any of Operator’s rights or Occupant’s responsibilities under this Rental Agreement.

 

8. Use of the Leased Space and Prohibited Storage: Operator is not a warehouseman engaged in the business of storing goods for hire. Operator shall have no obligation to exercise any care, custody or control over Occupant’s Personal Property. No bailment of Personal Property by Operator is intended or implied by this Rental Agreement. The Leased Space shall be used and occupied only for the storing of Personal Property owned by Occupant. Occupant shall not store antiques, artworks, heirlooms, collectibles or any Personal Property having special or sentimental value to Occupant. The Leased Space is not appropriate for storage of irreplaceable Personal Property such as books, writings, objects which have an unknown immediate resale market value. Occupant shall not store Cash, Cash Equivalencies, and Negotiable Instruments or any other items that can be converted to money. Occupant waives any claim for emotional or sentimental attachment to Occupant’s Personal Property. No Vehicles shall be parked in the drive aisles, except to load and unload. Occupant shall keep the Leased Space in a clean and sanitary condition and free of rubbish, liquid waste or refuse. Occupant shall not make any additions or modification to the Space and shall not drill into or attach anything to the walls, floor or ceiling of the Leased Space and shall not commit waste in the Leased Space. Firearms and ammunition are prohibited in the Leased Space or at the Facility. Contraband is prohibited in the Leased Space or at the Facility. Marijuana may not be used, stored or grown, even if Occupant has a prescription to use or permit to grow or sell marijuana. No storage or consumption of alcohol in the Leased Space at the Facility. No Personal Property shall be stored which can be affected by fluctuations in temperature or humidity in the Leased Space. The Leased Space is to be used only for storage of Personal Property, not for exhibition, rehearsal space, for an audience, or any other activity that is not related to storage of Property. Occupant shall not use the Leased Space for the operation of any commercial, industrial, manufacturing or distribution business. Occupant shall not use the Leased Space for the use or storage of any food (without Operator’s written approval); animal feed (including seed); store or release any explosives; fireworks; highly flammable, dangerous, hazardous or toxic materials or substances (as defined below); noxious smelling items; items which emit a foul odor when exposed to moisture or are damaged by moisture; contraband or illegal substances; or for any unlawful purpose of any kind. Occupant shall not engage in any activity in the Leased Space which produces or releases such prohibited materials. Occupant shall not use the Leased Space for storage of any fuel or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories, except for such fuel, oil, grease, or other lubricant as may be contained in the operating parts of the items stored in the Leased Space and in such case Occupant shall store the Personal Property with less than 1/8 tank of fuel in the tank and a drip pan or absorbent pad designed to absorb petroleum products under said item to retain any leaking fluids. No propane or empty propane canisters may be stored in the Leased Space. No fuel canisters shall be stored in the Leased Space. A Vehicle Storage Addendum must be completed, accepted, and executed by Operator for any “titled” vehicle stored in the Leased Space. Occupant shall not live or sleep in the Leased Space or Facility, nor shall animals be permitted to be stored in the Leased Space or Facility. Occupant shall not use the Leased Space or Facility for the purpose of establishing or assigning a legal address in order to obtain an occupation license or other governmental permit, or business license, nor as a legal address for residential purposes.

Occupant shall further, not use or allow the Leased Space to be used for the release, storage, use, treatment, disposal or other handling of any hazardous substance without prior written consent of Operator. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means:

Any substance defined as a “hazardous substance” under CERCLA;

Petroleum, petroleum products, natural fuel, natural fuel liquids, liquefied natural fuel and synthetic fuel, and;

Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation.

 

9. Limitation on Value of Personal Property: Occupant agrees not to store Personal Property in the Leased Space with a total value in excess of Two Thousand Dollars ($2,000.00) the “Value Limit” without the prior written permission of the Operator. If such written permission is not obtained, the value of Personal Property shall be deemed not to exceed the Value Limit. By this Rental Agreement, Operator is generally not liable for the loss of Occupant’s Personal Property. In the event any competent court of law adjudicates Operator liable for any loss, for any reason, damages shall be limited as described in the next Paragraph. This provision shall not constitute an admission that Occupant’s Personal Property has any value whatsoever. Higher value limits may be available from Operator for additional consideration if so requested by Occupant in writing to Operator within a reasonable period of time after the commencement of the Rental Agreement, see Operator for details.

Notwithstanding anything in this Rental Agreement, in no event will Operator or Operator’s agents be liable to Occupant or Occupant’s agents for an amount in excess of the Value Limit, for any loss or damage whatsoever, including, but not limited to, the active or passive acts, the omissions or negligence of Operator or Operator’s agents. Occupant will not sue Operator or Operator’s agents with respect to any claim, cause or action, loss, or injury to the extent liability therefore has been limited or eliminated pursuant to this Provision. So long as Occupant complies with the requirements of Provisions 8, 9 and 11, Operator does not concern itself with the type, quantity, or quality of the Personal Property Stored.

 

10. Damages: Occupant shall be responsible to Operator for the costs of repair, clean-up, and replacement for any damages caused as a result of Occupant’s storage in the Leased Space, use of the Leased Space, or use of the common areas of the Facility including damage to other occupant’s personal property or other occupants’ vehicles. In the event Operator invoices Occupant for any charges for repairs, clean-up, replacement, or other damages suffered, Occupant shall pay the invoice within Ten (10) days or it shall become Additional Rent due and payable with the next month’s Rent. The failure to pay such invoice represents a Default under this Agreement. This Provision and the requirement to pay for any damages shall survive the termination of this Agreement.

 

11. Insurance and Security Type Systems: Occupant agrees, at Occupant’s sole expense, to maintain insurance on all Personal Property stored in the Leased Space with actual cash value coverage against all perils, fire, extended coverage endorsement, burglary, vandalism, and malicious mischief. Occupant shall provide Operator with proof of a policy meeting these criteria or Occupant shall be enrolled in an insurance plan selected by Operator at the Two Thousand Dollar ($2,000) level of coverage and the premium shall be paid with Rent. Higher level monthly limits of insurance offered by Operator are available upon request. Occupant may terminate the policy sold through the Facility by obtaining a policy meeting the Operator’s requirements and providing a copy to Operator. Occupant has the right to Opt-Out or cancel the Property Insurance at any time upon the delivery of proof of other sufficient insurance on the Personal Property. Occupant’s failure to provide or maintain such insurance shall mean that Occupant shall assume all risk of loss or damage for loss or damage to Personal Property while stored in the Leased Space. Operator does not carry any insurance which would protect Occupant’s Personal Property from loss or damage, even if Operator failed to enroll Occupant in a contents policy. Operator employs certain measures to protect Operator’s Facility referred to as “Security Type Systems.” The operation or failure of any type of Security Type System installed by Operator shall not change Operator’s aforementioned liability for any type of loss incurred by Occupant and shall in no way release Occupant from Occupant’s obligation of insuring Occupant’s Personal Property. These Security Type Systems may include video cameras, gates, gate codes, door codes, and lighting. Occupant acknowledges that these Security Type Systems are for the protection of the Facility as a whole and not the individual Leased Space. Video cameras, if any, may not be recorded or may not be recorded at all time and alarms are not monitored. These Security Type Systems may not operate properly in the event of a mechanical, electrical, or software failure. Cameras, and other systems should not be relied on to provide additional security for the Personal Property or the protection of Occupant when using the Leased Space or the Facility.

 

12. Access: Occupant’s access to the Leased Space and the Facility may be limited as reasonably deemed necessary by Operator, including, but not limited to, requiring identification from Occupant, limiting hours of operation, or requiring Occupant to sign-in and sign-out upon entering and leaving the Facility, including the temporary closure of portions or all of the Facility for adverse weather conditions, emergencies, catastrophes, power outages, evacuation orders, or repairs and maintenance without advance notice to Occupant. These denials of access shall not represent an Event of Default by Operator or the Facility. Operator may change the times and methods of access to the Facility with Thirty (30) days written notice posted at the entry of the Facility or the Facility Office, or Operator’s website, or mailed to Occupant. In the event of an Emergency or catastrophe at or around the Facility, Operator may change access hours without notice to Occupant and Operator may require Occupant enter only when escorted by Operator’s employees or agents or Operator may deny access to the Leased Space and Facility. Further, Operator shall not be liable for Occupant’s inability to enter the Facility or Leased Space as a result of any power outage, hardware or software failure, or errors in use of any access control system by Occupant.

 

13. Temperature Controlled Leased Space: Massachusetts law does not define the term “Temperature Controlled”. This Provision defines the responsibilities of Operator for providing temperature control to the Space. Operator provides air conditioning to the building containing the Space in the summer and heat in the winter. It is agreed that Operator shall use all reasonable efforts to maintain a temperature in the building containing the Space by heating to no less than Fifty degrees (50°) Fahrenheit and by cooling the building to keep the temperature below Eighty Five degrees (85°) Fahrenheit. Occupant recognizes that under certain circumstances including, but not exclusively, mechanical failure, material shortages, electrical or other utility blackouts, brownouts, or other failures, acts of God, labor or materials shortages, strikes, malicious mischief, and fire, that the temperature may deviate from the desired temperature and Occupant understands that heating systems and their power sources are not redundant. Further, the temperature in the building containing the Leased Space may vary from the temperature of the Leased Space. Occupant agrees to release Operator from any and all liability arising from any such failure of the heating and air conditioning systems which occur as a result of a failure outside of Operator’s direct control.

 

14. Humidity in the Leased Space: Operator does not represent that the Leased Space is humidity controlled and does not warrant or represent that a minimum or maximum humidity will be maintained at any time during the term.

 

15. Mold: Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant’s Personal Property in any Leased Space rented. Operator does not warrant the Leased Space to be water-tight or dry. Operator shall not be liable and is hereby released from liability for mold on Occupant’s Personal Property from whatever source and no matter how it occurs. Occupant shall take whatever steps are necessary, including those listed in this Provision, to protect against and prevent mold on their Personal Property. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant’s Personal Property. To help avoid mold, Operator recommends storing Personal Property off the concrete floor, such as on pallets or shelves (do not attach to the Leased Space), wrapping certain Personal Property in plastic and keeping goods susceptible to mold from touching the walls of the Leased Space. Occupant understands that any Personal Property brought into the Leased Space that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Leased Space. Occupant shall periodically inspect the Leased Space and the Personal Property and take any and all actions necessary to protect Occupant’s Personal Property from mold/mildew.

 

16. Locked Leased Space; Storage Occupant’s Risk; Abandonment: Occupant is required to keep the Leased Space locked using a lock deemed by Occupant to be suitable for the function of self-service storage. Operator strongly recommends Occupant use a disc style lock, which may be purchased at Operator’s office. If enrolled in Operator’s Property Insurance Plan, use of a disc lock also eliminates the deductible in the event of a covered claim. Occupant shall lock the Leased Space at all times except when accessing the Leased Space. Operator does not maintain a key to any lock used by Occupant. Occupant shall not use any hasp for an additional lock, the second hasp, if any, is reserved for Operator’s use. Any additional lock on the Leased Space shall be removed and Operator shall charge a Fifty Dollar ($50.00) Dollar lock removal charge. Occupant is strictly prohibited from cutting any lock at any time. If a lock is removed as a result of a Default by Occupant, or if Operator finds an occupied Leased Space without a lock or incorrectly locked, if a lock is removed for an inventory or sale, or if a lock is removed or in Emergency or non-Emergency entry, or for any other reason described in this Rental Agreement, Operator will try to notify Occupant, and Operator may, but is not required to, lock the Leased Space with Operator’s lock at Occupant’s expense. If Operator chooses to re-secure the Leased Space, and Occupant does not replace the lock, then after Five (5) days, Operator shall put a new lock on the Leased Space and charge Occupant’s account at prevailing charges, depending on the type of lock. The keys will be mailed to Occupant’s last known address. All Personal Property stored by Occupant within the Leased Space shall be at Occupant’s sole risk. If the Leased Space is not locked, Occupant is delinquent in Rent, and Operator determines the items contained in the Leased Space have no marketable value (under $300.00) Operator may consider the Leased Space abandoned and dispose or sell any or all Personal Property in the Leased Space.

 

17. Release of Liability: Occupant releases Operator, Operator’s employees, agents, successors, and assigns from any and all liability for Personal Property damage or loss of Personal Property; for damage or loss from, as examples, fire, water, the elements, mold or mildew, Acts of God, theft, burglary, vandalism, malicious mischief, mysterious disappearance, and rodent damage; or the acts or failure to act or negligence of Operator, Operator’s employees, or agents. Occupant further releases Operator, Operator’s employees, agents, successors, and assigns from any and all liability for personal injuries or death to persons including Occupant and Occupant’s family or invitees arising out of Occupants use of the Leased Space and Facility. Occupant understands that this Release of Operator’s liability is a bargained for condition of this Rental Agreement and Operator’s consent to enter into this Rental Agreement, and that if Operator were not released from the liability as set forth in Provisions 17 and 18, a much higher Rent would have to be agreed upon or Operator would not enter into this Rental Agreement.

 

18. Indemnification; Waiver of Subrogation: Occupant agrees to waive, and have Occupant’s insurer waive, any right of subrogation of any claim of Occupant against Operator, Operator’s employees, or agents. Occupant agrees to indemnify, defend and hold Operator harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or Personal Property, or damages to Occupant’s Personal Property however occurring, or arising out of or related to the use of the Leased Space and Facility by Occupant, Occupant’s invitees, and guests, or to any breach of this Rental Agreement by Occupant, Occupant’s invitees, or guests. Occupant shall also pay Operator for all of Operator’s attorney fees incurred in enforcing any obligation under this Provision #18. Occupant’s obligation to indemnify Operator specifically applies to any violation by Occupant of the Operator’s environmental conditions and restrictions resulting in damages caused by Occupant, Occupant’s invitees or guests, regardless of any negligence on the part of Occupant.

 

19. Operator May Enter: Operator, Operator’s employees, and agents and the representatives of any governmental or quasi-governmental authority, including police and fire officials, shall have the right to remove Occupant’s lock and enter the Leased Space, without notice to Occupant, to take such action as may be necessary to preserve Operator’s Personal Property in the event of an Emergency, or to immediately comply with any applicable law, governmental or court order, warrant, subpoena, or to enforce any of Operator’s rights. For the purposes of this Rental Agreement, “Emergency” shall be defined as any event which jeopardizes the health, safety, and/or well-being of any person or of the Facility or any of the buildings or the land appurtenant to the buildings or any other Personal Property or chattels stored at the Facility. Operator shall further have the right, on a non-Emergency basis, to remove Occupant’s lock and enter the Leased Space with reasonable notice to Occupant to make any repairs, replacements, other desirable improvements or conduct any inspections of Operator’s Facility or the Leased Space (the “Work”). Operator will endeavor to give a minimum of three days notice to Occupant of the Work and, if Occupant is available, will schedule an appointment with Occupant to remove Occupant’s lock to allow the Work. If Occupant is unavailable or unable to provide Operator access, Operator may cut or remove and replace the lock after the Work has been completed with a lock of similar or better quality and the keys shall be sent as described in Provision 16. Occupant is notified that Operator complies with all search warrants and subpoenas for Occupant information.

 

20. Responsibility to Inspect the Leased Space: Occupant shall immediately notify Operator should Occupant become aware of any noxious odors, sounds, or other conditions, including without limitation, the presence of any mold or similar condition, in Occupant’s Leased Space or emanating spreading from or through any other Leased Space. Upon receipt of such notification, or should Operator become aware of such condition, Operator may, notwithstanding anything to the contrary to this Agreement, enter Occupant’s Leased Space without notice to make any such necessary inspection, repair, or alteration. Should any such conditions result from Occupant’s use of the Leased Space or from a breach by Occupant of the terms of this Agreement, all costs and expenses incurred by Operator in addressing such conditions shall be paid by Occupant on demand and if not paid, shall become Additional Rent.

 

21. Operator’s Lien: The Operator of a self-service storage facility shall have a lien on all Personal Property stored within each Leased Space for Rent, labor, insurance, or other charges, in relationship to the Property, for expenses necessary for the preservation of the property or reasonably incurred in its sale.

Explanation: The Occupant’s Personal Property may be sold to satisfy the lien if Occupant is in Default.

 

22. Defaults; Operator Remedies: If Occupant breaches any term or condition of this Rental Agreement (a “Default”), Operator in addition to such other rights Operator may have under this Rental Agreement and law shall have the right to terminate this Rental Agreement. If Occupant does not provide photo ID at rental, Operator may deny access or cancel the Rental Agreement. If Occupant fails to pay any Rent or other charges when due or if the Rental Agreement is terminated by Operator for cause, Operator may: (i) deactivate the gate access; (ii) overlock, deactivate, or otherwise place a device to deny Occupant’s access to the Leased Space, once Occupant is in Default for at least Five (5) days, and the placement of Operator’s overlock or other deactivation device, along with any written notice sent to Occupant, shall serve as constructive notice that Operator has not received Rent from Occupant for the current term; (iii) remove Occupant’s lock and access the Leased Space; however, Rent and other charges shall continue to accrue after overlock, drill out or lock removal until the Leased Space is sold or Occupant cures the Default; (iv) inventory and/or take possession if desired, of the Personal Property located in the Leased Space; (v) sell or dispose of the Personal Property in the Leased Space as permitted by law; or (vi) pursue any and all remedies available, at law or equity, including a forcible entry and detainer action against Occupant. The act of overlocking/denying access or removing Occupant’s lock shall not constitute an election of a remedy by Operator, and shall not constitute Operator taking possession of, or a bailment over, the Personal Property. The obligation to pay Rent and other charges shall not be terminated by the overlock or lock removal. If Occupant is in Default and is overlocked or if the lock is cut or drilled out and replaced with Operator’s lock, Operator is not required to remove the overlock or take off Operator’s lock (after lock cut) until up to Three (3) business days after payment has been made in full. Operator reserves the right not to remove Operator’s replacement lock until Occupant is present and replaces the lock with Occupant’s own new lock, or Operator in Operator’s sole discretion can remove Operator’s lock leaving the Leased Space unlocked. In any case Operator shall not be liable to Occupant for any damages Occupant suffers as a result of not being able to get access to the Leased Space after late payment arising from failure to immediately remove Operator’s lock or overlock. In the event of Default, Occupant forfeits any concessions received and rent for the Leased Space shall automatically increase to the current market rate. All remedies available to Operator shall be cumulative and the exercise of one or more remedies shall not exclude or waive Operator’s rights as to any other remedy

 

23. Notices: Except as otherwise required by law, all notices under this Rental Agreement from Operator to Occupant shall be mailed by first class U.S. mail, postage pre-paid, to Occupant’s last known address, or e-mailed to the e-mail address provided by Occupant in the Terms and Conditions and shall be conclusively presumed to have been received by Occupant Three (3) business days after mailing, or upon emailing. All notices from Occupant to Operator shall be mailed by first class U.S. mail, postage pre-paid, to Operator, at the Office Mailing Address listed on the first page of this Rental Agreement. Occupant is responsible for notifying Operator in writing, via certified mail return receipt requested to the Office Address; or via a nationally recognized overnight carrier with signature confirmation; in person or at the Facility Office; via Operator’s secure website or via Operator’s Kiosk, if available; on a form prescribed by Operator, of any change in Occupant’s address or of intent to vacate at the end of the Term. The Notice of change of address shall not be sent to Operator by First Class Mail.

 

24. Partial Payments or Payment in the Event of Default: Partial payments shall not be accepted.

 

25. Assignment and Subletting: Occupant may not assign Occupant’s rights under this Rental Agreement or sublet the Leased Space without the prior written consent of Operator. This Rental Agreement shall be binding upon the heirs, assigns, executors, administrators, representatives and successors of the parties hereto.

 

26. Governing Law; Jury Trial; Severability: This Rental Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. Operator and Occupant agree to waive their respective rights to trial by jury of any cause of action, claim, counterclaim or cross complaint in any action arising out of or connected in any manner with this Rental Agreement, including any action for bodily injury, death or Personal Property damage. Operator and Occupant further agree that the Federal or State courts in Massachusetts where the Facility is located shall have exclusive jurisdiction for any litigation related to this Rental Agreement. If any part or provision of this Rental Agreement is determined to be unenforceable by a court of law, the parties agree that all remaining parts or provisions of this Rental Agreement shall remain in effect and be valid and enforceable.

 

27. Entire Agreement: This Rental Agreement is the entire agreement between the parties and supersedes any and all prior oral or written representations or agreements and may be modified only in a writing signed by Occupant and Operator. The pre-printed terms of this Rental Agreement may only be modified in writing signed by the General Manager of the Facility.

 

28. Counterparts, Headings and Gender: This Rental Agreement may be executed in one or more counterparts, each of which shall be deemed an original and when taken together shall constitute one Rental Agreement. The headings in this Rental Agreement are for the convenience of both parties. In the event of any conflict between the heading and the language of the term, the language of the term shall control. Whenever the context so indicates the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others.

 

29. Agreement to Mediate: Realizing that in Self-Storage relationships there is always a possibility of differences of opinion or other disagreements and that what is most important is to resolve any disputes amicably, quickly, inexpensively and professionally and to return to business as soon as possible, it is with that spirit of cooperation that Operator and Occupant pledge to resolve differences and to use the procedures specified in this Rental Agreement. Therefore, Operator and Occupant agree as follows: with the exception of non-payment of Occupant’s Rent and Operator’s right to conduct a lien sale, declare an abandonment, or evict as a result of Default under this Rental Agreement, or tow a Vehicle stored (“Excluded Claims”); that any litigation, claim, dispute, suit, action, controversy, proceeding or otherwise (”Claim”) between or involving Operator and Occupant, whether arising out of or relating in any way to this Rental Agreement and/or any other document, any alleged breach of any duty, or otherwise, before commencing any litigation, will be submitted to non-binding mediation for a minimum of eight hours before any mediation organization approved by Operator and Occupant located within 15 miles of the Facility. In the mediation, Operator and Occupant shall each be represented by an individual authorized to make binding commitments on their respective behalves and may be represented by counsel. In addition, Operator and Occupant may, with permission of the mediator, bring such additional persons as are needed to respond to questions, contribute information and participate in the negotiations. The fees and expenses of the mediator and/or mediation organization shall be shared equally by Operator and Occupant. The mediator shall be disqualified as a witness, consultant, expert or counsel for any party with respect to the dispute and any related matters.

 

30. Agreement to Arbitrate: In the event the parties are unable to resolve any dispute by mediation, the parties agree that such claims shall then be resolved by final and binding arbitration in front of a single mutually agreeable arbitrator as administered by the American Arbitration Association (AAA) under its applicable arbitration rules for expedited arbitration. Arbitration of any Claim between the parties shall be governed under the Federal Arbitration Act of 1925. The parties further agree that the election to resolve disputes by mandatory arbitration is a fair, appropriate, and a negotiated remedy to resolve the dispute, that the parties agree and understand that the ownership of the Facility and the Facility’s management may be located in a state different from the state in which the Facility is located, and due to the interstate nature of the relationship between the parties and the fact that both parties are assuming risks, that the mandatory arbitration requirement is necessary. The election by either party for binding arbitration, shall be in writing and shall be served on the other party in the manner prescribed in this Rental Agreement for the giving of notices. All such arbitration proceedings shall take place at such location within Twenty (20) miles of the Facility. Each party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses (including, but not limited to, copying and telephone), witness fees, and attorneys fees and expenses. The fees and expenses of the arbitrator, and all other costs and expenses incurred in connection with the arbitration, shall be shared and borne equally by the Occupant and Operator.

 

31. Class Action Waiver: Except for any Excluded Claims, any dispute, Claim, demand, action, proceeding, or cause of action of any kind or nature whatsoever between Occupant and Operator, whether for damages or for injunctive or other legal, equitable, or other relief, whether arising under federal, state, local, common, statutory, regulatory, constitutional, or other law shall only be in the Operator’s and/or Occupant individual capacity, and not as a class action plaintiff or any class representative or member in any purported class, collective, or other similar proceeding (herein class action, purported class, collective and other similar action shall be collectively referred to as “Class Action”). Operator and Occupant expressly waive any right and/or ability to maintain or in any way to be part of any Class Action in any forum between and among Operator and Occupant. With respect to any such Claim that is subject to the above arbitration provisions, the arbitrator shall not have authority to combine or aggregate similar Claims, permit, hear, determine or resolve any Class Action, nor shall the arbitrator make an award to any person or entity other than to Operator and/or Occupant and solely in each of the respective individual capacities of Operator and Occupant. Any Claim that all or any part of these arbitration agreement and Class Action waiver provisions are unenforceable, unconscionable, void, or voidable shall be determined solely by a court of competent jurisdiction and not by an arbitrator. The arbitration agreement and Class Action waiver provisions shall survive the termination or expiration of this Agreement. Operator and Occupant each understand and Operator and Occupant each expressly acknowledge that each of them would have and/or may have had a right to litigate any and all Claims between and among each of them through a court, to have a judge or jury decide their case(s), and/or that each of them could have been or may be a party to a Class Action.

 

32. Operator’s Employees: In the event Occupant requests any of Operator’s employees to perform any services for Occupant, it shall be done at Occupant’s own risk as Occupant’s agent, regardless of whether payment is made for said service(s). Occupant agrees to release, hold harmless and indemnify Operator for any loss, charge or injury Occupant may suffer related to the use of Operator’s employees. Occupant further agrees that Occupant’s interactions with Operator’s employees will be respectful and courteous. Any foul or abusive language or threatening behavior directed toward any employees or Operator shall be grounds for immediate termination of the Rental Agreement by Operator.

 

33. Warranty of Information: Occupant warrants all information given in this Rental Agreement or any application preceding this Rental Agreement is complete, true and accurate at the time of this Rental Agreement.

 

34. Occupant’s Acceptance of the Leased Space “AS IS”: Occupant inspected or had the right to inspect the Leased Space and Facility before signing this Rental Agreement and finds the Leased Space to be suitable for the purpose for which Occupant rents such Leased Space and accepts the same “as is.” Operator makes no express warranties. Operator disclaims and Occupant waives all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. Occupant acknowledges that Operator’s Agents have no authority to make warranties, express or implied.

 

35. Pest Control: Occupant is advised that Operator may use chemicals at the Facility including around the Leased Space, for pest control. For this reason, no pets are allowed. Occupant is solely responsible for arranging, setting, and monitoring and disposing of any pest control devices within the Leased Space. Occupant is advised to provide, set, maintain, and regularly remove, if necessary, any insect or rodent attraction/repellant/trap devices that Occupant deems necessary to protect Occupant’s Personal Property from loss or damage due to insect or rodent infestations. The only extermination provided by Operator, if at all, is in common areas other than the Leased Space.

 

36. Permission to Call, Fax, Use Social Media, Text and/or E-Mail: Occupant recognizes Operator and Occupant are entering into a business relationship at the Facility. As such, to the extent any federal or state law prohibits Operator from contacting Occupant by phone, fax, text, or e-mail, Occupant hereby consents to Operator phoning, faxing, contacting via Social Media, texting, and e-mailing Occupant and that these communications are related to the business relationship. Occupant further gives Operator permission to send text messages to Occupant’s provided cell phone number for the purposes of notifying Occupant of conditions involving the Facility or Leased Space, including but not exclusively, late rent and other default issues, unless otherwise prohibited by law. Further, Occupant consents to Operator sending notices by email, including notices involving the operations of the Facility and unless prohibited by law, notices of Default. For this reason, Occupant agrees to keep a current email address of record with the Operator and to notify Operator of any change in Occupant’s email address.

 

37. The Leased Space: By signing this Agreement Occupant acknowledges that neither Operator, nor any employee of Operator or any other person acting on Operator’s behalf, has made any representation to Occupant as to the size (square footage or cubic footage) or dimensions (length, width or height) of the Leased Space, and Occupant acknowledges and agrees to the following: (a) that, prior to signing, Occupant was given the opportunity to measure the dimensions of the Leased Space; (b) that Occupant is satisfied therewith, whether or not Occupant measured the Leased Space; (c) that Occupant agrees to pay the Rent stated herein regardless of the actual size or dimensions of the Leased Space; (d) that Occupant hereby waives any and all right to bring any civil action, or other judicial or non-judicial proceeding, or to join, or participate in, any such proceeding brought by any other person, against Operator based on assertions that any difference exists between the actual size, or dimensions, of the Leased Space, and the size, or dimensions, thereof as Occupant believed existed at the time Occupant signed this Agreement; and (e) that Occupant hereby fully, and forever, Release and Discharge Operator from any, and all liability for damages, and all other types of relief, to which Occupant otherwise would have had the right to obtain but for Occupant’s having agreed to the terms of this Provision and the Waiver and Release contained herein.

 

38. Carts and Dollies: Hand dollies and Carts (“Cart”) are provided for the convenience of the Occupant. Occupant agrees to properly use the Cart in the manner for which they were intended, including but not exclusively, loading no more than 300 lbs. of materials or property on the Cart at any one time, not stacking property higher than 3 feet high on the Cart, and ensuring that the property placed on the Cart does not exceed the width of the Cart by more than 2 feet total. Carts are provided to Occupant solely as a courtesy, and may be out of order or Cart service may be terminated at any time without said termination representing a Default under the Rental Agreement. As such, Carts are used solely at Occupant’s own risk. Occupant releases, holds harmless, and agrees to indemnify Operator from any damage Occupant may suffer as a result of the use of the Cart and/or for personal injury Occupant suffers as a result of use or misuse of the Cart whether or not Occupant’s actions were negligent in the use of the Cart.

 

39. Lifts: The lifts are provided as a courtesy/convenience to Occupant. The lifts are designed solely for the purpose of moving Occupant’s Personal Property and are not designed or safe for use by Occupant, Occupant’s guests, or invitees. Occupant agrees under no circumstances will Occupant attempt to ride in or on the lifts. Procedures for usage and operation the lifts are posted by the lifts and incorporated herein by reference. Lifts may not work at all times and the inability to use the lift is not an event of Default. Lifts are used solely at Occupant’s own risk. Occupant releases, holds harmless, and agrees to indemnify Operator from any damage Occupant may suffer as a result of the use of the lift and/or for personal injury Occupant suffers as a result of use or misuse of the lift whether or not Occupant’s actions were negligent in the use of the lift.

 

40. Elevators: The elevators, if any, are provided, are provided as a courtesy/convenience to Occupant. The elevators are designed solely for the purpose of moving Occupant’s Personal Property to and from the Leased Space. The Occupant agrees to ride in the elevator with the Occupant’s Personal Property at all times and to never leave Personal Property unaccompanied on the elevator. Procedures for reserving time to use the elevators, if any, are included in the Rules and Regulations.

 

41. Snow Removal: Operator, in the event of snow, only clears the common drives and parking lots, any snow or ice in front of the Leased Space is Occupant’s responsibility to remove. Operator does not plow unless the snowfall is at least Three (3) inches. Occupant is advised that by clearing snow or ice, Operator may create un-natural accumulations of snow or ice (such as piles of snow off the side of a snow plow), which are slippery and which Occupant must clear or step over to access the Leased Space or entry to the building containing the Leased Space. Further, Operator does not begin plowing operations until the snow fall has ended. Operator does not warrant at any time that all snow and ice will be removed or completely clear. During snowfalls, if conditions are not deemed safe by Operator to allow Occupant on to the Facility, such access will be denied. The Operator plows drive aisles at the Facility to within no less than 20 inches from the door to the Leased Space or the access door to the building containing the Leased Space. Occupant understands that the act of plowing will result in additional snow being placed within the area between the plowing site and the door to the Leased Space and that it is Occupant’s responsibility to either safely remove the snow or ice between the plowed area of the drive aisle and the Leased Space, and to use extreme caution when crossing over the untreated area of the drive aisle between the plowing area and the door to the Leased Space, even if unnatural accumulations of snow or ice are placed in such area.

 

42. Loitering: The purpose of this Rental Agreement is for renting Leased Space for the storage of Personal Property. It is agreed that, except for move-in and move-out, there is no reason for Occupant to be at the Facility or in the Leased Space at any time for more than Three (3) hours in a day, and no more than Three (3) times a week. If Occupant, Occupant’s guests, or invitees are in the Leased Space or at the Facility for more than Three (3) hours a day, or more than Three (3) days a week, this shall be grounds for immediate termination of occupancy.

 

43. Loading Dock: The loading area is available for use during office hours only. Loading docks are available on a first come first serve basis and may not be occupied at any time other than the Office hours of the Facility. Occupant is encouraged to responsibly use the loading dock and to move Occupant’s vehicle from the loading dock as soon as it is empty, and to not move Occupant’s vehicle to a loading area or bay until Occupant’s Personal Property is unloaded from the Leased Space to the loading areas or bays as needed so as to use as little time in front of the loading area or bay as possible to make it available for other Occupants. Operator reserves the right to impose a time limit on the use of a loading area or bay should any Occupant not cooperate with Operator’s requirement that the use of the loading area or bay be reasonable, fair and respectful of other Occupants of the property.

 

44. Rules and Regulation: The Rules and Regulation of this Facility are incorporated herein and made a part of this Monthly Rental Agreement as if fully re-written herein. The Rules and Regulations can be changed with Ten (10) days notice as described in the Rules and Regulations, without regard for the term of this Agreement, so long as the revised Rules and Regulations apply to all Occupants and are made for the appropriate and efficient operation of the Facility.

 

45. Exclusion of all Warranties: The agents and employees of Operator are not authorized to make warranties about the Leased Space and the Facility referred to in this Rental Agreement. ORAL STATEMENTS BY OPERATOR’S AGENTS AND EMPLOYEES DO NOT CONSTITUTE WARRANTIES such statements shall not be relied upon by the Occupant and are not part of this Rental Agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, expressed or implied, ARE EXCLUDED from this transaction and shall not apply to the Leased Space and the Facility, and that Occupant accepts such Leased Space and access to the Facility AS IS AND WITH ALL FAULTS.

 

 

The undersigned hereby acknowledges that Occupant has read and understands this Rental Agreement in its entirety  and agree(s) to be bound by its terms and conditions.

 

If this Rental Agreement is executed by the Occupant via a computer generated acknowledgment service, (“Electronic Signature”) then Occupant agrees that: Occupant has read and agrees to the terms of the Electronic Signature provider; and agrees that by affixing Occupant’s Electronic Signature to this Rental Agreement by checking the box below and any Addendum, including initials on any provision, if applicable, this Electronic Signature shall bind Occupant and be of the same quality as if Occupant had signed or initialed the documents in person, in the presence of a Facility employee.

 

 

“OPERATOR”

[facility_name]

[facility_name]

 

SIGNATURE

Employee Name: [facility_name]

 

 

“OCCUPANT”

 

SIGNATURE

Name (print): [tenant_firstname] [tenant_lastname]