Portable Storage Rental Agreement Terms and Conditions
TERMS AND CONDITIONS: Hide-Away Storage Services, Inc., as agent for NSA OP, LP, d/b/a Hide-Away Storage, hereinafter Owner, rents to Occupant under the following terms & conditions:
DETERMINATION AND TIMING OF CHARGES: Owner and Occupant agree that as a convenience to the Occupant, this Portable Storage Rental Agreement is being executed prior to the Occupant knowing the exact number of portable storage containers that will be used and their recurring monthly cost, plus any other services that may be rendered by Owner. The Occupant agrees that the Owner may charge the Occupant’s credit card for such services prior to receipt of such statement by the Occupant.
MONTHLY CHARGES: The standard monthly recurring charges per portable storage container are shown above. Rental charges accrue from the date of delivery of storage container(s) to Occupant and will be set up to automatically charge a debit/credit card on account for monthly rent charges and fees. Furniture pads will be charged at $1/pad/month. All other services provided by Owner shall be charged at its normal and customary rates.
DELIVERY AND PICK UP SCHEDULE: Rental charges only apply for the days the storage container(s) actually are used by the Occupant, regardless of pickup and delivery dates, except that there is a thirty day minimum rental charge for container(s). The Occupant must inform the Owner if container(s) cannot be delivered empty to their home prior to the scheduled time or picked up empty after the scheduled time.
PACKING AND WEIGHT OF GOODS: Occupant shall not pack more than 2,000 pounds of property per storage container. Occupant shall pack the container in a manner for safe over-the-road transport.
USE OF SPACE: Occupant is renting storage container(s) solely for the purpose of storing personal property and is solely responsible for loading and unloading Occupant’s personal property into and out of the container(s). Owner exercises neither care, custody nor control over Occupant’s stored property. Owner is not engaged in the business of storing goods for hire and no bailment is created under this Rental Agreement. Occupant agrees to use the container(s) only for the storage of property wholly owned by the Occupant. Occupant waives any claim for emotional or sentimental attachment to the stored property.
LIMITATION OF VALUE: Occupant agrees not to store property with a total value, however property value may be measured, in excess of $5,000 per container without the written permission of the Owner. If such written permission is not obtained, the value of Occupant’s property shall be deemed not to exceed $5,000 per container. Nothing herein shall constitute any Rental Agreement or admission by Owner that Occupant’s stored property has any value, nor shall anything alter the release of Owner’s liability set forth below.
INSURANCE: Occupant shall maintain at Occupant’s expense a policy of fire, extended coverage endorsements, burglary, vandalism and malicious mischief insurance for the actual cash value of stored property. Insurance on Occupant’s property is a material condition of this Rental Agreement and is for the benefit of both Occupant and Owner. (Owner’s insurance does not cover contents in storage container(s).) Failure to carry the required insurance is a breach of this Rental Agreement and Occupant assumes all risk of loss to stored property that would be covered by such insurance. Occupant expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Occupant against Owner, Owner’s agents or employees for loss of or damage to stored property.
ALTERNATIVE TO INSURANCE: Occupant may comply with the insurance requirement of this Rental Agreement by participating in the Tenant Property Protection Plan offered by the Owner or by providing the Owner with the Declaration page from Occupant's homeowner's insurance policy. (If Declaration page is not provided at time of rental, Occupant may be automatically enrolled in Property Protection Plan offered by the Owner.) The Tenant Protection Plan is not a policy of insurance. For additional rent, the Owner will assume liability for and pay certain losses to Occupant’s stored property resulting from Owner’s negligence and other causes that would otherwise be borne solely by the Occupant. An Occupant who participates in the Tenant Property Protection Plan is not required to maintain insurance on their stored property; however, Occupant may want addition insurance to have even more protection on stored property.
TERM & CANCELLATION: The term of this Rental Agreement is on a monthly basis, with payment beginning with the move-in date, which also shall be the monthly due date and each 30 days thereafter. The storage container(s) is not considered vacated until unit is empty and lock & keys are returned.
PAYMENT: Occupant agrees to pay the charges plus sales tax on or before the due date. If payment is over five (5) days past the due date, the Occupant shall be required to pay an additional $10.00 late charge per month and access will be denied. If payment is over 30 days past due, a lien fee will be charged. Owner requires that Occupant pay with cash, credit card or cashier’s check. No personal checks or online payments accepted after rent is 30 days past the due date. All fees and storage charges shall be paid prior to redelivery of the storage container(s).
LIEN NOTICE: Pursuant to Florida law, your stored property is subject to a lien for unpaid rent and may be sold at auction if all rent and lien fees are not paid in full. Partial payments towards monies owed will not stop the lien process or remove the Occupant from the lien process.
MODIFICATION AND TERMINATION: Owner may modify the terms and conditions of this Rental Agreement, including a change in the storage rental charge, by giving Occupant written notice thereof at least ten (10) days before the termination or modification is to take effect. Owner may terminate this Rental Agreement by giving ten (10) days advance written notice to the Occupant.
RELEASE OF OWNER’S LIABILITY FOR PROPERTY DAMAGE: All personal property stored within the storage container(s) by Occupant shall be at Occupant’s sole risk. Owner and Owner’s agents and employees shall not be liable to Occupant or Occupant’s agents for any loss of or damage to any personal property at the portable storage facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearances, fire, water damage, rodents, insects, mold, mildew, acts of God, the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees. The Owner shall not be liable for damage to property that is primarily caused by the Occupant’s failure to properly pack the property for over-the-road transport and ordinary handling by the Owner.
RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY: Occupant has sole responsibility for loading and securing the storage container(s). Owner and Owner’s agents and employees shall not be liable to Occupant, or Occupants guests, invitees, or employees for injury or death as a result of Occupant’s use of the container(s) or storage facility, even if such injury is caused by the active or passive acts of omission or negligence of the Owner, Owner’s agents or employees.
INDEMNIFICATION: Occupant will indemnify, hold harmless, and defend Owner from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of the Occupant’s use of the premises, including claims for Owner’s active negligence.
ABANDONMENT: In the absence of written notice to the Owner to the contrary, if all property is removed from the storage container(s) for one day and if the Occupant has failed to make the monthly payment before the due date, or if the Occupant or someone acting on behalf of the Occupant has removed the lock from the container(s), the Occupant shall be deemed to have abandoned the premises, indicating a desire to cancel the Rental Agreement. After the lock has been removed by the Occupant or someone acting on behalf of the Occupant, Occupant releases in full any claims or demands against Owner concerning the use of the container(s) and releases all rights, title and interest to any personal property located in the container(s).
ADDRESS CHANGE: It is agreed that the address of the Occupant is correct as shown on page 1 and shall be relied upon by the Owner as the Last Known Address of the Occupant. Occupant and Owner agree that the Occupant may change this Last Known Address only through written change-of-address notice to the Owner provided by hand delivery, first-class mail, e-mail, or through password-protected online access to the Occupant's account.
COMPLIANCE WITH LAW: Occupant’s use of the storage container(s) shall comply with all federal, state and municipal laws and regulations. Occupant is prohibited from placing any materials in the container(s) classified as hazardous or toxic under any local, state or federal law or regulation. Nor shall Occupant store any food items, perishable goods, seeds, carcasses, materials causing foul odors, or ammunition in the container(s) or at the portable storage facility. Human or animal habitation is specifically prohibited. Failure to comply with the foregoing shall constitute a breach of this Rental Agreement. Owner may enter Occupant’s container(s) at any time to remove and dispose of prohibited items.
RIGHT TO ENTER & INSPECT: Owner will have at all times the right to enter the storage container(s) to view the same, to make any repairs (however, this provision shall not impose any obligation on Owner to make repairs), to ascertain if the provisions of this Rental Agreement have been or are being complied with, and to enforce the provisions of the Rental Agreement, including all rights or remedies. Further, Occupant grants Owner the right to remove any lock or other security device of Occupant securing the container(s) without notice to Occupant if Occupant is in default under this Rental Agreement. Occupant agrees that Owner will not be responsible for any loss, theft or damage to any of Occupant’s goods which may occur after Occupant’s lock or other security device has been removed.
CONDITION OF PREMISES: Occupant agrees that the storage container(s) that are the subject of this Rental Agreement and the premises are now in good condition and suitable for the purpose for which it is leased. Occupant shall make no alterations or additions to the container(s).
ASSIGNMENT AND SUBLEASE: Occupant shall not assign this Rental Agreement or sublet the whole or any portion of the storage container(s) rented hereunder without the prior written approval of the Owner.
SEVERENCE OR UNENFORCEABLE PROVISIONS: In the event any provision of this Rental Agreement shall be held to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of this Rental Agreement.
DENIAL OF ACCESS: Upon failure of the Occupant to pay the rent when it becomes due, the Owner will, after five (5) days from the date the rent is due, deny access to the unit.
COMMUNICATION WITH OCCUPANT: Occupant recognizes that Owner and Occupant are entering into a business relationship. As such, to the extent that any Federal or State law prohibits Owner from contacting Occupant by phone, fax, text, email or social media, Occupant hereby provides, as part of this Rental Agreement, written consent to phoning, faxing, emailing, texting and using social media to contact Occupant with business related communications, including automated calls or texts messages. If Occupant has provided the Owner with an electronic address, the Owner may communicate with Occupant on any written notices authorized or required under this Rental Agreement or by applicable law via electronic mail.
OCCUPANT'S LOCK: Occupant has been provided with a cylinder lock(s) and all the keys to the lock(s). The Owner does not have a key to Occupant’s storage container(s). Occupant shall place a lock on the door of each container rented. Occupant may only place one lock on each rented container. In the event Occupant fails to keep a lock on the container(s) or Occupant's lock is broken or damaged, Owner shall have the right, but not the obligation, to place its lock on the container(s). Occupant shall indemnify and hold Owner harmless from and against any loss, cost or expense Owner incurs in connection with locking the container(s), including the cost of the lock. The lock must be removed upon vacating the container(s) or rents and fees will continue to accrue.
ARBITRATION: All claims, controversies or disputes (whether arising in contract, tort or by statute) between or among Occupant and Owner and, for the purposes of this arbitration clause, the Owner of the facility (collectively, the “Parties”), including without limitation any claims, controversies or disputes arising out of or relating to: (i) this Rental Agreement (and any renewals, extension or modifications hereof); (ii) any related agreement, exhibit, instrument, addendum, supplement or other related document, including, but not limited to, the Tenant Property Protection Plan Addendum should Occupant elect or be deemed to have elected to purchase Property Protection (collectively, the “Related Documents”); or (iii) the transaction(s) or service(s) contemplated by this Rental Agreement or any Related Documents, including without limitation any claims, controversies or disputes concerning any alleged personal injury, tort, or statutory violation arising therefrom (each, a “Dispute”), shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, United States Code) conducted pursuant to the then-current commercial rules and procedures of the American Arbitration Association (“Arbitration”). Any question concerning whether a Dispute is arbitrable, or whether this arbitration clause (or any of its sub-parts) is valid and/or enforceable, shall be determined by the arbitrator(s). The Parties understand and agree that Arbitration of any Dispute pursuant to this section shall take place on an individual basis without resort to any form of class action and understand and agree that this class action waiver is an essential term of this arbitration clause. Arbitration shall be commenced by making written demand on the other Party by certified mail within the appropriate prescriptive periods (statute of limitations) set by law. The demanding Party must provide the other Party a demand for arbitration that includes a statement of the basis for the dispute, the names and addresses of the parties involved, and the amount of monetary damages involved and/or any other remedy sought. Arbitration shall occur in the county and state in which the facility is located unless the Parties mutually agree otherwise in writing and the arbitrator(s) shall apply the substantive law of the state in which the facility is located and enforce any releases or limitations of liability included in this Rental Agreement. 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 decision of the arbitrator shall be final and binding. For purposes of this arbitration clause only, in addition to Owner and Occupant, the term “Parties” shall include any parent, subsidiary, or affiliated entity of Owner involved in the performance, administration, management, or services contemplated by this Rental Agreement or any Related Documents, together with any officers, agents, employees, successors, or assigns of the foregoing entities. The Parties retain their rights to non-judicial remedies, such as foreclosure upon a lien. The Parties will not request arbitration in any claim that either Party brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, either party may then choose to arbitrate.
COMPLETENESS OF THIS RENTAL AGREEMENT: The making, execution and delivery of this Rental Agreement by the Occupant has been induced by no representations, statements, warranties or agreements other than those herein expressed. This Rental Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral in effect between the parties, relating to the subject matter thereof. Consult legal counsel if in doubt as to meaning.
OPTIONAL TENANT PROPERTY PROTECTION PLAN
LOSSES PROTECTED AGAINST: In consideration of an increase in monthly rent for participation in the Property Protection Plan, the Owner will assume liability for the loss or damage to Occupant’s stored property caused by fire, smoke, building collapse, water damage from leaking roofs except water damage that results from wind damage to any building, explosion, theft by breaking and entering, vandalism and malicious mischief, and impact of aircraft, missile or vehicles.
EVENTS NOT COVERED BY PROPERTY PROTECTION PLAN: The Owner DOES NOT assume liability for any damage to the Occupant’s goods caused by acts of God, rising flood waters, windstorm, water damage that results from wind damage to any building, theft from “mysterious disappearance” with no evidence of forced physical entry, inherent vice, moths, vermin or other insects, rust, changes of temperature, heat, fumigation, deterioration, mildew or discoloration. Regardless of cause, in no event shall the Owner be responsible for loss or damage to documents, deeds, bill, stamps, securities, specie, precious or semi-precious jewelry or other articles of high and unusual value.
FAILURE TO PAY RENT AND FEES: If rent and other required fees are not received within thirty (30) days of the due date, Occupant’s participation in the self-storage Property Protection Plan shall terminate and Owner shall not be liable for loss of or damage to Occupant’s stored property from any cause whatsoever. At Owner’s sole discretion, Occupant’s participation in the Property Protection Plan may be reinstated upon payment of all rent and other charges due and owing.
AMOUNT OWNER WILL PAY IN CASE OF PROPERTY DAMAGE OR LOSS: In the unlikely event of loss or damage, the Owner will pay the Occupant the actual amount needed to repair the lost or damaged item(s) or to replace them with property of similar quality. In no event will the Owner pay more than the level of protection selected by the Occupant up to a maximum value of $5,000 per container.
The Hide-Away Storage Property Protection Plan is NOT a contract of insurance and the Owner is not an insurance company or an agent for an insurance company. The Property Protection Plan applies to portable storage containers that are stored in one of the Owner’s Portable Storage Facility. The Owner has no liability for loss or damage to the Occupant’s stored property beyond what is described in the Property Protection Plan.