Safe-Stor Terms and conditions

 SAFE-STOR STORAGE

9744 S. M 37 

Baldwin, MI 49304

Customer Rental Terms and Conditions Agreement

 RENT

Before making your purchase, it is essential to fully comprehend and accept these terms. Clicking the purchase button indicates your agreement to the terms and conditions.

Please remember to submit your rent payment by the 1st day of the renewal date for each rental. If payment is received, access will be allowed. If payment is thirty (30) days late, your stored Property is subject to lien sale under Michigan state law and the storage rental Agreement.

The ("Agreement") is made and entered into as of the effective date when purchased by rental customer and between SAFE-STOR STORAGE  and ("Occupant"), whose identity are set forth at purchase, to rent storage space. This mutual Agreement is founded on respect for each other's rights and responsibilities. Owner and Occupant may be referred to herein individually as a "Party" or collectively as the "Parties." WHEREAS, the Occupant desires to obtain a license from the Owner to use the Space located at 9744 S. M 37 Baldwin, MI 49304 ("Premises"), according to the terms and conditions herein. WHEREAS, the Parties desire to enter into this Agreement to provide for the use of the Space to Occupant, as articulated herein. 

NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which at this moment are acknowledged, the Parties at this moment agree as follows: 

1. RENT: (a) Rent for the storage space of the approximate size described above ("Space") is due at the Rental Rate described above ("Rent") and is payable in advance upon the payment. The description above of the Space is for identification purposes only. There shall be no adjustment in the Rent payable. Hereunder and the Agreement shall remain in full force and effect if the Space contains ten feet by thirty feet more or less square feet than set forth herein. The Space is to be used by the Occupant solely for storage. The Owner may change the Rent at any time, upon 30 days written notice to the Occupant at the physical and email address(es) provided above, in advance of the effective date for the new rental rate, which will always be the first day of a calendar year. (b) FAILURE TO TIMELY PAY: If the Occupant's bank returns any payment from the Occupant to the Owner for any reason, the Occupant agrees to also pay the Returned Check Fee or dispute credit card fees in the amount of cost to the Owner. Any fee payable hereunder shall be considered additional Rent.

2. NOTICE OF LIEN: Under (MICHIGAN STATE LAW), the Occupant's Stored Property is subject to a claim of lien. The Property, and all personal Property stored under this Agreement, may be sold or otherwise disposed of if the Occupant fails to fully pay Rent and any other charges for thirty (30) consecutive days. The lien attaches as of the date the Stored Property is brought to the Premises for storage and shall continue until any default is cured or a sale is held. The lien shall be upon the Stored Property and all personal Property stored under this Agreement for all amounts due hereunder, including, but not limited to (i) Rent, (ii) Returned Check Charge(s), (iii) other charges, present or future, concerning the Property and for expenses necessary for its preservation; and (iv) expenses incurred in the sale or other disposition of the Property, including attorneys' fees and costs. 

3. TERM: The Term of this Agreement shall commence on the date the Occupant executes it and shall continue from the first day of the rental purchase immediately and following every renewal term unless otherwise terminated according to the terms of this Agreement. 

4. LICENSE ONLY: This Agreement is solely a license and does not grant or convey to the Occupant any interest in or to the Premises. Neither this Agreement nor any memorandum hereof may be recorded in the property records of the county where the Premises are located. 

5. DEFAULT: The following shall constitute an "Event of Default" by the Occupant: (i) failure to timely pay Rent; (ii) failure to pay any Rent and applicable Late Fee(s); (iii) failure to timely pay any amounts due hereunder; (iv) a violation of the uses of the Space and Premises as described herein; (v) a violation of any of the terms or provisions of this Agreement. Upon the occurrence of an Event of Default by the Occupant, the Owner may, in its sole discretion, terminate this Agreement in accordance with the termination procedure set forth below and invoice the Occupant for all Rent and other amounts due as provided herein, such amounts to be immediately due and payable in full to Owner. All amounts due by the Occupant upon an Event of Default may accrue interest at seven percent (7%) per annum. 

6. USE AND OCCUPANCY, USES STRICTLY PROHIBITED: (A) Use of the Space is limited to storing the Stored Property only. 

7. The Occupant agrees not to store any items of unique or sentimental value with or within the Stored Property and further waives and holds the Owner harmless for any emotional or sentimental value claims of such Property. The Occupant is strictly prohibited from storing, using, or bringing materials on or onto the Premises classified as hazardous or toxic under any law or regulation and from engaging in any activity on the Premises that produces or may produce such materials. Occupant shall not possess or bring onto the Premises any illegal drugs, drug paraphernalia, firearms or other weapons, contraband, or stolen Property. Occupant's obligations of indemnity as set for elsewhere in this Agreement specifically include any costs, expenses, fines, or penalties imposed against Owner, or which may be levied against Owner in any portion, or arising out of storage or presence, or alleged storage or presence of any materials in violation of this paragraph by Occupant, or Occupant's agents, guests, or invitees. Foodstuffs, trash, garbage, or discarded materials are prohibited in or near the Stored Property or otherwise on the Premises. (B) OTHER REQUIREMENTS: (1) Any holding tanks or other sewage or waste product containers on board the Stored Property shall be empty at all times; (2) there shall be no overnight occupancy of the Stored Property, the Space, or the Premises or any other residential use whatsoever; (3) there shall be no repair, maintenance, or any other work performed on the Stored Property while it is located on the Premises; (4) under no circumstances shall the Stored Property be rendered incapable of removal from the Premises under its power, or otherwise disabled or rendered incapable or removal from the Premises by ordinary means. Occupant must keep the Stored Property in good working condition, repairing any broken windows, flat tires, or other unsightly or significant damage immediately, and in no event later than three (3) days after receiving written notice from the Owner of any issue with the condition of the Stored Property. (C) Animals, Lessee shall keep no domestic or other animals on or about the leased premises. 

8. ACCESS; DENIAL OF ACCESS: In the Owner's sole discretion, the Occupant's access to the Premises may be conditioned in any manner deemed reasonably necessary by the Owner to maintain order and protect security on the Premises. Such measures may include but are not limited to limiting hours of operation, requiring verification of the Occupant's identity, and requiring the Occupant to sign in and out upon entering and leaving the Premises. The Occupant further acknowledges that when Rent and other charges are past due, the Owner may deny the occupier access to the premises and the Space until the Rent and other charges in arrears, if any, are paid in full. From time to time, the Owner shall have the right in its sole discretion to establish or change hours of operation or to make or amend rules and regulations for the safety, care, and cleanliness of the Premises or preservation of good order. All laws and any changes to any rule are effective immediately upon posting on the Owner's website and the Premises. The Occupant agrees to follow all of the Owner's rules concerning the Premises, which may be implemented occasionally. 

9. CONDITION OF SPACE: The Occupant accepts the Space as suitable for storing the Occupant's Stored Property in all respects. Occupant shall immediately notify Owner of any defect in, or problem with the condition of, the Space. The Occupant shall keep the Premises in good condition and will pay directly or reimburse the Owner for necessary repairs due to the Space's negligence or misuse during the Term set forth herein or while the Space is under the Occupant's control. 

10. INSPECTION: The Owner may notify the Occupant whenever the Owner believes that any hazardous conditions or nuisance has been created or is occurring in or from the Stored Property, in any situation constituting an emergency, or for inspections by governmental authorities. Suppose the Owner notifies, or any inspection discloses any condition violating any portion of this Agreement or any applicable law. In that case, the Occupant shall be responsible for remedying the condition within twenty-four (24) hours of the Owner providing notice. In the alternative, the Owner may immediately remedy such conditions without notice to the Occupant and at the Occupant's sole expense. 

11. MOVE-OUT: An Occupant can schedule a move-out by giving appropriate notice, as defined above, to the landlord in writing. 

12. TERMINATION: In addition to termination as provided by the law or by other provisions of this Agreement, the Occupant's right to use the Space may be terminated by either Owner or Occupant by the giving of written notice to the other at least thirty (30) days in advance of the effective date of such termination, which date must be the last day of a calendar month. Occupant shall not leave any property on the Premises or the Space upon the termination of this Agreement. Any property left behind by the Occupant for five (5) days after the termination of this Agreement shall be conclusively presumed and deemed to have been abandoned by the Occupant and may be disposed of in any manner the Owner deems fit, at the Occupant's sole expense. In the event of a termination of this Agreement, all rights and obligations of the Parties shall terminate unless otherwise provided herein. Neither Party shall have any further obligation or liability hereunder to the other Party, except as provided herein or for those liabilities incurred before or upon termination, and any other rights, responsibilities, or liabilities that, by their nature, are intended to survive termination of this Agreement. 

13. CHANGES TO AGREEMENT: Any of the terms and conditions of this Agreement may be changed by written notice given to the Occupant by the Owner at least ten (10) days in advance of the effective date of any such change, which date must be the first day of a calendar month. 11. ASSIGNMENT: Occupant shall not sublet or assign the specific Space, nor store any vehicle or other Property on the Space other than the Stored Property described above (with one exception being their vehicle temporarily parked in their Space while the stored Property is in use by the Occupant as described), nor store any property owned by others without the written consent of the Owner, which consent may be withheld in Owner's sole and unlimited discretion. This Agreement shall be binding upon and inure to the benefit of each Party and their respective successors and assigns. Neither this Agreement nor any of the rights or obligations of the Parties hereunder shall be transferred or assigned by the Occupant without the Owner's prior written consent. All towable items, including trailers, boats, and haulers, may be moved by the Owner at the Owner's discretion. 

14. INDEMNITY: Indemnification: I agree to indemnify the owners, business tenants, and third-party management companies from all damages that may occur that are not directly caused by the property owners and third-party management. In the event of an accident on my personal Property, we will work with insurance and the correct Party to resolve the conflict. Suppose you have a dispute with one or more Members or tenants. In that case, you release us (property owners, Business Tenants, and any third-party management.) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. The tenant may give me a 30-day notice to vacate. The third-party management and property owner(s) may then schedule the removal of your items, and you indemnify any third-party management, the property owner, and business tenant for all fines and damages resulting from removing your items from the premises at 9744 S. M 37. An occupant at this moment agrees to release, indemnify, hold harmless, and defend the Owner, its successors and assigns, and any employees, contractors, managers, members, officers, or agents of Owner from all claims, demands, liability, actions, or causes of action (including attorneys' fees and all costs) that are hereafter brought or made by others arising out of or connected in any way with, Occupant's use or occupancy of the Premises or Space, including, without limitation, claims based upon the active negligence of Owner, or Owner's agents or employees, damages due to the negligence of Occupant, or any environmental damages to the Premises. This indemnity obligation extends explicitly to any actions, orders, penalties, or enforcement procedures made or brought by any governmental agency concerning any materials or Property stored in the Occupant's Stored Property or on the Space. The provisions of this paragraph shall expressly survive termination of this Agreement. 

15. RELEASE OF OWNER'S LIABILITY FOR PROPERTY DAMAGE: Owner, Owner's members, managers, agents, representatives, employees, affiliates, or their successors or assigns, shall not be liable to Occupant for any damages to, or loss of, the Stored Property or any property while located on the Premises, the Space, or inside the Stored Property, from any cause whatsoever, including but not limited to, burglary, fire, water damage, weather damage (including, but not limited to hail, sun, wind or any other weather), mysterious disappearance, rodents, or insects, acts of God, or the active or passive acts or omissions, or active or passive negligence of Owner, or Owner's agents or employees, including negligent disposal of Occupant's Stored Property under good faith, but mistaken, claim of lien or belief of abandonment by Occupant. In no event shall the Owner, or Owner's members, managers, agents, representatives, employees, affiliates, or their successors or assigns be liable for damages to the Stored Property caused by or attributable to other occupants. 

16. RELEASE OF OWNER'S LIABILITY FOR BODILY INJURY: Owner and Owner's agents shall not be liable to Occupant for injury or death suffered by any person, including Occupant's guests or invitees, occurring in or about the Premises, Space, or Stored Property, or arising out of Occupant's use of the Premises or Space, from any cause whatsoever, even if such injury or death is caused by the active or passive acts or omissions or negligence of Owner, or Owner's agents or employees. 

17. INSURANCE OBLIGATION: Occupant, at Occupant's expense, shall at all times during the duration of this Agreement maintain a policy of fire, extended coverage endorsement, burglary, and vandalism insurance for the actual cash value of the Stored Property and any property within it, as well as a current policy of vehicle liability insurance as required by the (MICHIGAN STATE LAW) Insurance on Occupant's Stored Property, is a mandatory condition of this Agreement and is for the benefit of both Occupant and Owner. Failure to carry the required insurance is a breach of this Agreement, and the Occupant assumes all risk of loss to the Stored Property or Property within it that would be covered by such insurance. Occupant expressly agrees that the carrier of such insurance shall not be subrogated to and shall not acquire any claim of Occupant against the Owner, Owner's agents, or employees. It is expressly agreed between Occupant and Owner that it is intended that Occupant acquire insurance coverage to cover loss or damage to the Stored Property due to any acts whatsoever of Owner, Owner's agents, or employees, whether intentional or negligent, or active or passive, which results in any loss, disposal, or damage to Occupant's Stored Property, other Property or contents of the Stored Property. 

18. SECURITY OF STORED PROPERTY: The Occupant agrees to be solely responsible for securing access to the Stored Property by means which the Occupant, in the Occupant's sole discretion, deems adequate secure access to the Stored Property. If the Stored Property becomes insecure for any reason, the Owner may, but is not obligated to, take whatever measures the Owner deems reasonable to re-secure the Stored Property, with or without notice to the Occupant, in the Owner's sole discretion. The fact that the Owner may take or has taken measures to re-secure access to the Occupant's Stored Property shall not alter the limitations on the Owner's liability set forth elsewhere in this Agreement, nor shall such measures be deemed a conversion of the Occupant's Stored Property. The Occupant shall also be solely responsible for any access to the Stored Property by others using any Occupant's keys or other ordinary means of authorization. This responsibility of the Occupant applies to any person holding ignition keys or other ordinary means of effectuating the removal of the Stored Property from the Space. Under no circumstances shall the Owner be responsible for any claim relating to the operation or removal of the Stored Property from its Space by any person or entity shown as an additional owner or a lienholder on the registration or title documents to the Stored Property. Occupant now irrevocably appoints all other owners or lienholders as may appear on the registration or title documents as Occupant's agents for all purposes concerning the operation or removal of the Stored Property on or off the Premises. 

19. SECURITY OF THE PREMISES: For the convenience and benefit of the Occupant, the Owner may, from time to time, provide some security measures, which may include video monitoring, fencing, and secured access to the Premises. The Owner shall not be required to maintain the operation of any of these conveniences or security measures, which are expressly not material to this Agreement, nor to the Occupant's ongoing obligation to pay Rent. Occupant at this moment waives and indemnifies Owner, in addition to any other indemnification provisions contained herein, from any claims or responsibility for any failure, removal, or deactivation of any such security measure, whether or not such security measure was represented, advertised, or promoted to the Occupant or any other party either before, at a time of or after the date of this Agreement. 

20. NOTICES, CHANGES OF ADDRESS Online Customers: In the event of any change of any address given by the Occupant to the Owner for any purpose under this Agreement that can not be changed online, the Occupant shall immediately provide the Owner written notice thereof by the requirements of this paragraph. All notices required to be given in writing by this or kept up-to-date in the Occupant's online account Agreement, or by law, shall be given by first class mail, postage prepaid, to the addresses of the Parties set forth herein, or changed by written notice, given in the same manner. All notices in such manner shall be deemed given on the date deposited in the United States Mail, first-class postage prepaid, and adequately addressed. No notice of any change of any new address shall be adequate unless given by this paragraph. 

21. ENTIRE AGREEMENT: This Agreement contains the entire Agreement between Owner and Occupant concerning the transaction contemplated herein and shall replace and supersede any previous oral and written negotiations or understandings. Occupant agrees that they are not relying on and will not rely upon any oral representation, whether made before or after the execution of this Agreement by the Owner or any of the Owner's agents or employees purporting to modify or add to it in any manner whatsoever. 

22. APPLICABLE LAW: This Agreement shall be governed by and construed by the laws of the,(MICHIGAN STATE LAW)  excluding the rules on conflicts of law. 

23. JURISDICTION AND VENUE: The Parties at this moment submit to the jurisdiction of any state or federal court sitting in the County of (LAKE COUNTY), State of (MICHIGAN), in any action or proceeding arising out of or relating to this Agreement. The terms of this provision shall survive termination of this Agreement. WAIVER OF JURY TRIAL: OWNER AND OCCUPANT WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OF ANY CAUSE OF ACTION, CLAIM, COUNTERCLAIM, OR CROSS-COMPLAINT, IN ANY ACTION BROUGHT BY EITHER OWNER OR AGAINST OCCUPANT, OR OCCUPANT AGAINST OWNER, OR OWNER'S AGENTS, OR EMPLOYEES, ON ANY MATTER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT, OR WITH OCCUPANT'S USE OF THE SPACE OR PREMISES, WHETHER FOR ANY CLAIM OF BODILY INJURY OR PROPERTY LOSS DAMAGE OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY LAW, STATUTE OR REGULATION. THIS JURY TRIAL WAIVER IS ALSO MADE BY THE OCCUPANT ON BEHALF OF ANY OF THE OCCUPANT'S AGENTS, GUESTS, OR INVITEES. 

24. SUCCESSION: All provisions of this Agreement shall apply to, bind, and be obligatory upon the heirs, executors, administrators, representatives, successors, and assigns of the Parties hereto. 

25. INTERPRETATION AND SEVERABILITY: Should this Agreement require judicial interpretation, it is agreed that the court interpreting the same shall not apply a presumption that its terms will be more strictly construed against one Party because of the rule of construction that a document is to be construed more strictly against the Party who prepared the same, it is agreed that the Parties have had an opportunity to participate jointly and fully in the preparation of this Agreement. Suppose any condition or covenant contained in this Agreement is deemed invalid or void by any court of competent jurisdiction or cannot be performed. In that case, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect any other covenant or condition herein contained. If such a condition, covenant, or other provision shall be deemed invalid due to scope or breadth, then such provision shall be valid to the extent and scope permitted by law. 

26. WAIVER OF BREACH: Any failure or delay on the Owner's part to exercise any remedy or right under this Agreement shall not be a waiver. The failure of the Owner to require the performance of any of the terms, covenants, or provisions of this Agreement by the Occupant shall not constitute a waiver of any of the Owner's rights hereunder. No forbearance by the Owner to exercise any rights or privileges under this Agreement shall be construed as a waiver, and all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the Owner. Any written waiver shall be effective only in that specific instance and for the particular purpose. 

27. COUNTERPARTS: This Agreement may be executed in counterparts and, as so executed, shall constitute one Agreement binding on all the Parties hereto, notwithstanding that all the Parties are not signatories to the original or the counterpart. 

28. HEADINGS: The section headings utilized herein are for convenience only and shall not control or affect the meaning, construction, scope, or intent of any provision of this Agreement. 

29. RECITALS: All recitals and exhibits, if any, referenced in this Agreement are incorporated herein by this reference. 

30. WARRANTY OF INFORMATION: The Occupant now warrants that all information provided herein is true and accurate and further agrees that any information, in the sole discretion of the Owner, reasonably evidenced otherwise, shall constitute a breach of this Agreement.