Last Updated: September 27, 2018
This RightAway Storage Terms of Service (“Agreement”) is entered into by and between Lion Gate Ventures Inc, RightAway Investments LLC, O’Donnell RAS/TRF LLC, and all of its affiliates, owners and subsidiaries (collectively the “Owner”) and the entity or person placing an order for service (the “Customer”, “you”, “You”, or “yours”). If you are using the services described in this Agreement on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company.
You hereby agree to the following terms and conditions:
This Agreement only governs the terms and conditions related to the Valet Bin Service (defined below). Your Rental Agreement (which can be found in the Customer Portal) is the sole binding agreement with respect to Self Storage and/or Trailer on Demand services.
“Effective Date”. The date on which the Customer receives the initial delivery of Bins (defined below).
Valet Bin Service. Owner hereby rents plastic storage bins (“Bin” or “Bins”) to the Customer in a size and quantity listed on the Customer’s account. The Bins will be delivered to the Customer by the Owner on the scheduled delivery date and, once packed by the Customer, picked up by the Owner and stored at the Owner’s facility. The Customer may request a redelivery of some or all of the Bins at any time and the Owner will use commercially reasonable efforts to redeliver the requested Bins at a date scheduled by the Customer not less than forty-eight (48) hours in advance.
Term. The term of this Agreement shall begin on the Execution Date and shall continue automatically on a month-to-month basis for each following month until the Owner receives all Bins in possession by the Customer, fully emptied.
Rent and Fees. The Customer shall pay Owner rent and fees in accordance with the rates shows on the Customer’s account which shall be subject to change on 30 days prior written notice to Customer (“Rent”). The failure of Customer to pay Rent when due shall constitute a default on the part of the Customer.
Excluding normal wear and tear, if the Customer damages or loses the Bins, the Customer shall be charged $30 for each damaged or lost Bin.
Use of the Bins. The Owner is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. The Owner exercises neither care nor custody nor control over Customer’s stored property. The Customer agrees to use the Bins only for the storage of property wholly owned by Customer. THE CUSTOMER SHALL NOT STORE FOOD OR ANY PERISHABLE ITEMS IN THE BIN. Customer agrees not to store collectibles, heirlooms, jewelry, works of art, or any property having special or sentimental value to Customer. The Customer waives any claim for emotional or sentimental attachment to the stored property. The Customer shall not store any personal property in the Bins that would result in the violation of any law or regulation of any governmental authority, including without limitation all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters and the Customer shall comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning the Bins and its use.
Hazardous or Toxic Materials Prohibited: THE CUSTOMER IS STRICTLY PROHIBITED FROM STORING MATERIALS IN THE BINS CLASSIFIED AS HAZARDOUS OR TOXIC UNDER ANY LAW, ORDINANCE OR REGULATION OR FROM ENGAGING IN ANY ACTIVITY THAT PRODUCES SUCH MATERIALS. WITHOUT LIMITATION, HAZARDOUS OR TOXIC MATERIALS SHALL INCLUDE ETHANOL, GASOLINE, MOTOR SPIRIT MIXTURES, MOTOR OIL, PAINT THINNING OR REDUCING COMPOUNDS, OR COMBUSTIBLE MATERIALS.
Limitation of Value Stored Property. The Customer agrees not to store property with a total value in excess of $250 in each Bin without the written permission of the Owner. If such written permission is not obtained by the Customer, the value of the Customer’s property shall be deemed not to exceed $250 for each Bin.
Limitation of Owner’s Liability for Property Damage: The Owner is not a warehouseman engaged in the business of storing goods for hire and no bailment is created by this Agreement. The Owner exercises neither care, nor custody, nor control over the Customer’s stored property. All property stored in the Bins by the Customer shall be stored at the Customer’s sole risk. The Owner and Owner’s agents, employees or representatives shall not be responsible or liable for any loss of or damage to any personal property stored in the Bins from any cause whatsoever including, without limitation, theft, mysterious disappearance, mold, mildew, vandalism, fire, smoke, water, flood, hurricanes, rain, tornados, explosions, rodents, insects, Acts of God, or the active or passive acts or omissions or negligence of the Owner or the Owner’s agents, employees or representatives. It is agreed by the Customer that this provision is a bargained-for condition of the Agreement that was used in determining the Rent and without which the Owner would not have entered into this Agreement. THE OWNER SHALL HAVE NO LIABILITY TO CUSTOMER FOR LOSS OF OR DAMAGE TO CUSTOMER’S PROPERTY, WHETHER DUE TO NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE.
Notice of Lien. Customer acknowledges and agrees that Customer’s personal property stored in the Bins will be subject to a claim of lien infavorofOwnerfromthedatemonthlyrentalchargesandotherchargesaredueandunpaid. Customer’spropertystoredintheBinsmay be sold to satisfy the lien if Rent and other charges remain due and unpaid for a minimum of 60 days.
Succession and Assignment. All terms of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto. If the Customer is not an individual, the individual executing this Agreement affirms he/she is duly authorized to bind the entity entering into this Agreement. In the absence of being duly authorized, the person shall be personally liable for amounts due under this Agreement.
Severable. If any part of this Agreement is declared invalid, it shall not affect the validity of any of the rest of this Agreement, which shall remain in full force and effect as if this Agreement had been executed without the invalid part.
Arbitration. In the event of any dispute between the parties, the parties agree that all claims shall be resolved by final and binding arbitration in front of a single mutually acceptable arbitrator. Each party shall bear its owner cost and fees, including travel expenses, out- of-pocket expenses, witness fees, and attorney’s fees and expenses. The fees and expenses of the arbitrator and any and all costs associated with the arbitration shall be shared equally by the Owner and Customer. The decision by the arbitrator shall be final and binding. Arbitration shall be commenced by making written demand on the other party by certified mail within the appropriate 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. The parties shall select an arbitration company from a list of approved companies within a 15 mile radius of the Facility. THE PARTIES AGREE THAT BY ENTERING INTO THIS AGREEMENT, THEY ARE EXPRESSLY WAIVING THEIR RIGHT TO A JURY TRIAL AND THEIR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI PLAINTIFF ACTION IN COURT OR THROUGH ARBITRATION AND AGREE THAT THIS WAIVER IS AN ESSENTIAL TERM OF THIS ARBITRATION CLAUSE.
Time to Bring Suit. Customer must bring any claim or file any lawsuit that arises out of this Agreement within six (6) months following the acts, omissions, or inactions that gave rise to such claim or suit or six (6) months after the termination of this Agreement, whichever is first.
Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Maryland.
Indemnity. If either Owner or Customer is made a party to any litigation instituted by or against the other, the losing party will indemnify the prevailing party against all loss, liability and expense including reasonable attorneys’ fees and court costs incurred by it in connection with such litigation.
Communication. Customer acknowledges that Owner and the Customer are entering into a business relationship and, as such, hereby consent to Owner phoning, e-mailing, faxing, texting, and using social media to communicate with the Customer with marketing and/or other business related communication.
Notice. All notices required by this Agreement shall be sent via electronic mail to the last known address listed in the Customer account.
Binding Effect: This Agreement (including all addendums and exhibits) when executed and delivered, shall, subject to its terms, constitute a binding contract and time in all respects shall be of the essence in this Agreement.