This Agreement is between (i) RightAway Storage, its affiliates, subsidiaries and property owners, ("Owner") and (ii) you, the Customer (the "Customer") related ONLY to those Customers utilizing the Owner's Valet Storage services and plans.
The Owner and Customer hereby agree to the following terms and conditions:
Storage Plan ("Storage Plan"). The Customer has requested that the Owner store certain items lawfully owned by the Customer. The Customer agrees that they have selected a Storage Plan that is correctly sized to the amount of items requested. In the event, that such requested items require additional storage space, the Owner shall be permitted to increase the Customer's Storage Plan to a size appropriate for the items being stored.
Term. The term of this Agreement shall begin on the date on which the Customer has signed up for a Storage Plan and continue for the duration of the Customer storing belongings with the Owner.
Rent and Fees ("Rent"). All rent and fees are due upon request and shall be paid in full by the Customer. All recurring monthly fees shall be paid on a monthly basis on the monthly anniversary date on which the Customer started the Storage Plan and any partial period of time in the month in which the Customer's belongings are returned in full.
Use. 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 store only for the storage of property wholly owned by Customer. The Customer shall not store food or any perishable items. 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 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. The Customer shall not use the Unit in any manner that will constitute waste, nuisance, or unreasonable annoyance to other Customers of the Facility.
The Owner reserves the right, without prior written notice to the Customer, to temporarily deny Customer access to the Facility without reduction of rent for any reason including, without limitation, unsafe weather conditions as determined by the Owner in its sole discretion.
Hazardous or Toxic Materials Prohibited. The Customer is strictly prohibited from storing items 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 $3,000 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 $3,000.
Limitation of Owner’s Liability. 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 Unit or at the Facility by the Customer shall be stored at the Customer’s sole risk. The Customer must take whatever steps he/she deems necessary to safeguard such property. 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 at facilities owned or operated by the Owner 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.
Electronic Items. The Owner is not responsible for damage to the Customer's electronic items while being transported to/from the Owner's facility, while being stored at the Owner's facility or any other time. The Owner has not inspected the working condition of the Customer's electronic items prior to storing such items with the Owner nor can it be responsible for any damage occurring to such items.
Release of Owner’s Liability. OWNER AND OWNER’S AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO THE CUSTOMER OR THE CUSTOMER’S AGENTS FOR INJURY OR DEATH AS A RESULT OF CUSTOMER’S USE OF THE STORAGE PLAN OR THE VALET SERVICE, EVEN IF SUCH INJURY IS CAUSED BY THE ACTIVE OR PASSIVE ACTS OR OMISSIONS OR NEGLIGENCE OF THE OWNER OR OWNER’S AGENTS, EMPLOYEES OR REPRESENTATIVES.
Pick-Up/Drop-Off Valet Services ("Valet Service"). THE OWNER EXERCISES NEITHER CARE, NOR CUSTODY, NOR CONTROL OVER THE CUSTOMER’S STORED PROPERTY. THE OWNER IS RELEASED FROM ANY LIABILITY RELATING TO DAMAGE OR LOSS OF PROPERTY AT ANY TIME INCLUDING, WITHOUT LIMITATION, WHILE MOVING THE CUSTOMER'S BELONGINGS DURING A PICK-UP OR DROP-OFF, TRANSPORTATION TO/FROM THE OWNER'S FACILITY, WHILE MOVING ITEMS INTO THE OWNER'S FACILITY OR DURING STORAGE AT THE OWNER'S FACILITY.
Climate Control. Climate controlled areas are heated, cooled and/or de-humidified depending on the outside temperature and conditions. These spaces do not provide constant internal temperature or humidity control. Owner does not warrant or guarantee temperature or humidity ranges inside the space due to changes in outside temperature or condition. The Customer releases Owner from liability for damage to stored property from fluctuations in temperature or humidity from any cause including the negligence of the Owner, its agents or employees.
Notices. All notices required by this Agreement shall be sent by first class United States mail to Customer’s last known address or to the E-mail Address provided by the Customer. Notices shall be deemed given when deposited in the United States mail or sent to the E-mail Address provided. Lien notices shall be sent as required by law, which includes sending such notices exclusively by electronic mail.
Notice of Lien. Customer acknowledges and agrees that Customer’s personal property stored at the Owner's Facility will be subject to a claim of lien in favor of Owner from the date monthly rental charges and other charges are due and unpaid. In accordance with applicable state's storage regulations, the Owner will provide the Customer with Notice and upon the applicable state's time periods will be sold to satisfy the lien if Rent and other charges remain due and unpaid for the delinquency period stated in each applicable state's rules and regulations.
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.
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.
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.
No Warranties. The Owner hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the Owner's Facility. Customer acknowledges and agrees that the Owner does not represent or guarantee the safety or security of the Owner's Facility and this Agreement does not create any contractual duty for the Owner to increase or maintain such safety or security.
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.