Vehicle Storage Agreement Terms and Conditions

AGREEMENT

This Vehicle Storage Agreement (the “Agreement”) is entered into effective as of the date set forth above (the “Effective Date”) by and between Car Locker, LLC (hereinafter “Owner”) and the individual named above (the “Customer”) in connection with Customer’s storage of the vehicle described above (the “Vehicle”) at the vehicle storage facility located at 1900 13th Avenue North, St. Petersburg, Florida 33713 (the “Facility”) owned by Owner, under the terms and conditions set forth herein. The above information pages above are made a part of this Agreement. 

RECITALS:

WHEREAS, Owner is the owner of the Facility, the purpose of which is to provide storage space for vehicles owned by customers of Owner; and

WHEREAS, Customer is the owner of the Vehicle and desires to store the Vehicle at the Facility pursuant to the terms and conditions set forth herein.

NOW, THEREFORE, for good and valuable consideration as set forth herein, the receipt and sufficiency of which are hereby acknowledged, Owner and Customer hereby agree as follows:

Storage Fee: For and in consideration of the right to store the Vehicle at the Facility for the term set forth on the cover page (the “Term”), Customer shall pay to Owner a monthly storage fee as shown on the cover page payable on the first day of each month, in advance, at the office of Owner or at such other address as Owner may provide to Customer in writing. Customer shall be in default if any monthly storage fee or any other charge due under this Agreement is not paid within seven (7) calendar days following the due date, or if Customer shall fail to perform or fulfill any other terms, provisions or conditions of this Agreement. No prorated or partial-month charges are allowed. Further, if Customer is delinquent over one (1) full month, Owner may remove the Vehicle from the Facility.

The Facility: 

Although the Owner has made every attempt to fortify the Facility to withstand all natural disasters, including hurricanes and flooding, the Owner can make no representations or warranties that the Facility (and its contents, including the Vehicle) will not sustain damage from such natural disasters.

The Vehicle:

Upon the execution of this Agreement, Customer shall provide to Owner key(s) and/or other devices necessary to operate the Vehicle. Customer authorizes Owner, its employees and other agents, to operate the Vehicle as reasonably necessary for the purposes of Owner’s business operations and/or to perform the terms and conditions of this Agreement. Customer understands that Owner’s agents will drive, push, pull, and/or lift the Vehicle to a storage spot within the Facility, and Customer shall give written instructions on any specifics involved in the Vehicle’s body or operation. No mechanical or other work shall be performed on the Vehicle by the Customer or its agents while the Vehicle is within the Facility unless a separate contract is entered for such work. The Vehicle will be stored uncovered unless a car cover is provided by the Customer. The Customer will give instructions as to the best way to charge the vehicle's battery while in storage at the Facility. Owner and Customer mutually agree that, notwithstanding anything to the contrary herein contained, Owner may from time to time relocate the Vehicle within the Facility during Term of this Agreement. Owner shall have the sole discretion to select the area within the Facility to store the Vehicle, and may, without notice, move the Vehicle within the Facility. Owner may provide additional services as requested by Customer and as agreed to by Owner, and charges due for such additional services will be invoiced to Customer in addition to any storage or other charges due herein and will be subject to the same payment terms as set forth in this Agreement. Upon the execution of this Agreement or upon check-in, Customer and Owner have jointly performed an evaluation of the exterior of the Vehicle, and any defects shall be noted on an attached ‘Vehicle Inspection Report.’

Customer’s Use of the Facility:

Customer acknowledges that the Owner has space within the Facility for the storage of Customer’s Vehicle. The Facility shall be used for storage of the Vehicle only. Storage of personal property or any other property other than the Vehicle is strictly prohibited and shall be considered a default under this Agreement, unless any such additional items are pre-approved in writing by Owner and listed on an addendum to this Agreement which is signed and dated by the Owner. Customer’s access to and use of the Facility shall be limited as set forth herein, and Customer shall not use nor permit the use of the Facility in any manner that will tend to create waste or a nuisance or disturb any other customer’s use of the Facility.

Maintenance and Repair:

Customer shall keep the Vehicle in good condition and repair during the Term of this Agreement. In addition, and without limiting the foregoing, Customer shall be responsible, during the Term of this Agreement, for any repairs to the Facility to the extent resulting directly from the storage of Customer’s Vehicle therein. If the storage of Customer’s Vehicle at the Facility results in any damage to the Facility or vehicles owned by other customers of Owner during the Term of this Agreement (for example, but not limited to, fuel or oil leaks), Customer shall reimburse Owner for all costs and expenses associated with remedying such damage, within thirty (30) days after Customer’s receipt of written notice of such damage from Owner, together with copies of paid receipts showing the costs associated with remediating such damage. If Customer fails to reimburse Owner for all such costs and expenses within such thirty (30) days period, Owner shall be entitled to pursue any and all remedies it may have at law or in equity, and the total costs and expenses incurred by Owner in connection with the remediation of damages caused to the Facility by Customer’s Vehicle shall accrue interest at a rate equal to eighteen percent (18%) per annum, which shall accrue from the date due through the date of Customer’s reimbursement of all such costs and expenses to Owner.

Covenant Against Withholding of Storage Fee:

Notwithstanding any other provisions contained in this Agreement or any extension, modification or renewal hereof, it is understood and agreed that in the event of default in performance of any agreement, condition, or other provisions to be performed by the Owner, or if for any other reason Customer might be entitled to any reimbursement from Owner, in no event shall Customer deduct or withhold any such amount from the storage fee due to Owner pursuant to the terms and conditions hereof.

Acceleration of Fees:

The payment of storage fees in monthly installments as provided herein are solely for the convenience of Customer. Upon Customer’s default in payment of any monthly storage fee, the entire balance of storage fees for the entire Term remaining unpaid shall become due and payable immediately to Owner.

Customer Parking:

Customer shall cause himself/herself, his or her guests, family members, representatives and agents to park only in places designed by Owner for short term/temporary parking as detailed from time to time by Owner. There is no extended or overnight parking outside of the Facility. Owner reserves the right to have towed any vehicle parked in violation of this provision, at Customer’s expense, if Customer fails to park in the designated places after being notified once by Owner of an initial failure in writing.

Indemnity and Release of Owner:

Customer agrees to make no claim against Owner for or on account of any personal injury sustained, any damage to Customer’s property, or any theft or loss regardless of nature.

Customer shall indemnify and hold the Owner harmless against any expense, loss, or liability paid, suffered, or incurred as the result of any breach by the Customer, Customer’s agents, servants, employees, visitors, or Customers, of the terms or conditions of this Agreement, or as the result of Customer’s use or occupancy of the Facility, or the carelessness, negligence or improper conduct of the Customer or its visitors, agents, employees, patrons, or Customers, whether due to damage to the Facility, claims for injury to the person or property of any other occupant of the Facility, or any other person rightfully in or about the Facility, from the conduct of Customer's occupancy thereof or from any activity, work or things done, permitted or suffered by Customer or its agents, servants, employees, or invitees in or about the Facility or elsewhere or consequent upon or arising from Customer's failure to comply with applicable laws, statutes, ordinances or regulations, and Customer shall further indemnify and hold harmless Owner from and against any and all such claims and from and against all costs, attorney's fees, expenses and liabilities incurred in the investigation, handling or defense of any such claim or any action or proceeding brought in connection therewith by a third person or any governmental authority; and in case any action or proceeding is brought against Owner by reason of any such claim, Customer upon notice from Owner shall defend the same at Customer's sole cost and expense by counsel reasonably satisfactory to Owner. This indemnity shall not require payment as a condition precedent to recovery. Customer agrees to reimburse Owner for any fine or penalty which may be imposed upon the Owner by any court by reasons of any violation upon the Facility through the Customer’s use thereof, or the fault of the Customer herein, its agents or servants as aforesaid. Should any party or parties claiming damages as a result of such failure or alleged failure on the part of the Customer or those for whom the Customer is responsible aforesaid, institute an action, Customer shall, at its own expense defend, indemnify and save harmless the Owner from any loss, expense, cost or damage arising or on account of such action, as aforesaid. Customer shall not be required to defend or indemnify Owner and Owner’s successors and assigns from any and all claims, suits, actions, debts, damages, costs, charges, fines, penalties, and expenses, including attorneys’ fees and costs which arise or result from the Owner’s or Owner’s successors and assigns own gross negligence, but as stated herein Customer or Customer’s agents, successors or assigns shall have no right of action against the Owner under any circumstance.

Customer for himself/herself and his/her successors and assignees shall indemnify, defend and hold Owner, its successors, assigns, owners and affiliates harmless from and against any claims, demands, liabilities and damages (including, but not limited to, attorney’s fees and court costs) arising out of or in connection with any environmental contaminations or pollution to the Facility or hazardous substance resulting from Customer’s storage of the Vehicle at the Facility. The obligation of this provision shall survive the expiration or termination of this Agreement.

CUSTOMER, FOR HIMSELF/HERSELF/ITSELF AND FOR AND ON BEHALF OF ITS AGENTS, REPRESENTATIVES, EMPLOYEES, ATTORNEYS, INSURERS, HEIRS, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, SUCCESSORS, ASSIGNS AND OTHER PRIVIES AND EACH OF THEM (COLLECTIVELY, THE “RELEASING PARTIES”), HEREBY WAIVES, REMISES, RELEASES, HOLDS HARMLESS AND FOREVER DISCHARGES OWNER AND ITS PRESENT AND FORMER PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, ASSIGNS, AND OTHER PRIVIES, AND THEIR FORMER AND CURRENT INSURERS, ATTORNEYS, ACCOUNTANTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND/OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, CONTRACTS, JUDGMENTS, DAMAGES, ACCOUNTS, RECKONINGS, EXECUTIONS, AND LIABILITIES WHATSOEVER OF EVERY NAME AND NATURE WHICH THE RELEASING PARTIES, OR ANY OF THEM, HAVE OR MAY HAVE AGAINST THE RELEASED PARTIES, OR ANY OF THEM, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, WHETHER OR NOT WELL FOUNDED IN FACT OR IN LAW, AND WHETHER AT LAW, IN EQUITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WHICH COMPRISE OR ARE RELATED TO THIS AGREEMENT, AND ANY EVENTS, OCCURRENCES, ACTS OR TRANSACTIONS RELATING HERETO AND ANY AND ALL DISPUTES OR ACTIONS ARISING OUT OF OR ORIGINATING THEREFROM OCCURRING DURING THE TERM OF THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT HE/SHE IS AWARE THAT HE/SHE MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR SUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH HE/SHE NOW KNOWS OR BELIEVES TO BE TRUE, RELATING TO THIS AGREEMENT. NEVERTHELESS, IT IS THE INTENTION OF CUSTOMER TO FULLY, FINALLY AND FOREVER RELEASE ALL SUCH MATTERS ARISING DURING THE TERM HEREOF.

End of Term of Agreement:

If this Agreement is for a specified Term, the Agreement shall end as of the last day of the calendar month of the Term of Agreement. Any holdover or continuation of the storage of Customer’s Vehicle at the Facility shall create a new tenancy for a  term equal in length to the original or prior term. Any such tenancy shall continue until either Owner or Customer shall deliver to the other party a notice of termination at least thirty (30) days prior to the end of the term. The failure by Customer to remove the Vehicle from the Facility before the first day of the term shall constitute an automatic renewal of the Agreement for an additional term equal in length to the original or prior term. There will be no proration of any storage fees due hereunder.

Early Termination:

If this Agreement is for a specified Term, and the Customer decides to terminate the Agreement early, the Customer shall pay the remaining month(s) storage fee, plus an additional two (2) months, in one lump sum to terminate the Agreement.  Upon payment of the lump sum, the Customer shall have seven (7)  days to pick up the Vehicle(s).  A late fee of fifty dollars ($50) per day per Vehicle will apply for every day the Vehicle(s) are not picked up.  Late fees must be paid in full in order for the Vehicle(s) to be released.

Owners’ Lien:

Owner shall have a lien on the Vehicle stored in the Facility for the monthly storage fees or other charges due to Owner under this Agreement pursuant to Title 23 and/or Chapter 713 of the Florida Statutes. In the event Customer fails to pay any monthly storage fee or other charges due under this Agreement or in the event of any other default by Customer under this Agreement, Customer’s Vehicle stored in the Facility may be sold to satisfy Owner’s lien and to pay the monthly storage fees or other charges due to Owner under this Agreement, in accordance with and upon compliance with the provisions of Florida law. In the event of any default by Customer under this Agreement, all moving, storage and/or sales costs (including reasonable attorneys’ fees and costs associated with the sale of Customer’s Vehicle) shall be borne by Customer.

Customer’s Inspection and Acceptance of the Facility:

Customer acknowledges that he/she has inspected the Facility and accepts the Facility as being in good order and condition and suitable for the storage of Customer’s Vehicle. Customer agrees to pay or reimburse Owner promptly for any repairs necessary to the Facility resulting from any damage or negligence by Customer or Customer’s guests, family members, representatives and/or agents.

Access to Vehicle:

Owner shall provide access to the Vehicle upon being provided not less than twenty-four (24) hours prior notice, and upon such terms as in Owner’s discretion Owner deems appropriate. Owner shall notify Customer of the hours or times of access that will be made available and may, in Owner’s sole discretion, require verification of Customer’s identity and signature for access to the Facility. Owner reserves the right to limit access to the Facility to Customer and persons authorized in writing by Customer to have access to Customer’s Vehicle. Customer acknowledges and agrees that access to the Facility shall be limited only to the delivery and removal of the Vehicle by Customer or Customer’s authorized persons.

Binding Effect:

This Agreement and the covenants and provisions hereof shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors in interest and assigns. Any rights, powers or authority granted herein to Owner may be exercised by Owner’s agent or other representative or agent.

Transferability:

The rights and privileges granted to Customer hereunder are non-transferable and may not be assigned or licensed by Customer. Customer agrees that it does not and shall not claim at any time any legal interest or estate of any kind or extent whatsoever in the Facility, by virtue of this Agreement or its use of the Facility hereunder. Furthermore, Customer acknowledges and agrees that this is a license at will and is not to be deemed a lease or easement, that Customer has no right to improve or alter the Facility, and that Customer has no right to detrimentally rely on this Agreement.

Fluid Leaks and Liability:

Customer agrees that he/she shall take whatever actions are necessary to prevent fluids from leaking from the Vehicle stored at the Facility. Notwithstanding the above, if fluids leak from the Vehicle, Owner shall have the right to terminate this Agreement by providing not less than three (3) days prior written notice to Customer, and Customer shall remove the Vehicle at Customer’s sole cost and expense within five (5) days of receipt of the aforementioned written notice. Customer shall also be liable for any and all costs and expenses incurred by Owner in connection with all cleaning and abatement of any condition(s) at the Facility resulting from such fluid leaks, as more fully detailed in the indemnification clause provided herein.

Due Date for Storage Fees; Late Charges:

Monthly storage fees are due to Owner on the first (1st) day of each month during the Term of this Agreement, and Customer will be deemed to be in default if not timely paid. If a monthly storage fee is not received by the seventh (7) day of any month, Customer understands and agrees that Customer’s access to the Vehicle will be denied until all past due storage fees have been paid. Any monthly storage fee paid after the tenth (10th) day of any month is subject to a Fifty Dollar ($50.00) late charge, and interest on any monies owing shall accrue from the due date of the payment at a rate of eighteen percent (18%) per annum. In the event any check tendered to Owner by Customer is dishonored by Customer’s bank for any reason, Customer agrees to pay a twenty-five dollar ($25.00) fee for the dishonored check as an additional fee.

Non-bailment:

Customer acknowledges and agrees that this Agreement does not create a bailment and that the relationship between Owner and Customer is only that of licensor and licensee and not that of bailor and bailee. Owner assumes no liability for theft, collision, fire, negligence or damage of any kind to the Vehicle unless such damage is proven to be directly attributable to Owner’s own gross negligence or willful misconduct by a court of competent jurisdiction. Owner assumes no liability for damages or injuries resulting from faulty brakes or other mechanical failures, or from Customer’s failure to set brakes properly, leave the Vehicle in gear, or to curb wheels. In no event shall liability extend to payment for loss of use of a Vehicle or for loss of any articles left in the Vehicle. Owner further shall not be liable for any loss of profit, or any special, indirect, or consequential damages of any kind.

Insurance:

CUSTOMER ACKNOWLEDGES AND AGREES THAT OWNER SHALL HAVE NO OBLIGATION TO CARRY INSURANCE ON CUSTOMER’S VEHICLE OR ANY OTHER PROPERTY STORED IN THE FACILITY, AND AGREES THAT OWNER SHALL NOT DO SO. CUSTOMER MUST OBTAIN OR CARRY HIS/HER/ITS OWN COVERAGE FOR EACH VEHICLE STORED IN THE FACILITY.  FURTHER, CUSTOMER WILL FURNISH PROOF OF INSURANCE AT ALL TIMES THAT THE VEHICLE IS LOCATED IN OR AT THE FACILITY.  Owner will not be responsible or otherwise liable directly or indirectly for loss or damage to the Vehicle or other property of the Customer due to any cause whatsoever, including fire, explosion, theft, vandalism, negligence, wind or water damage, acts of God, or any defect, whether known or subsequently created or discovered in the Facility, or the acts or omissions of any third-party, regardless of whether such loss or damage may be caused or contributed by the negligence of Owner, its agents or employees. Customer accepts all risk of damage or loss to the Vehicle and any personal property stored within the Facility. Customer further acknowledges and agrees that Owner shall not be liable to Customer for any damage or loss to any personal property stored within the Vehicle. Customer shall, at Customer's sole expense, obtain and keep in force during the Term of this Agreement policies of bodily injury, property damage, and comprehensive insurance, insuring Owner against any liability arising out of the Customer’s use of the Facility. Such insurance shall be in an amount not less than $300,000.00 combined single limit. The limits of said insurance shall not, however, limit the liability of Customer hereunder. Customer, as a material part of the consideration to Owner, hereby assumes all risk damage to property or injury to persons in, upon or about the Facility arising from Customer’s use of the Facility, and Customer hereby waives all claims in respect thereof against Owner;

Insurance required hereunder shall be with good and solvent insurance companies reasonably satisfactory to Owner; in the absence of other specific directions, such companies shall hold a "General Policyholders Rating" of at least B-plus, or such other rating as may be required by a lender having a lien on the Facility, as set forth in the most current issue of "Best's Insurance Guide." Customer shall deliver to Owner copies of policies of insurance required to be provided by Customer under this Agreement, or certificates evidencing the existence and amounts of such insurance and its compliance with the conditions set forth in this Section.

Customer understands and agrees that insurance coverage for all stored Vehicles is a requirement of this Agreement. If any insurance coverage terminates or lapses and is not immediately replaced, Customer agrees to promptly remove the Vehicle from the Facility.

Prohibited Conduct:

Customer is prohibited from bringing alcoholic beverages, firearms, personal weapons of any nature into the Facility. Customer is also prohibited from bringing pets into the Facility. Customer is prohibited from using the on-site dumpster(s) located at the Facility. Customer agrees to observe all posted signs for motor vehicles. Customer understands and agrees that there is no smoking or carrying any open flames of any nature in the Facility.

Waiver:

The waiver by Owner of any breach of any term hereof shall not be deemed to be a waiver of such term or any subsequent breach of the same or any other term herein contained. The subsequent acceptance of monthly storage fees hereunder by Owner shall not be deemed a waiver of any preceding breach by Customer of any term, covenant or condition of this Agreement other than the failure of Customer to pay the particular monthly storage fee(s) so accepted, regardless of Owner’s knowledge of such preceding breach at the time of acceptance of such monthly storage fee. No provision of this Agreement shall be deemed waived by Owner unless such waiver be in writing signed by Owner.

Invalidity of Particular Provision:

If any term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to parties or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

Attorneys’ Fees:

In the event it becomes necessary for Owner or Customer to enforce or construe the terms of this Agreement in the event of a default by Owner or Customer, then all costs and expenses of such enforcement, including reasonable attorneys’ fees and costs, to include appellate proceedings, whether enforced by litigation or otherwise, shall be paid for and be the responsibility of the party who does not prevail in the proceeding.

Payment of Monthly Storage Fees:

Payments of monthly storage fees may be made only by ACH, wire transfer, or credit card (Amex, Visa, or MasterCard). The cost of any charge card transaction and any applicable sales tax will be added to the storage fee. No other form of payment is accepted. Customer will have the option to pay by credit card auto-pay.

Governing Laws:

This Agreement and any actions between the parties shall be governed by the laws of the State of Florida and Customer hereby agrees that jurisdiction and venue is proper in Pinellas County, Florida, for any litigation which shall arise from a breach or alleged breach of this Agreement. This Agreement has been negotiated at arm’s length and Owner and Customer have had the opportunity to have it reviewed by counsel. This Agreement shall not be strictly construed against either party.

Rules and Regulations:

Customer agrees to be bound by the Rules and Regulations, if any, as posted by the Owner and which may be changed from time to time. All Rules and Regulations (or Policies) shall be deemed to be part of this Agreement and incorporated therein.

Accord and Satisfaction:

No payment by Customer or receipt by Owner of a lesser amount than the monthly storage fees herein stipulated shall be deemed to be other than on account of the earliest stipulated monthly storage payment, nor shall any endorsement or statement on any check or letter accompanying any check or payment be deemed an accord and satisfaction, but Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such monthly storage fee(s) or pursue any other remedy provided herein or under applicable laws, and without waiving any instance of default by Customer hereunder.

Integration:

This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, representations and understandings. No amendment to or modification of this Agreement shall be valid unless it is in writing, signed and dated by the Owner and Customer.