Rental Agreement Standard Terms and Conditions

These Standard Terms and Conditions form an integral part of the Rental Agreement (“Agreement”) entered into between Storage Valet,LLC, a California Limited Liability Company (“Company”) and “Customer”, whose name, and address(es) are set forth in the Customer Information section of the Rental Agreement, for the purpose of renting certain portable storage Container(s) and/or space, and as hereinafter more fully described and with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created here under. Due to the nature of Company’s business and its purpose being storage, it is further understood that Company is not representing to Customer, in any manner whatsoever, that Company is a “warehouseman” as such term is defined by applicable state statutes. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement.

NOW THEREFORE, for and in consideration of the foregoing recital (which is incorporated herein by reference) and other consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual promises and assumption of obligations described in this Agreement, the parties hereto hereby agree as follows:

1. DESCRIPTION OF CONTAINER(S).
   1. DESCRIPTION. Company leases to Customer and Customer leases from Company during the Term (as defined in Section 9 below) one or more storage container(s) (“Container(s)”) as described in the Rental Agreement’s Summary of Service Terms.
   2. ADDITIONAL CONTAINERS. In the event Customer rents additional Container(s) during the Term beyond those described in the Summary of Service Terms, all terms and conditions stated herein, including but not limited to the then-current Container(s) rental rate, shall apply to the additional Container(s) rented by Customer, effective as of the date of the delivery of any additional Container(s).
   3. ALTERATIONS. Customer shall not make or allow any alterations of any kind or description whatsoever to the Container(s) without, in each instance, the prior written consent of the Company.
2. USE AND STORAGE OF CONTAINER(S)
   1. USE OF CONTAINER(S). Customer shall store only personal property that Customer owns and will not store property that is claimed by another or in which another has any right, title or interest. Customer has examined the Container(s), or will have the opportunity to do so before its use, and acknowledges and agrees that by loading the Container(s) with Customer’s belongings, the Container(s) is satisfactory for all purposes for which Customer shall use it. Customer specifically acknowledges that (i) Customer assumes full responsibility and liability for packing Customer’s property in the Container(s) and for securing Customer’s property for over the road transportation, and (ii) the maximum weight of Customer’s property shall not exceed: (i) 2,000 pounds per 5’ x 8’ Container, (ii) 7,000 pounds per 8’ x 16’ Container, and (iii) 7,000 pounds per 8’ x 20’ Container, if Container(s) are being transported by Company.
   2. OPTIONAL STORAGE OF CONTAINER(S). Customer has the option to store the Container(s) with Company or have the Container(s) remain at Customer’s designated location. Should Customer elect to have Company store the Container(s) at Company’s premises, Customer agrees that Company may store the Container(s) at any of Company’s or its affiliates’ storage facilities (each a “Facility”). Company shall attempt to store the Container(s) at a Facility closest to Customer’s address, space permitting. Should Customer elect not to store the Container(s) at a Facility, the Container(s) shall remain located at the address designated by Customer.
3. PROHIBITED USES OF CONTAINER(S); HAZARDOUS MATERIALS AND COMPLIANCE WITH LAW.
   1. PROHIBITED USES. Customer shall not store any food or perishable goods, flammable materials, explosives, or other inherently dangerous material, nor perform any work in the Container(s). HUMAN OR ANIMAL HABITATION IS PROHIBITED. Customer shall not store invaluable or irreplaceable property such as books, records, writings, works of art, photographs, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value to Customer and records or receipts relating to the goods stored in the Container(s). Furthermore, Customer acknowledges and agrees that the following items shall be excluded from storage: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letter of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious metals and pewter; credit/debit cards, stored value cards and smart cards; manuscripts, personal records, passports, tickets and stamps; jewelry, watches, furs, precious and semiprecious stones, firearms; aircraft, hovercraft, motor vehicles and engines, trailers; property not owned by the Customer or for which Customer is not legally responsible; computer software or programs, media or computer data contained on hard disks or drives or in any other medium.
   2. HAZARDOUS MATERIALS AND COMPLIANCE WITH LAW. Customer shall not store any personal property in the Container(s) which 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. For purposes of the Agreement, “Hazardous Materials” shall include but not be limited to any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation.
4. PLACEMENT, RIGHT TO ENTER, ACCESS.
   1. PLACEMENT OF CONTAINER(S) AT CUSTOMER’S PREMISES. If Container(s) is delivered to Customer’s premises, Customer acknowledges that Company will use its best efforts to place the Container(s) in an appropriate location designated by Customer and will normally place the Container(s) on a driveway or other paved surface immediately accessible from a street fronting Customer’s premises. Such placement area shall have adequate width, depth and height clearance to sustain the weight and size of the Container(s). Customer authorizes Company to (i) drive on Customer’s lawn or other non-paved area in order to place the Container(s) in the area designated by Customer or to place the Container(s) in an area lacking adequate clearance, or (ii) drive on a paved surface. In either case, Customer assumes full risk for all damage resulting from the placement of the Container(s) and relieves Company from any responsibility for such damage. Additionally, Customer acknowledges that Company recommends against driving on Customer’s lawn or non-paved, and certain paved, areas. Any deliveries or retrievals of the Container(s) requiring Company to access the Container(s) by way of non-paved areas or in the event that placement of the Container(s) shall require extraordinary efforts (such as driving the forklift a significant distance from the delivery vehicle) shall permit Company, at its option, to assess Customer a reasonable service charge, which Customer agrees to pay. Customer agrees that Customer will not relocate the Container(s). In the event it is determined that the Container(s) has been relocated, Customer agrees to pay an additional fee of not less than $75.00 plus any cost associated with the retrieval of the Container(s) up to the current replacement cost of the Container(s) plus shipping.
   2. PLACEMENT OF CONTAINER(S) AT COMPANY-APPROVED LOCATION. If Container(s) is delivered to a location other than Customer’s premises, such as a Company-approved pick-up/drop-off area, Company shall be responsible for securing Company’s access to such location and ensuring that the placement area shall have adequate width, depth and height clearance to sustain the weight and size of the Container(s).
   3. RIGHT TO ENTER, INSPECT AND REPAIR CONTAINER(S). If Container(s) is delivered to Customer’s premises, Customer represents and warrants that Customer (i) has an ownership interest in the real property upon which the Container(s) are placed by the Company and/or that Customer is an authorized agent of the owner(s) of such real property; and (ii) has the right and authority to permit Company’s unrestricted entrance upon such real property. In all cases, Customer shall grant Company, Company’s agents or the representatives of any governmental authority, including police and fire officials, access to the Container(s) and the property where such Container(s) may be located, if necessary, as required by applicable laws and regulations or in connection with Company exercising its right as set forth in Section 23 of these Standard Terms (DEFAULT; REMEDIES). In the event Customer shall not grant access to the Container(s) as required, or in the event of an emergency or upon default of any of Customer’s obligations under the Agreement, Company, Company’s agents or the representatives of any governmental authority shall have the right, but not the obligation, to remove Customer’s locks and enter the Container(s) for the purpose of examining the Container(s) or the contents thereof or for the purpose of making repairs or alterations to the Container(s) and taking such other action as may be necessary or appropriate to preserve the Container(s), or to comply with applicable law including any applicable local, state or federal law or regulation governing Hazardous Materials or to enforce any of Company’s rights. In the event of any damage or injury to the Container(s) or the Facility arising from the negligent or deliberate act or omissions of the Customer or for which Customer is otherwise responsible, all expenses reasonably incurred by the Company to repair or restore the Container(s) or the Facility including any expense incurred in connection with any investigation of site conditions, or any clean-up, removal or restoration work required by any applicable local state or federal law or regulation or agency regulating any Hazardous Materials, shall be paid by the Customer as additional rent and shall be due upon demand by the Company.
   4. ACCESS TO FACILITY. In Company’s sole discretion, Customer’s access to the Facility may be conditioned in any manner deemed reasonably necessary by Company to maintain order and protect the security of the Facility. Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Customer’s photo identity documents, requiring inspection of Container(s), and requiring Customer to sign in and out upon entering and leaving the Facility. In the event Customer wishes to access the stored items at the Company’s Facility, Customer shall provide Company with at least four (4) hours advance notice during weekday normal business hours and shall conclude such access no later than the conclusion of normal business hours. Access on Saturdays is available when scheduled during the week as long as it is not a national holiday. Access may be denied if Customer’s account is more than ten (10) days past due and Customer has failed to respond to Company’s Preliminary Lien Notice within the time specified in such Notice.
5. RENT. During the Term, Customer shall pay Company rent, as set forth in the Summary of Service Terms (“Rent”), without deduction, prior notice, demand or billing statement. For fixed term rentals, including summer, summer plus fall, and/or spring plus summer, Rent shall be paid, in advance, as set forth in the Summary of Service Terms. For all other rentals, Rent shall be paid (a) upon the 1st day of each calendar month, except that rent for the first month or any part thereof shall be paid upon the execution of this Agreement, or (b) if another date is specified in the Summary of Service Terms (“Activation Date”), on a monthly basis beginning on such Activation Date. Upon the expiration of any Minimum Period (as set forth in the Summary of Service Terms) or any mutually agreed extension thereof, the rental rate will automatically revert to the Company’s then-current monthly rate. Thereafter, the rental rate may be changed at any time by Company provided written notice is given to Customer at the physical or e-mail address(es) provided above, at least thirty (30) days before the due date of the next applicable Rent payment due here under.
6. ADDITIONAL FEES AND CHARGES. Customer agrees to pay all the applicable fees and charges as described in the Addendum hereto. All fees and charges are per occurrence except where noted. In the event Customer is delinquent in the payment of Rent or other charges due under this Agreement, including without limitation, the fees and charges listed in the Addendum and costs associated with the processing of Customer’s delinquent account, Customer hereby authorizes Company to charge Customer’s bank/credit card account, without the signature of Customer, for charges applied to Customer’s account. Company shall have no liability to Customer for charges applied to Customer’s bank/credit account so long as such charges are applied by Company in good faith.
7. METHOD AND AUTHORIZATION OF PAYMENT. Customer agrees that, unless otherwise agreed to by Company, all payments due hereunder shall be charged to the Credit Card or bank account (via electronic funds transfer) provided to Company by Customer at the time Customer first places Customer’s order, or to such substitute Credit Card or bank account as Customer may provide to Company thereafter. Customer hereby authorizes Company to charge Customer’s Credit Card or bank account, without signature of Customer, for all initial rental fees and charges, and to make automatic charges against such Credit Card or bank account on the monthly payment date as set forth herein. Company shall have no liability to Customer for charges applied to Customer’s bank/credit account so long as such charges are applied by Company in good faith.
8. CONTAINER(S) TRANSPORT SERVICES. The maximum distance for the services listed in this section is forty (40) miles from any one of Company’s Facilities. Distances over forty (40) miles will be quoted on a case by case basis. Delivery, for the purposes of this Agreement, shall mean curbside drop-off within two hundred and fifty (250) feet of Company’s delivery vehicle.
   1. INITIAL DELIVERY. Container(s) (up to a maximum of five (5) 5’x8’, one 8’x16’ or one 8’x20’) will initially be delivered to Customer’s physical address or Company-approved location, as applicable, for a fee as described in the Summary of Service Terms (“Initial Delivery Fee”). The Initial Delivery Fee may be waived, partially or fully, from time to time in Company’s discretion. The Initial Delivery Fee shall also provide for the cost of the initial pickup of the Container(s) from Customer’s physical address or Company-approved location, as applicable, and transport back to the Company’s Facility as long as all the Containers (5’x8’) are picked up at the same time. No Initial Delivery Fee will be charged if Customer advises Company, at least twenty-four (24) hours before the agreed time of Container(s) delivery, orally or in writing, that Customer is rescinding the request for service.
   2. REDELIVERY. An additional fee (“Redelivery Fee), equal to Company’s then-current standard Re-delivery Fee will be assessed to Customer each time the Container(s) (up to a maximum of five (5) 5’x8’, one 8’x16’ or one 8’x20’) , are redelivered to the Customer’s physical address or Company-approved location, as applicable, within the Company’s standard delivery area. This fee will also apply at the time of termination of this Agreement, although Customer may elect to avoid such Redelivery Fee by retrieving the stored items directly from the Company’s Facility. Customer shall be required to pay in full all outstanding account balances prior to the redelivery of any Container(s). Customer shall also be required to provide at least seven (7) days’ advance notice for the scheduling of any redelivery of Container(s).
   3. RELOCATION. If Customer requests that Container(s) (up to a maximum of five (5) 5’x8’, one 8’x16’ or one 8’x20’) be delivered directly from the first location to a second location without ever being brought back to the Facility, Customer agrees to pay a Relocation Fee as noted above.
9. TERM. The term of this Agreement (“Term”) shall commence on the date set forth in the Summary of Service Terms (or on the date when either (i) Customer loads container(s) at Company’s Facility or (ii) Company delivers Container(s) to Customer), and shall continue for the fixed period or any minimum period (“Minimum Period”) set forth in the Summary of Service Terms. At the conclusion of the Term, the Term shall continue on a month-to-month basis.
10. TERMINATION.
    1. TERMINATION BY CUSTOMER. Customer may terminate the Agreement with respect to any or all of the Container(s) at any time during normal business hours upon four (4) hours’ advance notice to Company. Termination shall be effective (a) for Container(s) stored at Company’s Facility, upon Customer removing all Customer’s property from Container(s) including lock(s), and (b) for Container(s) re-delivered to Customer’s location or stored on-site at Customer’s location, upon Customer’s notice to Company that Container(s) are empty, free of locks and available for pick-up. In the event of termination by Customer, Customer shall be responsible for all rental and other applicable charges incurred through the end of the Minimum Period, or, if the Minimum Period has already been completed, any then current billing month, as rental fees are not prorated. However, Company shall provide a prorated monthly rate to Customer in the event Customer provides thirty (30) days’ advance notice to Company of Customer’s actual departure date. In the event that Customer fails to fulfill the entire Minimum Period, Customer shall be obligated to retroactively pay the following: (i) all discounts related to the Minimum Period provided to Customer including reduced monthly rental rates for Minimum Periods; (ii) any fees, including delivery fees, that may have been waived or discounted by Company; and (iii) a $75.00 Early Termination Fee.
    2. b. TERMINATION BY COMPANY. (i) Company may terminate the Agreement at any time and for any reason upon providing at least thirty (30) days’ written notice to Customer. (ii) Company may terminate this Agreement immediately upon written notice to Customer upon the occurrence of an Event of Default, as defined in Section 23 (DEFAULT; REMEDIES), including the failure to pay Rent.
11. DISPOSITION OF CONTAINER(S) AND CUSTOMER PROPERTY UPON TERMINATION. Upon termination of the Agreement for any reason, Customer shall remove all Customer’s personal property from the Container(s), unless such property is subject to the Company’s lien right pursuant to Section 16 of the Agreement (NOTICE OF LIEN), and shall immediately deliver possession of the Container(s) to Company in the same condition, broom clean, as delivered to Customer on the commencement date of the Agreement, reasonable wear and tear excepted. Customer agrees that any personal property left in the Container(s) shall, unless subject to Company’s lien right pursuant to Section 16 of the Agreement (NOTICE OF LIEN), be deemed abandoned by Customer, and with respect thereto, Customer authorizes Company to remove such property from the Container(s) and dispose of it at Customer’s expense in any manner in Company’s sole discretion and without liability to Customer. Nothing herein shall be construed as imposing a duty upon Company to store or safeguard the Customer’s personal property, and Company hereby expressly disclaims any such duty.
12. CHANGE IN TERMS OR CONDITIONS. The terms and conditions of this Agreement, including the Summary of Service Terms, with the exception of Rent during the Minimum Period, may be changed by Company upon thirty (30) days’ prior written notice given to Customer by Company.
13. LIABILITY & INSURANCE.
    1. INSURANCE. All property is stored by Customer at Customer’s sole risk. Insurance is solely the Customer’s responsibility.
    2. COMPANY’S LIABILITY IS LIMITED. Subject to the terms and conditions of this Agreement, Company’s maximum liability for loss or theft or damage to Customer’s stored property is limited to sixty cents ($0.60) per pound per article, up to twelve hundred dollars ($1,200) maximum for all goods in all Containers, with a two hundred fifty-dollar ($250) deductible. Customer agrees that liability for any and all value above the twelve hundred dollars ($1200) maximum is the sole responsibility of the Customer. Customer agrees that Company’s liability, if any, begins at pick up of loaded Container(s), and ends at redelivery/drop off of loaded Container(s).
    3. LIMITATION ON VALUE OF GOODS TO BE STORED. Customer agrees not to store goods with a total value in excess of $2,500 per 5’x8’ Container, $5,000 per 8’x16 or 8’x20’ Container and the value of all goods in all Containers rented not to exceed $10,000 without the prior written express consent of Company, which consent may be withheld in Company’s sole discretion. If such written consent is not obtained, then the total value of Customer’s property shall be deemed not to exceed the limits listed above.
14. EXEMPTION FROM LIABILITY.
    1. Company and Company’s agents will have no liability for claims or losses resulting from Customer’s failure to comply with the Agreement, including but not limited to Customer’s storage of materials or use of Container(s) in violation of the Agreement. Company is not responsible for damage in transit or in storage due to Customer’s failure to adequately pack property.
    2. Except in the case of Company’s gross negligence or willful misconduct, Company and Company’s agents will have no liability for any damage to, or loss of any property while located at the Facility, or in the Container(s), from any cause whatsoever, including, but not limited to any loss or damage which results from: (i) the effect of weather while the container is at Customer’s address; (ii) loss or damage caused by Customer, including improper packing, loading or unloading of Container(s); (iii) mechanical, electrical or other damage to computers, musical instruments, electronic components, or appliances; (iv) theft, loss or damage while the Container(s) is located at Customer’s address; (v) insects, moths, rodents, vermin, ordinary wear and tear, or gradual deterioration; (vi) defect or inherent vice of the property, such as susceptibility to atmospheric changes; (vii) loss or damage caused as a result of any strike, lockout, labor disturbance, riot, civil commotion, or any act of any person or persons taking place in any such occurrence or disorder; (viii) Company’s acting with the care that a reasonably careful person would exercise under similar circumstances; (ix) governmental action; (x) earthquakes, floods or other acts of God; (xi) burglary, fire, water damage, or mysterious disappearance; or (xii) the active or passive acts or omissions or negligence of Company or Company’s agents. Company will not be liable for any loss or damage to Customer’s property if Customer accesses the Container(s) at any time while the Container(s) are stored at Company’s Facility.
    3. Except in the case of Company’s gross negligence or willful misconduct, Company and Company’s agents shall not be liable to Customer for injury or death suffered by any person including Customer’s guests or invitees, occurring in or about the Facility or Container(s), or arising out of Customer’s use of the Facility or Container(s), from any cause whatsoever, even if such injury or death is caused by the acts or omissions or negligence of Company, or Company’s agents or employees.
    4. Any Company liability resulting from instances of negligence of Company, or Company’s agents or employees, including negligent disposal of Customer’s stored property under a good faith, but mistaken claim of lien or belief of abandonment by Customer, shall be limited to the lesser of the amount of the actual damage incurred up to the liability limits stated in the Agreement.
15. DISCLAIMER OF REPRESENTATIONS, WARRANTIES OR GUARANTEES. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE NATURE, CONDITION, SAFETY OR SECURITY OF THE CONTAINER(S) AND THE FACILITY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer further acknowledges and understands that Company makes no assurances or guarantees regarding the time of pick-up or delivery of any Container(s), except as required by law.
16. NOTICE OF LIEN. Company operates in accordance with the California Self-Service Storage Facility Act, Chapter 10, Division 8 of the Business and Professions Code of the State of California (commencing with Section 21700) (the “California Self-Service Storage Facility Act”). AS AUTHORIZED BY THE CALIFORNIA SELF-SERVICE STORAGE FACILITY ACT, THE CONTENTS OF EACH CONTAINER STORED PURSUANT TO THIS AGREEMENT WILL BE SUBJECT TO A CLAIM OF LIEN IN FAVOR OF COMPANY FOR UNPAID RENT AND OTHER CHARGES AND MAY EVEN BE SOLD BY COMPANY TO SATISFY THE LIEN IF THE RENT OR OTHER CHARGES DUE REMAIN UNPAID FOR FOURTEEN (14) CONSECUTIVE DAYS. After fourteen (14) consecutive days of unpaid Rent a preliminary lien notice will be forwarded to the Customer’s address and Company shall, in accordance with the procedures set forth in the California Self Storage Facility Act, be entitled to sell or otherwise dispose of the contents of each Container(s) to satisfy the outstanding Rent or other charges due to Company from Customer.
17. MILITARY SERVICE. If Customer is in the military service, Customer must provide notice of such to Company as evidenced by the indication in the Customer Information set forth in the Summary of Service terms. Company will rely on this information to determine applicability of the Soldier and Sailors Military Relief Act.
18. PASSWORD. Customer will be asked for their driver’s license number, the last four characters of which will be used as Customer’s password (“Password”). If Customer desires to use an alternative Password, Customer must provide Company with the new Password at time of order, or by calling the number set forth in the Addendum. Company will require the Password before providing access to the Container(s) and/or before scheduling a move or delivery of the Container(s). Customer acknowledges and agrees that Company has the right to provide access to the Customer’s account (which may permit changing information, including Password) and the Container(s) to anyone providing Company with Customer’s Password, and that Company has the right to refuse access to the Container(s) by anyone, including Customer, who does not have Customer’s Password. Customer should only disclose the Password to those persons who Customer wants to have unrestricted access to the account and the Container(s).
19. LOCK. Customer shall provide, at Customers’ own expense a lock for the Container(s) which Customer, in Customer’s sole discretion, deems sufficient to secure the Container(s). Customer shall NOT provide Company or Company’s agents with a key and/or combination to Customer’s lock. In the event such locks are rendered ineffectual for their intended purpose from any cause, or the Container(s) become insecure for any reason, Company may, but is not obligated to, take whatever measure Company deems reasonable to re-secure the Container(s), with or without notice to Customer, in Company’s sole discretion. The fact that Company has taken measures to re-secure access to Customer’s Container(s) shall not alter the limitation of Company’s liability set forth elsewhere in the Agreement, nor shall such measure be deemed a conversion of Customer’s stored property. All expenses associated with Company re-securing the Container(s) shall be paid by Customer. Upon reasonable notice, Customer may request Company to remove the lock(s) from Customer’s Container(s); however, Company is not obligated to do so. Customer must be present at the time Company removes lock(s). Customer will be charged a Lock Cut Fee of $5.00 for each lock removed at Customer’s request.
20. RULES AND REGULATIONS. Customer shall comply at all times with such rules and regulations as may be promulgated by the Company from time to time with respect to the safety, care and cleanliness of the Facility.
21. MOVEMENT OF CONTAINER(S). Customer agrees that Company has the right and sole discretion to choose to move the Customer’s Container(s) to another Facility without prior notice and without charge.
22. NOTICES, CHANGE OF ADDRESS.
23. 1. NOTICES. Except as otherwise expressly provided in the Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first class mail or certified mail, deposited in the United States mail with postage thereon fully prepaid and addressed to the party to be served at the address of such party provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed complete three (3) days after deposit in the United States mail, with postage thereon fully prepaid and sent to the last known address of the intended recipient as provided for in this Agreement.
    2. CHANGE OF ADDRESS. In the event Customer shall change Customer’s physical and/or mailing address from those provided in the Summary of Service Terms, Customer shall give Company written notice of any such change within ten (10) days of the change, specifying Customer’s current physical and/or mailing addresses, as well as contact phone numbers. Failure to provide forwarding information in writing releases Company from liability for any damages that might occur in the event that the Container(s) must be removed or in exercising Company’s remedies upon an Event of Default. Company assumes no responsibility and will make no attempts to locate Customer if such forwarding information is unavailable.
24. DEFAULT; REMEDIES.
25. 1. DEFAULTS. The following events shall be deemed to be events of default (“Events of Default”) by Customer under the Agreement:
       1. Customer shall fail to pay any installment of Rent due under the Agreement.
       2. Customer shall fail to comply with any term, provision or covenant of the Agreement, other than the payment of Rent, and shall not cure such failure within ten (10) days after written notice thereof to Customer; or
       3. Customer shall abandon the Container(s).
    2. REMEDIES. If an Event of Default shall occur, Company shall have the right at its election, then or at any time thereafter while such Event of Default continues, to pursue the following remedy or any other remedies provided for under applicable laws under the Agreement. ALL EXPENSES INCURRED BY COMPANY THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY CUSTOMER WILL BE ASSESSED TO THE CUSTOMER (INCLUDING REASONABLE ATTORNEY’S FEES AND OTHER EXPENSES). Company may immediately terminate the Agreement by giving notice to Customer, in which event Customer shall immediately surrender the Container(s) to Company and if Customer fails to do so, Company may, without prejudice to any other remedy which it may have for possession or arrearages in Rent, deny Customer’s access to the Container(s) if located at a Facility or enter upon Customer’s premises and take possession of the Container(s) and Customer’s property stored in the Container(s), and expel or remove Customer, without being liable for prosecution or any claim of damages therefore and Customer hereby agrees to pay to Company on demand the amount of all loss and damage which Company may suffer by reason of such termination, whether through inability to rent the Container(s) on satisfactory terms or otherwise. Company’s remedies, including that set forth in Section 16 of the Agreement (NOTICE OF LIEN), are cumulative, and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to Company.
26. RELEASE OF CUSTOMER INFORMATION. Customer hereby authorizes Company to release any information regarding Customer and Customer’s rental of the Container(s) as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts including but not limited to officials from local and state code enforcement agencies.
27. INDEMNIFICATION. Customer will indemnify, hold harmless, and defend Company, its agents and employees, from all claims, demands, actions, or causes of action whatsoever that are hereafter brought or made by others arising out of, or connected in any way with Customer’s use of the Facility, and/or the Container(s), other than claims based upon the gross negligence or willful misconduct of Company, its agents or employees. This indemnity obligation specifically extends to any actions, orders, penalties, or enforcement procedures made or brought by any governmental agency in connection with any materials or property stored in Customer’s storage Container(s).
28. GENERAL
29. 1. GOVERNING LAW/JURISDICTION/WAIVER OF JURY TRIAL. The Agreement shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Whenever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under California law, but, if any provision of the Agreement shall be invalid or prohibited under California Law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. Customer agrees to waive their rights to a jury trial for any and all claims made against or through Company. Customer further agrees that Company will be notified of all claims no later than the earlier of sixty (60) calendar days from the initial discovery of the claims or default or sixty (60) calendar days following the expiration or termination of the Agreement and failure to do so will result in the forfeiture of said claim. Any claims by Customer arising under the Agreement must be brought in a court of competent jurisdiction located in the geographic area in which Company has its original place of business at the time of commencement of litigation proceedings. Customer waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Customer or Company from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
    2. LOCAL ORDINANCES AND REGULATIONS. Customer acknowledges that Customer’s use and placement of the Container(s) may be subject to county, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and other complex rules. Customer assumes full responsibility for any fines and/or penalties, monetary or other, resulting from Customer’s use or placement of the Container(s) in violation of such ordinances, rules and/or regulations. If an authority requires Company to remove the Container(s) from Customer’s premises, Company will attempt to notify Customer of such requirement; however, Customer gives Company full authority to comply with such requirements, and absolves Company of any liability for any resulting damage to Customer’s premises or property. Additionally, if Customer is renting or leasing the premises where the Container(s) is located, other than property owned by Company, and the landlord of the premises requests that the Container(s) be removed or relocated, Customer gives Company full authority to comply with the landlord’s request, and absolves Company of any liability for any resulting damage to Customer’s property or the premises and shall indemnify and hold harmless Company from any claims by the landlord for damage to the premises. Customer further understands that should the Container(s) be removed by any person other than Company, Customer assumes all costs including but not limited to reasonable legal fees, and removal and storage fees, that are incurred with the Container(s)’s retrieval and further agrees to pay Company for any damages that are associated with such removal and storage of the Container(s).
    3. NON-WAIVER. Failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Agreement will not be construed as a waiver of any subsequent breach or affect the effectiveness of the Agreement, nor prejudice either party with regard to any subsequent action.
    4. FORCE MAJEURE. Company shall not be held liable for any delay, interruption, or failure to perform any of its obligations under the Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
    5. ASSIGNMENT. Customer shall not assign or sublease any rights to use the Container(s), nor store property owned by others without the written consent of Company, which consent may be withheld in Company’s sole and unlimited discretion.
    6. SUCCESSION. All of the provisions of the Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.
    7. ENTIRE AGREEMENT. The Agreement, including the Addendum and Summary of Service Terms, sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understanding with respect thereto. There are no representations, warranties, or agreements by or between the parties, which are not fully set forth in the Agreement, and no representative of Company or Company’s agents is authorized to make any representations, warranties or agreements other than as expressly set forth herein.

ADDENDUM TO RENTAL AGREEMENT
ADDITIONAL FEES AND CHARGES

1. Late Fee. In the event Company has not received monthly Rent by the 10th day after the date such Rent is due, Customer shall be charged a late payment fee on the 11th day, as follows:
   1. $10 – if the Gross Monthly Rent is sixty dollars ($60) or less.
   2. $15 – if the Gross Monthly Rent is greater than sixty dollars ($60), but less than one hundred dollars ($100).
   3. $20 or 15% of the Gross Monthly Rent (whichever is greater) – if the Gross Monthly Rent is one hundred dollars ($100) or greater.
2. NSF Charge. $25 – In the event of a dishonored or rejected bank check or credit/debit card payment from Customer to Company.
3. Cancellation Fee. $150 – In the event Customer cancels an appointment with less than 48 hours’ notice to Company.
4. Rescheduling Fee. $125 – In the event Customer reschedules or cancels any pick up or redelivery, or if Customer is absent or not ready at any scheduled redelivery, with less than twenty-four (24) hours’ notice to Company.
5. Missed Access Fee. $25 per Container – In the event Customer does not access Container(s) or notify Company at least two (2) hours prior to the scheduled access time.
6. Lien Handling Fee. $75 – In the event Customer is delinquent in payment of rent or other charges due under the Agreement for more than thirty (30) days, whether or not a lien sale occurs.
7. Foreclosure Auction Fee. $50 – In the event Customer’s goods are sold through auction.
8. Collection Costs – to collect amounts due, including reasonable attorneys’ fees, with or without suit.
9. Cleaning/Disposal/Container Damage. $150 – Disposal or cleaning of container debris, cover damage, or stains in excess of normal wear and tear.

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