TERMS OF SERVICE
IMPORTANT-PLEASE READ CAREFULLY: WHEN YOU LEASE SELF-STORAGE SPACE ON WWW.CLERMONTXLSTORAGE.COM AND YOU CLICK THE "I Agree" BUTTON ON THE CHECK-OUT PAGE, YOU INDICATE YOUR AGREEMENT TO THE TERMS SET FORTH IN THE HERE BELOW LEGAL LEASE/RENTAL AGREEMENT THAT WILL BE SETTLED BETWEEN YOU AND CLERMONT XL STORAGE!
Lease/Rental Agreement
THIS LEASE/RENTAL AGREEMENT is executed by and between:
The Owner who is Clermont XL Storage
Address: 908 Jan Mar Court, Minneola, FL 34715
Tel: (352) 432-1757
E-mail: info@clermontXLstorage.com
And the Tenant who is the Credit Card Holder in the present prepaid rental Agreement
Address: billing address of the credit card
It is agreed by and between Owner and Tenant:
1. PURPOSE AND DESCRIPTION OF PREMISES. The parties have entered into this Lease/Rental Agreement for the purpose of renting certain storage space as herein described and with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder. Owner rents to Tenant and Tenant rents from Owner one enclosed Storage Unit (approximately 12 x 29-feet with 11-feet wide x 14-feet high roll up door) for Tenant’s use alone and in which no other party shall have any right or interest (hereinafter the “Premises”). The Unit is included in a larger self-service storage facility located at 908 Jan Mar Court, Minneola FL 34715. The facility contains similar rented spaces, as well as common areas for the use of Tenant and other Tenants (the entire self-service storage facility is hereinafter referred to as the “Property”). Tenant shall examine the Premises and the Property and acknowledges and agrees the measurements noted for the Premises are an approximation only, that space size is estimated per Building Office Management Association standards and does not refer to usable space, that the size of the Premises and any referenced sizes are approximate, given for illustration only and may vary materially, that Tenant shall have had the opportunity to measure the Premises prior to moving in, and that the Premises and the common areas of the Property are satisfactory for all purposes for which Tenant shall use the Premises and the Property including the size and capacity of the Premises. During the term of the present rental Agreement, the Tenant shall have permanent access to the Premises and the common areas of the Property.
2. TERM. The term of this rental Agreement shall commence within 48 hours from the initial / first payment date when the OWNER assign a Storage Unit number to the TENANT. The term of this rental Agreement shall terminate:
a. At the end of this first prepaid period
b. Or at the end of any additional prepaid period that has been paid before expiration of the current prepaid period.
3. RENT.
a. Rent are prepaid for the entire term of the rental Agreement.
b. In addition to the prepaid rent collected is a 7% Sales Tax per State of Florida.
c. The tenant must empty, vacate and unlock the premises before the end of the prepaid term OR prepay an additional period in order to extend the term of the present rental Agreement.
d. Additional prepaid period are at the rate valid on the date of such pre-payment.
e. The Unit will be secured (locked) by the Landlord at the end of the prepaid term without prior notice.
4. ADDITIONAL RENT, FEES, AND DEPOSITS.
a. In the event the premise has not be emptied and vacated by the Tenant at the end of the term, in order to regain access to the, by the Owner, locked Unit, the Tenant shall pay a day to day postpaid rent Rate of $15.00 per day beyond the term of the rental Agreement. This day to day postpaid rent rate shall apply from the term of the rental Agreement until the premise has been emptied and vacated by the Tenant.
b. In addition to the postpaid day to day rent collected is a 7% Sales Tax per State of Florida.
c. In the event that the Landlord must collect any sums due from the Tenant or enforces any of his rights or Tenant’s obligations, by law or through an attorney-at-law, in addition to all sums owed, Tenant shall be liable for Landlord reasonable attorney’s fees.
4(a). DEFAULT; OWNER’S REMEDIES AND LIEN. If the Tenant shall not empty, vacate and unlock the premise at the end of the prepaid period(s), or if the Tenant shall fail and refuse to perform timely any of the covenants, conditions or terms of this Rental Agreement, Tenant shall be conclusively deemed in default under this Rental Agreement and Owner will terminate Tenant’s right to use of and access to the Premises. TENANT’S PERSONAL PROPERTY IN, ON OR ABOUT THE PREMISES WILL BE SUBJECT TO A POSSESSORY LIEN IN FAVOR OF OWNER FROM THE DATE DAY BY DAY RENT IS DUE AND UNPAID FOR RENT, LABOR OR OTHER CHARGES AND FOR EXPENSES REASONABLY INCURRED IN THE SALE OF SUCH PERSONAL PROPERTY. TENANT’S PERSONAL PROPERTY IN, ON OR ABOUT THE PREMISES MAY BE SOLD TO SATISFY SUCH LIEN IF TENANT IS IN DEFAULT UNDER THIS RENTAL AGREEMENT. This remedy is cumulative with and in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity.
4(b). ABANDONMENT OF TENANT’S PROPERTY. Without limiting the right of Owner to conclude for other reasons that Tenant has actually abandoned the Premises and the personal property located in or on the Premises, Tenant agrees that Owner may conclusively deem an abandonment byTenant of the Premises and all personal property in or on the Premises to have occurred should Tenant fail to notify Owner in writing of tenant’s intention not to abandon the Premises and the personal property within fifteen (15) days following Owner’s written notice of belief of abandonment, which notice may be given and shall be deemed to be effective as provided with respect to the giving of notice as provided in Paragraph 15. Moreover, any personal property of Tenant which shall remain in or on the Premises or at the Property after the expiration or termination of this Lease/Rental Agreement (other than the termination of this Lease/Rental Agreement while a default by Tenant exists) shall be considered abandoned at the option of Owner and, if abandoned, Owner may sell, destroy or otherwise dispose of Tenant’s property.
4(c). PARTIES TO RENTAL AGREEMENT. The Party executing this Rental Agreement as Tenant hereby represents and warrants that he or she is not acting as agent or other representative of any other person or entity not specifically identified herein. Except as specifically provided herein, no individual or entity other than the credit card holder hereto shall have any right, title or interest in or to this Rental Agreement or the Premises or the personal property stored therein.
4(d). OWNER INFORMATION. The Property is owned by Stefan J. Boone and Brigitte M. Dermaut, husband & wife, doing business as Clermont XL Storage.
5. APPLICABLE LAW; JURISDICTION; VENUE. This Lease/Rental Agreement shall be governed and construed in accordance with the laws of the state of Florida. If any provision of this Lease/Rental Agreement shall be invalid or prohibited under such applicable 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 Lease/Rental Agreement. The parties agree that in view of the limitations of value of the stored goods as provided in paragraph 6 below and the limitations as to Landlord’s liability as provided in paragraph 8 below, the value of any claim hereunder is limited to $5000 and, accordingly, any action for adjudication of a claim shall be heard in a court of limited jurisdiction such as a small claims court. Tenant acknowledges that he understands the provisions of this paragraph and agrees to these provisions.
6. USE OF PREMISES AND PROPERTY AND COMPLIANCE WITH LAW. Tenant shall store only personal property that belongs to Tenant. Because the value of the personal property may be difficult or impossible to ascertain, Tenant agrees that under no circumstances will the aggregate value of all personal property stored in the Premises exceed, or be deemed to exceed, $5,000 and may be worth substantially less than $5,000. Tenant shall not permit any Hazardous Materials (as defined below) to be stored in the Premises or the Property or store any improperly packaged food or perishable goods, flammable materials, explosives and other inherently dangerous material in the Premises or the Property and shall not store any personal property on the Premises 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, and Tenant shall comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning the Premises and its use. For purposes of this Lease/Rental Agreement, "Hazardous Materials" shall include but not be limited to any hazardous or toxic chemical, gas, liquid, substance, material or waste (including, in some jurisdictions, vehicle tires) that it is or becomes regulated under any applicable local, state or federal law or regulation. Tenant shall not use the Premises in any manner that will constitute waste, nuisance or unreasonable annoyance to Owner, Owner’s Agents or other Tenants in the Property nor perform any welding in the Property. Tenant acknowledges and agrees that the Premises and the Property are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as (but not limited to) books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. Tenant agrees that the value of any such items shall not exceed for any purpose the salvage value of the raw materials of which the item is constituted. Tenant acknowledges that the Premises may be used for storage only, and that use of the Premises for the conduct of a business or for human or animal habitation is specifically prohibited. Upon termination of this Lease/Rental Agreement, Tenant shall remove all Tenant’s personal property from the Premises unless there are unpaid charges secured by Owner's lien rights as referenced in paragraph 4 (including any subparts) and shall immediately deliver possession of the Premises to Owner in the same condition as delivered to Tenant on the commencement date of this Lease/Rental Agreement, reasonable wear and tear excepted. Tenant acknowledges that he has read and understands the provisions of this paragraph and agrees to comply with its requirements.
7. INSURANCE; RELEASE OF LIABILITY. ALL PERSONAL PROPERTY IS STORED BY TENANT AT TENANT'S SOLE RISK. INSURANCE IS TENANT'S SOLE RESPONSIBILITY. TENANT UNDERSTANDS THAT OWNER WILL NOT INSURE TENANT'S PERSONAL PROPERTY AND THAT TENANT IS OBLIGATED UNDER THE TERMS OF THIS LEASE/RENTAL AGREEMENT TO INSURE HIS OWN GOODS. To the extent Tenant’s insurance lapses or Tenant does not obtain insurance coverage for the full value of Tenant's personal property stored in or on the Premises, Tenant agrees Tenant will personally assume all risk of loss. Owner, his Agents and authorized Representatives will not be responsible for, and Tenant hereby releases Owner, his Agents and authorized Representatives from any responsibility for, any loss, liability, claim, expense or damage to property that could have been insured (including without limitation any Loss arising from the active or passive acts, omission or negligence of Owner, his Agents or authorized Representatives (the "Released Claims"). Tenant waives any rights of recovery against Owner, hos Agents or authorized Representatives for the Released Claims, and Tenant expressly agrees that the carrier of any insurance obtained by Tenant shall not be subrogated to any claim of Tenant against Owner, his Agents or authorized Representatives. The provisions of this paragraph will not limit the rights of Owner his Agents and authorized Representatives under paragraph 8. Tenant acknowledges that he understands the provisions of this paragraph and agrees to these provisions and that insurance is Tenant's sole responsibility.
8. LIMITATION OF OWNER'S LIABILITY; INDEMNITY. Owner, his Agents and authorized Representatives will have no responsibility to Tenant or to any other person for any loss, liability, claim, expense, damage to property or injury to persons ("Loss") from any cause, including without limitation, Owner's, his Agents and authorized Representatives active or passive acts, omissions, negligence or conversion, unless the Loss is directly caused by Owner's fraud, willful injury or willful violation of law. Tenant shall indemnify and hold Owner, his Agents and authorized Representatives harmless from any loss incurred by Owner, his Agents and authorized Representatives in any way arising out of Tenant's use of the Premises or the Property including, but not limited to, claims of injury or loss by Tenant’s visitors or invitees. Tenant agrees that Owner's, his Agents and authorized Representatives total responsibility for any Loss from any cause whatsoever will not exceed a total of $5,000. Tenant acknowledges that he understands and agrees to the provisions of this paragraph.
9. REPRESENTATION AS TO MILITARY SERVICE. The Tenant who is, or go, in the military at any time during the term of this rental Agreement agrees to immediately notify Owner of changes in Tenant’s military status or assignment resulting in changes to the mailing address, phone number or other information provided.
10. NEGATIVE CREDIT INFORMATION. Owner, or its service provider acting on Owner’s behalf, may report information about Tenants account to credit bureaus. Defaults on Tenant’s account may be reflected in Tenant’s credit report.
12. PRIVACY POLICY. Tenant acknowledges that Tenant has received a copy of Owner’s Privacy Policy and has reviewed and agrees with its terms and provisions. Owner’s Privacy Policy is incorporated in full herein by this reference.
13. RIGHT TO ENTER, INSPECT AND REPAIR PREMISES. Tenant shall grant Owner, Owner’s Agents or the representatives of any governmental authority, including police and fire officials, access to the Premises upon three (3) days prior written notice to Tenant. In the event Tenant shall not grant access to the Premises as required, or in the event of an emergency or upon default of any of Tenant’s obligations under this Lease/Rental Agreement, Owner, Owner’s Agents or the representative of any governmental authority shall have the right, but not the obligation, to remove Tenant’s locks and enter the Premises for the purpose of examining the Premises or the contents thereof or for the purpose of making repairs or alterations to the Premises and taking such other action as may be necessary or appropriate to preserve the Premises or to comply with applicable law including any applicable local, state or federal law or regulation governing hazardous or toxic substance, material or waste, or to enforce any of Owner’s rights. In the event of any damage or injury to the Premises or the Property arising from the negligent or deliberate act or omissions of the Tenant, or for which Tenant is otherwise responsible, or if Tenant fails to remove all personal property from the Premises upon termination of this Lease/Rental Agreement, all expenses reasonably incurred by Owner to repair or restore the Premises or the Property 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 or toxic substance, material or waste, shall be paid by the Tenant as additional Rent and shall be due upon demand by the Owner.
14. TERMINATION AND DEFAULT. Owner may terminate this Lease/Rental Agreement (i) before term commencement by simply refund all of the sum paid by the Tenant (for example but not limited to, in case of material error on the inventory or in case the tenant didn’t agree with the “Terms of Service” and the present Lease/Rental Agreement) or, (ii) if Tenant is not in default, at the expiration of any period or term by giving written notice to Tenant by first class mail, at the last known address provided to Owner in writing by Tenant as provided in paragraph 15 below, not less than fifteen (15) days before expiration of the term or, (iii) if there is a default, by notice two (2) days in advance at any time during the term. Tenant may terminate this Lease/Rental Agreement at any time by giving two (2) days written notice to Owner. If Tenant defaults under any of the obligations under this Lease/Rental Agreement, Owner may pursue any remedies available to Owner under applicable law or this Lease/Rental Agreement. Owner’s decision to pursue one remedy shall not prevent Owner from pursuing other available remedies. Also, if Owner or Owner’s Agents reasonably determine that Tenant has vacated the Premises, Owner may terminate this Lease/Rental Agreement immediately or at anytime thereafter.
15. CHANGE OF ADDRESS AND NOTICES. In the event Tenant shall change Tenant’s address or alternate name and address as set forth on this Lease/Rental Agreement, Tenant shall give Owner written notice of such change signed by Tenant and specifying Tenant’s current address and alternate name, address and telephone number, within ten (10) days of the change; such notice to be mailed to Owner by first class mail with proof of mailing. Changes of addresses or telephone numbers cannot be effected telephonically. Except as otherwise expressly provided in this Lease/Rental Agreement or by law, any written notices or demands required or permitted to be given under the terms of this Lease/Rental Agreement may be served by first class mail deposited in the United States mail with postage thereon fully prepaid and addressed to the party at the address provided for in this Lease/Rental Agreement. Service of any such notice or demand shall be deemed complete on the date of deposit with postage thereon in the United States mail.
16. RULES AND REGULATIONS. The rules and regulations posted in a conspicuous place at the Property are made a part of this Lease/Rental Agreement and Tenant shall comply at all times with such rules and regulations. Owner shall have the right from time to time to promulgate amendments to the rules and regulations. Upon the posting of any such amendments or additions in a conspicuous place at the Property, they shall become a part of this Lease/Rental Agreement.
17. MISCELLANEOUS.
a. Tenant shall provide, at Tenant’s own expense, a lock for the Premises which Tenant deems sufficient to secure the Premises. Tenant shall not provide a key and/or combination to Tenant’s lock to Owner or Owner’s Agents.
b. Electricity which may be supplied to the Premises is to light the Premises for Tenant’s convenience in viewing and accessing stored goods only. Tenant shall turn off the lights when leaving the Premises. In the event electricity is used other than as above, Tenant shall pay an additional charge upon notice from Owner.
c. Tenant shall not make or allow any alterations without the prior written consent of Owner.
d. Tenant hereby authorizes Owner to release any information regarding Tenant as may be required by law or requested by governmental authorities or agencies, law enforcement agencies, or courts.
e. Tenant shall not assign or sublease the Premises. Owner may assign or transfer this Lease/Rental Agreement without the consent of Tenant and, after such assignment or transfer, Owner shall be released from all obligations under this Lease/Rental Agreement occurring after such assignment or transfer. All of the provisions of this Lease/Rental Agreement shall apply to, and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of all the parties hereto.
f. Time is of the essence.
18. NO WARRANTIES; ENTIRE AGREEMENT. Owner hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the Premises and the Property and Tenant hereby acknowledges, as provided in paragraph 1 above, that Tenant has inspected the Premises and the Property and hereby acknowledges and agrees that Owner does not represent or guarantee the safety or security of the Premises or the Property or of any personal property stored therein, and this Lease/Rental Agreement does not create any contractual obligation for Owner to increase or maintain such safety or security. This Lease/Rental Agreement and any written amendments or addenda executed at the same time as this Lease/Rental Agreement set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. With the exception of posted rules and regulations as noted in paragraph 16, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no Representative of Owner or Owner’s Agents is authorized to make any representations, warranties, or agreements other than as expressly set forth herein and, further, with the exception of rate adjustments as provided in paragraph 3.d above, this Lease/Rental Agreement may only be amended by a writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Lease/Rental Agreement the day and year of the initial / first credit card payment.
OWNER
Clermont XL Storage – Electronic Approval
TENANT
Credit Card Holder – Electronic Approval