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My Stack Box

MY STACK BOX RENTAL AGREEMENT

Welcome! The following information is for your reference. It contains some important information about the policies of and your agreement with this portable storage company.

Loading and unloading of container is the sole responsibility of the customer and is not included in any fee charged by My Stack Box Storage LLC.

This RENTAL AGREEMENT is made on the date below by and between MY STACK BOX STORAGE LLC (“Company”) and the undersigned (“Customer”), for the rental of a self-contained portable storage container with the My Stack Box identification number(s) set forth in Exhibit A, which is attached hereto and incorporated herein. Customer’s use of the storage container constitutes Customer’s agreement to be bound by the terms of this agreement, even if Customer does not sign or return this agreement. The container is rented with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder. Customer has inspected the storage container and acknowledges that the container is satisfactory for the intended use by Customer. The container may be used by Customer for storage either at an address designated by Customer in Exhibit A or at Company’s storage property. Customer hereby authorizes Company to enter upon the property designated by Customer in Exhibit A whenever Company deems it necessary to enforce any of Company’s rights covered by this rental agreement or by any Federal, State or Local law. Customer hereby warrants to Company that Customer has ownership of said property or is an authorized agent of the owner of such property, and that Customer has the right and authority to permit Company’s unrestricted entry upon such property as required. Customer shall have access to the storage container at the Company’s storage property only during normal business hours and only by giving 48 hours’ notice. Special arrangements to visit Company’s storage property outside of normal business hours may be arranged by contacting Company. Said special arrangement may or may not be granted solely at Company’s discretion.

1. TERM: The term of this Rental Agreement shall be for 30 consecutive days (herein referred to as "monthly”) beginning as of the date set forth in Exhibit A and shall continue on a month-to-month (30 day) tenancy until terminated. The initial monthly rental and other fees shall be due no later than (1) business day before the scheduled delivery date written above. Customer must pay to Company each monthly rental on the anniversary of the Initial Delivery date without deduction, prior notice, demand or billing statement, in the amount set forth herein. Credit cards shall be charged on the day of the monthly renewal. The minimum rental period shall be 30 consecutive days. Customer will not be entitled to a refund of any prepaid rent under any circumstances, whether or not the storage container continues to be in use by Customer or whether Customer elects to have container picked up by Company prior to the end of any monthly rental period. The monthly rental amount may be increased by Company giving notice to Customer not less than 30 days prior to the effective date of such increase. All terms and conditions of this rental agreement shall remain in full force and effect regardless of any such rental increase.

2. PAYMENT: Credit card was taken at the time the container was booked, and for your security is not printed on this addendum to your rental agreement. Please call My Stack Box if you wish to change your payment method at any point. I authorize My Stack Box Storage LLC to charge the credit card for the MONTHLY RENTAL FEE quoted above, plus additional fees for delivery, pickup, transfer, equipment, packing materials, and any other fee agreed to in the Rental Agreement or as part of any other order or document signed by Customer as incurred for as long as I rent the container. I understand that the initial month’s rental plus delivery fee will be charged to my credit card up to 3 days before the container is delivered and up to 3 days before each monthly renewal. Please note there will be a transportation charge for each delivery, transfer, or pick-up, as quoted at the time of the booking.

3. LATE FEES: All Rents shall be due and payable in advance as defined herein. The monthly rental for the storage container described herein is set forth on the Customer Information last page. A late charge of $25.00 shall be paid by Customer if rent is received by Company later than ten (10) days following due date in any given month. Delinquency by Customer in the payment of rent or other charges due under this Rental Agreement for more than thirty (30) days shall require that Customer pay an additional late payment processing charge of $25 for each month that such payment remains delinquent. Customer accepts responsibility in full for all Company collection costs including but not limited to collection agency fees, attorney fees, filing fees, and court costs. In the event that a lien is commenced by Company, Customer agrees to pay for all costs and expenses including but not limited to a $75.00 lien handling fee, advertising expenses, and mailing expenses, whether the lien sale occurs or not. Furthermore, Customer hereby authorizes Company to charge Customer’s credit card, without Customer’s signature, for any rent or fees due if Customer is delinquent for more than thirty (30) days even if Customer has selected another method of payment. Customer agrees that Company shall not be liable for any charges to Customer’s credit card account provided the charges were made in good faith. Customer will be charged a $35.00 fee for any check returned for insufficient funds. Customer may request a one-time change in the delivery schedule of Customer’s order without any change to fees as set forth in the original order provided that any requested change in delivery date not be less than seven (7) days before the scheduled delivery date written above; any other requested change such as but not limited to time or location may result in a change in the delivery fees first stated on Customer’s order.

4. USE OF CONTAINER: Only personal property owned by Customer shall be stored in the container, and Customer will not store property which is the property of another or in which another has right, title or ownership interest. No perishable goods, hazardous or flammable materials, explosives, fuel, improperly contained food products, illegal substances or other dangerous materials will be stored in the container by Customer. “Hazardous Materials” are defined, for purposes of this Rental Agreement, as any hazardous or toxic chemical, gas, liquid, substance, material, explosive, or waste that is regulated under any local, state or federal law or regulation. Customer shall not use the container to store any personal property or other property in the container which would violate any law or regulation of any government authority. Customer acknowledges and agrees that the container is not intended for or suited to the storage of irreplaceable property, books, records, writings, works of art, heirlooms, precious archives, nor for any other items for which there is no immediate resale market, nor for any objects having emotional value, nor for any records relating to the stored goods. Customer agrees not to store any property in the container of emotional value or that may create emotional distress in the event of its loss under any condition including but not limited to sale at auction due to delinquency of rent or fees due. Customer acknowledges that container is for storage of personal property only and may not be used for human or animal habitation. Customer shall comply with all laws, regulations, rules and ordinances of any government authorities governing the use, location and address of placement of the container at any location other than the Company’s designated storage area. Under no circumstances is the My Stack Box Container to be moved from its original delivery address and specific placement location where the My Stack Box Driver placed it. Furthermore, the container is to be moved only by a My Stack Box employee while at its location. Failure to comply could lead to up to $500 charge and possible further legal action.

5. PACKING AND PACKAGING/MAXIMUM WEIGHT RESTRICTIONS: Customer assumes full responsibility and liability for packing Customer’s property and packing Customer’s property into container and removing property from container. Customer assumes responsibility for securing and tying down property for road transportation. Customer acknowledges that the maximum weight of Customer’s property contained in the container shall not exceed 7,000 pounds. Customer further acknowledges that Company shall not be responsible or liable for any damage to Customer’s property for any reason, whether damage occurs while it is stored at Company or Customer’s designated location, or for damage occurring during moving of container or during over the road transportation, or when container is moved by Company for Customer’s failure to make required payments to Company. Customer agrees that Company shall not be liable for, and that company accepts no responsibility for, any damage to Customer’s property for any reason what-so-ever unless specifically assumed through Contents Protection as defined below. Customer agrees to insure the actual full value of all stored property against any and all loss and/or damage. Customer acknowledges that the maximum weight of Customer’s property contained in the container shall not exceed 7,000 pounds and assumes full responsibility and liability should said weight limit be exceeded without expressed written consent by Company. If you overpack the container and exceed 7000 lbs., the lift system will fail and not allow us to lift your box into the truck for pick up. It is also important that you DISTRIBUTE THE WEIGHT EVENLY in the box, packing from the middle outwards. Otherwise, it can give a false reading on weight. If My Stack Box is unable to lift the loaded box. The customer must immediately unload some of the contents. If the customer still wants the extra items stored and/or moved, a separate container must be delivered another time and you will be charged accordingly. If the driver spends more than 15 minutes due to difficulty lifting the box or waiting for the customer to unload items, there will be a $25 fee per 15-minute interval and the customer will automatically be charged. If the driver is unable to lift the box and must leave the site, the customer will still be charged the transportation fees. If the driver must come back another time to move the box, an additional transportation fee will be charged.

6. CONTENTS INSURANCE: Customer will maintain, at its own expense, adequate container contents insurance covering the contents contained within. Third party insurance coverages must be satisfactory in MSBS insurance agent’s sole discretion. At the request of MSBS insurance certificates evidencing container contents insurance shall be furnished to MSBS. Said insurance shall be maintained by Customer until all Units rented hereunder are redelivered to MSBS.

CUSTOMER ACKNOWLEDGES AND UNDERSTANDS MSBS IS NOT AND WILL NOT INSURE OR GUARANTEE AGAINST LOSS OF CUSTOMER’S PROPERTY STORED IN THE UNIT, AND MSBS HAS NO LIABILITY WHATSOEVER AS TO CLAIMS FOR LOSS OR DAMAGE TO SUCH PROPERTY. CUSTOMER HEREBY WAIVES ANY CLAIMS WHATSOEVER AGAINST MSBS FOR LOSS OF AND DAMAGE TO ANY PROPERTY STORED IN RENTED UNIT.

7. FORCE MAJEURE: Company shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to any circumstances what-so-ever 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.

8. LIMITATION OF LIABILITY: SUBJECT TO CONTENTS PROTECTION ABOVE, COMPANY OR COMPANY’S EMPLOYEES OR AGENTS SHALL HAVE NO RESPONSIBILITY OF ANY KIND TO CUSTOMER OR ANY PERSON OR REPRESENTATIVE OF CUSTOMER OR ANY PERSON OR REPRESENTATIVE OF CUSTOMER FOR ANY LOSS, EXPENSE, DAMAGE, CLAIM, LIABILITY OR INJURY TO PERSONS FROM ANY CAUSE. This Limitation of Liability shall include, without limitation, any cause or act by Company or Company’s agents whether active or passive, or by omissions, negligence or conversion, except for the event of Company’s fraud, willful injury or willful violation of law. Company shall have no liability for any incidental, consequential, special, punitive or exemplary damages even if it has been advised of the possibility of such damages. Customer hereby accepts full responsibility for any site damage that occurs, and does commit to hold Company, its employees, agents or assigns, harmless from any and all claims, obligations, liabilities, liens, judgments, actions, causes of action, lawsuits, damages, costs and expenses, including attorney’s fees and litigation expenses, in any manner whatever for damage to the site or areas leading thereto or any other claims whatsoever arising out of the use or misuse of the container. Customer waives any claim of emotional or sentimental value or attachment to any property stored in the container.

9. INDEMNIFICATION: Customer shall indemnify and hold Company and Company’s employees and agents harmless from any claims, obligations, liabilities, liens, judgments, actions, causes of action, lawsuits, damages, costs and expenses, including reasonable attorney’s fees and litigation expenses, in any manner whatsoever that may arise out of Customer’s use of the storage container or of Company’s designated storage location. Customer acknowledges and agrees that Company and Company’s agents shall have a limitation of liability for any loss from any cause not exceeding a total amount of the rental fee.

10. ACCESS TO CONTAINER AT COMPANY’S DESIGNATED STORAGE: The driver’s license number or other identification acceptable to Company will be used by Company to identify Customer for Customer to gain access to Company’s designated storage location and to the rented container. This identification shall be given by Customer to Company when requesting access or when scheduling a move or delivery of container. Customer agrees that Company shall have the right to refuse access to any person who does not provide the correct access identification. Customer may authorize his representative(s) to have access by notifying Company in advance and providing identification acceptable to Company. Customers are granted 2 free visits to our storage yard per month to access your personal items, each additional visit per month after the 2 free visits will be billed at $25.00 per visit. 24 to 48 hours’ notice is required so we can ensure the container is accessible for double door access.

11. PLACEMENT OF STORAGE CONTAINER: Company will normally attempt to place container on a paved surface or driveway. Customer understands that the designated container “parking” area must have adequate height, depth, width, maneuvering space, accessibility, structural integrity, and ability for safe placement of container. Customer acknowledges that it may be necessary for Company to move vehicle and container on lawn or other unpaved area in order to place container in the parking area designated by Customer. Customer hereby relieves Company from any responsibility for property damage that might be incurred from placement of the container. Customer acknowledges that it may be necessary for Company to refuse to place container at Customer’s designated parking location when Company identifies lack of safe or risk-free conditions, and Customer acknowledges that Company may levy a surcharge for difficult or hazardous placement of container.

12. COMPANY’S ACCESS TO CONTAINER: Upon the receipt of one (1) day advance notice using any legally accepted method such as but not limited to phone, email, hand-delivered, or air-mail Customer shall provide Company, Company’s agents, police, fire officials or other government authorities access to the container. Should Customer refuse or fail to provide access as required, or in the event of emergency or default of any of Customer’s responsibilities hereunder, Company, Company’s agents or any government authority shall have the right to remove Customer’s locks and enter the container to examine the container and its contents or to make repairs or alterations or take such action as appropriate to comply with any city, state or federal law or regulations governing hazardous materials, toxic or chemical substances or waste, or to enforce any of Company’s rights. In the event the container has been damaged or the Company’s designated storage location injured in any manner arising from the deliberate or negligent acts or omissions of Customer, all expenses incurred upon Company to make repairs including any expenses to cover investigations of site conditions, or work to clean up, remove or restore container or comply with any applicable law or regulation shall be paid by Customer as additional rent and shall be due upon demand by Company.

15. LOCK: A lock suitable to secure container shall be provided by Customer at Customer’s own expense. Company shall not receive from Customer any combination or keys to such lock. Company may provide Customer with locks at an additional rental fee but will not retain nor accept copies of the keys. Customer must return all rented locks and all keys in original and working condition upon expiration or termination of this Rental Agreement to avoid an additional charge.

16. ALTERATIONS, MODIFICATIONS AND MOVEMENT: Customer shall not make any alterations, modifications or attachments to container without the prior written consent of Company. Customer shall not move container from the location where it is placed by Company without the prior consent of Company in writing.

17. NO WARRANTIES BY COMPANY: No warranties whether expressed or implied are made by Company to Customer. There is no warrant of merchantability or warranty that goods be fit for a particular purpose. The container is being rented “as is.” Further, Company makes no guarantees or representations regarding the condition, safety, security or nature of the container or the Company’s designated storage location. Customer hereby acknowledges that he has inspected the container and hereby acknowledges and agrees that this Rental Agreement does not create any duty, contractual or otherwise, by Company to create or maintain any such safety or security.

18. COMPANY REMEDIES UPON EVENT OF DEFAULT: In the event of any default by Customer, described as but not limited to abandonment of the storage container or property contained, failure to pay any rent or fee due or any portion thereof as required under this Rental Agreement, or failure to comply with or abide by any term, condition, provision, or covenant of this Rental Agreement, or as described in any other provision of this Rental Agreement, Company shall have the right, at its election, at that time or at any time while such default continues, to terminate this Rental Agreement by giving notice to Customer, in which case Customer shall immediately surrender container to Company. Should Customer refuse or fail to surrender container to Company, Company may enter upon Customer’s property and take possession of container, and Customer’s property stored in the container, and expel or remove Customer without being liable for prosecution or any claim of damages therefore. Customer hereby agrees to pay Company on demand for the amount of all loss and damage which Company may incur by reason of termination, whether because of inability to re-let the container on satisfactory terms or otherwise. Company’s application of the remedies hereto shall not preclude Company from Company’s right to seek any other remedies provided for under the applicable state laws or under this Rental Agreement.

19. TERMINATION BY CUSTOMER: Customer may terminate this Rental Agreement at the expiration of any term by giving not less than seventy-two (72) hours’ notice to Company. However, Customer hereby acknowledges that the minimum rental term for the container is 30 consecutive days. No refund of rents shall be made should Customer elect to terminate this Rental Agreement prior to the end of this minimum rental period.

20. TERM INATION BY COMPANY/DEFAULT BY CUSTOMER: Company may terminate this Rental Agreement at the expiration of any rental term. For month-to-month contracts, Company may terminate this Rental Agreement as of the last day of the rental month by giving written notice to Customer not less than fifteen (15) days before the end of such rental month. Further, Company may terminate this Rental Agreement upon any default by Customer on occurrence of any of the following events: (i) Customer shall fail to pay any installment of the rent required by the Rental Agreement (ii) Customer shall fail to comply with any of the terms, provisions, covenants or requirements of this Rental Agreement between Company and Customer, other than rent, and fail to cure such failure within ten (10) days after the written notice thereof to Customer by Company; (iii) Customer shall abandon the container. In the event Customer defaults under any of its obligations under this Rental Agreement, Company may pursue any remedies available under this Rental Agreement or applicable law. In the event of Customer’s default, Company may seek all costs and damages against Customer including reasonable attorney’s fees.

21. NON-WAIVER: Company’s decision to pursue any right or remedy under this rental Agreement, the law, regulations or otherwise shall not prevent Company from pursuing any other remedy available under this Rental Agreement, law, regulation or otherwise.

22. CONDITION OF CONTAINER AT TERMINATION: Customer shall remove all of Customer’s property from the container upon termination for any reason, unless such property is subject to Company’s lien rights described herein, and shall immediately deliver container to Company in the same condition as when delivered to Customer by Company at the beginning of this Rental Agreement, reasonable wear and tear excepted. Container should be clean of trash and debris, and returned in same cleaned condition (broom swept) as when received. If Company is required to clean container, a cleaning charge of $150.00 will be added in addition to any other charges. Customer shall return upon expiration or termination of Rental Agreement all property rented to Customer by Company to include but not limited to locks, keys, or portable lights. Customer agrees that no fees for any rented items will be refundable in full or in part under any circumstance.

23. PERSONAL PROPERTY IN CONTAINER AT TERMINATION: Customer agrees that any personal property left in the container shall be deemed abandoned by Customer, and Customer authorizes Company to remove any personal property left in the container and either dispose of it or retain such property as collateral for payment of the removal charges and other amounts due Company, including rental fees. Customer shall release and hold harmless Company from and against all claims, obligations, liabilities, liens, judgments, actions, causes of action, lawsuits, damages, costs and expenses, including attorney’s fees and litigation expenses, in any manner whatever that may arise out of Company’s retention of personal property left in the container at termination. Nothing herein shall be construed as imposing a duty upon Company to store or safeguard Customer’s property.

24. COMPANY’S LIEN: CUSTOMER HEREBY GRANTS TO COMPANY A CONTRACTUAL COMPANY’S LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE CONTAINER OR AT COMPANY’S DESIGNATED STORAGE LOCATION, TO SECURE THE PAYMENT OF ALL RENTS OR OTHER CHARGES PAYABLE BY CUSTOMER UNDER THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT. SAID COMPANY’S LIEN SHALL NOT LIMIT OR PRECLUDE CUSTOMER FROM ANY OTHER LIENS OR REMEDIES PROVIDED BY LAW TO SECURE AND COLLECT RENT, INCLUDING THE LIEN AS SET FORTH IN APPLICABLE STATE STATUTES, AND CUMULATIVE THEREWITH. SHOULD CUSTOMER DEFAULT IN THE PAYMENT WHEN DUE OF ANY INSTALLMENT OF RENT OR OTHER CHARGES DUE AND PAYABLE IN ACCORDANCE WITH THIS RENTAL AGREEMENT, COMPANY MAY SEIZE AND DISPOSE OF CUSTOMER’S PROPERTY AGAINST WHICH A LIEN IS ATTACHED UNDER APPLICABLE STATE STATUTES, WHICH PROVIDES THAT SUCH PROPERTY WILL BE ADVERTISED FOR SALE BY NEWSPAPER PUBLICATION OR BY POSTING, AND BE SOLD TO THE HIGHEST BIDDER AT PUBLIC SALE AT THE COMPANY’S DESIGNATED STORAGE LOCATION OR AT A PUBLIC PLACE REASONABLY NEARBY, AFTER DELIVERY OF WRITTEN NOTICE OF COMPANY’S CLAIM TO CUSTOMER IN ACCORDANCE WITH THE NOTICE REQUIREMENTS CONTAINED IN APPLICABLE STATE STATUTES AND CONTINUATION OF THE DEFAULT UNTIL THE 15th DAY AFTER THE DATE OF DELIVER OF SUCH WRITTEN NOTICE TO CUSTOMER AND THEREAFTER PUBLICATION OF THE ADVERTISEMENT OF SALE WAS PUBLISHED OR POSTED. THE PROCEEDS FROM ANY SUCH SALE, LESS ANY EXPENSES CONNECTED WITH THE HOLDING AND SELLING OF THE PROPERTY INCLUDING REASONABLE ATTORNEY FEES AND OTHER EXPENSES, SHALL BE APPLIED AS CREDIT AGAINST THE INDEBTEDNESS SECURED BY THE LIEN. NOTICE SHALL BE DELIVERED TO CUSTOMER OF ANY SUCH SURPLUS OR DEFICIENCY, AND ANY SUCH SURPLUS SHALL BE DISPOSED OF AS REQUIRED BY LAW, AND CUSTOMER SHALL PAY ANY DEFICIENCY FORTHWITH. FOR THE PURPOSES HEREOF, ANY NOTICE REQUIRED TO BE DELIVERED TO CUSTOMER BY COMPANY SHALL BE DEEMED TO HAVE BEEN DELIVERED WHEN RECEIVED, IF DELIVERED IN PERSON, OR WHEN SUCH NOTICE IS ADDRESSED AND MAILED TO CUSTOMER POSTAGE PREPAID, RETURN RECEIPT REQUESTED, AND DEPOSITED IN A REGULARLY MAINTAINED RECEPTACLE FOR THE U.S. POSTAL SERVICE, TO THE ADDRESS PROVIDED BY CUSTOMER IN THE RENTAL AGREEMENT OR AT SUCH OTHER ADDRESS AS CUSTOMER SHALL HAVE NOTIFIED COMPANY BY GIVING WRITTEN NOTICE TO COMPANY AT THE ADDRESS SPECIFIED FOR COMPANY IN THIS RENTAL AGREEMENT. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO CUSTOMER’S PROPERTY FOR ANY REASON WHETHER OCCURRING DURING OVER THE ROAD TRANSPORTATION WHEN THE CONTAINER IS MOVED BY COMPANY FOR FAILURE OF PAYMENT BY CUSTOMER OR IN ANY OTHER MANNER.

25. RELEASE OF INFORMATION: Company is hereby authorized by Customer to release any information regarding Customer and Customer’s tenancy as required by law or requested by police or other governmental or law enforcement agencies or courts. Customer understands and agrees that telephone calls with Company or its agents may be recorded. Customer further agrees that contact information provided by Customer may be used by Company for automated and/or prerecorded calls as well as air and electronic mailings.

26. NOTICES: Any notices or demands required to be given under the terms of this Rental Agreement, except as otherwise specifically provided, may be (i) personally served, or (ii) may be served by first class or certified mail, with postage prepaid and deposited in a U.S. Postal Service mail receptacle, or (iii) served via any priority overnight mail service. Notices must be addressed to the party to be served at the address provided for in this Rental Agreement.

27. CHANGE OF ADDRESS: Customer shall give notice to Company of any change of address different from the address provided in Exhibit A attached hereto within ten (10) days of the change, providing current address and telephone numbers.

28. ASSIGNMENT: Customer shall not subject or assign the container or any portion thereof without the prior written consent of Company. Company may assign or transfer this Rental Agreement without the consent of Customer, and by such assignment or transfer, Company shall be released from all obligations under this Rental Agreement occurring after such assignment or transfer.

29. TIME AND SUCCESSION: Time is of the essence of this Rental Agreement. All of the provisions of this Rental Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.

30. CONSTRUCTION: This Rental Agreement shall be governed and construed in accordance with local and state laws. Whenever possible, each provision of this Rental Agreement shall be interpreted in such manner as to be effective and valid under applicable law. However, if any provision of this Rental Agreement shall be invalid, unenforceable, or prohibited under such applicable law, such provision shall be ineffective only to the extent of such enforcement limitation, prohibition, or invalidity without invalidating the remainder of such provision or the remaining provisions of this Rental Agreement. Customer expressly agrees that MY STACK BOX STORAGE LLC is a Florida company. Any and all actions to be brought under this agreement shall be brought in the Supreme Court, State of Florida, County of Broward, and the provisions of Florida law shall apply.

31. LOCAL ORDINANCES AND REGULATIONS: Customer’s use of container is subject to local, county, city, state and federal ordinances, rules and regulations including deed and homeowner restrictions. Customer assumes full responsibility for any fines or penalties, monetary or otherwise, resulting from Customer’s use of the container. If the container is required to be moved by a governing agency or authority from Customer’s property or assigned location for the container, Company will attempt to notify Customer of such requirement. Customer hereby gives to Company full authority to comply with governmental requirements and absolves and holds Company harmless for any resulting damage to Customer’s property. If Customer is renting or leasing the property where the container is located, other than property owned by Company, and the landlord of the property requests that the container be moved or relocated, Customer hereby gives Company full authority to comply with landlord’s request, and absolves and holds Company harmless from any liability for any resulting damage to Landlord’s or Customer’s property.

32. JURY TRIAL WAIVER: Customer agrees to waive their rights to a jury trial for any and all claims made against or by Company.

33. NOTICE OF CLAIMS: Customer understands and agrees that Customer is required to notify Company of all claims the sooner of no later than sixty (60) days from the initial discovery of the claim or sixty (60) days after the expiration or termination of this Agreement. Failure to report claims within the aforementioned time limits will result in the forfeiture of said claim.

34. DAMAGE WAIVER: Customer acknowledges and agrees to be responsible for all damage to the container for any reason whatsoever that is incurred while this rental agreement is in force.

35. ENTIRE AGREEMENT: This Rental Agreement, including the attached and incorporated Exhibit A, sets forth the entire agreement between the parties hereto and supersedes any and all prior agreements or understandings with respect thereto. There are no representations, agreements or warranties by or between the parties which are not fully set forth herein and no representative or agent of Company or Customer is authorized to make any representations, agreements, or warranties other than expressly set forth herein. This Rental Agreement may only be amended by writing agreed to and executed by the parties hereto. No alteration to this agreement shall be binding upon Company in any way unless initialed by authorized Company representative. Customer agrees that the terms and conditions of this Rental Agreement shall apply to all orders and govern all orders by Customer whether or not a separate and individual contract is signed. All provisions, provision sections, and provision details of this Rental Agreement that are not present or specifically altered in any more recent separate and individual signed contract shall still apply.

36. AUTHORITY TO SIGN: Any individual signing this Rental Agreement represents and warrants that he or she is of legal age, and has the authority and power to sign this 

37. CONTAINER DAMAGE WAIVER: This contract offers, for an additional charge, the option to waive your liability for damage or loss to the rented My Stack Box Container. This waiver is optional and may be declined. You are advised to carefully consider whether purchasing this waiver. Homeowners/Renters insurance may not cover the damage to the rented units. This optional Container Damage Waiver waives your liability for damages to the Container itself. Your liability is NOT WAIVED for these events: intentional acts, flood, animals, nuclear, earthquakes, wear & tear, rodent damage, government actions or seizures and loss of use*. This optional Waiver DOES NOT cover customer’s contents while in the Container on the customer’s property or any other location other than what is expressed in covered section. CLAIMS: You agree that you will notify My Stack Box of any and all claims no later than 30 days from the initial discovery of the claim or default and file an action against My Stack Box within 3 months thereafter. The failure to do so will result in the loss of said claim. LOSS OF USE: The customer is responsible for the cost of the damage to have the unit repaired along with the loss of use charges per day (see schedule below) or the cost of the entire unit at a total loss.  THE PROPERTY COVERED BY THIS AGREEMENT IS NOT INSURED BY MY STACK BOX FOR YOUR BENEFIT AGAINST THEFT, FIRE, FLOOD OR ANY OTHER CASUALTY. You, as Tenant, agree to insure the actual full value of the stored property or you may choose to obtain supplemental insurance from your homeowner or renter’s carrier. To the extent you do not obtain insurance, you may be in violation of this Agreement and you waive any and all claims against My Stack Box. Customer will maintain, at its own expense, adequate container contents insurance covering the contents contained within the rented container. Third party insurance container contents insurance coverage must be satisfactory to My Stack Box in its insurance agent’s sole discretion. At the request of My Stack Box, insurance certificates evidencing container contents and shall be furnished to My Stack Box. Said insurance shall be maintained by Customer until all containers rented hereunder are redelivered to My Stack Box. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS MY STACK BOX IS NOT AND WILL NOT INSURE OR GUARANTEE AGAINST LOSS OF CUSTOMER’S PROPERTY STORED IN THE UNIT, AND MY STACK BOX HAS NO LIABILITY WHATSOEVER AS TO CLAIMS FOR LOSS OR DAMAGE TO SUCH PROPERTY. CUSTOMER HEREBY WAIVES ANY CLAIMS WHATSOEVER AGAINST MY STACK BOX FOR LOSS OF AND DAMAGE TO ANY PROPERTY STORED IN RENTED UNIT. My Stack Box does NOT include container damage liability waiver or contents insurance for items contained in each rented portable storage container. Customer may obtain container contents insurance coverage from any insurance provider of Customer’s choice in accordance with the terms noted above, or Customer may elect to obtain container contents insurance from the Program set forth below and offered in the insurance information brochure available from Lessor. Customer acknowledges that the actual container contents insurance coverage in the policy may contain exclusions not described in the information provided by Lessor. Customer may OPT TO PROVIDE MY STACK BOX WITH EVIDENCE OF IN-PLACE CONTENTS INSURANCE COVERAGE FOR CONTENTS CONTAINED IN THE RENTED MY STACK BOX STORAGE CONTAINER. Evidence of contents insurance coverage must be sent to My Stack Box 3 BUSINESS DAYS from date of container delivery. Should proof of insurance NOT be received on or before the fifth business day, Customer will AUTOMATICALLY BE ENROLLED in the minimum Storage Protectors Program. 

38. STORAGE PROTECTORS CONTENTS INSURANCE PROGRAM underwritten by Chaucer Insurance DAC. and administered by Carstin Insurance Partners, a licensed agent, AZ License No. 1800003983. Coverage is on a per container basis and is for goods contained in the rented Container. Covered causes and losses include burglary, fire or lightning, sonic boom, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, sinkhole collapse, falling objects, weights of snow, ice, or sleet, and water damage. Flood coverage is not provided. The policy contains exclusions, limitations, definitions, and conditions. Coverage is in effect only in the event you pay the monthly cost listed below and you continue to pay monthly through the duration of your agreement. I understand a portion of the cost I pay is applicable to the container company’s expense in collecting, accounting, and remitting payment to the Insurance Company. Tenant may purchase container contents insurance coverage as set forth below for the items contained in the rented portable storage container(s). Tenant acknowledges that Lessor is not responsible for any loss of, or damage to any of Renter’s property stored in the Container(s) and waives all claims against Lessor for such. The Storage Protectors Container Contents Insurance Program is underwritten by Chaucer Insurance DAC. and administered by Carstin Insurance Partners, a licensed agent, AZ License No. 1800003983.

Neither My Stack Box or its employees are an insurance agent. ENROLLMENT DISCLOSURE SUMMARY OF COVERAGE The following summary describes your coverage and contains information about what to do if you have a loss, how claims are filed, how settlement may be made, what conditions are necessary (such as what you have to do and when), and how and when coverage may be terminated or cancelled. This summary is not an insurance policy. Contact the Agent shown on the Certificate of Property Insurance with questions relating to this coverage. Definitions: The term 'you' and 'your' refer to the Certificate Holder indicated on the Certificate of Property Insurance. The term ‘we’ and ‘our’ refer to the insurance company. Insurance is underwritten by Clear Spring Property and Casualty. Who is Covered: You as the certificate holder who has purchased coverage under the storage company's Commercial Inland Marine Self Storage and Container Storage Program. Coverage Term: Coverage term is shown on the Certificate of Property Insurance you will receive from the Program Administrator and is provided on a month-to-month basis as long as you pay your premium when due. If you do not pay your premium when due, or within 30 days of its due date, coverage will automatically terminate without notice.

What is Covered: Your personal property, while it is in your self-storage unit or storage container, against the following:

1. The following are Covered Causes of Loss. Covered Causes of Loss means direct physical loss or damage to property covered. 

A. Fire; lightning; sonic boom; explosion; windstorm; hail; smoke; aircraft; vehicles; riot; civil commotion; vandalism; sinkhole collapse. 

B. Falling objects, provided the building or container is first damaged by such falling objects; weight of ice, snow, or sleet; collapse of buildings or any part thereof.

C. Water Damage: The term 'Water Damage' means sudden or accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 

2. The following are Additional Coverages:

A. BURGLARY: The term "Burglary" means the unlawful taking of property from inside a locked storage unit or container provided there is evidence of forcible entry or exit, or evidence of a cut lock. The mere absence of a lock or padlock does not constitute visible marks of forcible entry. You or the facility owner must immediately report loss under this coverage to the appropriate law enforcement authority. Theft or unexplained disappearance is not covered unless caused by “Burglary".

B. PROPERTY IN TRANSIT: Direct physical loss or damage to Covered Property while in transit to or from a scheduled premises leased by you and within 100 miles of this scheduled premises which is caused by or resulting from the following: fire; lightning; explosion; windstorm or hail; riot or civil commotion; vandalism; vehicle collision; upset or overturn of a vehicle or trailer upon which it is being transported; or theft of an entire storage unit. Voyages over 100 miles may be covered but subject to additional premium.

C. RENTAL CHARGES: The most that will be paid under this additional coverage is up to 2 months of the rental charges for your unit in the event you suffer a loss to your property by a Covered Cause of Loss. 

D. DAMAGED PROPERTY: The most that will be paid under this additional coverage is $500 for removal and disposal of damaged property in the event of a covered loss. 

E. REPLACEMENT LOCK: The most that will be paid under this additional coverage is $100 for a replacement lock in the event the lock registered on the enrollment form, is damaged and not usable. 

Payment under these additional coverages will not increase the applicable Limit of Insurance.

What Are The Coverage Limits: The most the insurance company will pay for any loss is the amount shown on the Certificate of Property Insurance, provided by the Program Administrator, for the type of coverage.

Deductible: We will pay for personal property losses in excess of the deductible indicated on the Certificate of Property Insurance.

What Is Not Covered: 

1. We will not pay for loss or damage to any of the following: accounts; bills; currency; data; documents; records; deeds; evidences of debt; money; notes; securities; stamps; animals; birds; fish; aircraft; firearms; furs; fur garments or garments trimmed with fur; jewelry; watches; precious or semiprecious stones; bullion; gold; goldware; gold plated ware; silver; silverware; platinum or other precious metals or alloys; photographic equipment; property while in the custody of other bailees; contraband or property held for or in the course of illegal transportation, sale, or trade; valuable papers and records including those that exist as electronic data and photographs; property in storage units to which the lessor has begun lien enforcement actions; property outside of storage units or containers; vehicles, trailers, boats or recreational vehicles. 

2. We will not pay for loss or damage to personal property caused by or resulting from any of the following: 

A. Earth Movement including earthquake, landslide, or earth sinking, rising or shifting.

B. Water Damage including Flood, mudslide, sewer back up, or water under the ground surface.

C. Rain, snow, sleet, ice, hail or dust, (whether or not driven by wind) to property in the open or not in a fully enclosed Storage Unit.

D. Mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health.

E. Wear and tear, any quality in the property that causes it to damage or destroy itself, gradual deterioration, insects, vermin or rodents. However, RODENTS OR VERMIN DAMAGE:  25% of the Amount of Insurance under this policy but not more than $500 for direct physical loss of or damage to the insured property caused by rodents or vermin. 

F. Storage, Handling, or Transportation of Flammable or Combustible Agents.

G. Artificially generated electric current creating an electric disturbance (including arcing) within Covered Property. But we will pay for direct physical Loss caused by a resulting fire or explosion if that Loss would otherwise be covered.

H. Delay, loss of use, loss of market, or any other consequential loss. 

I. Dishonest acts by you or by anyone else to whom the property is entrusted for any purpose (other than a carrier for hire). This exclusion applies whether or not such persons are acting alone or in collusion with other persons. 

J. Shortage found upon taking inventory, unexplained loss, or mysterious disappearance.

K. Processing or work performed on Covered Property. But we will pay for direct physical Loss or damage caused by fire or explosion resulting from such processing or work, if that Loss would otherwise be covered under this Policy.

L. The cost to research, replace or restore converted data, programs, or instructions, used in any data processing operation, including the media or materials on which the data, programs, or instructions are recorded.

M. Mechanical breakdown or failure of Covered Property;

N. Faulty, inadequate or defective design, specifications, repair, materials, or maintenance of Covered Property.

O. Weather conditions. This exclusion applies only if weather conditions contribute in any way with a cause or event excluded above to produce the Loss.

P. Governmental Action; Nuclear Hazard; War and Military Action.

When Coverage Starts and Stops:

1. Coverage begins after you have completed and signed the participation form, and/or paid your first month's premium. 

2. The insurance covers your property only in your leased self-storage unit or container or while in transit (per the TRANSIT coverage described above). 

3. Coverage stops when:

A. You cancel coverage, in writing, with the Program Administrator or the storage facility. You may cancel coverage any time you replace this coverage with other insurance; or

B. Thirty (30) days after you fail to pay premium when due; or 

C. The insurance company cancels coverage.

What You Have To Do When There Is A Loss: 

Visit Storage Protectors’ website at www.storageprotectors.com to start the claims process by clicking the File a Claim Button 

1. You must promptly report any losses under this coverage to the Program Administrator.

2. You must assist the Program Administrator in processing the claim by providing:

A. Complete and signed Claim Forms and Proof of Loss forms within 60 days after our request.

B. All requested supporting documentation including all receipts and records needed to prove the loss. 

C. Cooperation with the Program Administrator in the investigation or settlement of the loss. 

D. Access and permission to the Program Administrator to inspect the damaged property before it is disposed or repaired. 

The Program Administrator provides you a Claim Form at www.storageprotectors.com. This form contains all the necessary information to file a claim. You can also report a loss or get information about your claim from the Program Administrator's Claim Department, Synergy Adjusting Corporation 800-994-9719, between 8:00 a.m. and 5:00 p.m. Monday through Friday, Eastern (except for legal holidays).

Valuation: The value of the insured property will be determined at the time of loss or damage and will be the least of the following amounts: the actual cash value of that property; or, the cost of repairs to that property; or, the cost of replacing that property with other property of like kind and quality.

Direct all insurance related questions and requests to:

Carstin Insurance Partners., AZ License No. 1800003983

Office: (833) 659-7867  (833)-StorPro, Email: SP-questions@carstin.com

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