NOTICE OF LIEN: PURSUANT TO THE MONTANA SELF-STORAGE FACILITIES ACT 70-6-601 ET SEQ THE OPERATOR OF A SELF-STORAGE FACILITY HAS A LIEN ON ALL OF RENTER’S PERSONAL PROPERTY LOCATED AT THE SELF-STORAGE FACILITY FOR RENT, LATE FEES, LEGAL FEES, LABOR, OR OTHER CHARGES INCURRED PURSUANT TO THE RENTAL AGREEMENT AND FOR EXPENSES REASONABLY INCURRED FOR PRESERVATION, SALE, OR DISPOSITION OF THE PERSONAL PROPERTY.
THE PERSONAL PROPERTY STORED IN THE LEASED SPACE MAY BE SOLD TO SATISFY THE LIEN IF RENTER IS IN DEFAULT.
“TERMS AND CONDITIONS” OF THIS RENTAL AGREEMENT: Date: _______________________
Name (the “Renter”):
Address:
Email Address:
Telephone No.:
Date of Birth:
Driver’s License State of Issue and Number:
Provide the name, address and phone number of an alternate person to whom the notices required to be given under The Montana Act can be sent or who may be contacted if Operator is unable to contact the Renter or in the event Renter is in Default (“Alternate Contact”). (If no one write “none”). Do not name someone who lives with Renter:
Name:
Address:
Telephone No:
Email:
Operator may also contact such Alternate Person in event of casualty (fire, accident or damage, etc.) or if Operator is unable to reach Renter.
Unit Type:
☐ Enclosed Storage Unit ☐ Outdoor Parking Space
Monthly Rent:
Security Deposit:
First Month of Rent (Prorated):
2nd Month (Paid in advance if after the 19th):
Leased Space No. (the “Leased Space”):
Total Paid at Signing:
The description of the Leased Space is for identification purposes only, there shall be no adjustment in the Rent payable hereunder and the Rental Agreement shall remain in full force and effect if the Leased Space actually contains more or less square feet than set forth herein and no refund is due if the Leased Space contains less square feet than stated. Renter is renting the Leased Space by the entirety of the Space not by the square foot.
NOTICE TO RENTER: DO NOT SIGN THIS RENTAL AGREEMENT BEFORE RENTER READS IT, FULLY UNDERSTANDS, AND AGREES TO ABIDE BY THE TERMS, COVENANTS AND CONDITIONS HEREIN. THIS RENTAL AGREEMENT IS TEN (10) PAGES LONG.
RENTER MUST PROVIDE NOTICE OF INTENT TO VACATE AT LEAST FIVE (5) DAYS BEFORE THE END OF THE MONTH.
Is Renter in, or a Spouse/Dependent of, someone in Active-Duty military service, including the Reserves, National Guard, Uniformed Services, or employed by NOAA or National Institute of Public Health Service?
☐ Yes ☐ No
If Yes, Who?
Military ID #:
If Yes, Commanding Officer Name and Phone Number:
Titled Vehicle Stored? (if YES, Vehicle Addendum is required) Please see: https://sites.google.com/aaabelgradestorage.com/vehicleaddendum/home
☐ Yes ☐ No
1. Month to Month Term and Renewal: This Rental Agreement for the lease of a self-service storage space (the “Leased Space”) from AAA Belgrade Storage (the “Operator” or the “Facility”) and the Renter listed above in the Terms and Conditions shall be on a month-to-month basis and shall automatically renew for successive one month periods on the First day of each month hereafter unless terminated, as provided for in Provisions 5, 21 or 22. Operator may increase Rent or other fees and charges for the Leased Space with more than Thirty (30) days advance written notice to Renter. A One (1) full month minimum rental is required. Rent is non-refundable.
2. Rent is Due on the First Day of Each Month: Monthly Rent, in the amount stated above in the Terms and Conditions and Additional Rent defined as, including but not exclusively, Default charges, clean up charges, disposal, damages to the Leased Space or Facility, and other unpaid fees or charges (collectively “Rent”), shall be payable monthly to Operator in advance, without demand or notice, on the First Day of each month including any extensions or renewals. If this Rental Agreement is executed on a day other than the First of the month, Renter has paid prorated Rent to the First of the next month and if the Rental Agreement is executed after the 19th of the month, Renter has also paid a full month of Rent, the “Initial Term”. All renewals and extensions along with the Initial Term are collectively the “Term”. Renter agrees to pay Rent:with a credit/debit card. It is expressly agreed that Operator does not send monthly invoices. Renter shall not fail to pay Rent because Renter does not receive an invoice. All payments received will be applied first to fees and charges due and owing, then to the oldest outstanding Rent obligation. All delinquencies after Renter is Forty Five (45) days delinquent, may be required to be cured by cashier’s check, certified check, MoneyGram, or money order in hand to the Operator’s Representative, at the Facility Office during posted business hours only.
3. Credit/Debit Card for Payment of Rent and Other Charges: By providing credit/debit card information to Operator, Renter has authorized Operator to automatically charge or debit the credit/debit card (which is owned by the Renter or upon which Renter has authority to charge) on the First day of the month, or as soon as reasonably practicable thereafter, in the amount stated in the Terms and Conditions as Rent and Additional Rent for each month Renter continues to occupy the Leased Space. This authorization shall continue and include any increases in Rent and other charges assessed to the Renter. In any circumstance, in the event Renter terminates this authorization or terminates the Rental Agreement owing any Rent, Additional Rent, or other charges due, Operator may charge/debit the credit card listed, any sum due and owing upon said termination including, but not exclusively, damages to the Leased Space or Facility, any Default charges, clean up charges, and disposal charges. The authorization to charge/debit Rent or other charges shall survive if any sums are due and owing at the time of the termination of the charge/debit authorization or the termination of the Rental Agreement. It is Renter’s responsibility to notify Operator of any new or updated account information if the credit card information changes (including updating an expiration date on a credit card.) Renter shall be charged late fees and other Default charges if the credit card payment is not approved by Renter’s bank/credit card provider.
4. Security Deposit: Operator acknowledges receipt of the Security Deposit, if any, as specified above which shall secure Renter’s performance of all terms of this Rental Agreement. Renter agrees that Operator need not segregate the Security Deposit from other funds and that no interest will be due Renter for the period during which the Security Deposit is held. The Security Deposit shall be returned to Renter within Thirty (30) days of termination, if Renter gives proper notice as described in Provisions 5 and 22, less all charges for cleaning, repairing or otherwise preparing the Leased Space for rental to others. Operator may also deduct from the Security Deposit any unpaid Rent, damages, charges, costs, or expenses due to Operator.
5. Termination: Renter may terminate this Rental Agreement at any time if all Rent and charges are paid in full through the end of the Term (the end of the month) and Renter notifies Operator of Renter’s intent to vacate at least Five (5) days before the end of the Term. Operator may terminate this Rental Agreement by giving Renter Thirty (30) days written notice prior to the end of the Term. Operator may give shorter termination notice for illegal activity by Renter, or Renter’s guests at the Facility, or if Renter’s Leased Space becomes infested or if Renter or Renter’s guests are interfering with the operation of the Facility, or if Renter or Renter’s guests are residing in the Leased Space. No refunds of partial months are made if Renter vacates the Leased Space before the end of the Term. The Leased Space shall be left broom clean, free of trash, Renter shall remove all Personal Property (or Rent will continue to accrue), and the Renter’s lock must be removed. Keeping Renter’s lock on the Leased Space or keeping any Personal Property in the Leased Space past the end of any Term shall result in another month of Rent being charged, no matter how early Renter vacates in the next Term. Renter shall fully vacate by the date stated in Renter’s or Operator’s Notice. Operator charges and Renter is responsible for a Fifty Dollar ($50.00) per person, per hour charge for cleaning the Leased Space, minimum one (1) hour, plus costs including any disposal fees, if Operator must remove Personal Property and/or clean the Leased Space.
6. Other Charges and Fees: Renter is in Default if Rent is not paid by the First of each month, and any Rent accepted thereafter shall be at the sole discretion of the Operator. If Renter is in Default, the following fees shall be charged.
Default Fees
Late Fee (on the 2nd day after Rent is due): $20.00 or 20% of the monthly rent (whichever is higher)
Notice of Default: $5.00
Lock Cut/Inspection/Valuation/Photos: $350.00
Final Notice of Sale: $5.00
Advertising of Sale: Actual Cost
Sale Fee: 10% of sale proceeds
Lien Sale Cancellation Fee: $20.00
Towing of Vehicle in Lieu of Sale: $200.00
Other Charges and Fees
Credit Card declined or disputed: $30.00 + Applicable late fees + bank charges
Cleaning Fee (1 hour minimum): $50.00 per hour/per person + disposal fees
Overlock Fee (Not utilizing disc locks, no locks on unit, account is in default): $50.00
Lock Cut Fee (at Renter’s Request) RENTER MAY NOT CUT THEIR OWN LOCK
$275.00 for Standard Service (within 72 business hours) including a new set of 2 locks.
$500.00 for After Hours or Weekend Service- including a new set of 2 locks.
Eviction Notice/Filing Fee in Lieu of Sale: $250.00 + court costs + attorney fees
7. Use of Leased Space and Prohibited Storage: Operator is not a warehouseman engaged in the business of storing goods for hire. Operator shall have no obligation to exercise any care, custody or control over Renter’s Personal Property. No bailment of Personal Property by Operator is intended or implied by this Rental Agreement. The Leased Space shall be used and occupied only for the storing of Personal Property owned by Renter. All Personal Property stored by Renter within the Leased Space shall be at Renter’s sole risk. Renter waives any claim for emotional or sentimental attachment to Renter’s Personal Property. No Vehicles shall be parked in the drive aisles, except to load and unload. Renter shall keep the Leased Space in a clean and sanitary condition and free of rubbish, liquid waste or refuse. Renter shall not make any additions or modification to the Leased Space and shall not drill into or attach anything to the walls, floor or ceiling of the Leased Space and shall not commit waste in the Leased Space. Firearms and ammunition are prohibited in the Leased Space or at the Facility. Contraband of any kind is prohibited in the Leased Space or at the Facility. No Personal Property shall be stored which can be affected by fluctuations in temperature or humidity in the Leased Space. The Leased Space is to be used only for storage of Personal Property, not for exhibition, rehearsal Leased Space, for an audience, or any other activity that is not related to storage of Property. Renter shall not use the Leased Space for the operation of any commercial, industrial, manufacturing or distribution business. Renter shall not use the Leased Space for the use or storage of any food (without Operator’s written approval); animal feed (including seed); store or release any explosives; fireworks; highly flammable, dangerous, hazardous or toxic materials or substances (as defined below); noxious smelling items; items which emit a foul odor when exposed to moisture or are damaged by moisture; contraband or illegal substances; or for any unlawful purpose of any kind. Renter shall not engage in any activity in the Leased Space which produces or releases such prohibited materials. The storage and charging of lithium batteries is prohibited. Renter shall not use the Leased Space for storage of any fuel or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories, except for such fuel, oil, grease, or other lubricant as may be contained in the operating parts of the items stored in the Leased Space and in such case Renter shall store the Personal Property with less than 1/8 tank of fuel in the tank and a drip pan or absorbent pad designed to absorb petroleum products under said item to retain any leaking fluids. No propane or empty propane canisters may be stored in the Leased Space. No fuel canisters shall be stored in the Leased Space. A Vehicle Storage Addendum must be completed, accepted, and executed by Operator for any “titled” vehicle stored in the Leased Space. Renter shall not live or sleep in the Leased Space or Facility, nor shall animals be permitted to be stored in the Leased Space or Facility. Renter shall not use the Leased Space or Facility for the purpose of establishing or assigning a legal address in order to obtain an occupation license or other governmental permit, or business license, nor as a legal address for residential purposes.
Renter shall further, not use or allow the Leased Space to be used for the release, storage, use, treatment, disposal or other handling of any hazardous substance without prior written consent of Operator. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means:
i. Any substance defined as a “hazardous substance” under CERCLA;
ii. Petroleum, petroleum products, natural fuel, natural fuel liquids, liquefied natural fuel and synthetic fuel, and;
iii. Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation.
8. Limitation on Value of Personal Property: Renter agrees not to store Personal Property in the Leased Space with a total value in excess of Two Thousand Dollars ($2,000.00) the “Value Limit” without the prior written permission of the Operator. If such written permission is not obtained, the value of Personal Property shall be deemed not to exceed the Value Limit. By this Rental Agreement, Operator is generally not liable for the loss of Renter’s Personal Property. In the event any competent court of law adjudicates Operator liable for any loss, for any reason, damages shall be limited as described in the next Paragraph. This provision shall not constitute an admission that Renter’s Personal Property has any value whatsoever. Higher value limits may be available from Operator for additional consideration if so requested by Renter in writing to Operator within a reasonable period of time after the commencement of the Rental Agreement, see Operator for details.
Notwithstanding anything in this Rental Agreement, in no event will Operator or Operator’s agents be liable to Renter or Renter’s agents for an amount in excess of the Value Limit, for any loss or damage whatsoever, including, but not limited to, the active or passive acts, the omissions or negligence of Operator or Operator’s agents. Renter will not sue Operator or Operator’s agents with respect to any claim, cause or action, loss, or injury to the extent liability therefore has been limited or eliminated pursuant to this Provision. So long as Renter complies with the requirements of Provisions 7, 8 and 10, Operator does not concern itself with the type, quantity, or quality of the Personal Property Stored.
9. Damages: Renter shall be responsible to Operator for the costs of repair, clean-up, and replacement for any damages caused as a result of Renter’s storage in the Leased Space, use of the Leased Space, or use of the common areas of the Facility including damage to other Renter’s personal property or other Renters’ vehicles. In the event Operator invoices Renter for any charges for repairs, clean-up, replacement, or other damages suffered, Renter shall pay the invoice within Ten (10) days or it shall become Additional Rent due and payable with the next month’s Rent. The failure to pay such invoice represents a Default under this Agreement. This Provision and the requirement to pay for any damages shall survive the termination of this Agreement.
10. Insurance and Security Type Systems: All property stored in the Leased Space is stored at Renter’s sole risk. Operator does not provide insurance for any personal property stored by Renter and does not require proof of insurance. Operator strongly recommends that Renter obtain and maintain insurance that covers risks such as fire, theft, vandalism, burglary, water damage, and natural disasters. Renter understands and agrees that they are solely responsible for securing and paying for insurance coverage on their own personal property, should they choose to do so. Operator employs certain measures to protect Operator’s Facility referred to as “Security Type Systems.” These Security Type Systems may include video cameras, gates, gate codes and lighting. Video cameras, if any, may not be recorded or may not be recorded at all times. These Security Type Systems may not operate properly in the event of a mechanical, electrical, or software failure. Cameras should not be relied on to provide additional security for the Personal Property or the Renter, Renter’s invitees, or guests, when using the Leased Space or Facility. The operation or failure of any type of Security Type System installed by Operator shall not change Operator’s responsibility or liability for any type of loss incurred by Renter and shall in no way releases Renter from Renter’s obligation to secure or insure Renter’s personal property. These Security Systems are for the overall protection of the Facility and not for the protection of individual Leased Spaces or specific personal property. Security Systems may not be monitored at all times, may not record, and may malfunction due to mechanical, electrical, or software failure. Renter agrees not to rely on the presence or operation of these systems as a guarantee of safety or security and acknowledges that Operator is not liable for any loss or damage to Renter’s property. Renter acknowledges that these Security Type Systems are for the protection of the Facility as a whole and not the individual Leased Space.
10. Access: Renter’s access to the Leased Space and the Facility may be limited as reasonably deemed necessary by Operator, including, but not limited to, requiring identification from Renter, limiting hours of operation, or requiring Renter to sign-in and sign-out upon entering and leaving the Facility, including the temporary closure of portions or all of the Facility for adverse weather conditions, emergencies, catastrophes, power outages, evacuation orders, police activity, or repairs and maintenance without advance notice to Renter. These denials of access shall not represent an Event of Default by Operator or the Facility. Operator may change the regular times and methods of access to the Facility with Thirty (30) days written notice posted at the entry of the Facility or the Facility Office, or Operator’s website, or mailed to Renter. In the event of an Emergency or catastrophe at or around the Facility, Operator may change access hours without notice to Renter and Operator may require Renter enter only when escorted by Operator’s employees or agents or Operator may deny access to the Leased Space and Facility. Further, Operator shall not be liable for Renter’s inability to enter the Facility or Leased Space as a result of any power outage, or hardware or software failures. Additionally, gate control systems may be adversely affected by snow or ice.
11. Temperature Controlled Leased Space: Operator does not represent that the Leased Space is temperature controlled and does not warrant or represent that a minimum or maximum temperature will be maintained at any time during the Term.
12. Humidity in the Leased Space: Operator does not represent that the Leased Space is humidity controlled and does not warrant or represent that a minimum or maximum humidity will be maintained at any time during the term.
13. Mold: Renter understands that there is a risk of the growth of mold and/or mildew on Renter’s Personal Property in any Leased Space rented. Operator does not warrant the Leased Space to be water-tight or dry. Operator shall not be liable and is hereby released from liability for mold on Renter’s Personal Property from whatever source and no matter how it occurs. Renter shall take whatever steps are necessary, including those listed in this Provision, to protect against and prevent mold on their Personal Property. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Renter’s Personal Property. To help avoid mold, Operator recommends storing Personal Property off the concrete floor, such as on pallets or shelves (do not attach to the Leased Space), wrapping certain Personal Property in plastic and keeping goods susceptible to mold from touching the walls of the Leased Space. Renter understands that any Personal Property brought into the Leased Space that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Leased Space. Renter shall periodically inspect the Leased Space and the Personal Property and take any and all actions necessary to protect Renter’s Personal Property from mold/mildew.
14. Locked Leased Space; Storage Renter’s Risk; Abandonment: Renter is required to keep the Leased Space locked using a disc lock purchased from Operator. The Operator does not maintain a key to any lock used by Renter. Renter shall not use any hasp or sliding device for an additional lock. Any additional lock on the Leased Space shall be removed and Operator shall charge a Two Hundred Fifty and NO/100 Dollars ($250.00) lock removal service. If a lock is removed for Default by Renter, or if Operator finds an occupied Leased Space without a lock or incorrectly locked, if a lock is removed for an inventory or sale, an Emergency or non-Emergency entry, or if a lock is removed for any other reason described in this Rental Agreement, Operator will notify Renter, and Operator may, but is not required to, lock the Leased Space with Operator’s lock at Renter’s expense. If Operator chooses to re-secure the Leased Space, and Renter does not replace the lock, then after Five (5) days, Operator shall put a new lock on the Leased Space and charge Renter’s account. The keys will be mailed to Renter’s last known address. If the Leased Space is not locked, Renter is delinquent in Rent, and Operator determines the items contained in the Leased Space have no marketable value (under $100) Operator may consider the Leased Space abandoned and dispose of or sell any or all Personal Property in the Leased Space.
15. Release of Liability: Renter releases Operator, Operator’s employees, agents, successors, and assigns from any and all liability for Personal Property damage or loss of Personal Property; for damage or loss from, as examples, fire, water, the elements, mold or mildew, Acts of God, theft, burglary, vandalism, malicious mischief, mysterious disappearance, and rodent/insect damage; or the acts or failure to act or negligence of Operator, its employees, or agents.
Renter further releases Operator, Operator’s employees, agents, successors, and assigns from any and all liability for personal injuries or death to persons including Renter and Renter’s family or invitees arising out of Renters use of the Premises and Facility.
Renter understands that this Release of Operator’s liability is a bargained for condition of this Rental Agreement and Operator’s consent to enter into this Rental Agreement, and that if Operator were not released from the liability as set forth in Provisions 16 and 17, a much higher Rent would have to be agreed upon or Operator would not enter into this Rental Agreement.
16. Indemnification; Waiver of Subrogation: Renter agrees to waive, and have Renter’s insurer waive, any right of subrogation of any claim of Renter against Operator, Operator’s employees, or agents. Renter agrees to indemnify, defend and hold Operator harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or Personal Property, or damages to Renter’s Personal Property however occurring, or arising out of or related to the use of the Leased Space and Facility by Renter, Renter’s invitees, and guests, or to any breach of this Rental Agreement by Renter, Renter’s invitees, or guests. Renter shall also pay Operator for all of Operator’s attorney fees incurred in enforcing any obligation under this Provision #17. Renter’s obligation to indemnify Operator specifically applies to any violation by Renter of the Operator’s environmental conditions and restrictions resulting in damages caused by Renter, Renter’s invitees or guests, regardless of any negligence on the part of Renter.
17. Operator May Enter: Operator, Operator’s employees, and agents and the representatives of any governmental or quasi-governmental authority, including police and fire officials, shall have the right to remove Renter’s lock and enter the Leased Space, without notice to Renter, to take such action as may be necessary to preserve Operator’s Personal Property in the event of an Emergency, or to immediately comply with any applicable law, governmental or court order, warrant, subpoena, or to enforce any of Operator’s rights. For the purposes of this Rental Agreement, “Emergency” shall be defined as a sudden, unexpected occurrence or circumstance at or near a self-storage Facility that requires immediate action to avoid injury to persons or property at or near the self-storage Facility. The term includes, but is not limited to flood, fire, or any suspected use of the Leased Space for residential or other unlawful purposes. Operator shall further have the right, on a non-Emergency basis, to remove Renter’s lock and enter the Leased Space with reasonable notice to Renter to make any repairs, replacements, other desirable improvements or conduct any inspections of Operator’s Facility or the Leased Space (the “Work”). Operator will endeavor to give a minimum of three days notice to Renter of the Work and, if Renter is available, will schedule an appointment with Renter to be present to open the lock. If Renter is unavailable or unable to provide Operator access, Operator may remove the lock and after the Work has been completed reengage the lock. Renter is notified that Operator complies with all search warrants and subpoenas for Renter information.
18. Responsibility to Inspect the Leased Space: Renter shall immediately notify Operator should Renter become aware of any noxious odors, sounds, or other conditions, including without limitation, the presence of any mold or similar condition, in Renter’s Leased Space or emanating spreading from or through any other Leased Space. Upon receipt of such notification, or should Operator become aware of such condition, Operator may, notwithstanding anything to the contrary to this Agreement, enter Renter’s Leased Space without notice to make any such necessary inspection, repair, or alteration. Should any such conditions result from Renter’s use of the Leased Space or from a breach by Renter of the terms of this Agreement, all costs and expenses incurred by Operator in addressing such conditions shall be paid by Renter on demand and if not paid, shall become Additional Rent.
19. Operator’s Lien: Pursuant to the Montana Self-Storage Facilities Act § 70-6-601 et seq the Operator of a Self-Storage Facility has a lien on all of Renter’s Personal Property located at the self-storage facility for Rent, late fees, legal fees, labor, or other charges incurred pursuant to the Rental Agreement and for expenses reasonably incurred for preservation, sale, or disposition of the personal property.
Explanation: The Personal Property stored in the Leased Space may be sold to satisfy the lien if Renter is in Default.
20. Defaults; Operator Remedies: If Renter breaches any term or condition of this Rental Agreement (a “Default”), Operator in addition to such other rights Operator may have under this Rental Agreement and law shall have the right to terminate this Rental Agreement. If Renter does not provide photo ID at rental, Operator may deny access or cancel the Rental Agreement. If Renter fails to pay any Rent or other charges when due or if the Rental Agreement is terminated by Operator for cause, Operator may: (i) deactivate the gate access; (ii) overlock, or otherwise place a device to deny Renter’s access to the Leased Space, once Renter is in Default for at least Five (5) days, and the placement of Operator’s overlock or other deactivation device, along with any written notice sent to Renter, shall serve as constructive notice that Operator has not received Rent from Renter for the current term; (iii) remove Renter’s lock and access the Leased Space; however, Rent and other charges shall continue to accrue after overlock, drill out or lock removal until the Leased Space is sold or Renter cures the Default; (iv) inventory and/or take possession if desired, of the Personal Property located in the Leased Space; (v) sell or dispose of the Personal Property in the Leased Space as permitted by law; or (vi) pursue any and all remedies available, at law or equity, including a forcible entry and detainer action against Renter. The act of overlocking or denying access shall not constitute an election of a remedy by Operator, and shall not constitute Operator taking possession of, or a bailment over, the Personal Property. The obligation to pay Rent and other charges shall not be terminated by the overlock or other denial of access. If Renter is in Default and is overlocked, Operator is not required to remove or reverse the overlock until up to Three (3) business days after payment has been made in full. In any case Operator shall not be liable to Renter for any damages Renter suffers as a result of not being able to get access to the Leased Space after late payment arising from failure to immediately remove Operator’s lock or overlock. In the event of Default, Renter forfeits any concessions received and rent for the Leased Space shall automatically increase to the current market rate. All remedies available to Operator shall be cumulative and the exercise of one or more remedies shall not exclude or waive Operator’s rights as to any other remedy.
21. Notices: Except as otherwise required by law, all notices under this Rental Agreement from Operator to Renter shall be mailed by first class U.S. mail, postage pre-paid, to Renter’s last known address, or e-mailed to the e-mail address provided by Renter in the Terms and Conditions and shall be conclusively presumed to have been received by Renter Three (3) business days after mailing, or upon emailing. All notices from Renter to Operator shall be mailed by first class U.S. mail, postage pre-paid, to Operator, at the Office Mailing Address listed on the first page of this Rental Agreement. Renter is responsible for notifying Operator in writing, via certified mail return receipt requested to the Mailing Address; or via a nationally recognized overnight carrier with signature confirmation; or in person at the Facility Office during business hours; or via Operator’s secure Website (Portal); on a form prescribed by Operator, of any change in Renter’s address, email address, or of intent to vacate at the end of the Term.
22. Partial Payments or Payment in the Event of Default: Partial payments shall not be accepted.
23. Assignment and Subletting: Renter may not assign its rights under this Rental Agreement or sublet the Leased Space without the prior written consent of Operator. Operator may assign this Rental Agreement and upon assignment Operator shall be released from all obligations to Renter under this Rental Agreement. This Rental Agreement shall be binding upon the heirs, assigns, executors, administrators, representatives and successors of the parties hereto.
24. Governing Law; Jury Trial; Severability: This Rental Agreement shall be governed by the laws of the State of Montana without regard to its conflict of laws provisions. Operator and Renter agree to waive their respective rights to trial by jury of any cause of action, claim, counterclaim or cross complaint in any action arising out of or connected in any manner with this Rental Agreement, including any action for bodily injury, death or Personal Property damage. Operator and Renter further agree that the Federal or State courts in Montana where the Facility is located shall have exclusive jurisdiction for any litigation related to this Rental Agreement. If any part or provision of this Rental Agreement is determined to be unenforceable by a court of law, the parties agree that all remaining parts or provisions of this Rental Agreement shall remain in effect and be valid and enforceable.
25. Entire Agreement: This Rental Agreement is the entire agreement between the parties and supersedes any and all prior oral or written representations or agreements and may be modified only in a writing signed by Renter and Operator. The pre-printed terms of this Rental Agreement may only be modified in writing signed by the General Manager of the Facility.
26. Counterparts, Headings and Gender: This Rental Agreement may be executed in one or more counterparts, each of which shall be deemed an original and when taken together shall constitute one Rental Agreement. The headings in this Rental Agreement are for the convenience of both parties. In the event of any conflict between the heading and the language of the term, the language of the term shall control. Whenever the context so indicates the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others.
27. Operator’s Employees: In the event Renter requests any of Operator’s employees to perform any services for Renter, it shall be done at Renter’s own risk as Renter’s agent, regardless of whether payment is made for said service(s). Renter agrees to release, hold harmless and indemnify Operator for any loss, charge or injury Renter may suffer related to the use of Operator’s employees. Renter further agrees that Renter’s interactions with Operator’s employees will be respectful and courteous. Any foul or abusive language or threatening behavior directed toward any employees or Operator shall be grounds for immediate termination of the Rental Agreement by Operator.
28. Warranty of Information: Renter warrants all information given in this Rental Agreement or any application preceding this Rental Agreement is complete, true and accurate at the time of this Rental Agreement.
29. Renter’s Acceptance of the Leased Space “AS IS”: Renter inspected or had the right to inspect the Leased Space and Facility before signing this Rental Agreement and finds the Leased Space to be suitable for the purpose for which Renter rents such Leased Space and accepts the same “as is.” Operator makes no express warranties. Operator disclaims and Renter waives all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. Renter acknowledges that Operator’s Agents have no authority to make warranties, express or implied.
30. Pest Control: Renter is advised that Operator may use chemicals at the Facility including around the Leased Space, for pest control. For this reason, no pets are allowed. Renter is solely responsible for arranging, setting, and monitoring and disposing of any pest control devices within the Leased Space. Renter is advised to provide, set, maintain, and regularly remove, if necessary, any insect or rodent attraction/repellant/trap devices that Renter deems necessary to protect Renter’s Personal Property from loss or damage due to insect or rodent infestations. The only extermination provided by Operator, if at all, is in common areas other than the Leased Space. In the event that Renter discovers evidence of insect, rodent, or other pest activity or infestation, Operator shall be notified.
31. Permission to Call, Fax, Use Social Media, Text and/or E-Mail: Renter recognizes Operator and Renter are entering into a business relationship at the Facility. As such, to the extent any federal or state law prohibits Operator from contacting Renter by phone, fax, text, or e-mail, Renter hereby consents to Operator phoning, faxing, contacting via Social Media, texting, and e-mailing Renter and that these communications are related to the business relationship. Renter further gives Operator permission to send text messages to Renter’s provided cell phone number for the purposes of notifying Renter of conditions involving the Facility or Leased Space, including but not exclusively, late rent and other default issues, unless otherwise prohibited by law. Further, Renter consents to Operator sending notices by email, including notices involving the operations of the Facility and unless prohibited by law, notices of Default. For this reason, Renter agrees to keep a current email address of record with the Operator and to notify Operator of any change in Renter’s email address.
32. The Leased Space: By signing this Agreement Renter acknowledges that neither Operator, nor any employee of Operator or any other person acting on Operator’s behalf, has made any representation to Renter as to the size (square footage or cubic footage) or dimensions (length, width or height) of the Leased Space, and Renter acknowledges and agrees to the following: (a) that, prior to signing, Renter was given the opportunity to measure the dimensions of the Leased Space; (b) that Renter is satisfied therewith, whether or not Renter measured the Leased Space; (c) that Renter agrees to pay the Rent stated herein regardless of the actual size or dimensions of the Leased Space; (d) that Renter hereby waives any and all right to bring any civil action, or other judicial or non-judicial proceeding, or to join, or participate in, any such proceeding brought by any other person, against Operator based on assertions that any difference exists between the actual size, or dimensions, of the Leased Space, and the size, or dimensions, thereof as Renter believed existed at the time Renter signed this Agreement; and (e) that Renter hereby fully, and forever, Release and Discharge Operator from any, and all liability for damages, and all other types of relief, to which Renter otherwise would have had the right to obtain but for Renter’s having agreed to the terms of this Provision and the Waiver and Release contained herein.
33. Loitering: The purpose of this Rental Agreement is to rent Leased Space for the storage of Personal Property. It is agreed that, except for move-in and move-out, there is no reason for Renter to be at the Facility or in the Leased Space at any time for more than Two (2) hours in a day, and no more than twice a week. If Renter, Renter’s guests, or invitees are in the Leased Space or at the Facility for more than Two (2) hours a day, or more than Two (2) days a week, this shall be grounds for immediate termination of occupancy.
34. Exclusion of all Warranties: The agents and employees of Operator are not authorized to make warranties about the Leased Space and the Facility referred to in this Rental Agreement. ORAL STATEMENTS BY OPERATOR’S AGENTS AND EMPLOYEES DO NOT CONSTITUTE WARRANTIES such statements shall not be relied upon by the Renter and are not part of this Rental Agreement. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, expressed or implied, ARE EXCLUDED from this transaction and shall not apply to the Leased Space and the Facility, and that Renter accepts such Leased Space and access to the Facility AS IS AND WITH ALL FAULTS.