Northridge Property Managment Inc. O/A Harbour Self-Storage ***************************************************************************** 3195 3rd Avenue East, Owen Sound, Ontario, Phone (519) 371-5043 ****************************************************************** Storage Agreement Contract No.: _ Unit No: Customer Information: Name: Address: Phone: Special Instructions: This Storage Agreement is entered into on _______________ by _______________ and between Harbour Self Storage (referred to in this Agreement as “we” or “us”) and the above-referenced Customer (referred to in this Agreement as “you”). Storage Locker: We agree to let you use one of our storage lockers at 3195 3rd Avenue East, Owen Sound, (collectively referred to in this Agreement as the “Lockers”, and each “Locker”), for the purpose of storing your personal belongings, subject to the terms and conditions set forth in this Agreement. Terms and Conditions: Sections 1 to 12, below (referred to in this Agreement as the “Terms and Conditions”), form part of this Agreement, and are binding upon all parties to this Agreement. Initial Term and Automatic Renewal: The initial term of this Agreement shall begin on __________________, and shall end 30 days thereafter. At the end of the initial term the term shall become a month-to-month lease thereafter: (i) provided you have not instructed us to terminate the Agreement in compliance with Section 10 of the Terms and Conditions, and (ii) provided we have not unilaterally terminated this Agreement for one of the reasons expressed within the Terms and Conditions, then this Agreement shall be extended automatically on a month-bymonth basis until terminated in accordance with this Agreement. NOTE THAT THERE IS AN ABSOLUTE MINIMUM RENTAL PERIOD OF ONE MONTH. Fees: As payment for the use of each Locker, you shall pay the first month’s MONTHLY STORAGE FEE of $_______________ inclusive of G.S.T. per locker in advance, on the first day of this Agreement by cheque or credit card. You shall pay further MONTHLY STORAGE FEES of $_______________ per Locker on the same day of each monthly period, without notice, demand, deduction or offset, while this Agreement remains in effect from time to time, you may also be required to pay certain additional fees and charges to us, as set forth in Section 9 of the Terms and Conditions. Method of Payment: Please choose one of the following two methods of payment, by marking an “x” in box “A” or “B”, and filling in and signing below, as Cardholder or Accountholder: A. Payment by Credit Card -------------------------------------------------Visa/Mastercard (circle one) B. Post-Dated Checks (please attach checks) -----------------------------------------------Name of Financial Institution: -------------------------------------------------Name of Primary Cardholder: -----------------------------------------------Address of Financial Institution: -------------------------------------------------Name of Supplementary Cardholder: (if any) -----------------------------------------------Name(s) of Account Holder(s): -------------------------------------------------Credit Card Number: | Expiry Date -----------------------------------------------Five Digit Transit No. | Bank Account No. -------------------------------------------------You hereby certify that you are the Primary Cardholder or an Authorized User of the credit card account listed above. You hereby authorize 20340503 Ontario Ltd. to automatically charge the credit card listed above: (i) All Monthly Storage Fees, (ii) an and all Additional Charges payable by you pursuant to this Agreement. | | | | | | | | | ------------------------------------------------ You hereby certify that the person whose signature appear below are the only persons whose signatures are required in order to issue checks drawn on the checking account listed above. You agree to provide us with a series of post-dated checks to cover Monthly Storage Fees, in advance of their respective due dates. 2034503 Ontario Ltd. will issue invoices to you to cover any Additional Charges payable by you pursuant to this Agreement -------------------------------------------------Signature of Cardholder: -----------------------------------------------Signature of Account Holder: -------------------------------------------------Signature of Joint Cardholder (if any) -----------------------------------------------Signature of Joint Account Holder (if any): -------------------------------------------------- ----------------------------------------------- DECLARED VALUE: THIRD PARTY INTERESTS: To the best of your knowledge, no other person, company or entity claims ownership over any of the goods to be stored in the Containers, or holds any liens, charges, mortgages or other security interests over any of the goods to be stored in the Containers, except as listed below: Item: Interested Party Name: Interested Party Address | Phone # | | ----------------------|-------------------------------------|--------------------------------------Item: Interested Party Name: Interested Party Address | Phone # | | -----------------------|------------------------------------|--------------------------------------Item: Interested Party Name: Interested Party Address: Phone # | | -----------------------|------------------------------------|--------------------------------------THIS IS A FOUR (6) PAGE AGREEMENT. PLEASE INITIAL THIS BOX TO CONFIRM THAT YOU HAVE READ THIS AGREEMENT CAREFULLY, AND THAT YOU FULLY UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE TERMS AND CONDITIONS SET FORTH ON PAGES FOUR (4) FIVE (5) and SIX(6), BELOW. AGREED TO BY, AND BINDING UPON BOTH PARTIES on the date set forth above: Northridge Property Management Inc. o/a Harbour Self-Storage Customer: By:___________________________________________ (sgd.)_______________________________________ Name & Title:_________________________________ Full Legal Name:_____________________________ TERMS AND CONDITIONS Please read the following CAREFULLY! 1. Limitation on Liability. YOU HAVE FULL RESPONSIBILITY FOR, AND BEAR ALL RISK OF LOSS OR DAMAGE TO THE LOCKERS AND THEIR CONTENTS, AND FOR ANY DAMAGE CAUSED TO YOUR PROPERTY. WE DO NOT ASSUME ANY RISK FOR LOSS OR DAMAGE TO THE PERSONAL PROPERTY YOU HAVE PLACED IN THE LOCKERS FOR STORAGE IN OUR FACILITY, NO MATTER HOW THE LOSS OR DAMAGE MAY BE CAUSED. Without limiting the generality of the foregoing, note that we are therefore not responsible for any loss or damage (i) caused by any form of negligence on our part or on the part of our agents or employees, or (ii) sustained through water damage, rodents, insects, acts of God, our actions or omissions or those of our agents and employees. You are to assume the risk of all such and any losses. You may transfer this risk to an insurance carrier of your choice through the purchase of an insurance policy at your own expense. We will cooperate with you and with any insurer or broker retained by you to facilitate the proper insurance of goods stored in the Lockers. 2. Use of Lockers. Lockers may be used only for the storage of personal property which is approved by us. In using each Locker, you shall comply with all applicable federal, provincial, and municipal statutes, laws, regulations, by-laws, and with all of our Terms and Conditions as set forth in this Agreement. You shall NOT store inside a Locker any goods that are controlled or prohibited by law, or any goods that are flammable, combustible, explosive, toxic, corrosive, organic, biological, chemical, odorous, or noxious, nor any dangerous goods or hazardous materials of any sort, including but not limited to propane tanks, gasoline, kerosene, or petroleum products, paint, paint thinner, nail polish remover, varnish, glue, firearms, aerosol containers, firecrackers, matches, and fertilizer. You shall not make any use of a Container which would constitute a nuisance, annoyance, inconvenience, or danger to us or any of our other customers. YOU SHALL INDEMNIFY AND HOLD US HARMLESS OF AND FROM ALL ACTIONS, CAUSES OF ACTION, LAWSUITS, PROCEEDINGS, DEMANDS, EXPENSES, LIABILITIES, FINES, PENALTIES, COSTS, AND CLAIMS FOR DAMAGES OR LOSSES OF ANY KIND WHATSOEVER, ARISING OUT OF, OR AS A RESULT OF, OR IN CONNECTION WITH YOUR VIOLATION OF THIS SECTION 2. THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OR ANY EXTENSIONS OR HOLDOVERS OF THIS AGREEMENT. 3. Condition of Locker. You acknowledge that you have inspected each Locker and it is now in good condition and suitable for the intended purpose of storing your goods and personal belongings. If any damage is caused to a Locker or to our storage facility as a result of your violation of Section 2 above, or as a result of your negligence or wilful misconduct or that of your agents, employees, licensees, invitees or contractors, you shall pay for any and all repairs necessary to repair such damage. You will make no alterations or additions to a Locker without our written permission. When you return to our possession, a Locker to us at the end of this Agreement, we have the right to demand that you remove, at your own expense, any alterations, additions, or fixtures from the Locker, and that you restore the Locker to the original condition in which you found it at the start of this Agreement (reasonable wear and tear excepted). Your failure to return a Locker in a suitable condition will authorize us to demand reasonable compensation from you for any expense which we incur to return the Locker to its original state, in addition to any fees provided for under this Agreement. 4. Changes in Information. You are required to notify us immediately of any changes to your name, address, contact information, credit card or chequing account numbers, by calling us at (519) 371-5043. If, as a result of your failure to provide us with updated information, we are unable to process any fees or charges payable under this Agreement, or if we are unable to contact you in the event of an emergency, we may deem your property to have been abandoned, and dispose of any such property in accordance with Section 10 below. 5. Our Right to Access Lockers Containers. We may open any of your Lockers without providing you with any prior notice in cases of emergency, which would include but is not limited to situations when, in our own judgement, we need to: (i) make any repairs to the Locker (however this will not create any obligation on us to look out for the need for repairs); (ii) locate and remove any property which appears to be seeping out of the Locker, or which appears to be emitting fumes or odors from the Locker, or which appears to be harming or endangering the Locker or our storage facility; (iii) enforce the terms of this Agreement, including all our rights and remedies; (iv) open the Locker for security reasons generally; or (v) comply with any Court Order or applicable law or regulation. At all other times, we will provide you with reasonable notice prior to opening the Container. 6. Your Right to Access Lockers. Provided your account with us is paid in full and you are not in default, you have the right to access your Lockers from time to time without cancelling this Agreement, for the purpose of inspecting, removing or adding stored goods, during the hours of 7:00 a.m. and 9:00 p.m. seven days a week, during regular business hours which may from-time-to-time be reasonably set. 7. Default and Remedies. If you fail to make any Monthly Storage Fee payment or any other payment owed to us pursuant to this Agreement within five days of its due date, or if any of your payments to us are made and dishonored, you will be in default from the date the payment was due. If, according to our records, you remain in default for five (5) days or longer, we shall have the right without providing you notice, to prevent you from accessing your Lockers. We reserve the right to demand reasonable compensation from you for any expenses which we incur (including legal fees, disbursements and related taxes) in seeking to collect from you any outstanding amounts that are in arrears. Pursuant to the Repair and Storage Liens Act (Ontario), we have a lien on all property, whether or not it is owned by you, which is stored in the Lockers. Our lien attaches to the contents of a Locker as of the date that we pick up the loaded Locker from your home or place of business, as the case may be. If, according to our records, you remain in default for sixty (60) days or more, we may enforce our lien rights by selling or otherwise disposing of any property stored within your Locker. In that case, we shall provide you with written notice fifteen (15) days prior to selling the contents of the Locker through a public or private auction. We will then take from the proceeds of the auction all amounts which you owe to us, plus any other reasonable costs which we may have incurred in seeking to enforce collection of the amount owing, plus any additional costs incurred during the process of selling the contents of the Locker. 8. Additional Fees and Charges. From time to time, in addition to the Monthly Storage Fee identified on the reverse side of this Agreement, you may also be required to pay some or all of the following additional fees and charges to us: a. Late Payment Fee – We reserve the right to charge you a Late Payment Fee on any arrears, calculated a 2% per month of the aggregate amounts that are in arrears. b. Insufficient Funds (NSF) Fee – If any of your pre-authorized credit card payments, cheques, or bank account withdrawals are declined, dishonored, or returned to us as “NSF” by your bank, trust company, credit union, or credit card company, you shall pay us an Insufficient Funds (NSF) Fee in the amount of $30. c. Clean-Up Fee – We reserve the right to charge a Clean-up Fee in the amount of $100 if, upon termination of this Agreement for any reason, you return possession of a Locker to us with any items left inside which require disposal, or if you fail to restore a Locker to the original condition in which you found it at the start of this Agreement (reasonable wear and tear excepted). Such Clean-up Fees are due and payable immediately upon demand. d. Charges for Supplies – From time to time, at your request but subject to availability, we may supply you with packing materials and other itinerant supplies. In each such case, please call (519) 371-5043 to verify the applicable charges. e. Building Card Key Deposit- Deposit of $10.00 taken upon execution of agreement. Deposit shall be refunded in full upon the return of the Building Card Key at the Termination of this agreement. 9. Termination and Cancellation. Provided your account with us is paid in full and you are not in default, you may cancel this Agreement for any reason by calling (519) 371-5043 and requesting cancellation of this agreement on or before the day that monthly rent is due. The cancellation date shall be the last day of the monthly rental period in which you request cancellation. Notice to Terminate must be delivered prior to or on the same day that monthly rental is due, for this Agreement to Terminate on the last day of the same rental period. If notice is delivered after the day that monthly rental is due notice shall be deemed to have been given on the day that monthly rental was due for the next monthly rental period. We may cancel this Agreement at any time, without notice to you in the event that you breach any term or condition of this Agreement, or if you become insolvent, or if bankruptcy proceedings are filed by or against you; however if you owe us any outstanding amount, we will continue to retain a lien over your property until such amount has been paid to us in full. Note that THERE WILL BE NO PRORATIONS OR REFUNDS OF ANY MONTHLY STORAGE FEES PAID UPON CANCELLATION OF THIS CONTRACT, except where the Agreement is deemed to be terminated due to destruction of the Lockers as a result of an act of God or other force majeure. Upon termination of the Agreement, any property left in the Lockers shall be deemed abandoned, and will be disposed of in accordance with Section 10 below. 10. Abandoned Property. We may take any reasonable action to dispose of any abandoned property; however, you will be liable to us for any costs incurred in disposing of the abandoned property, in addition to any fees provided for under this Agreement. 11. General. All Lockers remain our property at all times. This Agreement is the entire agreement between us and may not be changed or terminated orally. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and it is subject to the exclusive jurisdiction of the Courts of Ontario. This Agreement is binding upon and shall inure to the benefit of both you and us, as well as our respective heirs, legal or personal representatives, successors and permitted assigns. If one or more of the provisions of the Agreement are deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding and enforceable. You shall not assign this Agreement without our prior written consent. If more than one person is identified as the “customer” on the reverse side of this Agreement, then all such persons shall be jointly and severally liable for all obligations under this Agreement. 12. Privacy Policy. We require your name, contact information, and some form of picture identification from you for the purpose of renting the Locker to you and providing you with storage facilities, and so that we can confirm the identity of any person providing instruction regarding the storage and subsequent release of your stored goods. We may also use this information for accounting, billing, collections, or for internal business forecasting. We require the name and contact information of an emergency or alternate contact person to assist us in locating you when we wish to provide you with information regarding your stored goods but cannot reach you at your address of record. As part of our commitment to fair use of your personal information, we will NOT sell your personal information to any third parties, nor do we share your personal information with any third parties except: (i) for the purpose of fulfilling the terms of this Agreement; (ii) where you have given us permission to do so; or (iii) where we are compelled to do so by Court Order, under applicable legislation, or in response to legal action. All personal information is secured in our computer database, and is protected by a variety of access controls, with access restricted to select members of our staff on a “need to know” basis. Should you have any questions or concerns regarding our privacy policy or if you wish to review, update or correct any personal information that we hold on file for you, please contact us directly at (519) 371-5043.