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THIS RENTAL AGREEMENT (“Agreement”) by and between Lessor (as set forth in Section 32) and “Tenant”, whose name and residence are set forth in
the rental agreement addendum (the “Addendum”) incorporated herein by reference and made a part hereof, is effective as of the date Tenant accepts this
Agreement online or the date the Tenant accepts delivery of the Unit, whichever is earlier (the “Effective Date”), for the purpose of leasing, transporting or
renting Lessor’s Unit on the terms and conditions set forth herein. Tenant acknowledges and agrees that no bailment or deposit of goods for
safekeeping is intended or created hereunder. Due to the nature of Lessor’s business and its purpose being storage, Tenant further understands that
Lessor is not representing to Tenant, in any manner whatsoever, that Lessor is a “warehouseman” as such term is defined by applicable state statutes.
Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or similar
or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for
safekeeping shall not apply to this Agreement. The parties agree as follows:
1. DESCRIPTION OF UNIT. Tenant hereby retains Lessor’s services in connection with one or more portable storage containers or units (individually and collectively, the
“Unit”) as more fully described in the Addendum and Confirmation (defined below). Tenant has the option to store the Unit with Lessor or have the Unit remain at Tenant’s
designated location (“Tenant’s Premises”). Should Tenant elect to have Lessor store the Unit at Lessor’s premises, Tenant agrees that Lessor shall have the right and
authority to store the Unit at any at either a storage facility of Lessor, Lessor’s affiliate, or Lessor’s franchise (“Facility”). Lessor shall attempt to store the Unit at a Facility
closest to Tenant’s address, space permitting. Tenant shall have access to the Unit, only during specified hours which are normally 8:30 am to 5:00 pm local time, by
giving advance notice to Lessor. Tenant should call the number above to confirm the access hours, schedule access, or make special arrangements for access during
non-business hours. Upon use of the Unit, Tenant acknowledges having had an opportunity to examine the Unit and that such Unit is satisfactory for all
purposes for which Tenant shall use it. Tenant hereby authorizes Lessor to enter upon the Tenant’s Premises whenever Lessor deems it necessary to
enforce any of Lessor’s rights pursuant to this Agreement or pursuant to any state or federal law. Tenant warrants that Tenant has, as owner or otherwise: (a)
all the necessary rights with respect to the Tenant’s Premises for purposes of this Agreement; and (b) the right and authority to permit Lessor’s unrestricted
entrance upon Tenant’s Premises.
2. TERM AND RENT. The term of this Agreement commences as of the Effective Date and continues thereafter on a month-to-month tenancy until
terminated. Tenant must pay the Lessor, in advance, monthly rent (the “Rent”) on each Due Date (as defined below) in the amount set forth on the invoice,
without deduction, prior notice, demand or billing statement. The date the Unit is first delivered to Tenant shall be the initial “Due Date” and subsequent Due
Dates shall occur on the monthly anniversary of the initial Due Date or the last day of the month if the corresponding date does not exist in the subsequent
month. Tenant will pay any applicable sales and use taxes imposed on any transaction hereunder. Tenant will not be entitled to a refund of any prepaid rent
under any circumstances. The monthly rent may be adjusted by Lessor effective the month following written notice by Lessor to Tenant specifying such
adjustment, which notice shall be given not less than thirty (30) days prior to the first day of the month for which the adjustment will be effective. Any such
adjustment in the Rent will not otherwise affect the terms of this Agreement, of which will remain in full force and effect. Time is of the essence with regard
to all payment obligations due under this Agreement. Lessor has issued or will issue a confirmation and/or transaction summary of Tenant’s order
(collectively, the “Confirmation”) that sets forth the pricing of Lessor’s delivery and storage services including other terms and conditions of such order. The
pricing and the terms and conditions of the Confirmation issued by Lessor shall be incorporated herein by reference and made a part hereof. In the event
that Tenant’s account has an outstanding balance, Tenant understands and agrees that Lessor does not waive its lien rights on the property stored in the
Unit if Lessor accepts partial payments to reduce the outstanding balance on Tenant’s account. Tenant understands and agrees that full payment of the
outstanding balance must be tendered prior to the sale date to stop a scheduled lien sale.
3. FEES, LATE CHARGES, ETC.
(a) In the event Tenant fails to pay Rent by the 10th day after the Due Date or the earliest date permitted by applicable law, Tenant shall pay, in addition to
any other amounts due, a late charge equal to the lesser of $25.00 on each such occasion or the maximum amount allowed by applicable law for each
delinquent payment each and every month that such payment(s) remain(s) delinquent plus Tenant will be responsible for all of Lessor’s costs of collection,
including, but not limited to, court costs, filing fees and attorneys’ fees.
(b) In the event Lessor commences a lien sale as a result of Tenant’s default in the payment of Rent or other charges due under this Agreement, Tenant
shall pay, whether or not a lien sale occurs, all costs and expenses incurred by Lessor associated with processing the delinquent account, including
advertising and mailing fees, plus a lien handling charge of up to $75.00.
(c) In the event Tenant is delinquent in the payment of Rent or other charges due under this Agreement, including without limitation, financing charges, late
charges, handling charges and costs associated with the processing of Tenant’s delinquent account (collectively, “Charges”), Tenant authorizes Lessor to
charge Tenant’s credit card account, without the signature of Tenant, for such Charges owed by Tenant to Lessor, even if Tenant has selected another
method of payment as the preferred method. Lessor shall have no liability to Tenant for charges applied to Tenant's credit card account so long as such
Charges are applied by Lessor in good faith.
(d) Additional fees may be incurred in connection with moves between Facilities (the “Inter-Franchise Move”). Additional fees may be incurred for
delivery, redelivery or extended delivery, in addition to any fee assessed against Lessor for any military DITY weight, as applicable. Tenant will be charged
up to a $75.00 handling fee if Tenant requests Lessor to exchange a Unit delivered to Tenant for a different size Unit.
(e) Change in Delivery Schedule. Tenant may request a one-time change in the delivery schedule of Tenant’s order without any change to fees as set forth
in the Confirmation; provided that, the requested change in the original delivery date is not seven (7) days later or more than seven (7) days earlier than the
original delivery date stated in the Confirmation. Any other requested change that does not satisfy the foregoing conditions may result in a change in the
handling (or delivery) fees stated in the Confirmation.
(f) Cancellation. Tenant may cancel at any time an Inter-Franchise Move without penalty or fees so long as the cancellation occurs before 4:00 p.m. local
time the day prior to the initial scheduled delivery. If the Tenant cancels after 4:00 p.m. local time the day prior to the initial scheduled delivery, Tenant shall
pay the local handling (or delivery) fee plus any applicable extended delivery fees. If the Tenant cancels 48 hours after the initial scheduled delivery, but
before the Inter-Franchise Move has been initiated, Tenant shall pay the local handling (or delivery fee), any applicable extended delivery fees, first month’s
rent, and the first month of contents protection coverage (if applicable).
(g) Additional Orders. For all orders placed by Tenant for the use of a Unit, the terms and conditions of this Agreement shall govern and apply without the
necessity of Tenant being required to execute separate and individual contracts.
4. LIMITS ON USE. It is Tenant's responsibility to adequately insure the stored property. Tenant understands and agrees that Lessor need not be
concerned with the kind, quantity or value of personal property or other goods stored by Tenant in the Unit pursuant to this Agreement. Tenant
specifically acknowledges and agrees that: (a) the Unit may be used for storage only, and that the use of the Unit for the conduct of business or for HUMAN OR
ANIMAL HABITATION IS SPECIFICALLY PROHIBITED; (b) Tenant assumes full responsibility and liability for packing Tenant’s property in the Unit and for
securing Tenant’s property for over the road transportation; and (c) the weight of Tenant’s property packed into the Unit shall be evenly distributed throughout the
Unit. Tenant shall store only personal property that Tenant owns and will not store property that is claimed by another or in which another has any right, title or
interest. Tenant shall not store any food or perishable goods, hazardous materials (as defined below), flammable materials, explosives, or other inherently
dangerous material, nor perform any work in the Unit. Tenant shall not store any personal property in the Unit which would result in the violation of any law or
regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other
environmental matters. For purposes of this Agreement, “Hazardous Materials” shall include, but not be limited to, any hazardous or toxic chemical, gas, liquid,
substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation. Tenant shall not use the Unit in any
manner that will constitute waste, nuisance or unreasonable annoyance to other tenants in the Facility. Tenant acknowledges and agrees that the Unit and
the Facility are not suitable for the storage of objects which have sentimental value to the Tenant or others, including, but not limited to, heirlooms or
precious, invaluable or irreplaceable property such as books, records, writings, works of art, photographs, and items for which no immediate resale
market exists. Tenant agrees that the value of any of the foregoing items that Tenant chooses to store in the Unit in violation of this provision shall be
limited to the salvage value of the item’s raw materials. Further, Tenant acknowledges and agrees not to store the following items in the Unit: money,
bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver,
silverware, platinum, coins, precious metals and pewter; stored value cards and smart cards; manuscripts, personal records, and stamps; jewelry,
watches, furs, precious and semiprecious stones; firearms; animals, birds and fish; aircraft, hovercraft, motor vehicles and engines; trailers; property
not owned by the Tenant or for which Tenant is not legally liable; computer software or programs, media or computer data contained on hard disks
or drives. Unless Tenant satisfies Tenant’s insurance requirements set forth below, Tenant agrees not to store property in the Unit that has an
aggregate value of over $5,000. Tenant agrees not to store property in the Unit that may cause consequential damages or emotional distress to
Tenant or others if it were missing, stolen, sold or damaged.
5. TENANT’S RISK AND LIABILITY/ INSURANCE OBLIGATION. Subject to Sections 6 and 8, whether the Unit is located at the Tenant’s Premises, at the
Facility or in transit, Tenant personally assumes all risk of loss or damage to or theft of Tenant’s property stored in the Unit however caused, including,
without limitation, burglary, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the
active or passive acts or omissions or negligence of Lessor or Lessor’s Agents. Tenant specifically acknowledges that Lessor shall not be liable for any
damage to Tenant’s property for any reason unless specifically assumed through Contents Protection (defined below). Tenant agrees to insure the actual
full value of the stored property against loss and damage.
6. CONTENTS PROTECTION. Notwithstanding Section 5, in lieu of obtaining insurance, Tenant may choose to have Lessor contractually (a) assume
responsibility for specified losses, subject to applicable exclusions, resulting from named perils (such as fire, wind, hail, smoke, collapse of building, burglary,
etc.) (“Named Perils”), and (b) obtain insurance protecting Tenant’s contents from such loss with an insurance company rated no less than “A” (excellent) by
A.M. Best Co (the “Contents Protection”). The terms and conditions set forth in Section 44 of this Agreement shall establish and clarify the contractual liabilities of
each party if Tenant orders Contents Protection from Lessor and makes all additional payments thereunder.
7. LIMITATION OF LIABILITY. Subject to Sections 6 and 8, Lessor and Lessor’s Agents shall not be responsible to Tenant or to any other person for any loss
however caused, including, without limitation, Lessor and Lessor’s Agents active or passive acts, omissions, negligence or conversion, unless the loss is directly
caused by Lessor’s fraud, willful injury or willful violation of law. In addition, Tenant hereby releases Lessor and Lessor’s Agents from any responsibility for any loss,
liability, claim, expense, damage to property or injury to persons that could have been insured against. Tenant expressly agrees that the carrier of any
insurance obtained by Tenant shall not be subrogated to any claim of Tenant against Lessor or Lessor’s Agents. TENANT WAIVES ANY CLAIM FOR
EMOTIONAL OR FOR SENTIMENTAL ATTACHMENT TO TENANT’S PROPERTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,
TENANT WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE
AVAILABLE TO TENANT. SUBJECT TO SECTION 8 AND OTHER THAN THE LIABILITY SPECIFICALLY ASSUMED THROUGH CONTENTS
PROECTION UNDER SECTION 6 IF ORDERED BY TENANT, LESSOR’S AND LESSOR’S AGENTS TOTAL AGGREGATE LIABILITY UNDER THIS
AGREEMENT FOR ANY REASON, INCLUDING FROM DAMAGE TO OR LOSS OF TENANT’S PROPERTY, SHALL NOT EXCEED $5,000.
8. LIMITATION OF LIABILITY DURING TRANSIT. Lessor's and Lessor’s Agent’s liability for damages relating to any damage to or loss of Tenant’s
personal property under this Agreement during transit between two Facilities in connection with an Inter-Franchise Move caused by either Lessor or Lessor’s
Agents is limited to $2,500. Such liability may, on request of Tenant, at the time of the acceptance of this Agreement or within a reasonable time thereafter
prior to transit, be increased from $2,500 to $3,000 by calling Lessor’s representative at (855) 858-8228. If such request is made for any order and accepted
by Lessor, the Tenant will be charged, which Tenant agrees to a pay, a one-time fee of $50.00.
9. INDEMNITY. Tenant shall indemnify, defend and hold harmless Lessor and its affiliates, and each of their respective directors, officers, members, employees,
agents and representatives (collectively, “Lessor’s Agents”) from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims,
demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, Tenant’s use of the Unit or Facility,
including, without limitation, as a result of any of Tenant’s breach of Tenant’s obligations pursuant to this Agreement.
10. LESSOR’S LIEN. LESSOR HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN TENANT’S (OR OCCUPANT’S) SPACE FOR RENT, LABOR
OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES
REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. IN ADDITION TO ANY LIEN AND REMEDIES
PROVIDED BY APPLICABLE STATE LAW TO SECURE AND COLLECT RENT, TENANT HEREBY GRANTS TO LESSOR A CONTRACTUAL
LESSOR’S LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE UNIT OR AT THE FACILITY, TO SECURE THE
PAYMENT OF ALL RENTS OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT TENANT IS IN DEFAULT OF THIS
AGREEMENT, LESSOR MAY DENY ACCESS TO THE UNIT AND BEGIN THE ENFORCEMENT OF ITS LIEN AGAINST ALL PROPERTY OF TENANT
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STORED IN THE UNIT OR AT THE FACILITY IN ACCORDANCE WITH THE LAWS OF THE JURISDICTION IN WHICH THE TENANT'S PROPERTY IS
LOCATED WHEN LESSOR COMMENCES THE ENFORCEMENT OF ITS LIEN. PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF AT THE
FACILITY OR NEAREST SUITABLE LOCATION TO SATISFY THE APPLICABLE LIEN LAW. PROCEEDS, IF ANY, FROM THE SALE OF THE
PROPERTY IN EXCESS OF AMOUNTS OWED TO LESSOR, WILL BE PAID (IF ANY) TO THE STATE TREASURER IF UNCLAIMED BY THE TENANT
AS PRESCRIBED BY APPLICABLE LAW (WHICH MAY BE ONE YEAR OR MORE AFTER THE SALE). AS LESSOR HAS NO KNOWLEDGE OF THE
CONTENTS STORED IN THE UNIT, TENANT HEREBY WAIVES ANY OBLIGATION THAT LESSOR PROVIDE A DESCRIPTION OF THE PERSONAL
PROPERTY IN TENANT’S UNIT TO THE EXTENT REQUIRED BY APPLICABLE STATE LIEN LAWS.
IN ACCORDANCE WITH APPLICABLE LIEN LAWS, PLEASE PROVIDE HERE THE NAME AND ADDRESS OF ANOTHER PERSON TO WHOM
NOTICES OF LIEN MAY BE SENT: ____________________________________________________________________
____________________________________________________________________
IF TENANT ACCEPTED THIS AGREEMENT ONLINE, ANY ALTERNATE CONTACT INFORMATION PROVIDED ONLINE IS INCORPORATED HEREIN
BY REFERENCE. IF NO ALTERNATE CONTACT INFORMATION IS PROVIDED AND NONE IS PROVIDED ABOVE, PLEASE CONTACT LESSOR TO
PROVIDE SUCH INFORMATION.
11. NO REPRESENTATIONS OR WARRANTIES. Lessor hereby disclaims any implied or express warranties, guarantees, representations of the
nature, condition, safety or security of the Unit and the Facility, including any warranties of merchantability or fitness for a particular use or
purpose. Tenant hereby acknowledges and agrees that Lessor does not represent or guarantee the safety or security of the Unit or the Facility or
of any property stored therein and this Agreement does not create any contractual duty for Lessor to create or maintain such safety or security.
Tenant further acknowledges and understands that Lessor makes no assurances or guarantees regarding the time of pick-up or delivery of any
Unit. Lessor does not make any representations or warranties that any Fuel Subsidy Charge (if applicable) or any other similar charge charged to
Tenant equals its excess fuel costs or that it will not profit from such charge.
12. ACCESS CODE (PIN). At time of order Tenant will be asked to provide a four (4) digit number which will be used as Tenant’s “PIN”. Lessor will require
the PIN before providing access to the Unit and/or before scheduling a move or delivery of the Unit. Tenant acknowledges and agrees that Lessor has the
right to provide access to the Tenant’s account (which may permit changing information, including the PIN) and the Unit to anyone providing Lessor with the
PIN, and that Lessor has the right to refuse access to the Unit by anyone, including Tenant, who does not have the PIN. Tenant should only disclose the PIN
to those persons who Tenant wants to have unrestricted access to the account and the Unit.
13. WEIGHT LIMITS. Tenant acknowledges and agrees that the maximum weight of Tenant’s property shall not exceed 4,200 pounds contained in the
Lessor’s sixteen-foot (16’) Unit, 4,700 pounds in the Lessor’s twelve-foot (12’) Unit, and 5,200 pounds contained in the seven-foot (7') Unit. The foregoing
weight limits do not apply to a Tenant that does not require the transport of Tenant’s Unit at any time by Lessor with Tenant’s contents stored inside. The
foregoing weight limits may be updated by Lessor from time to time.
14. PLACEMENT OF UNIT. Tenant acknowledges that Lessor will attempt to place the Unit on a driveway or other paved surface immediately accessible
from a street fronting Tenant’s Premises and represents such placement area shall have adequate size, clearance and structural integrity to sustain the
weight and size of the Unit, delivery truck and any other related equipment. Tenant authorizes Lessor to: (a) drive on Tenant’s lawn or other non-paved area
in order to place the Unit pursuant to Tenant’s instructions or due to a designated area lacking adequate size and/or clearance, or (b) drive on a paved
surface. In either case, Tenant assumes full risk for all damage resulting from the delivery, placement and retrieval of the Unit and Tenant releases Lessor
from any responsibility for such damage. Any deliveries or retrievals of the Unit requiring Lessor to access the Unit by way of non-paved areas shall permit
Lessor, at its option, to assess Tenant a service charge, which Tenant agrees to pay. Tenant agrees that Tenant will not relocate the Unit. In the event it is
determined that the Unit has been relocated, Tenant agrees to pay an additional fee of not less than $75.00 and up to current retail value of the Unit plus any
cost or shipping associated with the retrieval of the Unit.
15. LOCK; ALTERATIONS. Tenant shall provide, at Tenant’s own expense, a lock for the Unit which Tenant, in Tenant’s sole discretion, deems sufficient to
secure the Unit. Tenant shall not provide Lessor or Lessor’s Agents with a key and/or combination to Tenant’s lock. Unit must be properly locked by
Tenant prior to Lessor moving the Unit. Tenant shall not make or allow any alterations of any kind or description whatsoever to the Unit without, in each
instance, the prior written consent of the Lessor.
16. RIGHT TO ENTER, INSPECT AND REPAIR UNIT. Tenant shall grant Lessor, Lessor’s Agents or the representatives of any governmental authority,
including police and fire officials, access to the Unit and the premises where such Unit may be located, if necessary, as required by applicable laws and
regulations or in connection with Lessor exercising its rights as set forth in this section. In the event Tenant shall not grant access to the Unit as required, or
in the event of an emergency or upon default of any of Tenant’s obligations under this Agreement, Lessor, Lessor’s Agents or the representatives of any
governmental authority shall have the right, but not the obligation, to remove Tenant’s locks and enter the Unit for the purpose of examining the Unit or the
contents thereof or for the purpose of making repairs or alterations to the Unit and taking such other action as may be necessary or appropriate to preserve
the Unit, or to comply with applicable law including any applicable local, state or federal law or regulation governing Hazardous Materials or to enforce any of
Lessor’s rights.
17. TERMINATION. Lessor may terminate this Agreement for any or no reason effective immediately upon written notice to Tenant. Tenant may terminate
this Agreement at any time giving notice to Lessor and such termination shall be effective as of the last day of the rental month. Notwithstanding the
foregoing, Tenant shall only be entitled to terminate this Agreement provided there are no outstanding amounts owing to Lessor and Tenant is not in default
under this Agreement. Notwithstanding any provision to the contrary in this Agreement, no monthly rent shall be prorated or refunded if the termination
occurs prior to the end of a full rental month.
18. DEFAULT. The following events shall be deemed to be events of default by Tenant under this Agreement: (a) Tenant fails to pay any installment of the
rent due under this Agreement; (b) Tenant fails to comply with any term, provision or covenant of this Agreement, other than the payment of rent, and does
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not cure such failure within ten (10) days after written notice thereof to Tenant; or (c) Tenant abandons the Unit.
19. REMEDIES UPON EVENT OF DEFAULT. If an event of default shall occur, Lessor shall have the right at its election, then or at any time thereafter
while such event of default continues, to pursue the following remedies or any other remedies provided for under applicable laws under this Agreement. ALL
EXPENSES INCURRED BY LESSOR THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY
TENANT WILL BE ASSESSED TO THE TENANT (INCLUDING REASONABLE ATTORNEYS’ FEES AND OTHER EXPENSES). Lessor may immediately
deny Tenant access to Tenant’s property stored in the Unit or Lessor may immediately terminate this Agreement by giving notice to Tenant, in which event
Tenant shall immediately surrender the Unit to Lessor and if Tenant fails to do so, Lessor may, without prejudice to any other remedy which it may have for
possession or arrearages in rent, deny Tenant’s access to the Unit if located at a Facility or enter upon Tenant’s premises and take possession of the Unit
and Tenant’s property stored in the Unit, and expel or remove Tenant, without being liable for prosecution or any claim of damages therefore and Tenant
hereby agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through
inability to relet the Unit on satisfactory terms or otherwise. Lessor’s remedies are cumulative and any or all thereof may be exercised instead of or in
addition to each other or any other remedies legally available to Lessor.
20. CONDITION OF UNIT UPON TERMINATION; DAMAGE WAIVER. Upon termination of this Agreement for any reason, Tenant shall remove all Tenant’s
personal property from the Unit, unless such property is subject to Lessor’s lien rights as provided herein, and shall immediately deliver possession of the
Unit to Lessor in the same condition as delivered to Tenant on the Effective Date of this Agreement, reasonable wear and tear excepted. Tenant agrees
that any personal property left in the Unit shall be deemed abandoned by Tenant, and with respect thereto, Tenant authorizes Lessor to remove
such property from the Unit and either dispose of it in any manner in Lessor’s sole discretion and without liability to Tenant or retain such
property as collateral for payment of the removal charges and/or any other amounts due Lessor. Nothing herein shall be construed as imposing a
duty upon Lessor to store or safeguard the Tenant’s property. Tenant shall be responsible for any reasonable charges associated with cleaningup of the Unit and disposal of such property by Lessor. While the Unit is not in Lessor’s possession, Tenant accepts all responsibility for damage to or
theft of the Unit regardless of Tenant’s fault or negligence, the fault or negligence of any other person or acts of God (e.g., fire, rain, wind, etc.), and shall
reimburse Lessor for all expenses reasonably incurred by Lessor to replace or restore the Unit that shall be paid by the Tenant as additional rent. Lessor
offers optional Unit damage waiver (“Container Only Option Protection” or “COO”) that Tenant may purchase from Lessor. If Tenant purchases COO,
Lessor agrees to contractually waive Tenant’s responsibility for all of the cost of damage however caused to the Unit regardless of fault or possession of the
Unit, except that COO shall be invalidated if (a) the Unit is (i) deliberately damaged by Tenant, (ii) damaged due to Tenant’s gross negligence, or (iii)
damaged due to the storage of an item(s) prohibited by the terms of this Agreement, (b) Tenant fails to make payments for COO, or (c) Tenant fails or
refuses to provide Lessor, the police or other authorities with a full report of any accident or vandalism involving the Unit or otherwise fails to cooperate with
Lessor, the police or other authorities in the investigation of any accident or vandalism. The Container Only Option Protection applies only to the Unit
and is not protection for the contents stored in the Unit.
21. RELEASE OF TENANT INFORMATION. Tenant hereby authorizes Lessor to release any information regarding Tenant and Tenant’s tenancy as may be
required by law or requested by governmental authorities or agencies, law enforcement agencies or courts including, but not limited to, officials from local
and state code enforcement agencies.
22. NOTICES. Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms
of this Agreement may be personally served or may be served by first class mail or certified mail, deposited in the United States mail with postage thereon
fully prepaid and addressed to the party to be served at the address of such party provided for in this Agreement. Service of any such notice or demand shall
be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed delivered after deposit in the United States mail, with
postage thereon fully prepaid and sent to the last known address of the intended recipient as provided for in this Agreement. In addition, Lessor may
communicate with Tenant and provide Tenant with any written notices required by applicable law or authorized under this Agreement via
electronic mail if Tenant has provided the Lessor with an electronic address. Notices to Lessor shall be sent to 5585 Rio Vista Drive, Clearwater, FL
33760.
23. NOTIFICATION OF CHANGE OF ADDRESS. In the event Tenant shall change Tenant’s place of residence or alternate address, Tenant shall give
Lessor written notice of any such change within ten (10) days of the change, specifying Tenant’s current residence, alternate address and telephone
numbers. Failure to provide forwarding information in writing releases Lessor of any damages that might occur in the event that the Unit must be removed or
in exercising Lessor’s remedies upon an event of default. Lessor assumes no responsibility and will make no attempts to locate Tenant if such information
has not been provided.
24. ASSIGNMENT; SUCCESSION; THIRD PARTY BENEFICIARIES. Tenant shall not assign or sublease the Unit or any portion thereof without in each
instance the prior written consent of Lessor. Lessor may assign or transfer this Agreement without the consent of Tenant and, after such assignment or
transfer, Lessor shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this
Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is
intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this
Agreement. Notwithstanding the foregoing, any Lessor Agent is a third party beneficiary of this Agreement, and has the right to enforce the provisions of this
Agreement directly against the Tenant.
25. RULES AND REGULATIONS. The rules and regulations (the “Regulations”) of Lessor’s Facilities shall be posted in a conspicuous place at the Facility
are made a part of this Agreement and Tenant shall comply at all times with such Regulations while at the Facility. Lessor shall have the right from time to
time to promulgate amendments and additional rules and regulations for the safety, care and cleanliness of the Unit, Facility and all common areas of the
Facility, or for the preservation of good order and, upon the posting of any such amendments or additions in a conspicuous place at the Facility, they shall
become a part of this Agreement.
26. LOCAL ORDINANCES AND REGULATIONS. Tenant acknowledges that Tenant’s use and placement of the Unit may be subject to county, city and
local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules. Tenant assumes full responsibility for
identifying and complying with local ordinances and for any fines and/or penalties, monetary or otherwise, resulting from Tenant’s use or
placement of the Unit in violation of such ordinances, rules and/or regulations. If an authority requires Lessor to remove the Unit from Tenant’s
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premises, Lessor will attempt to notify Tenant of such requirement; provided, however, Tenant gives Lessor full authority to comply with such requirements,
and absolves Lessor of any liability for any resulting damage to Tenant’s premises or property. Additionally, if Tenant is renting or leasing the premises
where the Unit is located, other than property owned by Lessor, and the landlord of the premises requests that the Unit be removed or relocated, Tenant
gives Lessor full authority to comply with the landlord’s request, and absolves Lessor of any liability for any resulting damage to Tenant’s property or the
premises and shall indemnify and hold harmless Lessor from any claims by the landlord for damage to the premises. Tenant further understands that should
the Unit be removed by any person other than Lessor, Tenant assumes all costs, including, but not limited to, legal fees, and any removal or storage fees
that are incurred with the Unit’s retrieval and further agrees to pay Lessor for any damages that are associated with such removal and storage of the Unit.
27. FORCE MAJEURE. Lessor 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 circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any
act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure
adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather
conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
28. COMMUNICATIONS. Tenant understands and agrees that all telephonic communications with Lessor or its Agents may be recorded under the business
exception of Florida statute Chapter 934 and Texas Penal Code 16.02. By providing your cellular number to Lessor, Tenant agrees to permit Lessor to
contact Tenant using an automatic telephone dialing system and/or a prerecorded voice regarding matters relevant to your account, including, without
limitation, estimated time of arrivals and pickups of container(s), status of contract, accounts payable and gypsy moth documentation, as applicable, and any
other operational or account matters.
29. SEVERABILITY. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including
all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
30. JURY TRIAL WAIVER. Tenant agrees to waive their rights to a jury trial for any and all claims made against or through Lessor.
31. NOTICE OF CLAIMS. Tenant agrees to notify Lessor of all claims no later than the earlier of sixty (60) days from the initial discovery of the claim or
default or sixty (60) days following the expiration or termination of this Agreement and failure to do so will result in the forfeiture of said claim.
32. CONTRACTING PARTY; CHOICE OF LAW; LOCATION FOR RESOLVING DISPUTES
(a) If Tenant hires Lessor to arrange for the shipment of a Unit from a location or Facility in the U.S. to another location or Facility within the U.S. or Canada,
the contracting party for the Lessor is PODS ENTERPRISES, INC. This Agreement shall be governed and construed in accordance with the laws of the
state of Florida. Tenant consents to the exclusive jurisdiction of the state or federal courts located in Hillsborough and Pinellas Counties, Florida for any
dispute arising out of this Agreement. Tenant waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not
preclude Tenant or Lessor from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
(b) If Tenant hires Lessor to arrange for the shipment of a Unit from a location or Facility in Canada to another location or Facility within the U.S. or Canada,
the contracting party for the Lessor is PORTABLE STORAGE CANADA LIMITED. This Agreement shall be governed and construed in accordance with the
laws of the state of the Province of Ontario. Any claims by Tenant arising under this Agreement must be brought in a court of competent jurisdiction in
Ontario. Tenant waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Tenant or Lessor
from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
(c) The prevailing party in any dispute will be entitled to recover from the losing party its costs (including costs of collection, reasonable attorneys’ fees, and
investigative fees).
33. AGREEMENT UPDATE. Lessor may make changes to the terms and conditions of this Agreement from time to time by either making the updated
agreement available through Tenant’s online account or by mailing the updated agreement to Tenant’s last known address. Lessor may make such
changes, at Lessor’s option, without providing any special notice or upon 30 days prior written notice to Tenant.
34. THIRD PARTY BENEFICIARIES. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns
and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any
nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, any Lessor Agent is a third party beneficiary of this Agreement,
and has the right to enforce the provisions of this Agreement directly against the Tenant.
35. ENTIRE AGREEMENT. This Agreement, Addendum and Confirmation sets forth the entire agreement of the parties with respect to the subject matter
hereof and supersedes all prior agreements or understandings with respect thereto. There are no representations, warranties, or agreements by or between
the parties, which are not fully set forth herein, and no representative of Lessor or Lessor’s Agents is authorized to make any representations, warranties or
agreements other than as expressly set forth herein. This Agreement may only be amended by a writing signed by both parties.
36. STATE SPECIFIC DISCLOSURES. ARIZONA: Tenant is required to disclose to Lessor any lienholders with an interest in property that is or will be
stored in the Unit and whether any protected property is or will be stored in the Unit. ALABAMA, COLORADO & UTAH: All articles stored under the terms
of this Agreement will be sold or otherwise disposed of if no payment has been received for a continuous 30 day period. Tenant is required to disclose to
Lessor any lienholders with an interest in property that is or will be stored in the Unit. CALIFORNIA: Tenant’s property will be subject to a claim of lien and
may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days. Such actions are authorized by the California
Self-Service Storage Facility Act as set forth in Division 8, Chapter 10 of the California Business & Professions Code. WAIVER: Tenant acknowledges that
the California Self-Service Storage Facility Act requires Lessor to disclose to Tenant, at least 72 hours prior to delivery to Tenant of an empty Unit, this
Agreement and the terms and conditions set forth in Section 21707.1(a)(5) of California’s Business and Professions Code. Tenant acknowledges that Lessor
provided Tenant a document with such terms and conditions and that Tenant fully understands and voluntarily waives Lessor’s requirement to provide
Tenant with this Agreement and such terms and conditions at least 72 hours prior to the delivery to you of an empty Unit. FLORIDA: Please disclose to
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Lessor whether Tenant is a member of the uniformed services as that term is defined in 10 U.S.C. s. 101(a)(5). GEORGIA: The Lessor’s lien attaches as of
the date the personal property is placed into the Unit or brought to the Facility. Tenant is required to disclose to Lessor any lienholders with an interest in
property that is or will be stored in the Unit. PERSONAL PROPERTY STORED IN THE UNIT WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO
PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS 30 DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON TENANTS DEFAULT, LESSOR MAY
WITHOUT NOTICE DENY TENANT ACCESS TO THE PERSONAL PROPERTY STORED IN THE UNIT UNTIL SUCH TIME AS PAYMENT IS RECEIVED.
IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE 7TH DAY OF THE DUE DATE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED,
THE TENANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. HAWAII: Tenant’s property will be subject to a claim of lien and may even be sold to
satisfy the lien if the rent or other charges due remain unpaid for 15 consecutive days and that such actions are authorized by the Hawaii Self-Service
Storage Facility Act. IDAHO: Tenant is required to disclose to Lessor any lienholders with an interest in property that is or will be stored in the Unit.
MARYLAND: IF THE TENANT IS IN DEFAULT FOR MORE THAN 60 DAYS, THE PERSONAL PROPERTY STORED MAY BE REMOVED FROM THE
FACILTIY. MICHIGAN: Notice: If Tenant fails to make the required payments, Tenant will have to vacate the Unit or Tenant’s property may later be sold at a
public sale. Before the sale, Tenant will be notified by first-class mail and by certified mail of the amount due. The notice will be mailed to Tenant’s last
known address. In order to preserve Tenant’s right to be notified, it is important that Tenant notify Lessor in writing of any change in Tenant’s mailing
address. Also, Tenant should supply Lessor with the name and address of another person who can reach Tenant if Tenant is not at Tenant’s mailing
address, and Lessor will notify that person at the same time and in the manner as Lessor notifies Tenant. MASSACHUSETTS: The property stored in the
Unit is not insured by Lessor against loss or damage. NEW MEXICO: All items stored in the Unit will be sold or otherwise disposed of under the terms
and conditions of the Self-Service Storage Lien Act [48-11-1 to 48-11-9 NMSA 1978] if Tenant is in default. Tenant is required to disclose to Lessor any
lienholders with an interest in property that is or will be stored in the Unit. NEW HAMPSHIRE: In event that Lessor enforces its lien, a notice of the sale of
Tenant’s contents shall be served upon Tenant by Lessor in person or by registered or certified mail at the last known address, no less than 14 days before
the sale, stating the time and place of sale, the property to be sold, and the amount of the rent, charges, fees, or expenses owed. NEW YORK: Notice: The
monthly occupancy charge and other charges stated in this Agreement are the actual charges Tenant must pay. NEVADA: TENANT’S PERSONAL
PROPERTY WILL BE SUBJECT TO A CLAIM FOR A LIEN AND MAY BE SOLD TO SATISFY THAT LIEN IF THE RENT OR OTHER CHARGES
DESCRIBED IN THIS AGREEMENT REMAIN UNPAID FOR 14 CONSECUTIVE DAYS. OKLAHOMA: Tenant is required to disclose to Lessor any
lienholders with an interest in property that is or will be stored in the Unit. All property stored in the Unit will be sold or otherwise disposed of if no payment
has been received for a continuous 30 day period. OREGON: Tenant’s personal property is not protected by insurance held by Lessor. PENNSYLVANIA:
Lessor shall not be liable to Tenant or a third party for the removal or sale of personal property which is not Tenant’s property or upon which a prior lien has
attached, unless notice shall have been given to Lessor by Tenant that the property placed in the Unit was not Tenant’s property. Tenant is required to
inform Lessor of the nature and identity of any property placed in the Unit which is not Tenant’s property. RHODE ISLAND: In the event that Lessor
enforces its lien by selling Tenant’s personal property at a public auction, Lessor shall advertise the sale prior to the public auction at
www.providencejournal.com. SOUTH CAROLINA: The Lessor’s lien attaches as of the date the Tenant is considered in default. PERSONAL PROPERTY
STORED IN THE UNIT WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS 50 DAY
PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE 15TH DAY OF THE DUE DATE, OR IF ANY CHECK GIVEN IN
PAYMENT IS DISHONORED, THE TENANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. LESSOR DOES NOT PROVIDE ANY TYPE OF
INSURANCE WHICH WOULD PROTECT THE TENANT’S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE CASUALTY
LOSS. IT IS THE OCCUPANT’S RESPONSIBILITY TO PROVIDE SUCH INSURANCE. TENNESSEE: Lessor has a lien on Tenant’s stored property
that is stored pursuant to this rental agreement and the lien may be enforced by selling the property if rent and other charges are not paid for 15
or more consecutive days. Tenant is required to disclose to Lessor any lienholders with an interest in property that is or will be stored in the Unit. UTAH:
All articles stored under the terms of this Agreement will be sold or otherwise disposed of if no payment has been received for a continuous 30 day period.
You are required to disclose to us any lienholders with an interest in property that is or will be stored in the Unit. WASHINGTON: Tenant is required to
disclose any lienholders or secured parties who have an interest in the property that is or will be stored in the Unit. When any part of the rent or other
charges due from an occupant remains unpaid for 6 consecutive days, Lessor may deny Tenant access to the Unit. Tenant’s property may be subject to
claim of a lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days, and that such actions are
authorized by Chapter 19.150 RCW, Self-Service Storage Facilities. CANADA: If the Lessor coordinates either a U.S. Shipment or a Canadian Shipment for
Tenant, the parties agree that while a Unit is located within Canada, the Lessor is entitled to claim for a lien under the provisions of the Repair and Storage
Liens Act of Ontario (and similar legislation of other Provinces) for payment of all charges under this Agreement.
ADDITIONAL TERMS AND CONDITIONS FOR INTERNATIONAL SHIPMENTS
37. LESSOR’S LIEN IN CANADA. If the Lessor coordinates a shipment of a Unit for Tenant within Canada, the parties agree that while a Unit is located
within Canada, the Lessor is entitled to claim for a lien under the provisions of the Repair and Storage Liens Act of Ontario (and similar legislation of other
Provinces) for payment of all charges under this Agreement. IN ADDITION, TENANT HEREBY GRANTS TO LESSOR A SECURITY INTEREST UPON ALL
PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE UNIT OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL RENTS OR
OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT TENANT IS IN DEFAULT OF THIS AGREEMENT, LESSOR MAY BEGIN THE
ENFORCEMENT OF ITS SECURITY INTEREST INCLUDING DENIAL OF ACCESS TO THE UNIT BY TENANT, AGAINST ALL PROPERTY OF TENANT
STORED IN THE UNIT OR AT THE FACILITY IN ACCORDANCE WITH THE LAWS OF THE JURISDICTION IN WHICH THE TENANT’S PROPERTY IS
LOCATED WHEN LESSOR COMMENCES THE ENFORCEMENT OF ITS SECURITY INTEREST. PROPERTY MAY BE SOLD OR OTHERWISE
DISPOSED OF AT THE FACILITY OR NEAREST SUITABLE LOCATION AND IN A COMMERCIALLY REASONABLE MANNER AS DETERMINED BY
THE LESSOR IN ITS DISCRETION. AS LESSOR HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE UNIT, TENANT HEREBY WAIVES ANY
OBLIGATION THAT LESSOR PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN TENANT’S UNIT, TO THE EXTENT OTHERWISE
REQUIRED BY APPLICABLE PERSONAL PROPERTY SECURITY LAWS.
38. Cross-Border Fees & Taxes. Tenant shall be solely responsible for any and all applicable governmental, border, and custom charges, fees, tariffs,
taxes, or any other fees or expenses payable on the foregoing items in connection with the transportation of their belongings across the U.S.-Canadian
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border. To the extent Lessor elects to pay, in its sole and absolute discretion, any such amounts on behalf of Tenant, Tenant authorizes Lessor to
immediately charge Tenant’s credit card for reimbursement of the paid amounts.
39. Compliance with Customs Laws & Regulations. Notwithstanding any assistance or guidance that Tenant may be offered by or receive from Lessor in
coordinating the cross-border shipment from the U.S. to Canada or Canada to the U.S., Tenant acknowledges and understands it is Tenant’s sole
responsibility to comply in every respect with all customs laws and regulations shipping goods in a Unit cross border, which may include identifying in a
written “packing list” the articles in the Unit with specificity (including the contents of each box or package within the Unit). Tenant may also be required to
affirmatively represent and warrant that certain articles (such as ammunition, explosives, livestock, etc.) are not part of the contents of the Unit. Tenant must
deliver any required paperwork to Lessor’s representative when the Unit is picked-up for shipment. Tenant is advised to immediately contact the appropriate
authorities regarding procedures and requirements necessary for cross border shipments. Lessor assumes no liability, and Tenant agrees to hold Lessor
harmless, for any customs delays or any impounding of a Unit at the border by authorities and Tenant shall indemnify Lessor for any additional costs or fees
incurred by Lessor as a result of Tenant’s failure to comply with all customs laws and regulations. Tenant shall continue to be responsible for payment of rent
during any detention period at the U.S.-Canadian border.
40. Shipments From U.S. to Canada. Notwithstanding anything above to the contrary, the following additional terms and conditions shall apply if Tenant
hires Lessor to arrange for the shipment of a Unit from a location or Facility in the U.S. to another location or Facility within Canada:
(a) U.S. Export Laws. Tenant will adhere to all applicable laws and regulations of the U.S. Export Administration and will not export or re-export
any technical data or products, or the direct product of such technical data, to any proscribed country listed in the U.S. Export Administration regulations
unless properly authorized by the U.S. government. Products, services and technical data transported across international borders on behalf of the Tenant
may be subject to US export controls or the trade laws of other countries. Tenant must comply with all such laws and obtain all licenses to export, re-export
or import as may be required. Tenant will not export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S.
embargo or terrorist controls as specified in the U.S. export laws. Tenant will not use or provide products, services, or technical data for nuclear, missile, or
chemical biological weaponry end uses. Tenant is responsible for obtaining the correct Commerce Control List designation for all items being shipped by
Tenant. All Bureau of Industry and Security regulations are the responsibility of the Tenant, and the Lessor has no responsibility for the characterization or
classification of the items being shipped by Tenant.
(b) Assignment of Agreement Upon Entering Canada. Tenant acknowledges and understands that contemporaneously with the Unit crossing the
U.S.-Canadian border into Canada, this Agreement shall be assigned by Lessor to its Canadian affiliate, PORTABLE STORAGE CANADA LIMITED.
(c) Governing Law/Jurisdiction/Waiver of Jury Trial. At such time as the Unit is within Canada, this Agreement shall be governed and construed in
accordance with the laws of the Province of Ontario. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under Ontario law. Any claims by Tenant arising under this Agreement must be brought in a court of competent jurisdiction in Ontario.
Tenant waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Tenant or Lessor from
bringing an action to enforce any judgment or judicial order in any other jurisdiction.
41. Shipments From Canada to U.S. Notwithstanding anything above to the contrary, the following additional terms and conditions shall apply if Tenant
hires Lessor to arrange for the shipment of a Unit from a location or Facility in the Canada to another location or Facility within the U.S.:
(a) Assignment of Agreement Upon Entering U.S. Tenant acknowledges and understands that contemporaneously with the Unit crossing the U.S.Canadian border into the U.S., this Agreement shall be assigned by Lessor to its U.S. affiliate, PODS ENTERPRISES, INC.
(b) Governing Law/Jurisdiction/Waiver of Jury Trial. At such time as the Unit is within the United States, this Agreement shall be governed and
construed in accordance with the laws of the State of Florida. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to
be effective and valid under Florida law. Tenant consents to the exclusive jurisdiction of the state or federal courts located in Hillsborough and Pinellas
Counties, Florida for any dispute arising out of this Agreement. Tenant waives any objection to the jurisdiction and venue of such courts. This exclusive
choice of jurisdiction does not preclude Tenant or Lessor from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
42. ADDITIONAL TERMS AND CONDITIONS FOR HAWAIIAN SHIPMENTS
(a) Notwithstanding the Agreement to the contrary, the following terms and conditions shall apply for a shipment of any Unit to or from any of the Hawaiian
islands:
(i) Tenant must comply with all rules, regulations and applicable laws of the port facility for loading or unloading the Unit.
(ii) Tenant must provide Lessor with the name(s) of the person(s) or business responsible for loading and/or unloading the Unit at the port at time
of order so the shipper can be notified. Tenant acknowledges and agrees that only the name(s) given at time of order will be allowed access to the Unit at
the port facility.
(iii) Tenant must complete the loading or unloading of any Unit within two (2) business days of the Unit’s availability at the port facility. Unless
provided otherwise, the next business day after a Unit’s arrival at the port facility is the first day of availability. Tenant will be responsible for any fines,
penalties or fees (to include a daily charge of up to $50.00 per day per Unit) assessed against Lessor for Tenant’s failure to complete the loading or
unloading process in the applicable required timeframe.
(iv) All packaging materials and any other debris must be properly removed and disposed of at the port facility by Tenant. Tenant will be
responsible for any fines, penalties or fees (to include a fee of up to $75.00 per Unit) assessed against Lessor for Tenant’s failure to comply with this
paragraph.
(v) Tenant must have insurance for Tenant’s contents with a minimum amount of coverage equal to $10,000. As provided by Section 6 of the
Agreement, Tenant may satisfy this obligation by obtaining Contents Protection through the Lessor for an additional monthly fee. If Tenant does not desire to
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secure Contents Protection through Lessor, proof of insurance for at least the $10,000 minimum coverage amount must be received in writing by Lessor
prior to the delivery of any Unit to the origination port facility.
(vi) All loaded Units must be secured with Tenant’s lock prior to Tenant’s departure from the port facility.
(vii) Tenant must have a valid credit card on file which is set up on “auto-pay.”
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SERVICES CURRENTLY OFFERED ON THE ISLAND OF O’AHU:
o Full service offered by Lessor to include storage inside the Facility, on-site storage, direct moves and/or loading or unloading of Units at the
Facility. Loading or unloading of Units at the port of Honolulu is not allowed.
SERVICES CURRENTLY OFERED ON THE ISLAND OF MAUI:
o Limited service to include only on-site storage and/or direct moves. Storage of the Unit inside the Facility is not offered and loading or unloading of
any Unit at the Facility is not allowed.
o Loading or unloading of any Unit at the port of Kahului is not allowed.
o For all out-bound inter-island moves, any Unit containing Tenant’s personal property must be scheduled to move directly from Tenant’s address on
Maui to the port of Kahului.
o For all in-bound inter-island moves, any Unit containing Tenant’s personal property must be scheduled to move directly from the port of Kahului to
Tenant’s address on Maui.
SERVICES CURRENTLY OFFERED ON THE ISLANDS OF KAUA’I, MOLOKA’I, LANA’I & HAWAI’I:
o Lessor’s service is limited to loading or unloading of Tenant’s Units only at the following port facilities during normal hours of operation (not
including holidays). Hours of operation are provided by the shipper and are subject to change at any time.
Port of Nawiliwili (island of Kaua’i) 3020 Waapa Road, Pier 3, Lihu’e, HI 96766 Hours of operation: Monday, Wednesday & Thursday 7:30am‐11:30am Tuesday & Friday 7:30am‐3:30pm Saturday & Sunday closed Port of Kaumalapau (island of Lana’i) Kaumalapau Pier, Kaumalapau, HI 96763 Hours of operation: Tuesday & Thursday 7:30am‐11:30am Wednesday 7:30am‐4:00pm (closed from 11:30am‐12:30pm) Monday, Friday, Saturday & Sunday closed Port of Kaunakakai (island of Moloka’i) Kaunakakai Pier, Kaunakakai, HI 96748 Hours of operation: Monday & Thursday 7:30am‐2:30pm (closed from 10:45am‐12:00pm) Tuesday 7:30am‐11:30am Wednesday 1:00pm‐4:30pm Friday, Saturday & Sunday closed Port of Kawaihae (island of Hawai’i; West side) Pier 2, Kawaihae, HI 96743 Hours of operation: Monday, Wednesday & Thursday 7:30am‐11:30am Tuesday & Friday 7:30am‐3:30pm Saturday & Sunday closed Port of Hilo (island of Hawai’i; East side) 99 Kuhio Street; Hilo, HI 96720 Hours of operation: Monday & Thursday 7:30am‐3:30pm Tuesday, Wednesday & Friday 7:30am‐11:30am Saturday & Sunday closed 43. ADDITIONAL TERMS AND CONDITIONS FOR AUSTRALIAN SHIPMENTS
In the event Tenant hires Lessor to arrange for the shipment of a Unit from a location or Facility within Australia, the contracting party for the Lessor is PODS
AUSTRLIAN PORTABLE STORAGE (ACN 118 908 768) and the terms and conditions found at http://www.pods.com/Australia-IF-Terms.aspx (the
“Australian Terms”), which are incorporated herein by reference and made a part hereof, shall apply to this Agreement. In the event of a conflict between
the Australian Terms and the terms of this Agreement, the Australian Terms supersede.
44. CONTENTS PROTECTION - TERMS AND CONDITIONS.
If Tenant orders Contents Protection from Lessor and makes all additional payments thereunder, the below terms and conditions establishes and clarifies the
contractual liabilities of each party regarding: (i) damage to Tenant’s contents (“Contents”) while in the possession, care custody or control of Lessor, and (ii)
damage to the Container when it is not in Lessor’s possession.
As limited in this Section 44, Lessor shall be responsible for preserving and protecting specified Contents in its possession or care, custody and control; loss
arising from covered certain events; and obtaining insurance protecting Tenant’s contents from such loss. In consideration for Lessor assuming responsibility
for damage and purchasing insurance to protect the Contents from such damage, the additional fees assessed against Tenant for Contents Protection
reflects the additional costs to Lessor for providing Contents Protection for the benefit of Tenant.
REPRESENTATIONS, WARRANTIES AND DUTY TO INSURE: As limited herein, Lessor: (i) warrants its professional services rendered and the goodness
and fitness of the Unit (resistant to damage from perils such as fire, lightning, wind, hail, smoke, weight of ice, snow or sleet, or falling objects); (ii) assumes
responsibility for protecting and preserving all Contents other than specific excluded property as provided herein (“Covered Property”) in its possession or
care, custody or control from certain losses and shall be liable for loss to Covered Property in excess of a $2,500 deductible for damage caused by Named
Storms (as assigned by the World Meteorological Organization) and $100 for all other specified events; and (iii) assumes responsibility for purchasing such
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insurance as Lessor deems necessary to insure or financially back these obligations. Lessor shall only be responsible for damages occurring during such
period(s) for which the Tenant has paid Lessor all required rental, transport, storage and/or service fees due.
COVERAGE PERIOD: Coverage commences upon execution of the rental agreement or initial delivery of the first Unit and continues until the earlier of: the
expiration or termination of the Agreement; the date that the Unit is returned to Lessor, or non-payment of monthly fees.
COVERAGE TERRITORY: Lessor only covers loss occurring in the United States of America, its territories, possessions and Canada. Coverage extends
while the Unit is on Tenant’s departure or arrival destinations, in the course of transit, or warehoused at Lessor’s Facility.
PROPERTY NOT COVERED: Notwithstanding any other provision in this Section 44 to the contrary, Lessor does not assume any liability for loss or damage
to the following types of personal property: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other
than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious medals and pewter; stored value cards and smart cards; manuscripts,
personal records, passports, tickets and stamps; jewelry, watches, furs, precious and semiprecious stones, firearms; animals, birds and fish; aircraft,
hovercraft, motor vehicles and engines, trailers; property not owned by Tenant or for which Tenant is not legally liable; computer software or programs,
media or computer data contained on hard disks or drives; and any property not permitted to be stored in the Unit as provided elsewhere in this Agreement.
COVERED CAUSE OF DAMAGE: Lessor will only pay for loss to Covered Property resulting from: Fire or Lightning; Windstorm or Hail but not loss caused
by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the Unit causing an opening in a roof or wall and the rain, snow, sleet, sand
or dust enters through this opening; Explosion; Riot or Civil Commotion; Aircraft or Vehicles; Smoke; Vandalism and Malicious Mischief; Weight of Ice, Snow
or Sleet; Accidental Discharge or Overflow of Water or Steam from plumbing, heating, air conditioning or automatic fire protective sprinkler system; Falling
Objects, but only if the roof or an outside wall of the Unit is first damaged by the falling object; Burglary, excluding on-site storage customers, with evidence
of forcible break in and entry; Collapse of the Unit or of a building onto the Unit but only if the collapse was caused by a covered cause of loss; Federally
Certified Acts of Terrorism (but not to include acts of chemical, biological and nuclear terrorism); Collision, upset or overturn while the Covered Property is in
transit to or from a Facility or the tenant’s designated location or at the tenant’s origination or destination location; and any negligent acts by Lessor or
Lessor’s representatives in the handling of the Unit.
EXCLUSIONS: Lessor does not assume liability for damage caused directly or indirectly by any of the following; regardless of any other cause or event
contributing concurrently or in any sequence to loss: (1) Damage caused by improper packing, normal shifting or intentional acts; (2) Ordinance or law
regulating demolition, clean up or removal of pollutants; (3) Earth Movement, meaning: earthquake, land shock, waves or tremors; volcanic eruption;
landslide, mudslide and mudflow including earth shrinking, rising or shifting; or earth sinking, sinkhole collapse, subsidence, rising or shifting including soil
conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty; Soil conditions include contraction, expansion,
freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface; (4) Water Damage, meaning: flood, surface water,
waves, tidal water, overflow of a body of water, or their spray, all whether driven by wind or not; or mudslide or mudflow; water or water-borne material which
backs up from a sewer or drain or which overflows or is discharged from a sump, sump pump or related equipment; or water or water-borne material under
the ground surface, including water which exerts pressure on, flows, seeps or leaks through a foundation, wall, floor, ceiling, porch, sidewalk, driveway,
swimming pool, paved surface, basement, door, window or other opening; (5) War, civil war, insurrection, military action, discharge of any biological or
chemical agent or a nuclear weapon, nuclear reaction, radiation, or radioactive contamination; (6) Intentional Acts by or at Tenant’s direction with the intent
to cause loss or damage; even if the person committing the act is insane, intoxicated or otherwise impaired; (7) Destruction, confiscation or seizure of
property by order of any governmental or public authority; (8) Presence, growth, proliferation or spread of mold, fungus, wet rot, mildew, bacteria, rust,
corrosion, dampness, dryness, contamination, spoilage, decay or any expense for testing, monitoring, abatement, mitigation, removal, remediation,
restoration, neutralization, detoxification or disposal of such; (9) Wear and Tear, marring and scratching, deterioration, hidden or latent defect; nesting or
infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; (10) Chemical, biological and nuclear
terrorism and acts other than Federally Certified Acts of Terrorism; (11) Loss occurring prior to or after the Coverage Period; (12) Loss occurring prior to or
after termination of the Agreement; (13) Burglary for on-site storage customers; and (14) Mechanical/Electrical derangement.
DUTIES IN THE EVENT OF LOSS: Tenant must see that the following are done in the event of loss or damage to Covered Property: (1) Notify the police if a
law may have been broken. (2) Give Lessor or its Insurer, 30 days from date of discovery, not to exceed 30 days from the final pick up date of the Unit,
notice of the loss or damage including a description of the property involved. (3) 30 days from date of discovery, not to exceed 30 days from the final pick up
date of the Unit, give Lessor or its Insurer a description of how, when and where the loss or damage occurred. (4) Take all reasonable steps to protect the
Covered Property from further damage, and keep a record of expenses necessary to protect the Covered Property, for consideration in the settlement of the
claim. This will not increase the Lessor’s liability. However, Lessor will not be responsible for any subsequent loss or damage resulting from a cause of loss
that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. (5) Tenant will not,
except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense without Lessor’s consent. (6) As often as may be
reasonably required, permit Lessor or its Insurer to inspect the property proving the loss or damage and examine Tenant’s books and records. Also permit
Lessor or its Insurer to take samples of damaged and undamaged property for inspection, testing and analysis, and to make copies from Tenant’s books and
records. (7) Lessor or its Insurer may examine Tenant under oath, while not in the presence of any other Tenant and at such times as may be reasonably
required, about any matter relating to the claimed loss, including Tenant’s books and records. In the event of an examination, Tenant’s answers must be
signed. (8) Send a signed, sworn proof of loss containing the information requested to settle the claim. Tenant must do this within 60 days after such
request. Lessor or its Insurer will supply Tenant with the necessary forms. (9) Immediately send copies of any demands, notices, summonses or legal papers
received in connection with the claim or suit. (10) Cooperate in the investigation or settlement of the claim.
SETTLEMENT OPTIONS: Lessor’s liability shall not exceed the lesser of the following amounts after deduction of any amounts paid by a third party, and
less the applicable deductible: (1) the depreciated replacement cost; (2) Tenant’s interest in the Covered Property; or (3) limit of coverage secured by
Tenant. The deductible per loss is: $100 except $2,500 for Named Storms (i.e., name or number assigned by the World Meteorological Organization). If
Tenant’s Declared Value is less than ninety (90%) of the replacement cost, all loss settlement payments shall be reduced proportionately based upon the
relationship that the Tenant’s Declared Values bears to ninety (90%) of the replacement cost. If property is recovered for which Lessor or its Insurer have
made payment, Lessor is to be notified of such recovery. At Lessor’s option, Lessor may retain such property but there shall be no abandonment of property
to Lessor. If there is damage to Covered Property caused by more than one loss, each loss shall be adjusted separately, and the applicable deductible
amount shall be applied separately to each loss. At Lessor’s option, Lessor may pay the loss in money, or may repair or replace the damaged or stolen
Covered Property. In the event of a total loss, Lessor may require assignment of title. In case of loss or damage to any part of a pair or set Lessor may:
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repair or replace any part to restore the pair or set to its value before the loss or damage; or pay the difference between the value of the pair or set before
and after the loss or damage. In case of loss or damage to any part of Covered Property consisting of several parts when complete, Lessor will only pay for
the value of the lost or damaged part. “Replacement Cost” means the cost of reasonably restoring that property to its condition immediately before loss or
damage; or the cost of replacing that property with substantially identical property.
LOSS PAYMENT: Lessor or its Insurer will give written notice to Tenant of Tenant’s evaluation of damages and liability within 30 days after receipt the
sworn proof of loss. Lessor will not be liable for more than each party’s financial interest in the Covered Property. Payment shall be made to Tenant as loss
payee unless the Covered Property is identified as owned by others. Lessor or its Insurer will adjust losses with owners of lost or damaged property if other
than Tenant. If payment is made to owners, such payment will satisfy all claims against Lessor and its Insurer for owners’ property. Owners will not be paid
more than their financial interest in the Covered Property. Lessor’s Insurer may elect to defend Tenant against suits arising from claims of owners of property
at the Insurer’s expense. Payment for covered loss or damage shall be within 30 days after receipt of the sworn proof of loss if there has been compliance
with all the terms of this Section 44 and the parties have reached agreement on the amount of the loss; or an appraisal award has been made. Lessor will
not be liable for any part of a loss that has been paid or made good by others.
APPRAISAL: Either party may request in writing an independent appraisal of the amount of loss in accordance with the terms of the insurance policy.
RECOVERED PROPERTY: A party must give the other prompt notice if any property is recovered after loss settlement. At Tenant’s option, property will be
returned to Tenant. Tenant must then return to Lessor the amount paid for the property. Lessor will pay recovery expenses and the expenses to repair the
recovered property, subject to the limits herein.
RIGHT TO RECOVER FROM OTHERS: If any person or organization to or for whom Lessor makes payment has rights to recover damages from another,
those rights are transferred to Lessor to the extent of any payment. That person or organization must do everything necessary to secure such rights and
must do nothing after loss to impair them. Lessor shall not exercise right of recovery against Tenant or their insurers.
CONCEALMENT, MISREPRESENTATION OR FRAUD: Lessor is relieved from all responsibility and liability in any case of fraud, intentional concealment or
misrepresentation of a material fact, at any time, concerning any claim or Tenant’s interest in the Covered Property.
REASSUMING LIABILITY: With advance written notice, Tenant may reassume liability for damage to their Contents at any time.
TERMINATION: Non-payment of any applicable fees for Contents Protection or any other fees charged by Lessor under this Agreement for its services
and/or products will result in the immediate termination of Contents Protection and negate any obligation or liability being assumed by Lessor under this
Addendum. Lessor shall have the right to terminate Contents Protection at any time, at Lessor’s sole discretion, upon providing Tenant no less than 60 days
advance written notice. Termination of Contents Protection shall not terminate this Agreement.
LESSOR OBLIGATIONS INSURED: This document is not an insurance policy. The responsibilities and liability of Lessor are fully insured by an Inland
Marine Transit, Cargo, Warehouse and Personal Property Floater Insurance. Under this Agreement, Lessor is not soliciting or selling insurance to Tenant.
Lessor and Tenant are agreeing that the Lessor shall buy insurance protecting the interests and liabilities of both the Lessor and the Tenant. Tenant shall be
Loss Payee for all claims and an Additional Insured under the policy where required by law. Although Lessor and Lessor’s Agents may share information
about the insurance policy purchased by the Lessor with Tenant, Tenant understands that Lessor and Lessor’s Agents are not an insurance company or
insurance agents. Lessor has not explained any coverage or assisted Tenant in making any decision to purchase any particular insurance policy. Lessor is
not making any representations about the coverage provided by such insurance policy. Lessor’s agreement to assume responsibility for and obtain
insurance protecting Tenant’s contents from loss is not an insurance transaction. Tenant may choose to obtain supplemental insurance from their own
homeowner’s or renter’s carrier or Tenant may elect to be “self insured.”
DESCRIPTION OF GOODS. Tenant is required to disclose to Lessor any Contents stored in the Unit having a value in excess of $5,000. Tenant should
either contact Lessor or login into Tenant’s online account with Lessor in order to provide Lessor with such information.
CONTAINER PROTECTION. Container Only Option Protection as set forth in Section 20 is included as part of the Contents Protection coverage set forth in
this Section 44.
TO REPORT DAMAGES: To report damages, call the toll free number: 866-351-3724. A representative will be available to assist Tenant between the hours
of 8:00 am (EST) and 5:00 pm (EST). Otherwise, Tenant will have the option of leaving a detailed message to which Tenant can anticipate a response within
24 - 48 business hours.
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