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Terms and Conditions

LOCKER RENTAL AGREEMENT

This Locker Rental Agreement (as amended from time to time, the “Agreement”) governs the terms and conditions by and between WINTER PARK WINE STORAGE, LLC, a Florida limited liability company (the “Company”), and the below described customer (the “Tenant”) governing the storage of any and all bottles, cases or boxes of wine or other alcoholic beverages, or other items that Tenant has placed or causes to be placed in the Locker(s) or Warehouse in accordance with this Agreement (as defined in Section 1 below) (collectively, the “Tenant Property”) and the use of the Locker(s) and Warehouse described below for such purposes.  Company and Tenant agree as follows:

NOTICES TO TENANT:

THE LANDLORD OF A SELF-SERVICE STORAGE WAREHOUSE HAS A LIEN UPON ALL PERSONAL PROPERTY, WHETHER OR NOT OWNED BY THE TENANT, LOCATED AT A SELF-SERVICE STORAGE WAREHOUSE FOR RENT, LABOR CHARGES, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION. IF TENANT DEFAULTS UNDER THIS AGREEMENT, THE PERSONAL PROPERTY STORED IN THE STORAGE LOCKER(S) MAY BE SOLD TO SATISFY COMPANY’S LIEN. THIS ACTION IS AUTHORIZED BY THE FLORIDA SELF-STORAGE WAREHOUSE ACT, SECTION 83-801, FLORIDA STATUTES, ET SEQ. EXPLANATION: THE PERSONAL PROPERTY STORED IN THE LOCKER(S) MAY BE SOLD TO SATISFY THE LIEN IF TENANT IS IN DEFAULT.

COMPANY IS NOT AN INSURER AND DOES NOT PROVIDE INSURANCE COVERAGE FOR TENANT PROPERTY.  ACCORDINGLY, IT IS INCUMBENT UPON TENANT TO PROCURE INSURANCE COVERAGE TO PROTECT TENANT PROPERTY FROM LOSS OR DAMAGE AND COMPANY SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR SUCH LOSS OR DAMAGE.

__________BY INITIALING HERE, Tenant acknowledges receipt of the foregoing notices and confirms that it has procured and will maintain such insurance as Tenant deems necessary to protect Tenant Property from loss or damage.

DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT, FULLY UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  THIS AGREEMENT IS TWELVE (12) PAGES LONG.

COMPANY INFORMATION:

Company Name:  Winter Park Wine Storage, LLC, a Florida limited liability company

Company Mailing Address:  807 South Orlando Avenue, Suite M, Winter Park, Florida 32789, Attn:  Adam Chilvers

Company Phone  883.846.5625

Company Email Address:  info@winterparkwinestorage.com

Company Website:   www.winterparkwinestorage.com

TENANT INFORMATION:

Tenant Full Legal Name: (“Tenant”)

Tenant Home Address:

Tenant Mailing Address (if different from Home Address):

Tenant Home Phone: ____________________

Tenant Cell Phone: ____________________

Tenant Date of Birth: ____________________

Tenant Driver's License No.: State of Issuance: ____________________

Tenant E-mail Address: ____________________

If an email address for Tenant is identified above, Tenant authorizes Company to send all notices (including statutory lien notices) to the email address; provided, however, that Tenant may update such email address from time to time by written notice to Company and Company shall be authorized to send all such notices to the email address last appearing in Company’s records.  Tenant agrees to immediately notify Company of any changes to its name, address, phone number, phone numbers or email address and to provide current contact information to Company. If Tenant fails to do so, Tenant acknowledges and agrees that Company is authorized to communicate with Tenant at the contact information most recently provided to Company.

____________________BY INITIALING HERE, Tenant acknowledges that the email address above is complete and correct and that the Tenant consents to receiving notices, including notice of default and other statutory notices, via electronic mail. Tenant also acknowledges and agrees that by providing an email address for Tenant to the Company and/or submitting an email to the Company, the Company may electronically communicate with Tenant through that email address or addresses.  Tenant acknowledges that emails may not be confidential and may be subject to interception by third parties. Accordingly, Tenant should not submit credit card or other sensitive information to the Company via email and the Company shall not be responsible for any loss, liability, cost, damages or expenses incurred by Tenant arising out of or relating to Tenant’s failure to comply with the foregoing.

Alternate/Emergency Contact Name:

Alternate Contact Telephone Number:____________________

Tenant authorizes the Company to contact the above-named alternate/emergency contact person(s) in the event of casualty (fire, accident or damage, etc.), or other emergency, or if Company is unable to reach Tenant.

Is Tenant or Tenant's spouse a member of the "Uniformed Services" of the United States, meaning a member of the armed forces; the commissioned corps of the National Oceanic and Atmospheric Administration; or the commissioned corps of the public health service?

(Choose One) __________ YES__________NO

If YES, Military Information Addendum is required.

Is there a lien on any of the items to be stored?

(Choose One) __________ YES__________NO

If YES, Lien Addendum is required.

WAREHOUSE INFORMATION:

Location & Warehouse Information: The Company’s storage facilities are located at 807 South Orlando Avenue, Suite M, Winter Park, Florida 32789 (the “Warehouse”).  The Warehouse offers temperature and humidity-controlled facilities, with key card access availability, security cameras and security alarms, and secured storage lockers.

Access Hours:  The Warehouse and Tenant’s Locker(s) may be accessed by Tenant from the hours of 7:00 a.m. to 10:00 p.m. local time, seven (7) days a week (the “Operating Hours”).  Tenant acknowledges and agrees that the Warehouse is not staffed 24 hours per day and may not be staffed during all Operating Hours.

LOCKER INFORMATION:

Locker Number(s) & Location in Warehouse: (“Locker” or “Lockers”)

Rental Agreement Date: (“Rental Agreement Date”)

Initial Payment Due on Rental Agreement Date:  $____________

Next Payment Due on the ____ day of the month (“Renewal Date”)

Tenant shall be solely responsible for providing a lock for Tenant’s Locker(s).  The Company has locks available for purchase by Tenant or Tenant can separately purchase such lock(s).  The Company is not responsible for any losses, damages, claims, causes of action or other consequences arising out of or relating to the failure on the part of Tenant to properly secure the Locker(s).

FEE SCHEDULE:

Administrative Fee:  $_____________

Monthly Rent:  $_____________ (“Rent”)

Applicable Monthly Sales Tax:  $___________, as adjusted from time to time to reflect the applicable sales tax rate imposed by governmental authorities (“Sales Tax”)

Insufficient Funds Charge on Dishonored Payments:  $_______

*See Section 6 and other provisions of this Agreement for additional fees and charges payable by Tenant.

The foregoing fees, Rent, taxes, insurance and other amounts payable hereunder (collectively, excluding the Rent, the “Additional Rent”) may be adjusted from time to time by Company in Company’s sole discretion, provided that such adjustments shall be prospective only and Company shall notify Tenant in advance of such adjustments as required under Section 1 below.

  1. Month-to-Month Term and Renewal: This Agreement is for the lease of the self-storage Locker(s) (listed in the Locker Information Section of this Agreement) from Company beginning on the Rental Agreement Date listed in the Locker Information Section of this Agreement.  This Agreement shall be on a month-to-month basis and shall automatically renew for successive one month periods on the Renewal Date of each month unless terminated in accordance with this Agreement. A one (1) month minimum rental is required. No Rent refunds are made. Any terms of this Agreement, including but not limited to, Rent, fees, rules, regulations, covenants, and terms or conditions of occupancy, may be changed by Company upon no less than thirty (30) days prior written notice to Tenant in person, by mail, or by e-mail. If Tenant does not terminate this Agreement in accordance with the provisions hereof and vacate the Locker(s) prior to the effective date of any change to the terms of this Agreement, the change shall become effective and apply to Tenant’s occupancy and use of the Locker(s).

  1. Rent is Due on the Renewal Date of Each Month: Rent shall be in the amount specified in the Fee Schedule set forth above, payable monthly to Company in advance, without demand or notice, on the Rental Agreement Date and on each Renewal Date of each month during the term of this Agreement and any extensions or renewals thereof. Tenant agrees to pay Rent in person at the Warehouse, by mail to the Warehouse, or with credit card (in person at the Warehouse, via phone authorization, by written authorization, via the Internet), and shall not mail or deliver Rent in the form of cash into the Warehouse by any “drop slot”.  Company does not guarantee availability or functionality of website or phone pay systems. Tenant understands and agrees the Warehouse may not have an office or it may have an office that it is not staffed at all times. It is expressly agreed that Company does not send monthly statements or reminders of Rent due dates. Tenant may request monthly billings by mail or e-mail. A Two Dollar ($2.00) service charge shall be charged for each invoice that is mailed. Tenant shall not fail to pay Rent even if Tenant does not receive an invoice or bill. Company may require payments of Rent to be in the form of money order or cashier’s check in the event Tenant is in Default or has any payment to Company returned for any reason, including insufficient funds. Rent is non-refundable. Access to payment by internet is automatically disabled if Tenant is thirty (30) or more days delinquent. Any Rent payment made through the internet must be in the full amount due at the time of payment.  If less than full payment is made over the internet, the payment shall be deemed automatically refused and any sums submitted shall be returned to Tenant at Tenant’s last known address, even if Tenant obtains a receipt from the internet site. No payments, including internet payments, can be made within forty-eight (48) hours of a lien sale unless made by hand to Company and accepted by Company at the Warehouse. Company reserves the right to refuse payment by check or credit card if Tenant is more than thirty (30) days delinquent.

  1. Credit/Debit Card or Bank Account (ACH) Authorization for Payment of Rent and Other Charges: If Tenant has authorized Company to automatically charge or debit a credit/debit card or bank account (which is owned by the Tenant or upon which Tenant has authority to charge) on the Renewal Date or as soon as reasonably practicable thereafter, in the amount stated in the Fee Schedule section of this Agreement, as Rent and Additional Rent for each and every month Tenant continues to occupy the Locker(s), this authorization shall continue for future credit/debit card or bank account information provided and include any increases in Rent and Additional Rent assessed to the Tenant. In any circumstance, in the event Tenant terminates this authorization or the Agreement owing any Rent or other charges due to Company, Company may charge/debit Tenant’s credit/debit card or bank account any sum due and owing upon termination including, but not limited to, damages to the Locker(s) or Warehouse, outstanding Rent and Additional Rent due, any other Default charges, clean up charges, disposal charges, and any other sums due and owing at termination. The authorization to charge/debit Rent, Additional Rent or other charges shall survive if any sums are due and owing at the time of termination of the charge/debit authorization or the termination of the Agreement. It shall be Tenant’s sole responsibility to provide Company with accurate, current and working account information. The failure to provide such may result in non-payment of Rent, Additional Rent and other accrued charges, allowing Company to sell the personal property in the Locker(s). It shall be Tenant’s sole responsibility to verify that payments are made and by what method payments are made.  If any payment is dishonored by Tenant’s bank or credit card provider, Company reserves the right to impose an Insufficient Funds Charge (“NSF Charges”) for each such dishonored payment, which shall be in addition to and not in lieu of any other rights or remedies of Company.  The current NSF Charges are set forth in the Fee Schedule section of this Agreement.

  1. Administration Fee: Contemporaneously with the execution of the Agreement, Tenant has paid to Company a non-refundable Administration Fee in the amount listed in the above Fee Schedule section of this Agreement. The Administration Fee is intended to defray some of the initial set-up, preparation costs, and other expenses incurred in entering into a new self-storage Agreement.  This Administration Fee is non-refundable under any circumstances.

  1. Termination: Tenant may terminate this Agreement at any time if all Rent, Additional Rent and charges are paid in full through the end of the rental period and Tenant notifies Company of Tenant’s vacating of the Locker(s) at least ten (10) days before the end of the rental period. Company may terminate this Agreement by giving Tenant ten (10) days written notice prior to the end of any rental period. Notwithstanding the above, Tenant may exercise immediate termination rights (including denial of access to the Locker(s) and Warehouse) in the event that Tenant or Tenant’s invitees utilize the Locker(s) or Warehouse for an unlawful purpose or are found to be engaged in illegal activity at the Warehouse.  Company may also exercise immediate termination rights (including denial of access to the Locker(s) and Warehouse) in the event that Tenant or Tenant’s invitees create a nuisance or engage in disruptive, criminal, or other Company-prohibited behavior that threatens the safety of other users and/or the preservation of the Locker(s) and/or Warehouse. The Locker(s) shall be left free of trash, Tenant shall remove all personal property, and the Tenant’s lock must be removed (or additional Rent may accrue). Tenant shall fully vacate by the date stated in Tenant’s or Company’s notice, as applicable. Company charges and Tenant is responsible for a Fifty Dollar ($50.00) per hour charge for cleaning the Locker(s) and disposing of any remaining personal property left therein, minimum one-half (1/2) hour, plus costs including any disposal fees, if Company must remove personal property.

  1. Fees:

    1. Default Charges and Fees: Tenant is in Default if Rent or Additional Rent remains unpaid after five (5) days from the date Rent is due, and any Rent or Additional Rent accepted thereafter shall be at the sole discretion of the Company. If Tenant is in Default, the following fees shall be charged:

      1. Late Fee/Overlock/Deactivate Gate/Deactivate Lock Fee (on the 6th day after Rent is due) $ 20.00 or 20% of Rent (whichever is greater)

      2. Notice of Default Fee (on the 21st day after Rent is due) $ 10.00

      3. Administrative Lien Fee (on the 30th day after Rent is due) $ 85.00

      4. Sale Fee:  Actual Auctioneer Costs

      5. Interest on the past due amounts @ the lesser of (x) 18% per annum, or (y) the highest rate of interest permissible under Florida law, commencing on the due date and continuing until all past due amounts are paid in full.

    1. Other Charges and Fees- The following charges may be applied to the Tenant’s account if any of the following occur.

      1. Credit Card Chargeback Fee $ 25.00 + Applicable Late Fees + Bank Charges

      2. Cleaning & Disposal Fee (1 hour minimum) $ 50.00 per Hour

      3. Lock Cut Fee (at Tenant’s request) $ 50.00

For the purpose of determining if Rent or Additional Rent is paid on time, the date the payment is received and processed in the Warehouse by Company, not the postmark or issued date, is used. Notwithstanding the date that other fees and charges are imposed, if Rent or Additional Rent payment is not received within five (5) days of the due date, Company may begin enforcement of its lien against personal property stored in the Locker(s). Tenant shall pay Company all other costs and expenses incurred by Company arising as a result of or related in any manner to a breach of this Agreement by Tenant, including without limitation any charges incurred for Rent, Additional Rent, late fees, or other charges and expenses incurred in enforcing Company’s lien, Company’s collection of any amount owed by the Tenant, or the exercise of any remedy by Company upon a Default by Tenant (including the sale or other disposition of personal property) as permitted under this Agreement or by law.  Tenant shall be liable to Company for Company’s attorney’s fees incurred in enforcing any of Company’s rights or Tenant’s responsibilities under this Agreement. All payments received are applied first to the oldest charge.

  1. Use of Locker(s) and Prohibited Storage: The Locker(s) shall be used and occupied only for the storing of personal property owned by Tenant.  Tenant will have access to the common areas of the Warehouse, but shall not be permitted to store any personal property thereon or otherwise use such common areas for any purpose other than accessing Tenant’s Locker(s).  Tenant shall keep the Locker(s) and Warehouse in a clean and sanitary condition and free of rubbish, liquid waste, or refuse. No guns or dangerous weapons may be stored in the Locker(s). Tenant shall not use the Locker(s) for the use or storage of any food; animal feed (including seed); storage of any explosives; highly flammable, dangerous, hazardous, or toxic materials or substances (as defined below); noxious smelling items; items which emit a gas or odor when exposed to moisture; contraband or illegal substances; or for any unlawful purpose of any nature or kind. Tenant shall not engage in any activity in the Locker(s) or Warehouse which produces or releases such prohibited materials. Tenant shall not store any personal, credit or medical records in the Locker(s). Tenant shall not use the Locker(s) for storage of any gasoline or other fuel, oil, grease, or any other lubricant, tires or batteries, or any other accessories. No propane or empty propane canisters, gas canisters or oxygen tanks may be stored in the Locker(s).  Tenant shall not live or sleep in the Warehouse, nor shall animals be permitted in the Locker(s) and/or Warehouse.  Tenant shall not use or allow the Locker(s) and/or Warehouse to be used for the release, storage, use, treatment, disposal, or other handling of any hazardous substance. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means:  (i) Any substance defined as a “hazardous substance” under CERCLA; (ii) Petroleum, petroleum products, natural gas, natural gas liquids, liquefied natural gas and synthetic gas, and (iii) Any other substance or material deemed to be hazardous, dangerous, toxic, or a pollutant under any federal, state or local law, code, ordinance or regulation.

  1. Limitation on Company Liability: IN NO EVENT SHALL COMPANY, ITS AFFILIATED PERSONS OR ENTITIES, REPRESENTATIVES OR AGENTS BE LIABLE UNDER THIS AGREEMENT TO TENANT OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR DIMUNITION IN VALUE ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR MORE CULPABLE CONDUCT), LOSS OR DAMAGE OR SPOILAGE TO OR OF TENANT PROPERTY, OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS ACTUALLY PAID BY TENANT TO COMPANY PURSUANT TO THIS AGREEMENT IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $5,000, WHICHEVER IS LESS.  TENANT HAS ENTERED INTO THIS AGREEMENT ACKNOWLEDGING AND AGREEING THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 8 AND ELSEWHERE IN THIS AGREEMENT REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACTUAL REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT SUCH PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

  1. Damages: Tenant shall be responsible to Company for the costs of repair, clean-up, and replacement for any damages caused as a result of Tenant’s storage in the Locker(s), use of the Locker(s), or use of the common areas of the Warehouse including without limitation damage to other lessees’ personal property. In the event Company invoices Tenant for any charges for repairs, clean-up, replacement, or other damages suffered, Tenant shall pay the invoice within ten (10) days or it shall become Additional Rent due and payable with the next month’s rental obligation. The failure to pay such invoice represents a Default under this Agreement. This Section 9 and the requirement to pay for any damages shall survive the termination of this Agreement.

  1. Insurance: COMPANY DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT PERSONAL PROPERTY STORED IN THE LOCKER(S) OR AT THE WAREHOUSE FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE TENANT'S SOLE RESPONSIBILITY TO OBTAIN SUCH INSURANCE. Tenant, at Tenant's sole expense, shall secure Tenant’s own insurance to protect Tenant and Tenant Property stored in the Locker(s) against all perils of any nature whatsoever. Whether Tenant does or does not procure such insurance, Tenant assumes all risk of loss, damage, or theft to stored property which would be covered by such insurance. Insurance carried by the Company is for the sole benefit of the Company and Tenant shall make no claim against Company's insurance and hereby waives any right of recovery against Company and its insurers. WHILE CERTAIN INFORMATION MAY BE MADE AVAILABLE TO TENANT WITH RESPECT TO INSURANCE (“Tenant Insurance”), COMPANY AND COMPANY'S AGENTS ARE NOT INSURERS, ARE NOT AFFILIATED WITH ANY INSURANCE COMPANY, DO NOT ACT AS ANY INSURANCE COMPANY'S AGENT, BROKER, OR SOLICITOR, AND DO NOT ASSIST IN THE EXPLANATION OF COVERAGE OR IN THE MAKING OF CLAIMS UNDER ANY INSURANCE POLICY.  TENANT REPRESENTS AND WARRANTS THAT IT UNDERSTANDS THE FOREGOING AND THAT, IN ENTERING INTO THIS AGREEMENT, TENANT HAS NOT RELIED ON ANY STATEMENTS, REPRESENTATIONS, WARRANTIES OF COMPANY OR ITS EMPLOYEES OR REPRESENTATIVES RELATIVE TO TENANT INSURANCE.

  1. Security Equipment, Etc.: Company employs certain measures to protect and control the Warehouse and Company’s property, but does not represent, warrant or guarantee that (1) these systems are adequate to avoid loss or damage to Tenant’s personal property, or (2) that these systems will function uninterrupted or without error.  These systems may include (depending on the Warehouse) lighting and video cameras, recording devices and security systems. Tenant acknowledges that video cameras and alarms may not be monitored at all times, and that these systems may not operate properly in the event of a mechanical, electrical, or software failure.  Video cameras may not be recorded or may not be recorded at all times and may not record all parts of the Warehouse. Surveillance videos may be subject to disposal within a short period of time after the date of recording. The operation or failure of any type of security, fire protection or other system installed by Company shall not change Company’s non-liability for any type of loss or damage incurred by Tenant and/or any provision of this Agreement which limits Company’s liability hereunder, and shall in no way release Tenant from Tenant’s obligation of insuring personal property stored in the Locker(s).  Tenant has inspected the Warehouse and the Locker(s) and has made Tenant’s own determination as to the adequacy of the Warehouse and Locker for Tenant’s own purposes. Except for the foregoing systems installed at the Warehouse, Company does not provide security for property stored in the Locker(s) or security of any persons at the Warehouse. Tenant waives any implied or express warranties, guarantees, or representations as to the nature, condition, safety and/or security of the Locker(s) and the Warehouse.

  1. Access: Tenant’s access to the Locker(s) and the Warehouse may be limited as deemed necessary by Company, including, but not limited to, requiring identification from Tenant, limiting hours of operation, or requiring Tenant to sign-in and sign-out upon entering and leaving the Warehouse, and including the temporary closure of portions of the Warehouse for repairs and maintenance.  Company may change the normal times and methods of access to the Warehouse with thirty (30) days written notice posted at the Warehouse or mailed or e-mailed to Tenant. In the event of an emergency at or around the Warehouse, Company may require Tenant enter only when escorted by Company’s employees or agents. Company shall not be liable to Tenant for Tenant’s or Tenant’s invitee’s inability to gain access due to mechanical failure, misuse of entry code(s) or access control devices, or any other reason.

  1. Temperature Control: Company does not warrant or guarantee temperature or humidity ranges in the Warehouse. Tenant waives any claim for loss of or damage to or spoilage of Tenant Property from Company’s failure to regulate the temperature and/or humidity in the Locker(s) from any cause whatsoever, including mold or mildew or spoilage, even if such damage is caused by the active or passive acts or omissions or negligence of Company.

  1. Mold: Tenant understands that there is a risk of the growth of mold and/or mildew on personal property, even in an air conditioned space. Company does not warrant the Locker(s) to be water-tight or dry. Mold is a naturally-occurring substance and mold may appear or grow on personal property. To help avoid mold, Company recommends storing personal property off the concrete floor. Tenant understands that any personal property brought into the Locker(s) that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Locker(s) even if Company air conditions the Warehouse. Tenant agrees to periodically inspect the Locker(s) and the personal property and take such actions as may be necessary to avoid loss or damage to its personal property. Tenant agrees and acknowledges that Company is not liable for the growth of mold or mildew on stored property.

  1. Locked Locker(s); Tenant’s Risk; Abandonment: Tenant is required to keep the Locker(s) locked using one lock per door. If this Locker(s) uses cylinder locks, Tenant shall use only the cylinder lock. Company maintains no key to any cylinder lock. In the case of a cylinder lock, Tenant shall not place any lock on any hasp or other sliding portion of the latch mechanism, as these areas are reserved for use by Company. In the event the Warehouse does not require cylinder locks, Tenant is required, in Tenant’s sole discretion, to select and use a lock which Tenant deems suitable for use in a self-service storage situation. Company does not retain a key to Tenant’s lock. Tenant shall place only one lock on one hasp. The other hasp is reserved for Company’s use. If a lock is removed for a reason described elsewhere in the Agreement, including Default by Tenant, then Tenant shall replace the lock with another lock at Tenant’s sole expense. If the Locker(s) is found open, or if a lock is removed for an inventory or sale, Company may, but is not required to, lock the Locker(s) at Tenant’s expense. All personal property stored by Tenant within the Locker(s) shall be at Tenant’s sole risk. If the Locker(s) is not locked, Rent remains unpaid after seven (7) days from the date Rent is due, and Company determines the items contained in the Locker(s) have a marketable value of under Two Hundred Fifty Dollars ($250.00), Company may consider the Locker(s) abandoned, dispose of or sell all personal property in the Locker(s), and terminate the Agreement with no liability for any loss, damage, or casualty however caused to such personal property. Company may dispose of or sell the personal property abandoned in the Locker(s). Company is not a warehouseman engaged in the business of storing goods for hire. Company shall have no obligation to exercise any care, custody, or control over personal property stored in the Locker(s). Company assumes no responsibility for any loss, damage, or casualty however caused to such personal property.

  1. Release of Liability: COMPANY IS NOT ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE AND NO BAILMENT IS CREATED UNDER THIS AGREEMENT. COMPANY EXERCISES NEITHER CARE, CUSTODY NOR CONTROL OVER STORED PROPERTY. ALL PERSONAL PROPERTY STORED WITHIN OR UPON THE LOCKER(S) AND AT THE WAREHOUSE BY TENANT SHALL BE AT TENANT'S SOLE RISK. TENANT RELEASES COMPANY, COMPANY’S EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ALL LIABILITY FOR ANY LOSS OF OR DAMAGE TO ANY PERSONAL PROPERTY AT THE WAREHOUSE ARISING FROM ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, FIRE, WATER, THE ELEMENTS, MOLD, MILDEW, SPOILAGE, ACTS OF GOD, THEFT, BURGLARY, VANDALISM, MALICIOUS MISCHIEF, MYSTERIOUS DISAPPEARANCE, RODENTS, PESTS, INSECTS, SMOKE, FLOOD, HURRICANES, RAIN, TORNADOES, EXPLOSIONS, MALFUNCTION OF UTILITIES, ALARM, OR SPRINKLER SYSTEMS, OR THE ACTS OR PASSIVE ACTS OR FAILURE TO ACT OR NEGLIGENCE OF COMPANY, COMPANY’S EMPLOYEES, OR COMPANY’S AGENTS. TENANT FURTHER RELEASES COMPANY, COMPANY’S EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ALL LIABILITY FOR PERSONAL INJURIES OR DEATH TO PERSONS INCLUDING TENANT AND TENANT’S FAMILY OR INVITEES ARISING OUT OF TENANT’S USE OF THE LOCKER(S) OR WAREHOUSE. TENANT UNDERSTANDS THAT THIS RELEASE OF COMPANY’S LIABILITY AND THE LMITATION OF LIABILITY, INDEMNIFICATION AND WAIVER OF SUBROGATION PROVISIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, EACH CONSTITUTE A BARGAINED FOR CONDITION OF THIS AGREEMENT AND COMPANY’S WILLINGNESS TO ENTER INTO THIS AGREEMENT, AND THAT IF SUCH LIMITATIONS, WAIVERS AND RELEASES WERE NOT IN PLACE, A SUBSTANTIALLY HIGHER RENT WOULD HAVE TO BE AGREED UPON OR COMPANY WOULD NOT ENTER INTO THIS AGREEMENT.

  1. Indemnification; Waiver of Subrogation: Tenant agrees to cause Tenant’s insurers to waive any right of subrogation against Company, Company’s insurers, employees, agents and representatives and/or to waive any right of recovery against Company or such other persons or entities. Tenant agrees to indemnify, defend, and hold Company harmless from any and all losses, claims, demands, lawsuits (including attorneys’ fees and costs), damages, liability, expenses, fines, or penalties arising out of or related in any manner to Tenant's use of the Locker(s), the Warehouse, and/or common areas. Tenant shall also pay Company for all of Company’s attorney fees incurred in enforcing any obligation under this Section 17.  For purposes of clarity, it is the parties’ intentions that Company’s insurance provide insurance coverage for Company and its property and that Tenant’s insurance provide insurance coverage for the Tenant Property and that Tenant and its insurers shall have no claims against Company or its insurers for any loss or damage to Tenant Property.

  1. Company May Enter: Company, Company’s employees or agents, and the representatives of any governmental or quasi-governmental authority, including police and fire officials, shall have the right to remove Tenant’s lock and access the Locker(s), without notice to Tenant, to take such action as may be necessary to preserve Company’s property in the event of an Emergency, or to comply with any applicable law, governmental or court order, warrant, subpoena, or to enforce any of Company’s rights. For the purposes of this Agreement, “Emergency” shall be defined as any event which jeopardizes the health, safety, and/or well-being of any person or of the Warehouse or any of the buildings or the land appurtenant to the buildings or any other personal property or chattels stored at the Warehouse. Company shall further have the right, on a non-emergency basis, to remove Tenant’s lock and enter the Locker(s) with reasonable notice to Tenant to make any repairs, replacements, or other desirable improvements or conduct any inspections of Company’s property (“Work”). Company will endeavor to provide a minimum of three (3) days notice to Tenant of the Work and, if Tenant is available, will schedule an appointment with Tenant to remove Tenant’s lock to allow the Work. If Tenant is unavailable or unable to provide Company access, Company may cut or remove and replace the lock after the Work has been completed with a lock of similar or better quality at Tenant’s expense. Tenant may obtain keys to the replacement lock from the Management Office during office hours.

  1. Responsibility to Inspect Locker(s): Tenant shall immediately notify Company should Tenant become aware of any noxious odors, sounds, or other conditions, including without limitation, the presence of any mold or similar condition in Tenant’s Locker(s) or emanating or spreading from or through any other Locker(s). Upon receipt of such notification, or should Company become aware of such conditions, Company may, notwithstanding anything to the contrary to this Agreement, access Tenant’s Locker(s) without notice to make any such necessary inspection, repair, or alteration. Should any such conditions result from Tenant’s use of the Locker(s) or from a breach by Tenant of the terms of this Agreement, all expenses incurred by Company in addressing such conditions shall be paid by Tenant on demand and if not paid, shall become Additional Rent. Tenant agrees to periodically inspect Locker(s).

  1. Company’s Lien: PURSUANT TO THE FLORIDA SELF-STORAGE WAREHOUSE ACT 83-801 ET SEQ., THE OWNER OF A SELF-SERVICE STORAGE WAREHOUSE, THE OWNER’S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS HAVE A LIEN UPON ALL PERSONAL PROPERTY, WHETHER OR NOT OWNED BY THE TENANT, LOCATED AT A SELF-SERVICE STORAGE WAREHOUSE FOR RENT, LABOR CHARGES, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION. EXPLANATION: THE PERSONAL PROPERTY STORED IN THE STORAGE LOCKER(S) MAY BE SOLD TO SATISFY THE LIEN IF TENANT IS IN DEFAULT. In no event shall the Company’s liability exceed the proceeds of the sale. Company reserves the right to utilize on-line auction services to manage the sale of personal property as a result of Tenant’s default and the foreclosure of Company’s lien. Tenant consents to the use of on-line auction services.

  1. Defaults; Company Remedies: If Tenant breaches any term or condition of this Agreement (a “Default”), Company, in addition to such other rights Company may have under this Agreement and law, shall have the right to terminate this Agreement. If Tenant fails to pay any Rent, Additional Rent or other charges when due or if the Agreement is terminated by Company for cause, Company may: (i) deactivate access to the Warehouse and the Locker(s) upon Default; (ii) overlock or otherwise place a device to prevent Tenant’s access to the Locker(s) and the placement of Company’s overlock or other deactivation device, along with the written notice sent to Tenant, shall serve as constructive notice that Company has not received Rent or Additional Rent from Tenant for the current term; (iii) remove Tenant’s lock and access the Locker(s); however, Rent, Additional Rent and other charges shall continue to accrue in an overlock or lock removal situation until the Locker(s) is rented or released; (iv) inventory and/or take possession if desired of the personal property located in the Locker(s); (v) sell or dispose of the personal property in the Locker(s) as permitted by law; or (vi) pursue any and all remedies available, at law or equity, including a forcible entry and detainer action against Tenant. The act of overlocking/denying access or removing Tenant’s lock shall not constitute an election of a remedy by Company, and shall not constitute Company taking possession of, or a bailment over, the personal property. The obligation to pay Rent and other charges shall not be terminated by the overlock or lock removal. If Tenant is in Default and is overlocked or if the lock is cut and replaced with Company’s lock, Company is not required to remove the overlock or take off Company’s lock until the next scheduled lock removal day after payment has been made in full. If Tenant needs access prior to the next scheduled lock removal day, a $35.00 service charge shall be imposed and is payable prior to Company’s representative departing to the Warehouse. Company does not guarantee a representative will be available to remove a lock in advance of the scheduled lock removal date. Lock removal payments made by check will be unlocked seven (7) to ten (10) days after payment to ensure check has cleared. After hours lock removal is not available. Company reserves the right not to remove its replacement lock (after lock cut) until Tenant is present and replaces the lock with Tenant’s own new lock, or Company in its sole discretion can remove its lock leaving the Locker(s) unlocked. Company may require Tenant to obtain keys to a replacement lock from the Company during office hours. In any case Company shall not be liable to Tenant for any damages Tenant suffers as a result of not being able to access the Locker(s) after late payment arising from failure to immediately remove Company’s lock or overlock. All remedies available to Company shall be cumulative and the exercise of one or more remedies shall not exclude or waive Company’s rights as to any other remedy.

  1. Notices: Except as otherwise required by law, all notices under this Agreement from Company to Tenant shall be mailed by first class U.S. mail, postage pre-paid, to Tenant’s last known address, or e-mailed to the e-mail address provided by Tenant in this Agreement (or to subsequent written changes to that e-mail address that Tenant provides) and shall be conclusively presumed delivered when mailed or, if e-mailed, when the e-mail is sent by Company. All electronic communications shall have the same legal effect as if made in non-electronic form. All notices from Tenant to Company shall be hand delivered to the Management Office, mailed by Certified Mail Return Receipt Requested to Company at the Management Office, or e-mailed to Company at Management Office E-mail Address listed on the first page of this Agreement. Any and all e-mails from Tenant to Company must be acknowledged in writing by Company to be deemed delivered. Tenant is responsible for notifying Company in writing of any change in Tenant’s address or e-mail address or of intent to vacate at the end of the term via one of the following methods: Certified Mail Return Receipt Requested to the Warehouse or in person at the Warehouse.  Tenant’s change of address will become effective when received and acknowledged by Company. It is Tenant's responsibility to verify that Company has received and recorded the requested change of address. Tenant’s change of address cannot be made by telephone or by listing such information on returned envelopes or checks.

  1. Partial Payments or Payment in the Event of Default: Partial payments shall not be accepted unless agreed to in writing. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Tenant. Tenant agrees and understands that partial payments made to cure a Default for nonpayment of rent will not delay or stop foreclosure and sale of personal property. Only full payment on the Tenant’s account prior to the published auction date will stop a scheduled sale of the stored property.

  1. Assignment and Subletting: Tenant may not assign Tenant’s rights under this Agreement or sublet the Locker(s) without the prior written consent of Company. This Agreement shall be binding upon the heirs, assigns, executors, administrators, representatives, and successors of the parties hereto.

  1. Governing Law; Jury Trial; Severability: This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. Company and Tenant agree to waive their respective rights to trial by jury of any cause of action, claim, counterclaim or cross complaint in any action arising out of or connected in any manner with this Agreement, including any action for bodily injury, death, or personal property damage. Company and Tenant further agree that the federal or state courts in the county in which the Warehouse is located in Florida shall have exclusive jurisdiction for any litigation related to this Agreement. If any part or provision of this Agreement is determined to be unenforceable by a court of law, the parties agree that all remaining parts or provisions of this Agreement shall remain in effect and be valid and enforceable.

  1. Entire Agreement: This Agreement is the entire agreement between the parties and supersedes any and all prior oral or written representations or agreements and may only be modified in writing signed by Tenant and Company's representative; except as set forth in Section 1. The Company’s agents’ and employees’ oral statements, assurances, representations and warranties are not binding on Company and Tenant represents that it has not relied upon any such oral statements, assurances, representations or warranties in entering into this Agreement and will not rely upon any such oral statements, assurances, representations or warranties after the date hereof. The entire agreement and understanding of the parties hereto with respect to the subject matter of this Agreement are embodied in the terms and conditions of this Agreement and there are no other representations, warranties or agreements relating to the subject matter of this Agreement which are not expressly set forth in this Agreement.

  1. Counterparts, Headings and Gender: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and when taken together shall constitute one Agreement. The headings in this Agreement are only for the convenience of both parties. In the event of any conflict between the heading and the language of the term, the language of the term shall control. Whenever the context so indicates the masculine, feminine, or neuter gender and the singular or plural number shall be deemed to include the others.

  1. Dispute Resolution:

    1. Generally: Realizing that in self-storage relationships there is always a possibility of differences of opinion or other disagreements and that what is most important is to resolve certain disputes amicably, quickly, inexpensively, and professionally and to return to business as soon as possible, it is with this spirit of cooperation that Company and Tenant pledge to resolve disputes as set forth in this Section 28.

    1. Mediation: Any dispute arising out of or concerning this Agreement shall, upon the request of any party, be submitted to non-binding mediation before any mediator or mediation organization approved by Company and Tenant and located within 15 miles of the Warehouse. In the mediation, Company and Tenant shall each be represented by an individual authorized to make binding commitments on their respective behalves and may be represented by counsel. In addition, Company and Tenant may, with permission of the mediator, bring such additional persons as are needed to respond to questions, contribute information, and participate in the negotiations. The fees and expenses of the mediator and/or mediation organization shall be shared equally by Company and Tenant. The mediator shall be disqualified as a witness, consultant, expert, or counsel for any party with respect to the dispute and any related matters. If the parties are unable to agree upon the mediator or a mediation organization, the mediation will be administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures. Mediation will be pursued by the parties prior to any arbitration. This Section 28.b shall not preclude Company or Tenant from pursuing eviction, actions to recover unpaid rent or non-judicial remedies under this Agreement prior to or during the mediation, including without limitation as set forth in Section 21.

    1. Arbitration: As the exclusive means (following an unsuccessful mediation under Section 28.b) of resolving any dispute which arises out of, concerns, or relates to this Agreement, any and all transactions contemplated hereunder, the performance hereof, or the relationship created hereby, whether sounding in contract, tort, strict liability, or otherwise, a party may demand that the dispute be resolved by final and binding arbitration by an arbitrator or arbitration association approved by Company and Tenant and located within 15 miles of the Warehouse. A single arbitrator will resolve the dispute. Each party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses (including, but not limited to, copying and telephone), witness fees, and attorneys' fees and expenses. The fees and expenses of the arbitrator, and all other costs and expenses incurred in connection with the arbitration, shall be paid equally by the Company and Tenant except that the prevailing party shall be able to recover such fees and expenses from the other party. The decision of the arbitrator shall be final and binding. Arbitration shall be commenced by making written demand on the other party by certified mail within the appropriate prescriptive periods (statute of limitations) set by law. The demanding party must provide the other party a demand for arbitration that includes a statement of the basis for the dispute, the names and addresses of the parties involved, and the amount of monetary damages involved and/or any other remedy sought. The parties shall select the arbitrator or arbitration company from a list of approved arbitration companies located or otherwise available within 15 miles of the Warehouse. The arbitration will be conducted under the arbitration company’s rules in effect at the time of arbitration. If the parties are unable to agree upon an arbitrator or arbitration organization, the arbitration will be administered by the AAA under its Commercial Arbitration Procedures (to the extent the latter are not inconsistent herewith). THE PARTIES AGREE THAT BY ENTERING INTO THIS AGREEMENT, THEY ARE EXPRESSLY WAIVING THEIR RIGHT TO A JURY TRIAL AND THEIR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR MULTI-PLAINTIFF ACTION IN COURT OR THROUGH ARBITRATION AND AGREE THAT THIS WAIVER IS AN ESSENTIAL TERM OF THIS AGREEMENT. This Section 28.c shall not preclude Company or Tenant from pursuing eviction, actions to recover unpaid rent or non-judicial remedies under this Agreement prior to or during the arbitration, including without limitation as set forth in Section 21.

  1. Company’s Employees: In the event Tenant requests any of Company’s employees to perform any services for Tenant, such services shall be done at Tenant’s own risk as Tenant’s agent, regardless of whether payment is made for said service(s). Tenant agrees to release, hold harmless, and indemnify Company for any loss, charge, or injury Tenant may suffer related to the use of Company’s Employees. Tenant further agrees that Tenant’s and Tenant’s invitees’ interactions with any and all persons at the Warehouse will be respectful and courteous. Any foul or abusive language or disruptive or threatening behavior by Tenant or Tenant’s invitees shall be grounds for immediate termination of the Agreement by Company, and Tenant and Tenant’s invitees shall vacate the premises immediately.

  1. Warranty of Information: Tenant warrants all information provided in this Agreement or any application preceding this Agreement is complete, true, and accurate at the time of this Agreement.

  1. Tenant’s Acceptance of Locker(s) “AS IS”: Tenant has inspected or had the right to inspect the Locker(s) and Warehouse before signing this Agreement and finds the Locker(s) to be suitable for the purpose for which Tenant rents such Locker(s) and accepts the Locker(s) “as is” and with all faults. Company makes no express warranties. Company disclaims and Tenant waives all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law. Tenant acknowledges that Company’s agents have no authority to make warranties, express or implied, about the Locker(s), the Warehouse, or any facilities referred to in this Agreement. Tenant acknowledges that Company provides no security or insurance for personal property and no promises or representations of safety or security have been made to Tenant by Company or Company’s agents. Company and Company’s Employees or agents shall not be liable in the event alarm, video system, elevator, or sprinkler system, or any components thereof, shall fail or malfunction. Any video recording devices are not monitored. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, including but not limited to warranties, guarantees or representations of the nature, condition, safety, or security of the Warehouse ARE EXCLUDED from this transaction and shall not apply to the Locker(s) and the Warehouse referred to herein.

  1. Pest Control: Tenant is advised that Company may use chemicals at the Warehouse, including in and around the Locker(s), for pest control. For this reason, no pets are allowed in the Locker(s) or at the Warehouse. Tenant is solely responsible for safely arranging, setting, monitoring, and disposing of any pest control devices within the Locker(s). Tenant is advised to provide, set, maintain, and regularly remove, if necessary, any insect or rodent attraction/repellant/trap devices that Tenant deems necessary to protect personal property stored in Locker(s) from loss or damage due to insect or rodent infestations. The only extermination provided by Company is bait in units of buildings. Tenant is encouraged to use caution not to allow Tenant, Tenant’s invitees or Tenant’s animals to touch or eat the bait.

  1. Permission to Communicate: Tenant recognizes Company and Tenant are entering into a business relationship at the Warehouse. Tenant hereby consents to Company phoning, faxing, e-mailing, texting, and contacting Tenant via social media (including automated calls and texts) and that these conditions are related to the business relationship.

  1. Electricity and Water: Use of electricity and water at the Warehouse is strictly reserved for Company at all times, unless authorized in writing by addendum.

  1. Negative Credit Information: Company, or Company’s service provider acting on Company’s behalf, may report information about Tenant’s account to credit bureaus. Late payment, missed payments, or other Defaults on Tenant’s account may be reflected on Tenant’s credit report.

  1. Attorneys’ Fees: In the event the Company retains the services of an attorney to recover any sums due under this Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the Tenant, the Tenant agrees to pay to the Company the reasonable costs, expenses, and attorneys’ fees incurred in any such action.

  1. Release of Information: Tenant hereby authorizes Company to release any information regarding Tenant and Tenant’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies, or courts.

  1. Military Service: If Tenant or Tenant's spouse is on active military duty status Tenant must provide written notice to the Company. The Company will rely on this information to determine the applicability of the Servicemembers Civil Relief Act. If Tenant or Tenant's spouse is a Service Member, and is transferred or deployed overseas on active duty for a period of 180 days or more, Tenant must notify the Company of the transfer or deployment. The Tenant shall provide written evidence of the transfer or deployment with the notice. Upon notice, Tenant is entitled to protections under governing law staying the enforcement of the Company’s lien.

  1. Financial Information: Company does not warrant or guarantee that any financial information (including, but not limited to, credit card and checking account information) will not be stolen or otherwise compromised. Tenant waives and releases any and all claims or actions against Company for damages arising from the use of said information by others.

  1. Vehicles: Vehicles (including, but not limited to, autos, trucks, trailers, mobile homes, boats, and campers) may not be stored overnight at the Warehouse or during any period when Tenant is not accessing the Warehouse and its Locker(s) without written permission of the Company. A charge will be levied for such overnight or other unauthorized vehicle storage. In the event that any motor vehicle remains stored at the Warehouse after termination of this Agreement or upon Tenant’s Default for sixty (60) days, and in addition to all other rights and remedies available to Company, Company is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage. Tenant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Tenant’s expense. Company shall incur no liability for causing the vehicle to be removed pursuant to this provision.

  1. Electronic Signature: Tenant agrees that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect and enforceability as if it was made in a non-electronic form. If not signed with an original signature below and electronic signature is used, Tenant understands and agrees that Tenant is consenting to be legally bound by the terms and conditions of this Agreement as if Tenant signed this Agreement in writing. Tenant agrees that no certification authority or other third-party verification is necessary to validate Tenant's e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the e-signature or any resulting agreement between Tenant and Company. Additionally, Tenant certifies that he/she is age 18 or above.

  1. Flood: Company cannot control certain environmental conditions which may cause some or all of the Warehouse to flood. Tenant is advised to place personal property in the Locker(s) on items which would avoid water exposure in the unlikely event of a flood at the Warehouse. Tenant understands that Tenant assumes all liability for any damage which may occur outside of the Company’s control including, but not exclusively, a flood at the Warehouse. Tenant will be responsible for preserving and protecting Tenant Property in the event of a flood at the Warehouse.

  1. Independent Services.  Tenant acknowledges that Company may from time to time provide or offer certain ancillary services outside of this Rental Agreement for additional fees.  Any such services shall be provided, if at all, pursuant to one or more separate written agreements between Tenant and Company and the terms and conditions of such separate written agreement shall govern the provision of such services.  In addition, Company may from time to time make available to Tenant certain ancillary services provided by third parties which may or may not be affiliated with the Company. Any such services shall be provided, if at all, pursuant to one or more separate written agreements between such third parties and Tenant and the terms and conditions of such separate written agreement shall govern the provision of such services.

Tenant acknowledges that Tenant has read this Rental Agreement in its entirety (12 pages) and understands and agrees to be bound by all its terms and conditions.

**I HAVE READ AND AGREE TO ALL 12 PAGES OF THIS AGREEMENT.**

TENANT:




Name:




LANDLORD:

WINTER PARK WINE STORAGE, LLC




By:

Name:

Title:

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