Agreement

The parties have entered into this Rental Agreement (the “Agreement”) for the purpose of renting certain space (the “Unit”) as herein described and with the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereunder and all property stored at the Facility is done so solely at Customer’s own risk. This Agreement is a month-to-month rental agreement by and between Affordable Secure Storage - Wabash, LLC, (the “Facility”) and the individual or business listed above (“Customer”). The term of this Agreement shall commence on the Rental Date listed above, and shall continue thereafter on a monthly basis until terminated. Customer shall notify the Facility immediately, in writing, of address, email or telephone number changes. Failure to notify the Facility about changes to Customer’s contact information, may result in Customer not being notified. Customer understands all unit sizes are approximate, that Customer has had an opportunity to inspect the Unit and the premises and that the Unit is rented on an “AS IS” basis. Customer agrees to return the unit at the termination of the Agreement in the same condition as of the Rental Date. Lessee shall be responsible for all clean up and repair expenses.

Rules

Rent paid in advance is considered prepaid rent and will be refunded upon vacating. There is no refund for unused days if the Customer vacates after the rent due date of the current month. The Facility reserves the right to change Customer’s Unit’s monthly rent, late fees, or other charges with 30 days prior written notice to Customer. It is Customer’s responsibility to pay on or before the due date. The Facility has the right to establish or change hours of operation or to proclaim rules and amendments, or additional rules and regulations (the “Facility Rules”) for the safety, care and cleanliness of the premises or the preservation of good order at the premises. Customer agrees to follow all of the Facility Rules currently in effect, or that may be put into effect from time to time. The Facility may change any Facility Rule, or create new rules, by posting them at the Facility or sending written notice to Customer. Upon receiving notice of the Facility changing the Facility Rules, Customer may terminate this Agreement before the effective date of such changes by vacating their Unit. If Customer does not vacate their Unit before the effective date of such changes, then such changes shall become effective on the date stated in the notice and shall thereafter be incorporated into this Agreement, whether or not Customer has agreed to the change in writing.

Customer’s access to the premises may be conditioned in any manner deemed reasonably necessary by the Facility to maintain order on the premises. Such measures may include, but are not limited to, requiring verification of customer’s identity, limiting Customer’s hours of access and requiring Customer to schedule any visits to the premises with the Facility during normal business hours and limiting the length of any visit. Any Facility Rules posted at the Facility, if any, are by this reference made part of this Agreement. Such Facility Rules may be modified by the Facility to aid in the operation of the Facility. The Facility may, but is not required to, lock the Unit if it is found open.

Payment

To avoid additional late fees, rent, including any additional fees or taxes then due, must be paid within 5 days of the Monthly Due Date. If rent is not paid within 5 days of the Monthly Due Date, then a late fee, equal to $15, shall be added to Customer’s account, first written notice shall be sent to Customer, and Customer shall be denied access to their Unit.

If rent has still not been paid after 30 days, then a lien processing fee, equal to $30, plus all expenses associated with the sale of Customer’s property, shall be charged to Customer, and the Facility shall have the express right to cut Customer’s lock in preparation for sale at auction.

The Customer shall bear all risks of loss or damage to any and all property stored in the Unit, including, but not limited to, loss or damage resulting from the negligence of the Facility, its employees, agents, or any third parties hired by the Facility. The Facility is hereby given a contractual landlord’s lien upon all property stored by the Customer to secure payment of all monies due under this Agreement, including any fees and collection costs. The lien exists and will be enforceable from the day that rent or other charges are due and unpaid. The property shall be deemed to be attached from the first day of this Agreement. The property stored in the Unit may be sold to satisfy the lien if Customer remains in default for 30 days or more. Any late fees incurred by Customer are a service charge and not a penalty. Written notice will be sent to the Customer during the default period. Proceeds from the sale will be distributed first to satisfy all liens. The remainder, if any, will be held for the Customer for six months. This lien and all rights granted are in addition to any lien or rights granted by the statutes of the state. In addition to the rents and charges agreed upon and provided for in this Agreement, Customer shall be liable for all costs, fees and expenses, including attorney’s fees, reasonably incurred, incident to default, present or future, for the preservation, storage, inventory, advertisement and sale of the property stored in the rental space, or other disposition, and to enforce the rights provided for under this Agreement. The Facility shall be entitled to attorney fees and costs incurred in enforcing its rights under this Agreement. Upon default of any obligation under this Agreement, Customer and all authorized individuals shall be denied access to the property contained in the rental space until such time that the default has been remedied and the total balance owed has been paid in full. Customer shall be permitted to have access to the rental space for the purpose of viewing and verifying the contents of the rental space during the default period.

Customers enrolled in autopay will be charged on the 1st of each month, unless another date is agreed to by the Facility. Customer agrees that it is Customer’s responsibility to ensure that the card or account connected to autopay has not expired and has sufficient funds to pay their monthly rent. Any late fees incurred because of Customer’s failure to update the card on file or insufficient funds shall be solely Customer’s responsibility. In the event Customer pays their rent by check, which is later returned for insufficient funds, Customer will be charged a $25.00 service fee. After two instances of insufficient fund checks, Customer may be prohibited from paying by check.

For units that allow the parking of vehicles, whether covered or uncovered, in the event Customer is at least 60 days delinquent on their rent, then the Facility may elect, in lieu of an auction, to have the vehicle towed from the premises. The Facility is not responsible for any damage or loss incurred once the tow company takes possession.

Access

Customer shall have access to their Unit only for the purpose of storing and removing property stored in that Unit. Customer shall not loiter about the Facility, spend excessive or unnecessary time in or around the Unit or do anything to interfere with the use of the Facility by other Customers. If Customer fails to pay rent when due, then the Facility may, without notice after 5 days from the day rent is due, deny Customer access to the premises and to the personal property located in the Unit. If Customer is renting more than one Unit at the Facility, at any given time, then a default by Customer on any one of the Units shall constitute default on all of Customer’s Units. As such, the Facility may deny Customer access to all of Customer’s Units, for default on any of Customer’s Units.

Customer grants the Facility and any of Facility’s agents, access to their Unit upon 3 days written notice, upon default of the Agreement, by Customer, which has gone unresolved for 30 days, in case of an emergency (to prevent possible injury to persons or property), or as required by law. In the instances outlined above, if Customer does not grant access, then the Facility, the Facility’s agents, or the agents of any governmental authority shall have the right to remove Customer’s lock and enter into the unit.

The Facility is not liable for the performance or suitability of any lock, even those sold at the Facility and is not liable for any loss that results from the malfunction or unsuitability of any lock.

Use

The Unit shall not be used for residential purposes or the operation of a business. Customer agrees not to store any hazardous materials, hazardous substance, hazardous waste, solid waste, toxic chemicals, illegal goods, explosives, highly flammable materials, perishable foods or any other goods which may cause danger or damage to the Unit. Customer agrees not to store any living creature or organism, or any dead animal or other carcass. Customer agrees that their personal property and the Unit shall not be used for any unlawful purpose. Customer agrees not to store property with a total value in excess of $5,000, and therefore expressly agrees that the Facility’s maximum liability to Customer for any claim or suit brought by Customer, including but not limited to any suit alleging wrongful foreclosure or sale of Customer’s personal property is $5,000. Customer agrees not to leave waste, not to alter or affix signs on the Unit (inside or out) and agrees to keep the Unit in good condition during the term of this Agreement. The Facility property, such as furniture pads or storage carts, shall not be placed or locked in the Unit. Customer agrees not to store collectibles, heirlooms, jewelry, works of art or any other item of sentimental value. Customer hereby waives any claim for sentimental or emotional value for Customer’s property that is stored in the Unit.

Customer agrees that they shall not store any vehicle in a Unit (unless the Unit is a parking space), without the Facility’s express written permission – which is hereby granted for all outdoor units or those marked “parking”. If a vehicle is discovered in a Unit, Customer shall have defaulted on this Agreement. Customer agrees that if during the lien process a vehicle is discovered in their Unit, then the vehicle may be removed from the Unit by the Facility, its agents, or a tow company, and towed away, at Customer’s expense, and that the Facility and its agents, shall not be responsible for any damage or loss to the vehicle during the removal. Once the vehicle is removed, the remainder of the Unit may be auctioned off.

Insurance

It is expressly understood and agreed between the parties that the Facility shall not be liable for any damages or injury, from any cause whatsoever, to any person or property caused by Customer, Customer's employees, guests or others. Additionally, the Facility shall not be liable to Customer for any damage or injury of any type to Customer or Customer’s property resulting from water intrusion, termites (or other insects), fire, theft, mold, mildew, acts of God, or any other cause, nor shall the Facility be liable for any damage or injury resulting from the carelessness, negligence or improper conduct on the part of any other Customer or any agent or employee of the the Facility. The Facility shall not be responsible for breakage, leakage, or obstruction of the water or sewer pipes or other water leakage of whatever nature in or about the Unit. Customer hereby agrees to indemnify and hold the Facility harmless from and against any and all loss which may be occasioned by the Facility for any damages or inquiry form any cause whatsoever, to any person or property which damage or injury is caused by Customer, Customer's employees, guest, or invites. All property stored in the Unit shall be at the sole risk of the Customer and the Customer shall be responsible for securing their own insurance and the cost of the same to cover any personal injury or damage to the property. Customer understands that the Facility does not insure in any way Customer’s property.

The Facility does offer third-party insurance through SafeStor under a separate agreement. SafeStor is in no way affiliated with the Facility beyond the Facility offering SafeStor insurance to interested Customers. The Facility does not warrant the suitability of SafeStor for Customer’s needs, nor does it play any role in SafeStor and Customer’s contractual relationship, although the Facility does collect Customer’s premiums and retain a small portion as compensation for selling the policy.

Termination

The Facility reserves the right to terminate this lease within fifteen (15) days written notice to Customer prior to the end of any monthly rental period at its sole discretion. If the Facility terminates this Agreement and there has been an annual or semi-annual prepayment, the remaining full month portions, minus any discounts that have been applied to the base rental, will be returned to the Customer upon vacating the Unit according to the terms set out in this Agreement. Customer agrees that all contents placed in Unit(s) shall be in compliance with Florida State Law.

Upon termination, for any reason, Customer is required to return the Unit to the state it was prior to Customer renting the Unit. If the Unit is not returned its prior state at the time of vacation, then Customer shall be liable for the cost of returning the Unit to its prior state, which shall include a Cleaning Fee of at least $25, and shall be liable for the number of days it takes to remove the Unit to its prior state, as though Customer had not vacated at the rent rate charged at the time of vacation prorated. If Customer chooses to vacate their Unit without notifying the Facility, then Customer acknowledges that they will continue to be considered as renting the Unit until Customer notifies the Facility or such vacation is noticed by the Facility.

Miscellaneous

Climate Controlled Units are air conditioned depending on the outdoor temperature. The units do not provide internal heating or humidity control. The Facility does not guarantee temperature or humidity conditions within the Unit. Customer understands and assumes the risk of Climate Controlled units not meeting certain temperature or humidity conditions.

Customer agrees that the Facility’s agents are not authorized to make warranties about the Unit or premises. Therefore, any oral or written statements made by the Facility’s agent(s) do not constitute warranties and shall not be relied upon by Customer.

Customer agrees that the Facility and its agents have not made any promises or representations of safety or security of the premises or the Unit. In the event the premises is gated upon move-in, the Facility reserves the right to remove or discontinue use of the gate system at its own discretion. Likewise, while the premises, or a portion of the premises, may be subject to video recording at the time of move-in, the Facility reserves the right to remove or discontinue use of video recording at its own discretion. Customer understands that video recordings are not monitored. The Facility nor its agents shall have no liability whatsoever in the event the use of such systems is discontinued or in the event of premises’ alarms, video surveillance systems, gate systems, or sprinkler systems shall fail or malfunction while in use.

Customer agrees that any Unit advertised and sold using an online auction provider is deemed to be sold in a commercially reasonable manner.

Customer shall not assign, sublease or jointly occupy their Unit or any portion thereof with the express written consent of the Facility.

This Agreement shall be binding upon the heirs, executors, administrators, representatives, successors and assignees of the parties hereto.

If Customer is signing on behalf of a Business, then the undersigned warrants that he or she is authorized to bind the Business.

If Customer is utilizing the Rent Now feature on our website, then by Entering Your First and Last Name and clicking Confirm and Rent Now, Customer is explicitly agreeing to the terms of this Agreement as presented to them on that same webpage. The entry of their first and last name, and clicking Confirm and Rent Now rental, shall be given the same weight as if they signed the Rental Agreement. Customers who rent online through our website are also explicitly agreeing to be enrolled in autopay, for all monthly rental payments, using the card they used on the website. All Customers executing this Agreement agree to receive texts about their rental on the phone number used while renting the unit. Customer may unenroll from autopay or stop future texts, at any time.

This Agreement contains the entire agreement between the parties and no representations or agreements, made orally or otherwise, between the parties, which are not in this documents, shall be of any force or effect (unless written addenda agreed to between the parties).

The Facility, the Facility’s agents, the Facility’s affiliates, and the premise’s owner or any other entity with whom the Facility has entered into a management agreement for the Facility, as applicable, if different, shall not be liable to the Customer for any damage or loss to any person or property at the Facility and to any property stored in the Unit, arising from any cause whatsoever, including, but not limited to, theft, fire, mysterious disappearance, mold, mildew, water, rain, rodents, insects, acts of God, partial or sole negligence or failure to act of Facility or Facility’s agents, except for damage or loss resulting from Facility’s fraud, gross negligence or willful violation of law. Customer shall indemnify and hold Facility, Facility’s agents, Facility’s affiliates and the premise’s owner or any other entity with whom Facility has entered into a management agreement for the Facility, as applicable, if different, harmless from any and all damage, loss, or expense arising out of or in connection with any damage to any person or property, occurring in the Unit or at the Facility arising in any way out of Customer’s use of the premises, even if such damage or loss is caused entirely or in part by the negligence of the Facility, Facility’s agents, Facility’s affiliates, and the premise’s owner or any other entity with whom Facility has entered into a management agreement, as applicable, if different, shall not be liable whatsoever to any extent to Customer, Customer’s invitees, family, employees, or agents for any personal injury or death arising from Customer’s use of the Unit or premises from any cause whatsoever including, but not limited to, the active or passive acts, omissions, or negligence of the Facility or Facility’s agents. Customer shall be responsible to pay or reimburse the Facility for any damage caused to the Unit or premises by Customer, Customer’s invitees, regardless of fault.

Customer acknowledges that the initial rent under this Agreement, as outlined above, may be an introductory offer and is subject to change on a month-to-month basis with proper notice.

This Agreement does not entitle the Customer to use any dumpster on the premises. Use of such dumpster may be possible with the express written permission of the Facility, but shall be subject to an additional fee. Customer’s use of a dumpster, without the Facility’s express written permission shall result in a Dumpster Fee of at least $500, plus any expenses related to the unauthorized dumping.

Customer acknowledges that the Facility does not insure the contents of Customer’s Unit.

A one-time administrative fee of $20.00 will be charged at move-in.

Customer agrees not to smoke on the premises or in their Unit.

Customer agrees that at the termination of this Agreement, for any reason, including by auction, if Customer still owes a balance, than that balance may be sold to a third-party collection agency.

2 Locations in Lakeland, FL