THESE TERMS (the “Terms”) are made effective on this date BETWEEN Thermo Stor Inc. (the “Company”) and:
Name: (the “Renter”)
Email: Phone No:
Unit Rented: (the “Unit”)
Fee per 4 Weeks: (the “ Four Week Fee”)
Deposit: (the “Damage Deposit”) (the “Damage Deposit”)
In consideration of the mutual covenants contained in these Terms, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties, the parties agree as follows:
Rental of Storage Unit. The Renter shall rent the Unit to use for storage of the Renter’s property (such property, which may change from time to time, is referred to as the “Property”). The Renter represents and warrants that it is the registered and beneficial owner of the Property or, if owned by more than one person, that the Renter is acting as agent for all owners, or if the Renter is not the registered and beneficial owner of the Property, that it is storing the Property with the express consent of the owner.
Deposit. The Renter shall pay to the Company the Damage Deposit immediately upon acceptance of these Terms. Upon termination of this arrangement, provided the Unit is left in a clean and undamaged condition and all other monies payable hereunder have been paid by the Renter, the Damage Deposit shall be returned to the Renter.
Relationship. It is expressly understood that the storage of the Renter’s property in the Unit does not create the existence of a bailor/bailee relationship between the Company and the Renter. The Company does not hereby take care, custody, or control of the Property.
Fee. The Renter shall pay the Company the four week fee, plus HST, payable in advance on the first day of the agreement and every four weeks thereafter. Payment for the first four weeks shall be payable upon execution hereof. A full four weeks’ payment shall be payable for any partial four week period the Property is stored in the Unit.
Winterizing. The Renter is required to winterize and otherwise protect its Property. The Company is not responsible for damage to the Property due to freezing temperatures or any other weather-related damage.
Lock. It is the Renter’s sole responsibility to obtain a lock for the Unit and to ensure that the Unit is properly secured. The Company shall not provide and is not responsible for providing locks for the Unit, or for ensuring that the Unit is properly secured. The Renter assumes full responsibility for all persons who have access to the Unit.
Limitations. The Renter shall ensure that its Property is safe for storage and contains no hazardous substances. Without limiting the generality of the foregoing, the Renter shall not store propane tanks; welding, flammable, or explosive materials; or materials which are hazardous when exposed to moisture or heat. The Renter shall not store any refuse, animals, or food or beverages. All batteries must be disconnected prior to storage of the Property in the Unit and any fuel tanks from equipment or otherwise must be emptied. Persons may NOT reside in the Unit. The Renter is liable for any damage caused to the Unit, to other property, or to persons by failing to comply herewith.
Access by Company. The Renter agrees that the Company shall have the right without notice to enter into the Unit by any means necessary, including the destruction of the Renter’s lock, for the purpose of examining the Unit for any violations to these Terms or for making urgent repairs or alterations. The Company reserves the right to move the contents of the Unit to another unit or facility.
Failure to Pay. In the event the Renter fails to pay any amount required to be paid under these Terms, the Company shall have a lien upon the Property and may detain that Property until such amount is paid in full. If such amount in not paid within thirty (30) days after notice of the lien has been given to the Renter in writing by registered mail or prepaid courier at the address of the Renter set out in these Terms, the Company may, without prejudice to any other remedies available to the Company at law or in equity, cause the Property to be sold either by way of public or private sale and may retain from the proceeds of the sale the expenses of such sale and the amount due to the Company under these Terms. The Company shall return to the Renter any surplus of the proceeds. In the event the proceeds of the sale are not sufficient to pay the expenses of the sale and the amounts due to the Company under these Terms, the Renter shall immediately pay the deficiency. Notices shall be deemed to have been received, if sent by mail, on the fifth (5th) day following the date of mailing and, if delivered personally, by registered mail, by courier, or by electronic means, on the day they were delivered. Notwithstanding the foregoing, the Company is under no obligation to sell the Property and may, at its discretion, dispose of it at the Renter’s expense and risk.
Termination at the Option of the Company. The Company may terminate this arrangement at any time, without cause or liability, by giving the Renter fifteen (15) days’ written notice. In such a case, the Company shall reimburse the Renter for the portion of the four week period following the date of the notice on a pro-rata basis and the Damage Deposit, if payable under section 2. The Company may terminate this arrangement, without liability, by giving the Renter one (1) day’s written notice where, in the sole opinion of the Company, the Renter has breached any provision of these Terms. Upon termination by the Company under this provision, subject to any lien of the Company, the Renter shall remove its Property from the Unit. In the event the Renter does not remove its Property, the Company may do so at the Renter’s expense and risk.
Termination at the Option of the Renter. The Renter may terminate this arrangement at any time by giving the Company fifteen (15) days’ written notice. Except for the Damage Deposit, if payable under section 2, no part of the monetary consideration paid hereunder will be returned to the Renter in the event of termination under this provision.
Indemnity. The Renter shall indemnify and hold the Company and the Company’s Representatives harmless from and against all claims, actions, losses, damages, liabilities, costs or expenses of any kind whatsoever, including without limitation legal and other professional fees and expenses in connection with the defense thereof (collectively, “Claims”), which may arise directly or indirectly as a result of the Renter’s breach of these Terms, the Renter’s use of the Unit, or the Renter’s acts or omissions while on the Company’s property. In these Terms, “Representatives” is to be broadly interpreted and includes a party’s officers, directors, employees, shareholders, agents and representatives, along with such party’s affiliates, successors, assigns and licensees, and the officers, directors, employees,
shareholders, agents, and representa-tives of each of the foregoing, as well as a party’s heirs, trustees, estate trustees, personal representatives, executors, and administrators.
Insurance. It is the Renter’s responsibility to obtain and maintain reasonable and appropriate insurance against loss by fire, theft, windstorm, and other damage or loss which may occur during the term of these Terms or as a result of the Rent-er’s failure to carry out the Renter’s obligations under these Terms. The Company shall not obtain and is not responsible for obtaining such insurance on behalf of the Renter. The Renter agrees that the Renter shall have no claim, right of action, or right of subrogation against the Company based on any loss or liability insured under such insurance. The Renter agrees that any failure on its part to maintain adequate insurance shall impose no financial obligation on the Company with respect to any Claims related thereto.
Release. The Renter shall store its Property at the sole risk of the Renter. The Company is not liable for the loss of or damage to the Property including but not limited to losses or damages resulting from theft, mold, mildew, fire, water damage, rodents, or insects. The Renter does for itself and for the Renter’s Representatives forever release and discharge the Company and the Company’s Representatives from and against all Claims which the Renter or the Renter’s Representatives ever had, now have, or hereafter may have against the Company or the Company’s Representatives by reasons of, existing out of, related to, or arising out of any and all past, present, and future obligations pertaining to these Terms, the storage of the Property, or the Renter’s failure to obtain the insurance referred to in section 11.
Accuracy of Information. The Renter warrants that all information provided to the Company is accurate. The Renter shall provide immediate written notice to the Company of any change of contact information.
GENERAL. Electronic Signatures. These Terms may be accepted and/or signed electronically and any electronic acceptance/signature, in any form whatsoever, including without limiting the generality of the foregoing, the checking of a box indicating acceptance, shall have the same force and effect as the use of a “wet” or manual signature to indicate acceptance. I agree that my electronic acceptance/signature may be introduced into evidence in any proceeding arising out of or related to this waiver as if it were an original signature. Entire Agreement. These Terms constitute the entire agreement between the parties as to the subject matter hereof.
Assignment. These Terms may not be assigned by the Renter without the Company’s prior written consent.
Enurement. These Terms will enure to the benefit of and be binding upon the respective heirs, successors, trustees, estate trustees, personal representatives, executors, administrators and assigns of the parties.
Amendments. These Terms may not be modified or amended except with the written consent of all the parties. Governing
Law. These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties agree to attorn to the courts of the Province of Ontario. Waiver. No waiver by the parties of any term of these Terms shall constitute a waiver of any other term or any of the parties’ rights. Any waiver shall be in writing, and no such waiver shall be construed as a waiver of any succeeding breach of such provisions or a waiver of the provision itself. Headings. The headings used in this are not to be considered a part of these Terms and do not in any way limit or amplify the terms of these Terms. Gender and Number. In these Terms, unless the context otherwise requires, any reference to gender shall include both genders and any reference to the singular number shall include the plural and vice versa.Currency. Unless otherwise indicated, all reference to “dollars” and the symbol “$” in these Terms are to Canadian dollars. Survival. Rights and obligations under these Terms which by their nature should survive will remain in effect after termination or expiration hereof. Severability. If any provision of these Terms is invalid under applicable statute or rule of law or held invalid by a court of competent jurisdiction, the term shall to that extent be omitted or severed therefrom without effect on the remainder of the Agreement.
THESE TERMS are hereby accepted by the Renter