Terms and Conditions

DON’S MINI STORAGE
TERMS & CONDITIONS (CALIFORNIA)

1. Agreement Overview

This Rental Agreement is entered into between Tenant and Don’s Mini Storage (“Owner”). Rental is on a month-to-month basis unless otherwise stated. By renting a unit or space, Tenant agrees to these Terms & Conditions.

2. LATE FEES AND OTHER CHARGES If rent, in the amount of $20 or more remains unpaid for at least ten (10) days after the due date, tenant shall pay to Owner a late payment in the amount of $10. Tenant shall be liable to Owner for the sum of $25 for each dishonored check or damages prescribed by law. These fees are considered additional rent and are to compensate Owner for labor and other costs of collection. In the event of default, Tenant agrees to pay all collection and lien costs incurred by Owner. When rent or other charges remain unpaid for fourteen (14) consecutive days, Owner may revoke tenant’s gate access code. Tenant shall have access to the Storage Space only during office hours until the payment of all rent is current. Tenant shall have no access to the Storage Space fourteen (14) days after the mailing of a preliminary lien notice.

3. NOTICE OF LIEN Pursuant to the California Self-Storage Facility Act your stored property will be subject to a claim of lien for unpaid rent and other charges and may even be sold to satisfy the lien if rent and other charges due remain unpaid for fourteen (14) consecutive days. IMPORTANT: P.O. Box addresses are invalid for the purpose of Lien Opposition Notices.

4. LIEN NOTIFICATION BY ELECTRONIC MAIL Lien notices may be sent to the Tenant and to the Alternate by electronic mail. Tenant agrees that electronic notices satisfy all notice requirements to the extent permitted by California law.

5. OWNER’S RIGHT TO TOW: Pursuant to the California Self-Service Storage Act, Owner has the right to tow a vehicle, watercraft or trailer from the facility when rent and other charges are 60 (sixty) or more days past due.

6. PARTIAL RENT PAYMENTS Owner, at Owner’s sole discretion, may accept or reject partial rent payments. Acceptance of partial rent payments by Owner shall not constitute a waiver of Owner’s rights and Tenant understands and agrees that acceptance of a partial rent payment made to cure default for non-payment of rent shall not delay or stop foreclosure on Tenant’s stored property as provided by the California Self Service Storage Facility Act.

7. CHANGE OF ADDRESS Only the Tenant has the sole and exclusive authority to change the Tenant’s address. Tenant must provide address changes to Owner in writing. Such change will become effective when received by Owner. It is the responsibility of Tenant to verify that Owner has received and recorded the requested change of address.

8. SECURITY DEPOSIT When required tenant shall pay in advance a security deposit in the amount of one month’s rent to secure Tenant's faithful performance of all terms of this Agreement. Tenant agrees that Owner need not segregate this deposit from other funds, and that no interest will be due for the period of time during which the deposit is held. This deposit, less (a) all unpaid rent or other charges then due, and (b) all expenses incurred by Owner for damage to or cleaning of the storage space, shall be returned to Tenant within 15 days after Tenant (i) removes all stored property from the storage space, (ii) removes any lock from the storage space, and (iii) relinquishes possession of the storage space to Owner in accordance with the terms and conditions of this Agreement. At Owner's sole option, amounts may be withheld from the security deposit to compensate Owner for rent or any other charges due and unpaid under this agreement at the time Tenant relinquishes, abandons, or otherwise loses possession of the storage space. Owner reserves the right to require an additional security deposit when deemed necessary in Owner’s sole discretion.

9. CROSS COLLATERALIZATION OF SPACES If Tenant rents more than one space at this facility, the rent is secured by the property in all spaces rented. Failure by Tenant to pay rent or other charges due on any space shall be considered a default on all spaces rented. Owner may exercise all remedies, including, denial of access to the facility and sale of the Tenant’s property if all rent on all spaces is not paid when due.

10. RELEASE OF OWNER’S LIABILITY FOR PROPERTY DAMAGE All personal property stored within or upon the storage space by Tenant shall be at Tenant’s sole risk and responsibility. Owner, and Owner’s partners, affiliates, employees and agents, shall not be liable for any loss of or damage to any personal property in the storage space or at the self-storage facility arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water damage, rodents or other animals, burglar or fire system failure, vandalism, mold-mildew or airborne contaminants, natural disasters or other Acts of God, or the active or passive acts or omissions or negligence of the Owner, its agents or employees.

11. RELEASE OF OWNER’S LIABILITY FOR BODILY INJURY. Owner, Owner’s partners, affiliates, agents and employees shall not be liable to Tenant for injury or death as a result of Tenant’s use of the storage space or the self-storage facility, even if such injury is caused by the active or passive acts or omissions or negligence of the Owner, Owner’s agents or employees.

12. SECTION 1542 WAIVER The Tenant hereby agrees that the releases set forth in Sections 15 and 16 of this agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described above, as well as those known and anticipated, and Tenant does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section has been duly explained and read as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

13. TIME TO MAKE CLAIM OR BRING SUIT Tenant must bring any claim that arises out of this rental agreement, the negotiations that proceeded this tenancy, or for loss of or damage to stored property within twelve (12) months of the date of the acts, omissions, or inactions that gave rise to such claim or suit or twelve (12) months after the termination of this rental agreement, whichever occurs first.

14. INDEMNITY Tenant shall hold indemnify, defend and hold harmless Owner and each of Owner’s partners, affiliates, employees and agents from any and all claims, demands, actions and causes of action and all loss, liability, costs and expenses resulting therefrom arising out of the use of the storage space or the self-storage facility by Tenant, its employees, agents, invitees or guests. Tenant’s indemnity obligation includes, but is not limited to, claims for owner’s active or passive negligence.

15. DEFAULT Upon default by Tenant in the payment of any amount owed to Owner when due or in the performance of any obligation required under this Agreement by Tenant, then Owner, without notice or demand, shall have the right to elect to terminate this Agreement immediately, to remove and to store, at a reasonable charge to Tenant, all property of Tenant located in the space and to relet the space to such person or entity and on such terms as Owner deems appropriate, and to recover all amounts owing by Tenant. Owner shall have the option, if there is a default in the payment of rent or other charges due under this Agreement, to deny Tenant access to the premises, and foreclose the lien on the personal property of the Tenant granted by the Act and recover all amounts owed by Tenant under this Agreement and all expenses incurred by Owner for the preservation, sale or disposal of the property. Tenant shall pay Owner (a) $20 for the preliminary lien notice, (b) $25 for the lien sale notice, (c) $50 for the cost of the auction sale preparation, plus (d) all costs incurred by Owner to conduct the sale. From the date that the Owner elects to terminate this Agreement until the Tenant’s property is sold pursuant to the Act, the obligations of the former Tenant pursuant to Sections 15 through 19 of this Agreement shall continue to apply. The term “rent”, as used in this Agreement, includes any fees and charges owed by Tenant to Owner. If Owner or Tenant files any complaint or brings any action or other proceeding against the other party alleging any breach of the Agreement, each party shall be responsible for its own attorney fees and costs with the exception of the filing of an Opposition to Lien Sale in which case the prevailing party shall be entitled to attorney fees and all costs.

16. USE Owner shall have the right to establish or change the hours of operation for the facility and to promulgate rules and regulations for the safety, care and cleanliness of the storage space or the preservation of good order on the facility. Tenant agrees to follow all rules and regulations now in effect, or that may be put into effect from time to time. Tenant’s access to the storage facility may be conditioned in any manner deemed reasonably necessary by Owner to maintain order. Such measures may include but are not limited to, limiting hours of operation, requiring verification of Tenant’s identity and inspecting vehicles that enter the storage facility. Tenant shall have the right to use the entrance, driveways, parking areas (not specifically assigned to other tenants), for the sole purpose of access to and from Tenant’s space. Tenant’s access to its space shall only be during the days and hours of the days established by Owner in the Rules and Regulations. Tenant shall be responsible for the conduct of its guests and invitees at all times while they are on Owner’s property. Tenant shall not store any property in the space that is inflammable, explosive, hazardous, dangerous to the health of humans, or which will increase the rate of Owner’s fire insurance premium. Tenant shall not use the space for residential purposes, nor shall Tenant permit occupancy by animals, and Tenant shall not do or permit to be done any act that may create, or does create, a nuisance or which may disturb or interfere with the use of the facility by the Owner or its other tenants. Tenant shall not store any goods or engage in any other act in violation of any applicable law, ordinance, code, rule, regulation or order of any governmental agency or any of the Rules and Regulations of Owner as may be adopted and/or revised by Owner from time to time in Owner’s sole discretion. Owner is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. Owner does not exercise care, custody, nor control, over Tenant’s stored property. Tenant agrees to use the storage space only for the storage of property wholly owned by Tenant. Tenant shall not store antiques, artworks, heirlooms, collectibles or any property having special or sentimental value to Tenant. Tenant waives any claim for emotional or sentimental attachment to the stored property. Tenant agrees not to store property with a total aggregate value in excess of $5,000 without the prior written permission of the Owner. If such written permission is not obtained, the aggregate value of Tenant’s property shall be deemed not to exceed $5,000. Nothing herein shall constitute any agreement or admission by Owner that Tenant’s stored property has any value, nor shall anything to the contrary in this Section 16 limit or otherwise alter the releases by Tenant of Owner's liability as set forth elsewhere in this Agreement. Tenant agrees to maintain insurance for stored property.

17. HAZARDOUS OR TOXIC MATERIALS PROHIBITED Tenant is strictly prohibited from storing or using materials in the storage space or on the self-storage facility property that are classified as hazardous or toxic under any local, state or federal law or regulation, and from engaging in any activity, which produces such materials. Tenant’s obligation of indemnity as set forth in Section 14 above specifically includes any costs, expenses, fines, or penalties imposed against the Owner, arising out of the storage or use of any hazardous or toxic material by Tenant, Tenant’s agents, employees, invitees or guests. Owner may enter the storage space at any time to remove and dispose of prohibited items.

18. TERM This term of this agreement shall commence on the date hereof and shall continue until terminated on a month-to-month basis. The minimum rental term is one month, and Owner does not prorate rent for partial months. To effect a termination of the month to-month term, Tenant or Owner must deliver a written notice of termination at least ten (10) days prior to the expiration of the current term. Notice shall be deemed delivered upon deposit in the United States Postal Service by first class mail, postage prepaid, addressed to the party at the address set forth in Paragraph 1 or as changed by compliance with Paragraph 11. In addition to the notice Tenant must remove all property and the lock from the storage space. Failure by Tenant to effect any one of these three requirements will result in the automatic extension of the month-to-month term. There shall be no refunds of partial month’s rent. Upon termination of this Agreement, the Tenant must leave the storage space broom clean and in good condition. Owner may dispose of any property left or abandoned in the storage space or on the storage facility by Tenant after termination of this Agreement. Tenant shall be responsible for paying all costs incurred by Owner in disposing of such property. Tenant is responsible for any damage to the storage unit.

19. CONDITION AND MAINTENANCE OF SPACE Tenant acknowledges and agrees that as of the date of commencement of the term of this Agreement, Tenant has examined the space, and such space is clean and in a good condition. Tenant, at Tenant’s cost, shall keep the space clean and in a good state of repair. Upon vacating Tenant shall do all acts and expend all funds required to leave the space clean and in good condition. If Tenant breaches this covenant, Tenant upon demand shall reimburse Owner for all sums expended to clean or restore the storage space. Tenant shall not alter or paint the storage space.

20. SECURITY ALARM & LOCKS Tenant shall not divulge Tenant’s security access code number to any other person. Tenant shall provide, at Tenant’s own expense, a lock for its storage space that Tenant deems sufficient to secure the space. If the space is found unlocked Owner may, but is not obligated to, take whatever measures Owner deems reasonable to secure the space, with or without notice to Tenant, at Tenant’s sole cost and expense. By failing to lock its storage space, Tenant has assumed the risk of disappearance of Tenant’s property. Failure to provide or maintain a lock on the storage space may, at Owner’s sole option, result in the termination of this Agreement and a disconnection of the storage space from the alarm system, if any.

21. OWNER’S RIGHT TO ENTER Tenant grants to Owner, Owner's agents or representatives of any governmental authority, including police and fire officials, access to the storage space upon three (3) days advanced written notice to Tenant. In the event of an emergency, Owner, Owner's agents or representatives of any governmental authority shall have the right to enter the storage space without notice to Tenant and take such action as may be necessary or appropriate to protect the storage facility, to comply with applicable law or enforce Owner's rights. Owner shall have the right to enter the space for any reason at any reasonable time pursuant to discharging Owner’s obligations under this Agreement.

22. NO SUBLETTING Tenant shall not assign this Agreement or sublease the storage space without the prior written consent of the Owner. Owner may withhold such consent to assign or sublet for any reason or no reason in Owner’s sole discretion. Tenant shall not allow the use of the storage space by any person or entity other than Tenant.

23. NOTICES All notices required by this rental agreement shall be sent by first class mail postage prepaid to Tenant’s last-known mailing address or by e-mail to the e-mail address provided by the Tenant. Notices shall be deemed given when deposited in the United States mail or sent to the electronic mail address provided by Tenant. Tenant agrees that mailed notice is conclusively presumed to have been received by Tenant five (5) days after mailing, and that electronic mail notices shall be deemed delivered upon sending unless Owner receives notice of non-delivery within 48 hours of sending the notice. All statutory notices shall be sent as required by applicable law.

24. VEHICLE AND PARKING STORAGE Tenant may store vehicles, trailers, watercraft, or similar property (“Vehicle”) only in designated parking areas assigned by Owner. All Vehicles must be owned or lawfully possessed by Tenant unless otherwise approved in writing by Owner. Tenant shall provide proof of ownership or registration upon request. Vehicles stored on the premises must be operable, currently registered (if applicable), and maintained in a safe condition. No mechanical work, repairs, or maintenance may be performed on the premises without prior written consent from Owner. Tenant is responsible for ensuring that all Vehicles are properly secured and do not leak fluids or create any hazardous condition. Tenant shall be liable for any damage caused by the Vehicle to the premises or to other tenants. Owner reserves the right to refuse, remove, or have towed any Vehicle that is abandoned, improperly stored, inoperable, unregistered, leaking fluids, or otherwise in violation of this Agreement, at Tenant’s sole cost and expense, as permitted by law. Vehicles are stored at Tenant’s sole risk. Owner does not provide security for Vehicles and shall not be liable for loss or damage due to theft, vandalism, fire, weather, or any other cause. Tenant grants Owner the right to access the parking space for purposes of inspection, maintenance, enforcement of this Agreement, or in case of emergency.

This agreement is governed by the laws of the State of California.