SAMPLE OHIO STATE
STORAGE SPACE RENTAL AGREEMENT
Customer Name :
Customer Driver's License # :
Customer Home Phone :
Customer Work Phone :
Customer Address :
Cell:
E-mail:
By electing to provide its e-mail address, Occupant agrees that notice by Owner may be given to Occupant via e-mail.
Are you or your spouse in the Military/Reserves?
Yes: ____ No:___ If Yes, Contact information:______________________________________________
EMERGENCY CONTACT:
Name: __________________________________________
Address:_________________________________________
City/State/Zip:____________________________________
Phone________________________
Email___________________________________________
DESCRIPTION OF CONTENTS: (circle all that apply) Household Goods, Furniture, Boxes, Trunks, Suitcases, Toys, Sporting Goods,
Tools, Motor Vehicles (VIN Required), Other Vehicles/Trailers (registration # required), and/or other as named
________________________________.
LIENHOLDERS: Occupant represents that he/she owns or has legal possession of the personal property in his/her space(s). Occupant
attests that all the personal property in his/her space is free and clear of all liens and secured interests EXCEPT for the items listed
below:
Property Description :_______________________________________
Lien Holder/ Secured Creditor :________________________________
Address of Creditor :________________________________________
Amount of Lien- Secured Interest :_____________________________
CONTRACT DETAIL:
New Account Administration Fee:
Transaction Date:
First Late Fee:
Room Number :
Second Late Fee:
Room Description :
Third Late Fee:
Monthly Due Day :
NSF Fee:
Monthly Rental :
Auction Fee:
Gate Access Code:
Clean-Up Fee:
Move In Date:
Mailed Invoice Fee:
Lock Cut Fee :
ALL PROPERTY STORED UNDER A RENTAL AGREEMENT MAY BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT
HAS BEEN RECEIVED FOR A CONTINUOUS SIXTY-DAY PERIOD WHEN DUE.
This Rental Agreement, (hereinafter called "Agreement"), made and entered into this date as set forth above, by and between the self
service storage facility identified above as agent for Owner, (hereinafter called "Owner") and Occupant identified above, (hereinafter
called "Occupant"), whose last known address is set forth above. For the consideration hereinafter stated, the Owner agrees to let
Occupant use and occupy a space as listed above in the self-service storage facility, situated in the city and county listed above in the
state of Ohio, hereinafter referred to as "Space". Said space is to be occupied and used for the purposes specified herein and subject
to the conditions set forth, beginning on the Rental Agreement date listed above and continuing month to month until terminated.
1. RENT: "Space", as used in this agreement, will be that part of the self-service storage facility described above. The Occupant agrees
to pay the Owner for the use of the space and improvement thereon, the monthly sum listed above as the Monthly Rate. Monthly
installments are payable in advance at the office of the self storage facility on or before the rental due date and a like amount for each
month thereafter, until the termination of this agreement. Owner acknowledges receipt of the sum set out above showing payment
through the date shown above. If any monthly installment is not paid by ______ days from the due date, or if any check in payment is
dishonored, Occupant shall be deemed to be in default. Default can also be the Occupant's failure to perform any terms or conditions of
this Rental Agreement or Occupant's breach of the peace. In the event of Occupant's default, Owner may, without notice, deny the
Occupant access to the property located in the self storage facility. Owner may place a different padlock on the rented premises over
which only the Owner and his agents have control. Occupant agrees and understands that partial payments made to cure a default for
non-payment of rent will not delay or stop the foreclosure and sale of Occupant's property. Partial payments do not waive or avoid the
legal effect of prior notices given to Occupant. Only full payment on Occupant's account prior to the published auction date will stop the
scheduled sale of the property. Customers account must be in good standing to receive any promotions or discounts. Cash can only be
accepted during office hours. Do not deposit cash in the afterhours drop box/slot. Owner is not liable for any cash placed in the drop
box/slot. Occupant is encouraged to obtain a rent receipt for cash payments.
2. DENIAL OF ACCESS: If rent is not paid within ______ days of the monthly due date, Owner may without notice deny the Occupant
access to the property located in the self storage facility. Access will be denied to any party other than the tenant unless said party
retains gate code and key to lock on Space or has supplied Owner with written authorization from the tenant to enter the Space.
Occupant's access to the facility may also be conditioned in any manner deemed reasonably necessary by Owner to maintain order on
the premises. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of occupant's
identity and inspecting vehicles that enter the premises. Additionally, if Occupant is renting more than one Space at any given time,
default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Occupant to all rented
Spaces.
3. FEES: Concurrently with the execution of this Rental Agreement, Occupant shall pay to Owner a nonrefundable NEW ACCOUNT
ADMINISTRATION FEE in the amount as set forth above. A bill for the monthly rent will not be sent unless requested. However,
Occupant may elect to pay an additional fee as an INVOICE FEE, set forth by Owner. Occupant acknowledges that late payment of
monthly rent will cause Owner to incur costs not contemplated by this lease, the exact amount of such costs being extremely difficult to
fix. Therefore, if any monthly rent is received after ______ DAYS from the rental due date, Occupant shall pay to Owner a FIRST LATE
FEE for each month rent is past due. Furthermore, if any monthly rent payment is received after ______ DAYS from the rental due
date, a SECOND LATE FEE will be assessed for each month rent is past due. Late fees are assessed at the full and sole discretion of
the Owner. Said late charges are due and payable without demand from Owner. The parties agree that these late charges represent a
fair and reasonable estimate of the costs the Owner will incur by reason of late payment by Occupant. If any check is dishonored for
any reason, said late charges shall be due and payable in addition to a return check charge identified above as an NSF FEE. If
Occupant's property is processed for sale at public auction, Occupant shall be responsible for a minimum public auction processing fee
shown above as AUCTION FEE. If Occupant's lock must be cut, Occupant shall be responsible for LOCK CUT FEE identified above.
4. USE AND COMPLIANCE WITH LAW: (a) The space named herein is to be used by the Occupant solely for the purpose of storing
any personal property belonging to the Occupant. The Occupant agrees not to store any explosives, or any flammable, odorous,
noxious, corrosive, hazardous or pollutant materials or any other goods in the space that would cause danger or nuisance to the space
or facility. Occupant shall not store any improperly packaged food or perishable goods, or other items that may attract rodents, vermin,
or other infestation in the Space. The Occupant agrees that the property will not be used for any purposes unlawful or contrary to any
ordinance, regulation, fire code or health code and the Occupant agrees not to commit waste, nor to create a nuisance, nor alter, nor
affix signs on the space, and will keep the space in good condition during the term of the Agreement. The occupant agrees not to store
jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special or emotional value to the occupant. Occupant
waives any claim for emotional or sentimental attachment to Occupant's property. There shall be NO HABITABLE OCCUPANCY of the
space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate
TERMINATION of the Agreement. If hazardous substances are stored, used, generated or disposed of on or in the premises or if the
premises become contaminated in any manner for which the Occupant is legally liable, Occupant shall indemnify and hold harmless the
Owner from any and all claims, damages, fees, judgments, penalties, costs, liabilities or losses, and any and all sums paid for
settlement of claims, attorneys' fees, consultant and expert fees, arising during or after the lease term and arising as a result of that
contamination by Occupant. (b) Occupant agrees not to conduct any business out of space, and further agrees that the space is not to
be used for any type of work shop, for any type of repairs or for any sales, renovations, decoration, painting, or other contracting in the
space. Use of any utilities on premises is strictly prohibited except by express written agreement and arrangement with Owner and for
an additional Utility charge set forth by Owner. Unless given written permission by owner, violation of these prohibitions shall be
deemed a default and shall be grounds for immediate Termination of this agreement and shall cancel Occupant's right of Occupancy.
Occupant agrees to hold Owner, other Occupants and third parties harmless and indemnify, safe and defend such persons from any
loss resulting from the violation of this provision.
5. CONDITION AND ALTERATION OF PREMISES: Occupant assumes responsibility for having examined the premises and hereby
accepts it AS IS, being in good order and condition and agrees to pay Owner promptly for any repairs to the space resulting from
negligence or misuse by the Occupant, Occupant's invitees, licensees and guests. Occupant understands that all unit sizes are
approximate and enters into this Rental Agreement without reliance on the estimated size of the Space. Occupant shall make no
alterations or improvements to the space without prior written consent of Owner. Should Occupant damage or depreciate the Space, or
make alterations or improvements without the prior consent of the Owner, or require the Owner to incur costs to clean the Space upon
termination, then all costs necessary to restore the Space to its prior condition shall be borne by Occupant. Owner has the right to
declare any such costs to repair as "rent" and non-payment of said costs entitles Owner to deny Occupant access to the Space.
6. LIMITATION OF VALUE: Occupant agrees that in no event shall the total value of all property stored be deemed to exceed
$5000.00 unless Owner has given permission in writing for Occupant to store property exceeding that value. Occupant agrees that the
maximum value for any claim or suit by Occupant, including but not limited to any suit which alleges wrongful or improper foreclosure or
sale of the contents of a storage unit is the total value referenced above. Nothing in this section shall be deemed to create any liability
on the part of Owner to Occupant for any lost or damage to Occupant's property, regardless of cause.
7. ABANDONMENT: This Agreement shall automatically terminate if Occupant abandons the Space. Occupant shall have abandoned
the Space if Occupant has removed the locking device from the Space and IS NOT current in all obligations hereunder or lock is cut
after default and it is determined, in the Owner's discretion, that the items in the unit have little or no value. Any property left in the
Space may be disposed of by the Owner. Rent paid for month in which Occupant moves out early shall not be refunded. THERE ARE
NO RENT REFUNDS.
8. TERMINATION: This agreement shall continue from month to month unless Occupant or Owner delivers to the other party a ten-day
advanced written notice of its intentions to terminate the Agreement. Upon termination of this Agreement, Occupant shall remove all
personal property from the space and shall deliver possession of the space to Owner unless such property is subject to Owner's lien
rights as referenced in this Rental Agreement. If Occupant fails to fully remove its property from the space within the time required,
Occupant shall be an Occupant at sufferance and Owner, at its option, may, without further notice or demand, either directly or through
legal process, reenter the Occupant's unit and remove all property therefrom without being deemed guilty in any manner of trespassing
or conversion. No refunds are allowed for partial- month occupancies. Occupant shall be charged a CLEAN UP FEE, identified above, if
Owner is required to remove any debris from either inside or outside the rented Space after Occupant vacates the Space.
9. OCCUPANT'S RISK OF LOSS: THE OWNER IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING
GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. THE OWNER EXERCISES NEITHER CARE,
CUSTODY, NOR CONTROL OVER THE TENANT'S STORED PROPERTY. All property stored within or on the space by Occupant or
located at the facility by anyone shall be stored at Occupant's sole risk. Occupant must take whatever steps he deems necessary to
safeguard what is at the facility or in or on the space. Occupant shall assume full responsibility for who has the keys and access to the
space. Owner and Owner's employees and agents shall not be liable for any loss of or damage to any personal property while at the
rented premises arising from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire,
smoke, water, mold, mildew, hurricanes, rain, tornados, explosions, terrorist acts, rodents, insects, Acts of God, the active or passive
acts or omissions or negligence of the Owner, Owner's agents or employees. IT IS AGREED BY OCCUPANT THAT THIS RELEASE
OF OWNER'S LIABILITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HERE AND THAT WERE OWNER NOT
RELEASED FROM LIABILITY, A MUCH HIGHER RENT WOULD HAVE TO BE AGREED UPON. Owner does not promise safety or
security of persons or property on the premises, and Owner had no duty of safety or security of same under any circumstances. Video
cameras may be non-operational or unmonitored. Access control devices may be unmonitored and may occasionally malfunction.
10. PERSONAL INJURY: Owner and Owner's agents and employees shall not be liable whatsoever to any extent to Occupant or
Occupant's invitees, family, employees, agents or servants for any personal injury or death arising from Occupant's use of the storage
space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the
Owner, Owner's agents or employees.
11. INDEMNIFICATION OF OWNER: Occupant will indemnify and hold the Owner harmless from and against any and all manner of
claims for damages or lost property or personal injury and costs including attorney's fees arising from Occupant's lease of the space on
the facility or from any activity, work or thing done, permitted or suffered by Occupant in or on the space or about the facility. In the
event that the space is damaged or destroyed by fire or other casualty, Owner shall have the right to remove the contents of the space
and store it at the Occupant's sole cost and expense without liability for any loss or damage whatsoever, and Occupant shall indemnify
and hold Owner harmless from and against any loss, cost, or expense of Owner in connection with such removal and storage. Should
any of Owner's employees perform any services for Occupant at Occupant's request, such employee shall be deemed to be the agent
of the Occupant regardless of whether payment for such services is made or not, and Occupant agrees to indemnify and hold Owner
harmless from any liability in connection with or arising from directly or indirectly such services performed by employees of Owner.
Notwithstanding that Owner shall not be liable for such occurrences, Occupant agrees to notify Owner immediately upon the
occurrence of any injury, damage, or loss suffered by Occupant or other person in any of such circumstances.
12. OWNER'S RIGHT TO ENTER: In cases where Owner considers it necessary to enter the space for purposes of examining the
space for violation of this agreement or condition in the space or making repairs or alterations thereto, or to comply with this agreement,
Occupant agrees that Owner, or Owner's representative, shall have the right without notice to enter into and upon the space and Owner
reserves the right to remove contents to another space.
13. OWNER'S LIEN RIGHTS: :OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR
RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS
PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS
AGREEMENT. PROPERTY STORED HEREUNDER MAY BE SOLD TO SATISFY THIS LIEN IF YOU ARE IN DEFAULT. AS
PROVIDED PURSUANT TO OHIO CODE Ā§5322.01 THROUGH 5322.05, PERSONAL PROPERTY STORED IN THE OCCUPANT'S
SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF RENT IS NOT PAID. OWNER HAS THE RIGHT TO CONDUCT
AUCTION SALES EITHER IN STORE OR ONLINE AND YOU AGREE TO ANY SUCH TYPE OF SALE. THIS LIEN COVERS ANY
PERSONAL PROPERTY WHICH YOU STORE IN THE SPACE, EVEN IF IT IS OWNED BY SOMEONE ELSE. THE OWNER SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE REMOVAL OR SALE OF ANY PERSONAL PROPERTY WHICH IS NOT
YOUR PROPERTY OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS WRITTEN NOTICE HAS BEEN GIVEN TO THE
OWNER BY YOU THAT THE PROPERTY PLACED IN THE SPACE WAS NOT THAT OF THE OCCUPANT. MOTOR
VEHICLE/WATERCRAFT: IF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE, TRAILER, OR
WATERCRAFT AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY REMAIN UNPAID OR UNSATISFIED FOR 60
DAYS FOLLOWING THE MATURITY OF THE OBLIGATION TO PAY RENT, OWNER MAY HAVE THE PROPERTY TOWED IN LIEU
OF FORECLOSING ON THE LIEN. IF A MOTOR VEHICLE, TRAILER, OR WATERCRAFT IS TOWED AS AUTHORIZED IN THIS
SECTION, OWNER SHALL NOT BE LIABLE FOR THE MOTOR VEHICLE, TRAILER, OR WATERCRAFT OR ANY DAMAGES TO
THE MOTOR VEHICLE, TRAILER, OR WATERCRAFT ONCE THE TOWER TAKES POSSESSION OF THE PROPERTY.
14. SECURITY AGREEMENT: This Agreement shall constitute a security agreement covering the contents (hereinafter referred to as
"collateral") of the Space, and a security interest shall attach thereto for the benefit of, and is hereby granted to Owner by Occupant to
secure the payment and performance of Occupant's default hereunder. Owner, in addition to all other rights and remedies it may have
in such event, may exercise any right or remedy wish respect so the Collateral which it may have under the Uniform Commercial Code
or otherwise. It is expressly understood that Owner retains its Owner's statutory lien. All rights of Owner hereunder or in law or in equity
are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. Occupant hereby waives
and renounces its right to the benefit of the exemptions provided under state law and as it may be amended.
15. OCCUPANT'S LIABILITY: In the event of a foreclosure, it is understood and agreed that the liability of Occupant for the rents,
charges, costs, and expenses provided for in this rental agreement shall not be relinquished, diminished or extinguished prior to
payment in full. It is further agreed that Occupant shall be personally liable for all rents, charges, costs and expenses, including those
incurred in the sale and/or disposition of the Occupant's property as provided for above. Owner may use a collection agency thereafter
to secure any remaining balance owed by Occupant after the application of sale proceeds if any and Occupant shall be liable for all
fees and costs for said collection. If any property remains unsold after foreclosure and sale, owner may dispose of said properly in any
manner considered appropriate by Owner.
16. ASSIGNMENT AND SUBLETTING: Occupant shall not assign this Agreement or sublet the whole or any portion of the space
rented hereunder.
17. WAIVER/ENFORCEABILITY: In the event any part of this Agreement shall be held invalid or unenforceable the remaining part of
this Rental Agreement shall be in full force and effect as though any invalid or unenforceable part or parts were not written into this
Agreement. No waiver by Owner of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent
default or breach by Occupant of the same or any other provision.
18. ATTORNEY'S FEES: In the event Owner obtains services of an attorney to recover any sums due under this agreement, for an
unlawful detainer, for the breach of any Covenant or conditions of this Agreement, or in defense of any demand, claim, or action
brought by Occupant, Occupant agrees to pay to Owner the reasonable costs, expenses, and attorney's fees incurred in such actions.
19. SUCCESSION: This Agreement is binding upon the parties, their heirs, successors, personal representatives and assigns.
20. GOVERNING LAW: This Agreement and any actions between the parties shall be interpreted by and governed by the laws of the
State of Ohio.
21. WAIVER OF JURY TRIAL: Owner and Occupant waive their respective rights to trial by jury of any cause of action, claim,
counterclaim, or cross complaint brought by either Owner against Occupant, or Occupant against Owner on any matter arising out of or
in any way connected with this Rental Agreement, Occupant's use or occupancy of the storage space, or any claim of bodily injury or
property damage or the enforcement of any remedy under any law, statute, or regulation.
22. LIMITED WARRANTY: This Agreement contains the entire Agreement of the parties and no representation or agreements, oral or
otherwise, between the parties not embodied herein shall be of any force or effect. The agents and employees of Owner are not
authorized to make warranties about the space, premises, and facility referred to in this Agreement. Owner's agents and employees'
ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Occupant nor shall any of said
statements be considered a part of the Agreement. The entire Agreement and understanding of the parties hereto is to be considered a
part of the Agreement. This entire Agreement and understanding of the parties hereto is embodied in this writing and NO OTHER
WARRANTIES are given beyond those set forth in this Agreement. The parties hereto agree that the IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, ARE EXCLUDED
from this transaction and shall not apply to the leased space, premises, and facility referred to herein. It is further understood and
agreed that Occupant has been given an opportunity to inspect, and has inspected this space, premises, and facility, and that Occupant
accepts such leased space, premises, and facility AS IS and WITH ALL FAULTS.
23. RULES: 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 Space or the preservation of good order in the Facility. Occupant agrees to follow
all Rules and Regulations now in effect, or that may be put into effect from time to time.
24. Notices from Owner: All notices from Owner shall be sent by first class mail postage prepaid to Occupant's last known address or
to the electronic mail address provided by the Occupant in this Rental Agreement. Notices shall be deemed given when deposited with
the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law.
25. Notices from Occupant: Occupant represents and warrants that the information Occupant has supplied in this Rental Agreement
is true, accurate and correct and Occupant understands that Owner are relying on Occupant's representations. Occupant agrees to
give prompt written notice to Owner of any change in Occupant's address, any change in the liens and secured interest on Occupant's
property in the Space and any removal or addition of property to or out of the Space within ten (10) days of the change. Occupant
understands he must personally deliver such notice to Owner or mail the notice by certified mail, return receipt requested, with postage
prepaid to Owner at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Owner.
26. CHANGES: All terms of this Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other
charges, are subject to change upon thirty (30) days prior written notice to Occupant. If changed, the Occupant may terminate this
Agreement on the effective date of the change by giving Owner ten (10) days prior written notice to terminate after receiving notice of
the change, If the Occupant does not give such notice, the change shall become effective and apply to his occupancy.
27. OCCUPANT'S LOCK: Occupant shall provide at Occupant's own expense a lock for the space which Occupant, in Occupant's sole
discretion, deems sufficient to secure the space. Space shall be immediately locked upon execution of the agreement. Occupant shall
not provide Owner or Owner's agents with a key and/or combination to Occupant's lock unless deliveries are to be accepted by Owner
on Occupant's behalf. If lock is not placed on unit or Space is found without a lock, Owner has the right to place a new lock on the
Space to secure the Unit without creating a bailment.
28. MILITARY SERVICE: In order to comply with SERVICE MEMBERS CIVIL RELIEF ACT it is Occupant's obligation to notify the
Owner in writing that Occupant and any Occupant family member storing goods at the Facility are in active military service, in order to
determine Occupant's qualifications under this Act. If Occupant's military status or Occupant's family member's military status changes,
Occupant is required to notify the Owner in writing of this change immediately.
29. FINANCIAL INFORMATION: Owner does not warrant or guarantee that any of Occupant's financial information, including, without
limitation, credit card and bank account information, will not be stolen or otherwise compromised. Occupant waives and releases any
and all claims or actions against Owner and its respective agents, employees and affiliates for damages arising from the use of said
information by others.
30. CLIMATE CONTROL (As Applicable): The climate controlled spaces are heated or cooled depending on outside temperature. The
climate controlled spaces do not provide constant internal temperature or humidity control and Owner does not guarantee that
temperature and humidity will not fluctuate. Occupant releases Owner and its respective agents, employees and affiliates from all
liability for damage to stored property from fluctuations in temperature or humidity from any cause including the negligence of Owner or
its respective agents, employees or affiliates. Occupant understands that there is a risk of the growth of mold and/or mildew on
Occupant's stored property, even in a climate controlled Space. Owner recommends that Occupant periodically inspect the Space and
the property, taking any and all actions necessary to protect Occupant's property.
31. PERMISSION TO CALL, FAX, E-MAIL OR TEXT: Occupant recognizes Owner and Occupant are entering to a business
relationship as Owner and Occupant. As such, to the extent any Federal or State law prohibits Owner from contacting Occupant by
phone, fax, e-mail or text, Occupant hereby consents to Owner phoning, faxing, e-mailing and texting Occupant with marketing and/or
other business related communications.
32. STORAGE OF MOTOR VEHICLES: In the event that any motor vehicle remains stored in the Space after termination of the Rental
Agreement or upon Occupant's default, and in addition to all other rights and remedies available to Owner, Owner 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. Occupant acknowledges that he or
she has personally been given notice that the vehicle is subject to removal at the Occupant's expense. Owner shall incur no liability to
Occupant for causing the vehicle to be removed pursuant to this paragraph.
33. INSURANCE OBLIGATION: THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE
OCCUPANT'S PERSONAL PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE
OCCUPANT'S RESPONSIBILITY TO OBTAIN SUCH INSURANCE. Occupant, at Occupant's sole expense, shall maintain an
insurance policy of fire, extended coverage endorsement, burglary, vandalism and malicious mischief insurance for the actual cash
value of the stored property. Insurance on Occupant's stored property is a material condition of this agreement, and is for the benefit of
both Occupant and Owner. Occupantā€™s failure to carry the required insurance is a breach of this agreement, and Occupant
assumes all risk of loss to stored property that would be covered by such insurance, including any loss due to any acts whatsoever of
Owner, Ownerā€™s agents or employees, including, but not limited to the alleged negligent or intentional acts of Owner, or Ownerā€™s agents
or employees, including negligent or intentional disposal of Occupant's stored property. Occupant expressly agrees that the carrier of
such insurance shall not be subrogated to any claim of Occupant against Owner, Owner's agents or employees. It is expressly agreed
between Occupant and Owner that it is intended that insurance coverage be acquired by Occupant to cover loss of the property due to
any acts whatsoever of Owner, Owner's agents, or employees, whether intentional or negligent, or active or passive in nature, which
results in any loss, disposal, or damage to Occupant's stored property.
INSURANCE ELECTION: Occupants elects one of the following (please initial):
______I have provided evidence of insurance from my insurance agent or company for my personal property and contents. I agree to
keep the insurance in force during the time of my lease.
INSURANCE COMPANY NAME: _________________________ POLICY #: ___________________
______I agree to enroll in SBOA TI (Tenant Insurance).
______ I personally assume all risk and loss to my property in my storage space.
Occupant agrees and understands that the insurance program can be cancelled at any time if Occupant provides evidence of third
party insurance coverage for its stored property. Occupant further consents to business communication by Owner and Insurer
via phone, text, e-mail and fax.
If Occupant does not provide Owner with a proof of insurance upon entering into this Agreement, or otherwise purchase the
insurance program offered by the Owner, Occupant shall be automatically enrolled in the insurance program offered by the
Owner and Occupantā€™s monthly rate will be adjusted accordingly. Occupant can cancel the insurance program offered by the
Owner at any time if Occupant provides proof of insurance or personally assumes all risk and loss to property in storage
space.
NOTICE TO OCCUPANT: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ ALL PAGES (This is a multi-page document),
AND FULLY UNDERSTAND THE CONTENTS CONTAINED HEREIN. KEEP A COPY OF THIS AGREEMENT TO PROTECT YOUR
LEGAL RIGHTS. OCCUPANT HEREBY ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE HAS READ, UNDERSTOOD
AND ACCEPTS ALL THE TERMS AND CONDITIONS EXPRESSED IN THIS MULTI-PAGE AGREEMENT.
Owner:______________________________________________ ___/___/____
Facility Manager
Occupant:______________________________________________ ____ /____/____
(signature)
___________________________________________________ ___
(Print Name)
Tenant Insurance Program
ENROLLMENT FOR ACCEPTANCE OF INSURANCE UNDER MASTER POLICY NUMBER: RS000003
Facility Operator: Facility Name:
Applicant Name: Unit #:
Facility License:
I WANT TO ENROLL IN THE TENANT INSURANCE PROGRAM FROM HARCO NATIONAL INSURANCE COMPANY, serviced by
CORNERSTONE INSURANCE PRODUCERS IN THE AMOUNT OF:
Select a Limit:
__ $2000
__ $5000
Monthly Fee:
__ $9
__ $21
Insurance Start Date:
I understand that the amount noted is the amount of insurance I have selected. This is a maximum limit. The actual amount paid in the event of loss
will be determined by proof of loss documentation. I authorize the Owner to receive the premium and to send it to the insurance company on my
behalf. I understand that the Operator of the storage facility, as a limited lines insurance licensee, is authorized to discuss and transact insurance
that covers the goods I will store while at the Operatorā€™s facility, and that the Operator may be paid commission or other valuable consideration for
their role in the insurance transaction. The Operator is not licensed or qualified to discuss or transact any other type of insurance.
My insurance will start on ______ and will be renewed each month until I terminate the insurance or move out. I understand that the Regular
Monthly Premium is due each month on or before each monthly renewal date. The premium is fully earned.
I hereby request to enroll in the Tenant Insurance program in the amount listed above. I have voluntarily elected to enroll in the insurance program
available through Cornerstone Insurance Producers. I have read and completed this application for insurance provided in the Master Policy written
by HARCO NATIONAL INSURANCE COMPANY.
When I have properly completed and signed this application and it is attached to the issued Tenant Insurance Program Certificate my coverage will
be in effect. I will become insured effective as of ______ for the amount of insurance I have selected and initialed above. I understand that my
insurance will continue on a month-to-month basis as long as I continue to pay the premium noted above. Failure to pay any premium in full will
result in the cancellation, without notice, of my insurance.
ELIGIBILITY: I understand that the opportunity to purchase insurance on property stored within the building is available to all Tenant/Occupants who
have entered into a Rental Agreement with the Owner for enclosed storage space. Coverage does not apply to property stored in a commercial office
suite, retail space, parking space, other open storage areas or any other location. Some property that may be stored in an enclosed unit is excluded
from coverage, such as antiques and currency. It is my responsibility to read and understand the Certificate of Insurance and how it may exclude
some of my belongings from coverage.
PREMIUM RATES: I understand that I will receive sixty days notice of changes in the premium rates, if any, and the new rate shall be effective on the
next insurance renewal date following the sixty days in which advance notice of such change is delivered to me.
Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an
application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
DATE SIGNED: _________________ APPLICANTā€™S SIGNATURE: __________________________________
PRINTED NAME: __________________________________
SB 00 02 OH 08 15
CERTIFICATE OF STORAGE
INSURANCE
HARCO NATIONAL INSURANCE COMPANY
TENANT INSURANCE UNDER MASTER POLICY NUMBER:
This is to certify that the undersigned has arranged insurance as hereinafter specified and underwritten by
Harco National Insurance Company
Name of Person or Organization: Space: Date:
Customer of:
DEFINITIONS:
When used in reference to this insurance, ā€œyouā€ and ā€œyourā€ refer to the person(s) named as tenant in the Rental Agreement. ā€œWe,ā€ ā€œusā€
and ā€œourā€ refer to the insurance company. In addition, certain words and phrases are defined as follows:
OWNER
ā€“ shall mean the owner, landlord, lessor or operator of the self-storage facility.
RENTAL AGREEMENT ā€“ means the Rental Agreement executed and in effect between you and the ā€œownerā€.
INSURANCE APPLICATION ā€“ means the ā€œEnrollment For Acceptance Of Insurance Under Master Policy Numberā€ form you
completed.
AMOUNT OF INSURANCE ā€“ means the amount of insurance printed on your signed Insurance Application form for coverage.
PREMIUM ā€“ means the amount shown in the Insurance Application form as premium for your insurance.
EFFECTIVE DATE: This insurance attaches on the date shown on the
Insurance Application
. This insurance shall remain in effect until
terminated or cancelled as provided by this certificate.
PROPERTY
INSURED: We cover your personal property or the personal property of others for which you may be liable or have assumed
liability prior to a loss while in storage within the enclosed storage space described in the
Rental
Agreement.
PERILS
INSURED
AGAINST: We cover direct loss to property insured by the following perils, except as otherwise excluded but limited to
the amount of insurance.
a) Fire or Lightning j) Vandalism or Malicious Mischief
b) Windstorm or Hail k) Falling objects, provided the exterior of the building containing the
property
c) Cyclone, Tornado or Hurricane is first damaged by falling objects by such falling objects
d) Explosion or Sonic Boom l) Weight of Ice, Snow or Sleet
e) Strikes, Riot or Civil Commotion m) Collapse of Buildings containing the property insured, other
f) Aircraft, Self-propelled Missiles or Spacecraft than by earthquake
g) Vehicles n) Water Damage except as excluded under Paragraphs (b) and (c)
Exclusion
h) Smoke o) Earthquake
i) Landslide, including sinkhole collapse
ADDITIONAL COVERAGES: We will also provide these additional coverages up to the amounts stated below. These additional
coverages do not increase the amount of insurance.
BURGLARY: 100% of the amount of insurance coverage for loss by burglary or holdup. The term ā€œBurglaryā€ shall mean the act of stealing
property by forcible entry into the storage space described in the
Rental
Agreement; however, this coverage only applies when such storage
space is
securely
locked at the time of the forcible entry. The mere absence of a lock will not constitute forcible entry.
DEBRIS
REMOVAL:
20% of the amount of your
insurance
under the Master Policy to cover the
necessary
expense incurred in the removal
of debris from the property insured following an insured loss.
TRANSIT: 100% of the amount of your insurance under the Master Policy for loss by fire or by the collision or overturn of a motor vehicle
or trailer upon which covered property is being transported while such property is in transit to or from the storage space, provided the property
is within 100 miles of the described storage facility.
EXTRA RENTAL
SPACE: 20% of the amount of your insurance under the Master Policy to cover the extra expense necessarily incurred by
you for the rental of substitute storage when occupancy of the described storage space is prevented as a result of loss or damage to
storage facility building by a peril insured against in this policy.
EXCLUSIONS: We do not insure:
a) Accounts, bills, currency, deeds, evidence of debt, evidence of ownership, contracts and titles, securities, negotiable
instruments,
money, lottery tickets notes, animals, jewelry, watches, precious or semi-precious stones, furs, or garments trimmed with fur, breakage
of glass or similar fragile articles, illegal drugs, food, alcohol and explosives.
b) Against loss or damage caused by or resulting from wear and tear, gradual deterioration, maintenance, inherent vice, latent defect,
moths, insects, rodents, vermin, mold, mildew, wet or dry rot, atmospheric condition and /or changes in temperature, delay, loss of
use or loss of market.
c) Against loss or damage caused by, resulting from, contributing to or aggravated by flood, surface water, waves, tidal water or tidal wave,
or
overflow
of streams or other bodies of water, including but not limited to escape, overflow or discharge, for any reason, of water or
waterborne material from a dam, levee, seawall or any other boundary or containments system, unless fire or
explosion
ensues, and
then we will pay only for the ensuing loss.
d) Loss or damage caused by cigarettes or other smoking materials, unless fire ensues.
e) Loss or damage caused by the neglect of the Insured to use all reasonable means to save and preserve the insured property at and
after the occurrence of any peril insured against, or when the insured property is endangered by an insured peril.
f) Loss or damage caused intentionally by the Insured or at the direction of the Insured.
g) Loss or damage of contraband, or caused by illegal transportation or trade.
h) Loss or damage resulting from activity in violation of the
Lease a
greement.
i) Loss or damage caused by theft or mysterious disappearance, except burglary as covered herein.
j) Losses caused by nuclear hazards:
ā€œNuclear Hazardā€ means any nuclear reaction, radiation or radioactive contamination, all whether controlled or uncontrolled of
however caused or any consequence of any of them. Loss caused by the nuclear hazard shall not be considered loss caused by
fire, explosion, or smoke, whether these perils are specifically named in or otherwise included within the ā€œPerils Insured Againstā€
clause.
The insurance evidenced by this policy does not apply to loss caused directly or indirectly by nuclear hazard, except that direct loss
by fire resulting from the nuclear hazard is covered.
k) War risk and governmental action:
The insurance evidenced by this policy does not apply to loss caused directly or indirectly by or due to any act or condition incident
to the following:
Hostile or warlike action in time of peace or war, including action in hindering, combating, or defending against an actual , impending
or expected attack,
By any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or
By military, naval or air forces
or
By an agent of any such government, power, authority or forces, it being understood that any discharge, explosion or use of any
weapon of war employing nuclear fission or fusion shall be conclusively presumed to be such a hostile or warlike action by such
governmental power, authority or forces.
Insurrection, rebellion, revolution, civil war, usurped power or action taken by
governmental
authority in hindering, combating or
defending against such an occurrence, and seizure or destruction under quarantine, or customs regulations, confiscation by order of
any government or public authority, or risks of contraband or illegal transportation or trade.
DEDUCTIBLE CLAUSE: There is no deductible applicable to a loss covered under this policy.
TERMINATION OF INSURANCE: This insurance shall automatically terminate without notice to you:
On the date your Rental Agreement is terminated;
On the first day the Insured fails to pay the premium in full for this insurance by the Insuredā€™s monthly anniversary day, or
As provided in the Cancellation clause shown below.
Premium for the month of termination is fully earned and there shall be no return premium due to the Insured for such month.
VALUATION: The value of the property will be determined at the time of loss and will be the least of the following amounts:
The actual cash value of that property;
The cost of reasonably restoring that property to the condition immediately before loss; or
The cost of replacing that property of like kind and quality.
DUTIES YOU HAVE AFTER A LOSS: You will give prompt notice to us at site location and to our authorized representative and
in case of burglary also to the police. The notice should include:
How when and where the loss occurred;
The property involved and your interest in it; and
The names and addresses of any witnesses.
IF YOU HAVE A LOSS: Write or telephone:
Cornerstone Insurance Producers - TI Phone # 800-792-0345
425 N. Prince St., Suite 101
Lancaster, PA 17603
CONCEALMENT, MISREPRESENTATION AND FRAUD: If you commit fraud by intentionally concealing or misrepresenting a
material fact concerning The insurance evidenced by this Certificate, Covered property or Your interest in the covered property You
will void your insurance under this policy and be subject to prosecution.
EXAMINATION UNDER OATH: Before recovering for any loss, if requested, you:
Will permit us to inspect the damaged property before it is disposed of or repaired;
Will send us a sworn statement of loss containing the information we request to settle your claim within 60 days of our
request;
Will agree to examinations under oath at our request;
Will produce others for examination under oath at our request;
Will provide us with all pertinent records needed to prove the loss; and
Will cooperate with us in the investigation or settlement of the loss
APPRAISAL: If you and we do not agree as to the amount of loss, then you and we will select a competent appraiser upon receiving
a written request from the other. The appraisers will select an umpire. If they do not agree on an umpire, the appraisers will ask a
judge of a court of record of the state in which the appraisal is pending to make the selection. The written agreement of any two
will be binding and set the amount of loss. You will pay the expense of your appraiser and we will pay for ours. You and we will
share equally the expense of the umpire and the other expenses of the appraisal.
LOSS PAYMENT/OTHER RECOVERIES: We will pay or make good any insured loss under the insurance evidenced by this
certificate within 30 days after we reach agreement with you, the entry of final judgment or the filing an arbitration award, whichever
is earlier. We will not be liable for any part of a loss which has been paid or made good by others.
LEGAL
ACTION AGAINST US: No one may bring legal action against us unless:
There has been full compliance with all terms of the insurance evidenced by this certificate; and
Such action is brought within two years after you first have knowledge of a loss.
TRANSFER RIGHTS OF
RECOVERY AGAINST
OTHERS TO US: If any person or organization to or from whom we make payment
under the insurance evidenced by this certificate has a right to recover damages from another, that right must be transferred to us. That
person or organization must do everything necessary to assist us, and must do nothing after the loss to hinder us in our recovery.
PAIR, SET OR PARTS:
Pair or Set. In case of loss to any part of a pair or set we may:
Repair or replace any part to restore the pair or set to its valuation before the loss; or
Pay the difference between the valuation of the pair or set before and after the loss.
Parts. In case of loss to any part of covered property, consisting of several parts when complete, we will pay only for the valuation
of the lost or damaged part.
OPTIONAL
ARBITRATION: Except for decisions made under the appraisal condition, in the event you and we fail to agree as to the
interpretation or applicability of any of the terms of our Insurance, you may elect to resolve the disagreement by binding arbitration in
accordance with the statutory rules and procedures of the state in which the property is located or in accordance with the Commercial
Arbitration Rules of the
American Arbitration
Association. This option is granted to you subject to the following terms and conditions:
Any arbitration instituted to determine coverage for a specific loss must be started within one year after the occurrence causing loss or
damage. This optional arbitration clause is intended to grant an additional right to you. All other terms and conditions of this contract
remain the same, and no rights or duties of yours or ours shall be diminished or negated by reason of this clause or exercise of this
option.
CANCELLATION: The insurance evidenced by this Certificate may be canceled at any time by you, upon providing advanced
notice in writing to us or to your facility management. Facility Management will send notice to your address shown on the Rental
Agreement prior to the effective date of cancellation of this certificate. The insurance evidenced by this policy shall automatically
terminate in event of non-payment or partial payment of premium as provided above without further notice to you. Premium for the
month of cancellation is fully earned and there shall be no return premium due you for such month. If any part of this paragraph is
in conflict with specific state requirements the state requirements will apply.
CHANGES:
This Certificate and the Master Policy contains agreements between you and us concerning the insurance afforded. This
policyā€™s terms can be amended or waived only by endorsement issued by us and made a part of The Master Policy.
SB 00 03 06 15
MASTER POLICY
ENHANCED MASTER POLICY
OHIO AMENDATORY ENDORSEMENT
This endorsement changes the following coverage forms:
SELF-STORAGE TENANT INSURANCE PROGRAM MASTER POLICY
SELF-STORAGE TENANT ENHANCED INSURANCE PROGRAM MASTER POLICY
A. The Cancellation section is replaced by the following:
Cancellation:
With respect to a policy which has been in effect for more than 90 days, or is a renewal of a policy we issued, the Cancellation
Common Policy Condition is replaced by the following:
1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice
of cancellation.
2. We may cancel this policy only for one or more of the following reasons, except as provided in Paragraph 6. below:
a. Nonpayment of premium;
b. Discovery of fraud or material misrepresentation in the procurement of the insurance or with respect to any claims
submitted thereunder;
c. Discovery of a moral hazard or willful or reckless acts or omissions on your part which increases any hazard insured
against;
d. The occurrence of a change in the individual risk which substantially increases any hazard insured against after the
insurance coverage has been issued or renewed except to the extent the insurer could reasonably have foreseen the
change or contemplated the risk in writing the contract;
e. Loss of applicable reinsurance or a substantial decrease in applicable reinsurance, if the Superintendent has determined
that reasonable efforts have been made to prevent the loss of, or substantial decrease in, the applicable reinsurance, or to
obtain replacement coverage;
f. Failure of an insured to correct material violations of safety codes or to comply with reasonable written loss control
recommendations; or
g. A determination by the Superintendent of Insurance that the continuation of the policy would create a condition that would
be hazardous to the policyholders or the public.
3. We will mail written notice of cancellation to the first Named Insured, and agent if any, at the last mailing addresses known to
us. Proof of mailing will be sufficient proof of notice.
4. We will mail the notice of cancellation at least:
a. 10 days before the effective date of cancellation, if we cancel for nonpayment of premium; or
b. 30 days before the effective date of cancellation, if we cancel for a reason stated in 2.b. through 2.g. above.
5. The notice of cancellation will:
a. State the effective date of cancellation. The policy period will end on that date.
b. Contain the date of the notice and the policy number, and will state the reason for cancellation.
6. Policies written for a term of more than one year or on a continuous basis may be cancelled by us for any reason at an
anniversary date, upon 30 days' written notice of cancellation.
7. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro
rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have
not made or offered a refund.
B. The following is added to the Changes section:
We will provide the insured with at least sixty days notice prior to the effective date of any changes we make.
SB 00 45 08 15