Terms

1. STORAGE:

(a) The Customer may store items ("Goods") in the Space allocated to the Customer by the Company, and only that Space.

(b) The Customer is deemed to have knowledge of the Goods in the Space.

(c) The Customer warrants that they are the owner of the Goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.

(d) The Company does not have and will not be deemed to have, knowledge of the Goods.

(e) The Company is not a bailey nor a warehouseman of the Goods and the Customer acknowledges that the Company does not take possession of the Goods

2. TERM:

The Company rents to the Customer the storage space designated (hereinafter called “Unit”), subject to the terms and conditions of this Agreement and continuing month-to-month until terminated or revised. The Unit is clean and undamaged upon Customer occupancy unless otherwise noted on a signed addendum to the Agreement. Company reserves the right to revise any part of this Agreement, or cancel it, with 30 days advance notice to Customer. Said revised Agreement shall not require Customers signature to become effective.

3. COST:

(a) The Customer must upon signing the Agreement pay to the Company the Deposit (refunded within 30 days of termination when applicable) and/or any other fees that may apply.

(b) The Customer is responsible for payment of the Storage Fee, being the amount indicated in this Agreement or the amount notified to the Customer by the Company from time to time. The Storage Fee is payable in advance and it is the Customer's responsibility to ensure that payment is made directly to the Company on time, and in full, throughout the period of storage.

(c) The Customer is responsible for Late Payment Fees, as advised separately, which becomes payable each time a payment is late.

(d) The Customer is responsible for any costs incurred by the Company in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to; postal, telephone, debt collection, personnel and/or the default action costs, and legal fees and expenses.

(e) The Customer will be fully responsible for payment of any government taxes or charges whatsoever related to the storage of Goods under this Agreement.

4. DEFAULT:

(a) Customer agrees that if the Customer fails to pay rent by the end of the fifth (5th) calendar day after said rent is due, Customer will be considered in default of this Agreement and a late fee of $15.00 will be charged to the Tenant’s account. Late fees apply with or without notice. Furthermore, pursuant to Montana law, Company may deny Customer access to the storage space by overlocking the space until the rent plus late fee is paid in full.

(b) Notwithstanding clause 23, Customer agrees that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 60 days of the due date the Company may, without further notice, enter the unit (“Space”), by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the Company may in its sole discretion determine. In such event Customer agrees that possession of the Goods shall pass from Customer to the Company at the moment the Company accesses the Space. The Customer consents to and authorizes the sale or disposal of all Goods regardless of their nature or value. The Customer will be fully responsible for payment of all costs associated with the Company accessing the Customer’s Space and the disposal or sale of the Customer’s Goods.

5. RIGHT TO DISPOSE OF GOODS:

(a) If, in the opinion of the Company and at the sole discretion of the Company, a defaulting Customer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the Company may dispose of all Goods in the Customer’s Space by any means at the expense and sole liability of the Customer.

(b) Upon Termination of the Agreement (Clause 23) by either the Customer or the Company, in the event that Customer fails to remove all Goods from their Space or the building in which the Space is located (“Facility”), the Customer authorizes the Company to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods.

(c) Any items left unattended in common areas or outside the Customer’s Space at any time may, at the Company’s sole discretion be sold, disposed of, or moved immediately at the sole expense and liability of the Customer.

6. ACCESS AND CONDITIONS:

(a) The Customer has the right to access the Space during Access Hours as posted by the Company and subject to the terms of this Agreement;

(b) The Customer will be solely responsible for the securing of the Space, and shall secure the Space at all times when the Customer is not in the Space in a manner acceptable to the Company, and where applicable, the Customer will secure the external gates and/or doors of the Facility. The Customer is not permitted to apply a padlock to their Space in the Company’s overlocking position, and the Company is entitled to have any such padlock forcefully cut off at the Customer’s liability and expense.

(c) The Customer is prohibited from storing any Goods that are hazardous, illegal, stolen, alive or dead, inflammable, explosive, environmentally harmful, perishable or may pose a risk to any person or other property.

(d) The Customer agrees not to live in the storage space or use the space for any illegal purpose.

(e) The Customers are advised to not store items which are irreplaceable, such as currency, jewelry, furs, deeds, paintings, curios, works of art and items of personal sentimental value.

(f) The Customer will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;

(g) The Customer must not attach nails, screws etc. to any part of the Space and must maintain the Space by ensuring it is clean and in a state of good repair and must not damage or alter the Space whatsoever without the Company’s consent; in the event of uncleanliness or of damage to the Space or Facility the Company will be entitled to retain the Customer’s deposit and recover full reimbursement from the Customer for the full value of any repairs and/or cleaning required.

(h) The Customer agrees to observe a 5 M.P.H. speed limit on the premises.

(i) The Customer agrees to use and Customer shall provide at Customer's expense a lock deemed sufficient to secure the Unit. Customer agrees to keep Unit locked when Customer is not present at premises. Company may, but is not required to lock the Customer's storage space if it is found unlocked. Customer may use only one (1) lock per storage space door and Company may remove any additional locks placed on storage space by Customer.

(j) The Customer cannot assign this Agreement.

(k) The Customer must give Notice to the Company in writing of the change of address, phone numbers or email address of the Customer or any Alternate Contact Person (“ACP”) within 48 hours of any change.

(l) The Customer grants the Company entitlement to discuss any default by the Customer with the “ACP” registered on the front of this Agreement.

(m) The Company may refuse access to any person, to the Space and/or the Facility in the event that monies are owed by the Customer to the Company, regardless of whether or not a formal demand for payment has been made.

(n) The Company will not be liable for any loss or damages suffered by the Customer resulting from an inability to access the Facility or the Space, regardless of the cause.

(o) The Company reserves the right to relocate the Customer, without expense to Customer, to any unit of comparable size under certain circumstances at the sole discretion of the Company.

(p) The Company shall have the right to establish or change hours of operation or to promulgate rules and regulations for the safety, care, and cleanliness of the premises, or the preservation of good order on the premises.

(q) The Customer agrees that the terms of this document constitute the whole contract with the Company and that, in entering this contract, the Customer relies upon no representations, oral or otherwise, other than those contained in this Agreement.

(r) The Customer acknowledges that it has raised all queries relevant to its decision to enter this Agreement with the Company and that the Company has, prior to the Customer entering into this Agreement, answered all such queries to the full satisfaction of the Customer. The Customer acknowledges that any matters resulting from such queries have, to the extent required by the Customer and agreed to by the Company, been reduced to writing and incorporated into the terms of this Agreement. No failure or delay by the Company to exercise its rights under this Agreement will operate as a waiver to those rights.

7. RISK AND RESPONSIBILITY:

(a) The Goods are stored at the sole risk and responsibility of the Customer who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin, any Force Majeure event or any other reason whatsoever.

(b) The Customer agrees to indemnify and keep indemnified the Company from all claims for any loss of or damage to the property of, or personal injury to or death of the Customer, the Facility, the Company or third parties to the maximum extent permitted by law, resulting from or incidental to the use of the Space by the Customer, including but not limited to the storage of Goods in the Space, the Goods themselves and/or accessing the Facility.

(c) The Customer acknowledges and agrees to comply with all relevant laws, including Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Customer, and includes any and all costs resulting from such a breach.

(d) If the Company has reason to believe that the Customer is not complying with all relevant laws the Company may take any action the Company in its sole discretion believes to be necessary, including but not limited to the action outlined in this agreement, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of, or removing the Goods at the Customer’s expense. The Customer agrees that the Company may take such action at any time even though the Company could have acted earlier.

8. INSPECTION AND ENTRY BY THE COMPANY:

(a) The Customer consents to inspection and entry of the Space by the Company provided that the Company gives 21 days written Notice.

(b) The Customer agrees that in the event of an emergency, or where obliged to do so by law or in the event that property, the environment, or human life is, in the opinion of the Company, threatened, the Company may enter the Space using all necessary force without prior notice to the Customer. In such event the Company shall notify the Customer as soon as practicable thereafter.

9. NOTICE:

Notices will be given by email, or will otherwise be posted via certified mail to the address of the Customer. In relation to the giving of Notices by the Customer to the Company, Notices must be in writing and actually be received to be valid, and the Company may specify a required method. In the event of not being able to contact the Customer, Notice is deemed to have been given to the Customer by the Company if the Company serves that Notice on the ACP as identified on the front of this Agreement, and/or has sent Notices to the last notified address or other contact including SMS or email of the Customer or ACP. In the event that there is more than one Customer, Notice to or by any single Customer is agreed to be sufficient for the purposes of any Notice required under this Agreement.

10. TERMINATION:

(a) Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with the period indicated on the front of this Agreement. In the event of any illegal or environmentally harmful activities on the part of the Customer the Company may terminate the Agreement without Notice. The Company is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Customer. The Customer must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of the Company. In the event that Goods are left in the Space after the Termination Date, the Customer authorizes the Company to dispose of all Goods by any means 7 days from the Termination Date, regardless of the nature or value of the Goods. The Customer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to the Company up to the Termination Date. Any calculation of the outstanding fees will be made solely by the Company. If the Company enters the Space for any reason and there are no Goods stored therein, the Company may terminate the Agreement without prior Notice, but the Company will send Notice to the Customer within 7 days.

(b) The Parties’ liability for outstanding money, property damage, personal injury, environmental damage and legal responsibility under this Agreement shall survive termination of this Agreement.

11. SEVERANCE:

All provisions in this Agreement are severable and no provision herein shall be affected by the invalidity of any other such provision.

12. MEDIATION OF DISPUTES:

The parties must endeavor to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation.

13. JURISDICTION:

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, and the parties submit to the exclusive jurisdiction of the State of Montana.