Terms of Service
This Rental Agreement, (hereinafter referred to as the “Agreement”), is made and entered into as of the above set forth date (the “Rental Agreement Date”), by and between the Owner, (hereinafter referred to as the “Owner”), and the Occupant identified above, (hereinafter referred to as the “Occupant”), whose last known address is set forth above. For the consideration provided for in this Agreement, the Occupant agrees to rent from the Owner, and the Owner agrees to let the Occupant use and occupy the parking space listed above (hereinafter referred to as the “Space”) in the self-service parking facility known as INTERSTATE PARKING AIKEN, LLC, located in the Town of AIKEN, AIKEN County, South Carolina (hereinafter referred to as the “Property”).
The “Space” as used in this Agreement means that part of the self-service parking facility described above. Such Space shall be occupied and used only for the purposes specified in this Agreement and at all times subject to the terms and conditions set forth herein, beginning on the Rental Agreement Date listed above and continuing until selected duration is terminated.
1. Rent and Default
Occupant agrees to pay the Owner for the use of the Space and improvements thereon as follows:
Installments are payable in advance at IPAIKEN.COM on or before the 24 HOUR PERIOD “Due Date” in the amount of the Rent stated above, and a like amount each day (24-hour period) hereafter, until the termination of this Agreement. The Owner acknowledges receipt of the sum set forth above as the amount tendered this day through the “Paid To Date”. If any payment given is dishonored or Occupant remains on in the Space after the 24-hour period has expired without renewing installment, occupant is considered to be in default and the owner may deny access to the personal property located in the self-service parking facility and charge additional rent to occupant. Each additional 24 hour period will be charged an additional $15, not to exceed the monthly rate of $150.
THIS IS THE OCCUPANT’S NOTICE THAT OCCUPANT MAY BE DENIED ACCESS UPON DEFAULT. The Occupant’s failure to perform any of its obligations under the terms and conditions of this Agreement or the Occupant’s breach of the peace shall also constitute a default hereunder. The Occupant agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the foreclosure, sale, or removal of Occupant’s property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant’s account prior to the Owner removing property by local towing company will constitute non-removal. Occupant will pay all cost of enforcement incurred by Owner including reasonable attorney’s fees.
Installments are payable in advance at IPAIKEN.COM on or before the “Due Date” in the amount of the Rent stated above, and a like amount each week hereafter, until the termination of this Agreement. The Owner acknowledges receipt of the sum set forth above as the amount tendered this day through the “Paid To Date”. If any payment given is dishonored or Occupant remains on in the Space after 24-hour after the “Paid to Date” has expired without renewing installment, occupant is considered to be in default and the owner may deny access to the personal property located in the self-service parking facility and charge additional rent to occupant. Each additional 24 hour period will be charged an additional $15, not to exceed the monthly rate of $150.
THIS IS THE OCCUPANT’S NOTICE THAT OCCUPANT MAY BE DENIED ACCESS UPON DEFAULT. The Occupant’s failure to perform any of its obligations under the terms and conditions of this Agreement or the Occupant’s breach of the peace shall also constitute a default hereunder. The Occupant agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the foreclosure, sale, or removal of Occupant’s property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant’s account prior to the Owner removing property by local towing company will constitute non-removal. Occupant will pay all cost of enforcement incurred by Owner including reasonable attorney’s fees.
Monthly installments are payable in advance at IPAIKEN.COM on or before THE 1ST OF EACH MONTH “Due Date” in the amount of the Rent stated above, and a like amount each month hereafter, until the termination of this Agreement. The Owner acknowledges receipt of the sum set forth above as the amount tendered this day through the “Paid To Date”. When rent is SEVEN (7) calendar days past due, or if any payment given is dishonored, occupant is considered to be in default and the owner may deny access to the personal property located in the self-service parking facility
THIS IS THE OCCUPANT’S NOTICE THAT OCCUPANT MAY BE DENIED ACCESS UPON DEFAULT. The Occupant’s failure to perform any of its obligations under the terms and conditions of this Agreement or the Occupant’s breach of the peace shall also constitute a default hereunder. The Occupant agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the foreclosure, sale, or removal of Occupant’s property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant’s account prior to the Owner removing property by local towing company will constitute non-removal. Occupant will pay all cost of enforcement incurred by Owner including reasonable attorney’s fees.
2. Permitted Vehicles
The Owner allows the Occupant to park any vehicle to include but not limited to boats, RVs, semi-trucks with or without trailer as long as it fits within the defined space. Other vehicles may be permitted with approval by the Owner. The Owner reserves the right to deny access to any of the listed vehicles at any time for any reason.
3. Denial of Access
In addition to denial of access due to default as set forth above, access will be denied to any party other than the occupant who does not retain gate code or has supplied Owner with written authorization from the occupant 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.
4. Late Charges
A late charge of $15.00 will be added to any monthly rental when payment that is more than SEVEN (7) days past due. Then, after FIFTEEN (15) days past due, a $25.00 charge will be added, and after THIRTY (30) days, the vehicle will be deemed in default and then the vehicle may be impounded and a $50.00 a day storage fee will accumulate. Notwithstanding, such late charges, failure to pay and such monthly payment on or before the due date shall be deemed a default of Occupant under terms of this agreement.
5. Use of Spaces; Compliance with Law
(a). The Space named herein shall be used by the Occupant solely for the purposes of parking vehicle(s) that belong to the Occupant or Occupant(s) affiliate. The Occupant agrees not to store any explosives, or any perishable, flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the Space or elsewhere on the Property which would cause danger or nuisance to the Space or any other portion of the Property. The Occupant agrees that the Space and the Property will not be used for any unlawful purposes or contrary to any law, 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 or anywhere on the Property, and will keep the Space and the Property in good condition during the term of this Agreement. The Occupant agrees not to store any irreplaceable items having special, sentimental or emotional value to the Occupant. The Occupant hereby waives any claim for sentimental value for the Occupant’s emotional attachment to any property that is stored in the Space or on the Property.
If hazardous substances are stored, used, generated or disposed of in the Space or on the Property, or if the Space or the Property shall become contaminated in any manner for which the Occupant is directly or indirectly responsible, the Occupant shall indemnify and hold the Owner harmless from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums incurred or paid for settlement of any such claims, including any attorney’s fees, consultant and expert fees, resulting from or arising out of any contamination by the Occupant, whether incurred during or after the lease term. (b). The Occupant agrees not to conduct any business out of the 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, maintenance, or other contracting. Use of any utilities in the Space or on the Property is strictly prohibited except by express written agreement and arrangement with the Owner and for which an additional utility charge may be assessed. In the absence of written permission by the Owner, any violation of the provisions of this section shall be deemed a default under the terms of this Agreement and shall, at the option of the Owner, result in the immediate termination of the Occupant’s right of occupancy hereunder. The Occupant agrees to hold the Owner, all other occupants and third parties harmless and indemnify, save and defend such persons from any cost, expense or loss resulting from any violation of this section.
6. Condition and Alteration of Space
The Occupant shall make no alterations or improvements to the Space without the prior written consent of the Owner. If the Occupant damages or depreciates the Space, or makes alterations or improvements without such Owner’s consent, all costs necessary to restore the Space to its prior condition shall be the responsibility of the Occupant, and shall be considered additional rent payable hereunder. The Occupant shall notify the Owner immediately of any damage or defect to the Space. If Occupant causes any damage to the Property, it may be denied access to its Space until payment is made for the cost to repair. Occupant understands that all parking spaces are approximate and enters into this Agreement without reliance on the estimated size of the parking space.
7. Abandonment
This Agreement shall automatically terminate if the Occupant abandons the Space. The Occupant shall be deemed to have abandoned the Space if the Occupant has not accessed the gate in more than THIRTY (30) days and is not current in all obligations hereunder. Abandonment shall allow the Owner to tow contents to a local impound lot (see Termination Section). Occupant hereby waives and releases any claims or actions against Owner for towing or removing of property resulting from Occupant’s abandonment. Rent prepaid for any period in which the Occupant moves out early shall not be refunded.
8. No Bailment
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 Occupant’s stored property. The exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in the Occupant.
9. Occupant's Risk of Loss
All property stored within the Space or on the Property by the Occupant, or located at the facility by anyone, shall be stored at the Occupant’s sole risk, and the Occupant must take whatever steps they deem necessary to safeguard such property. The Occupant must keep their property, and its contents locked or secured while in the Space. The Occupant assumes full responsibility for all persons who have used their gate access code to gain access to the property and/or possess keys to the contents stored in the space. The Owner and the Owner’s employees and agents shall not be responsible or liable for any loss of or damage to any personal property stored in the Space or on the Property, or for any personal injury or death occurring to the Occupant, the Occupant’s invitees, family, employees or agents, resulting from or arising out of the Occupant’s use of the Space or the Property from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, flood, mold, mildew, hurricanes, rain, tornadoes, explosions, rodents, Acts of God, or the active or passive acts or omissions or negligence of the Owner, the Owner’s agents or employees. 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 Space or Property 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.
10. Indemnification of Owner
The 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 the Occupant’s lease of the Space in the Property or from any activity, work or thing done, permitted or suffered by the Occupant in the Space or on or about the Property. In the event the space is damaged or destroyed by fire or other casualty, the 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 the Occupant shall indemnify and hold the Owner harmless from and against any loss, cost or expense of the Owner in connection with such removal and storage. Should any of the Owner’s employees perform any services for the Occupant at the 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 the Occupant agrees to indemnify and hold the Owner harmless from any liability resulting from or arising out of, directly or indirectly, such services performed by employees of the Owner.
11. Insurance
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. The Occupant, at the Occupant’s expense, shall secure his own insurance to protect himself and his property against all perils of whatever nature, including building collapse, fire, lightning, leaking water, wind and hail, vandalism and malicious mischief, burglary, hurricane and tornado, earthquake, explosion, smoke, and all other perils for the actual cash value of the stored property. Insurance on the Occupant’s property is a material condition of this Agreement, and is for the benefit of both the Owner and the Occupant. The Occupant’s failure to carry insurance is a breach of this Agreement, and the Occupant shall make no claim whatsoever against the Owner’s insurance in the event of any loss. The Occupant agrees not to subrogate against the Owner in the event of loss or damage of any kind or from any cause.
12. Owner’s Right to Enter
In cases where the Owner considers it necessary to enter the Space for purposes of examining the Space for violations of this Agreement, or conditions in the Space, or for making repairs or alterations thereto, or to otherwise comply with this Agreement, the Occupant agrees that the Owner, or the Owner’s representative, shall have the right without notice to enter into and upon the Space and the Owner reserves the right to remove contents to another space, and continue to store such contents at the sole cost and expense of the Occupant.
13. Security Agreement
This Agreement shall constitute a security agreement covering the contents of the Space (hereinafter referred to as “Collateral”), and a security interest shall attach thereto for the benefit of, and is hereby granted to the Owner by the Occupant to secure the payment and performance of any default by the Occupant hereunder. The Owner, in addition to all other rights and remedies it may have in such event, may exercise any right or remedy with respect to the Collateral which it may have under the Uniform Commercial Code or otherwise. All rights of the Owner hereunder or at law or in equity are cumulative. The Occupant hereby waives and renounces its right to the benefit of any exemptions it may otherwise have under the South Carolina Code of Laws.
14. Occupant’s Liability
In the event of a foreclosure of the Occupant’s interest in the Space, it is understood and agreed that the liability of the 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 the 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. The Owner may use a collection agency thereafter to secure any remaining balance owed by the Occupant after the application of sale proceeds if any.
15. Assignment and Subletting
The Occupant shall not assign this Agreement or sublet any portion of the Space.
16. Severability
If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue and remain in effect. Any invalid provision will be replaced with a valid one that most closely matches the intent of the original provision.
17. Waiver/Enforceability
In the event any part of this Agreement shall be held invalid or unenforceable, the remaining part of this Agreement shall remain in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by the Owner of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by the Occupant of the same or any other provision.
18. Attorney’s Fees
In the event the Owner retains the services of an attorney to recover any sums due under this Agreement, for an unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney’s fees.
19. Successors in Interest
This Agreement is binding upon the parties hereto, their heirs, personal representatives, successors in interest and assigns.
20. Governing Law
This Agreement and any actions between the parties shall be governed by and construed and interpreted in accordance with the laws and decisions of the State of South Carolina.
21. Waiver of Jury Trial
The Owner and the Occupant hereby waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, at law or in equity, brought by either the Owner against the Occupant, or the Occupant against the Owner, or anyone claiming under them, on any matter resulting from or arising out of, directly or indirectly, or in any way connected with this Rental Agreement, the Occupants use or occupancy of the Space and the Property, or any claim of bodily injury or property damage.
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 the Owner are not authorized or permitted to make any warranties about the Space, the Property, or any facilities referred to in this Agreement. The 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 this Agreement. The 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 Space, Property, and facility referred to herein. It is further understood and agreed that the Occupant has been given an opportunity to inspect, and has inspected the Space, Property, and facility, and that the Occupant accepts such Space, Property, and facility AS IS and WITH ALL FAULTS.
23. Rules
The Occupant agrees to be bound by any Rules and Regulations as may be posted by the Owner from time to time. All Rules and Regulations shall be deemed to be part of this Agreement and incorporated herein.
24. Notices from Occupant
The Occupant agrees to give prompt written notice to the Owner, at the address of the Property, of any change in the Occupant’s address or any change in the status of any liens or secured interests on the Occupant’s property in the Rented Space. The Occupant understands that he must fax or e-mail (with verification by Owner only) or mail such notice by certified mail, return receipt requested, with postage prepaid to the Owner, at the address of the Property.
25. 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. If Occupant has provided the Owner with an electronic address, the Owner may communicate with Occupant and provide Occupant with any written notices authorized or required under this Agreement or by applicable law via electronic mail.
26. Charges
All terms of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Owner upon thirty (30) days prior written notice to the Occupant. If so changed, the Occupant may terminate this Agreement on the effective date of such change by giving the Owner ten (10) days prior written notice to terminate after receiving notice of the change. If the Occupant does not give such notice of termination, the change shall become effective on the date stated in the Owner’s notice and shall thereafter apply to his occupancy hereunder.
27. Financial Information
Owner does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.
28. Personal Injury
Owners, officers, members, partners and employees shall not be liable whatsoever to any extent to Occupant or Occupant’s invitees, family or others for any personal injury or death arising from Occupant’s use of the parking space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of Owner, or respective agents, officers, or employees.
29. Permissions for Communication
Occupant recognizes Owner and Occupant are entering to a business relationship as Owner and Occupant. Occupant hereby consents to Owner phoning, faxing, e-mailing, texting and using social media to communicate with Occupant with marketing and/or other business-related communications, including collection notices.
30. Occupant's Trash
Occupant is responsible for his/her own trash. Anything occupant brings into his/her space must go with Occupant. If Occupant leaves garbage, refuse, or anything whatsoever in the space or on the grounds, Owner shall charge Occupant the cost of removal and disposal to put the space or grounds in the same condition as originally received by Occupant.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Owner and Occupant with respect to the subject matter herein and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by both the Owner and the Occupant hereto. This Agreement may not be amended except by an instrument in writing signed by both the Owner and Occupant.