1. Month-to-Month Term and Renewal: This Rental Agreement for the lease of a mobile storage container (the “Unit”) and, if applicable, for storage of said mobile storage container (the “Ground Lease”) from Badger Box, LLC., d/b/a Badger Box Mobile Storage (the “Owner”) shall be the Term listed above of 30 days and thereafter shall automatically renew for successive one month periods on the day of the month when this Rental Agreement was executed defined above as the Renewal Date of each month hereafter, unless terminated as provided for in Items 6, 21, or 22. The prepaid period of 30 days in advance is the “Initial Term”. All renewals and extensions are collectively the “Term”. After the Initial Term, Owner may increase Rent for the Unit with Thirty (30) days advance written notice to Occupant. A one (1) Thirty (30) day minimum rental is required.
2. Rent is Due on the Renewal Date of Each Month: Rent shall be in the amount specified above, payable monthly to Owner in advance, without demand or notice, on the Renewal Date of each month during the Term of this Rental Agreement and any extensions or renewals thereof. The “Total Paid at Signing” listed above reflects the amount Owner acknowledges receiving at execution of the Rental Agreement, including the pickup fee, including delivery charge and applicable known re-delivery charge. Occupant agrees to pay Rent with a credit card with prior authorization discussed in Provision F above and Provision 3 below. All Rent must be preauthorized on a credit card in order to rent a Unit. Rent is not accepted at the Badger Box Facility. Payment of Rent by any other form is prohibited by this Rental Agreement. It is expressly agreed that Owner does not send monthly statements or reminders of Rent due dates. Occupant shall not fail to pay Rent because Occupant does not receive an invoice or bill. If Occupant is Thirty (30) or more days in Default, Owner shall require payments of Rent to be in the form of money order, cash, or cashier’s check to cure said Default, which then must be paid in person, by appointment only. Paid Rent is non-refundable.
3. Credit/Debit Card Authorization for Payment of Rent and Other Charges: By providing credit/debit card information in the Terms and Conditions Section, Occupant has authorized Owner to automatically charge or debit the above-listed charge or credit/debt card (which is owned by the Occupant) on the Renewal Date of each month, or as soon as reasonably practicable thereafter, in the amount stated in the Terms & Conditions portion of this Rental Agreement, as Rent for each monthly Term Occupant continues to occupy or retain possession of the Unit, including keeping any locking device on the Unit. This authorization shall continue for any extensions or renewals hereof, including any increases in Rent and other charges assessed to the Occupant, as provided in the Rental Agreement. In any circumstance, in the event Occupant terminates this Rental Agreement owing any Rent or other charges due to Owner, Owner may charge/debit Occupant’s credit/debit card any sum due and owing upon termination of the automatic charge authorization, including but not exclusively, damages to the Unit, outstanding Rent due, any Default charges, clean up charges, disposal charges, pick up/drop off charges, excess mileage charges, and any other sums due and owing at the termination of the Rental Agreement. The authorization to charge/debit Rent or other charges shall survive the termination of authorization to charge/debit to the debit/credit card and the termination of this Agreement. Credit cards may not be used to cure a Default, once Occupant is Thirty (30) days late (See Provision 2).
5. Placement of Unit at Remote Location:
A. General Rules and Restrictions. If Occupant desires the Unit be located at Occupant’s Remote Location, Occupant should be present at their location at the time of delivery to specify the “placement area” for the Unit. If Occupant is unable to be present at the time of delivery, Occupant must designate a placement area at Occupant’s Remote Location(s) for placement of the Unit by describing the “placement area” to Owner’s representative by meeting with the representative and placing markings or cones and providing written instruction to Owner. Occupant understands that the designated Unit placement area must have adequate height, depth, width and maneuvering space for proper delivery, which includes adequate space for both the delivery truck and the delivery trailer (approximately 36 feet of linear clearance) and that the Unit may tip no more than ten degrees (10º). Occupant acknowledges that it may be necessary for Owner to move the vehicle and/or trailer “Mule” transporting the Unit and the Unit onto a lawn or other unpaved area in order to place the Unit in the placement area designated by Occupant and Owner shall not be liable for damages from placement. Occupant agrees not to move the Unit without Owner’s written consent, and agrees to defend, indemnify and hold Owner harmless from and against any and all claims, liabilities, losses, damages, injuries, deaths, costs and expenses (including without limitation reasonable attorney’s fees and expenses) arising out of or in connection with the placement of the Unit, including any damage caused by the Mule. Occupant acknowledges that Owner may refuse to place the Unit at Occupant’s designated placement area for any reason in Owner’s sole discretion and that Owner may levy a surcharge for what Owner, in Owner’s sole discretion, determines to be a difficult, unsafe or hazardous placement of the Unit, which surcharge must be paid to Owner before Owner delivers the Unit to Occupant, if Owner so demands. Occupant also agrees to pay any additional fees to cover labor and equipment costs for moving or relocating the Unit in these instances.
B. Right to Property and Grant of Access to Property. Occupant hereby warrants and represents that Occupant is the owner of the property designated as the Occupant’s Remote Location(s); or that Occupant is an authorized agent of the owner of such property; or that Occupant has permission from the owner of such property to occupy the property and that Occupant has the right and authority to permit and hereby permits Owner’s unrestricted entry upon such property as required, and grants Owner such access whenever Owner deems it necessary, in Owner’s sole discretion, to enforce any of Owner’s rights under this Rental Agreement or under any applicable Federal or State law. If the Remote Location is on property rented by Occupant, Owner may request written authorization of the property owner prior to placing the Unit.
C. Local Ordinances and Regulations. Occupant’s use of the Unit is subject to local, city, county and state ordinances, rules, taxes and regulations including deed and homeowner association restrictions. Occupant assumes full responsibility for understanding and complying with such laws or regulations and shall be responsible for any fines, taxes, levies, or penalties, monetary or otherwise, resulting from Occupant’s use of the Unit. Occupant is responsible for obtaining any permits necessary to place the Unit at Owner’s Remote Location. If a governing body requires Owner to move or remove the Unit from the Remote Location, Owner will attempt to notify Occupant of such requirement before moving the Unit. Occupant hereby grants to Owner full authority to comply with any and all requirements of any governing body and releases and holds Owner harmless for any resulting damage to Occupant’s property. If Occupant is renting or leasing the property where the Unit is located (other that at Owner’s Facility), and the landlord of the property demands that the Unit be moved or relocated, Occupant hereby grants Owner full authority to comply with landlord’s request. Occupant agrees to defend, indemnify and hold harmless Owner from and against any and all claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorney’s fees and expenses) arising out of or in connection with any alleged damage to the landlord’s or Occupant’s property in connection therewith. Occupant also agrees to pay any additional fees to pay for labor and equipment costs for moving or relocating the Unit, in these instances.
6. Termination. Occupant may terminate this Rental Agreement and return possession to Owner under the following terms and conditions and presuming all rent and other charges are paid in full:
A. If the Unit is on Occupant’s Remote Location, Occupant must give seventy-two (72) hours notice that the Unit has been vacated and schedule a mutually agreeable time for pick up and removal of the Unit.
B. Owner may terminate with Thirty (30) day notice
C. If the Unit is located at Badger Box’s location under a ground lease, Occupant shall schedule and provide Notice of Intent to Terminate and Schedule Delivery of the Unit to Owner with at least Forty-eight (48) hours notice and select a date thereafter (if different) that Owner may remove the Unit from Occupant’s Remote Location. All delivery fees must be paid in advance. The Term does not end until the Unit has been picked up by Owner from the Occupant’s Remote Location, at which time the Unit must be free of all of Occupant’s property and have no lock on the Unit.
Upon termination of this Rental Agreement by Owner, Occupant shall remove the contents of the Unit and Occupant’s lock and shall tender possession of the Unit to Owner by the date given in either Owner’s or Occupant’s Notice, in the same condition as delivered to Occupant. Occupant shall be required to pay the above listed pickup charge. If Occupant fails to completely remove the contents of the Unit after termination, Owner, at Owner’s option, may without further notice or demand, either directly or through legal process, re-enter the Unit and remove all property therein without being deemed guilty in any manner of trespass, conversion, or any other basis for legal liability. Owner may remove items left in the Unit and hold property as collateral for payment for removal services.
Occupant shall sweep and leave the Unit “broom clean”, unlocked and remove all debris from the Unit or Occupant will be subject to a Forty Dollar ($40.00) per hour (one hour minimum) cleaning fee, plus actual disposal costs incurred.
7. Other Charges and Fees: The Occupant is in Default if the Rent is not paid by the Renewal Date and any Rent accepted thereafter shall be at the sole discretion of Owner. If Rent is more than Five (5) days late, Occupant shall pay a late fee listed below. If Owner overlocks the Unit at Owner’s Facility or on Occupant’s Remote Location to deny access on or after the Fifteenth (15th) an overlock fee is imposed for the overlock listed below. If Occupant’s Rent becomes Thirty (30) days or more past due, or upon any breach of the provisions of this Rental Agreement, Occupant shall be charged a Lien Notice charge, listed below, plus the cost of any U.S. Mail charges in addition to the late fee, as they are incurred. In the event the Default is not cured, Occupant shall be charged a fee to conduct the lien sale, plus the costs of advertising the lien sale, listed below, which charge is imposed on the date the advertisement is placed for the first time in the newspaper of general circulation or posted, even if Occupant redeems Occupant’s Property before the sale. Any lock cut required to be performed by Owner shall result in a charge incurred by Occupant of in the amount listed below. Occupant shall also pay Owner all other costs and expenses incurred by Owner arising out of or related in any manner to a breach of this Rental Agreement particularly any charges incurred for Rent, late fees, or other charges and expenses incurred in enforcing the lien, Owner’s collection of any amount owed by the Occupant, or the exercise of any remedy by Owner upon a Default by Occupant, including the sale or other disposition of Occupant’s property, as permitted under this Rental Agreement or by law. Occupant shall be liable to Owner for Owner’s attorney’s fees incurred in enforcing any of Occupant’s responsibilities under this Rental Agreement. A charge shall be assessed for any returned check in the amount listed below. In the event Occupant misses or reschedules a delivery or pick up of the Unit, Occupant must notify Owner before 4:00 p.m. on the day before the originally scheduled pick up or delivery. In the event Occupant fails to provide Owner with notice to reschedule a pick up or delivery then Occupant shall pay a rescheduling fee, listed below, plus the costs of mileage as described below.
Occupant shall be responsible to Owner, in addition to monthly Rent, if any of the below circumstances are not met or if Occupant is in default to Owner:
Type of Charge / Fee: Amount of Charge/Fee:
Late Fee (Five (5) days after Rent is due) $ 10% of Rent
Overlock Unit (Fifteen (15) days after Rent is due) $ 25.00
Lien Notice/Valuation of Asset/Lock Cut Charge $ 25.00
Advertising $ Actual Cost
NSF Check Fee (per check or denied credit authorization) $ 30.00
Certified, Registered or Personal Delivery
of Default Notice $ 50.00 plus actual costs of advertising
Lien Sale/Auction Fee $ 25% of Sale Proceeds
Waiting Time (if Owner is delayed in the pick up or delivery
of the Unit at your Premises, of if you wish for $ 50.00 per hour / 1 hr minimum, (bills in 15 min
us to wait while Occupant adds/removes/ increments)
empties the Unit)
Transfer of Unit Location Fee $ 100.00
Pick-Up $ 75.00
Delivery $ 75.00
Additional Mileage beyond 25 miles of driving distance $ 3.00 per mile
Unit Lock Cut $ 75.00 per lock
Cleaning Unit $ 40.00 per hour / 1 hr. minimum plus additional
costs (charged in 15 minute increments)
8. Use of Unit and Prohibited Storage, Limitation on Value of Stored Property: The Unit may be used and occupied only for the storing of personal property owned by Occupant and maximum weight of the contents may not exceed Six Thousand pounds (6,000 lbs). No vehicles, or other gas powered items may be stored in the Unit. Occupant shall keep the Unit in a clean and sanitary condition and free of rubbish, liquid waste or refuse. The Occupant agrees not to commit waste, nor alter, nor affix signs on the Unit nor attach anything to the walls, floors or ceiling of the Unit without the prior approval of Owner, and will keep the Unit in good condition during the term of this Agreement. Occupant shall not use the Unit for the use or storage of any animals; food; animal feed (including seed); explosives; highly flammable, dangerous, hazardous or toxic materials or substances as defined in Provision 11 below; noxious smelling items, contraband, fireworks, or illegal substances; or for any unlawful purpose of any kind. Occupant shall not use the Unit for the operation of any commercial, industrial, manufacturing or distribution business, without written permission from Owner. Occupant shall not engage in any activity in the Unit which produces such prohibited materials. Occupant shall not use the Unit for storage of any gasoline or other fuel oil, grease, or any other lubricant, tires or batteries, or any other accessories. Occupant shall not live or sleep in the Unit, nor shall animals be permitted to be stored in the Unit. No Vehicles or gas powered items may be stored in the Unit.
Occupant agrees not to store property in the Unit with a total value in excess of $2,000.00 the “Value Limit” without the prior written permission of the Owner. If such written permission is not obtained, the value of property shall be deemed not to exceed Value Limit. The Unit is not appropriate for storage of irreplaceable property such as books, writings, objects which have an unknown immediate resale market value, or objects which have a special, sentimental, or emotional value to Occupant. By this Rental Agreement, Owner is generally not liable for the loss of Occupant’s property. In the event any competent court of law adjudicates Owner liable for any loss, for any reason, Occupant agrees that Owner’s liability shall not exceed the Value Limit. This provision shall not constitute an admission that Occupant’s property has any value whatsoever.
Notwithstanding anything in this Rental Agreement, in no event will Owner or Owner’s agents be liable to Occupant or Occupant’s agents for an amount in excess of the Value Limit, for any loss or damage whatsoever, including, but not limited to, the active or passive acts, the omissions or negligence of Owner or Owner’s agents. Occupant will not sue Owner or Owner’s agents with respect to any claim, cause or action, loss, or injury to the extent liability therefore has been limited or eliminated pursuant to Provision 8 and 9. So long as Occupant complies with the requirements of Provisions #7 and 8, Owner does not concern itself with the type, quantity, or quality of the Personal Property stored.
9. Packing and Packaging: Occupant acknowledges that Occupant assumes full responsibility and liability for packing, loading, and securing Occupant’s property within the Unit for all of Occupant’s intended uses, including over-the-road transportation. Occupant is solely responsible for packing Occupant’s goods into the Unit in such a manner that it can withstand tilting, bouncing, jostling, transportation, as well as a drop of less than three feet (3’) above ground and a ten degree (10º) tip to load and unload the Unit on the trucks or on trailer. Occupant also acknowledges that Occupant assumes full responsibility and liability for removal, unloading or unpacking of the property from the Unit. Occupant may not request that Owner or Owner’s agents assist in the packing, loading, securing, unloading or unpacking of the Unit. If Occupant disregards these directives and requests that Owner provide Occupant with loading or unloading services, Occupant does so exclusively at his/her own risk, and agrees to defend, indemnify and hold harmless Owner against any loss, damage, liability, claim, expense or injury to property or persons that may result from such packing services. IF OCCUPANT HIRES AN EMPLOYEE OF OWNER TO PROVIDE OR ASSIST WITH PACKING, LOADING, UNLOADING, UNPACKING OR OTHER SIMILAR SERVICES ANCILLARY TO OCCUPANT’S RENTAL OF THE UNIT, THEN OCCUPANT HAS CREATED A “BORROWED SERVANT” ARRANGEMENT WHEREBY SUCH EMPLOYEE IS NOT ACTING AS AN AGENT, SERVANT, OR EMPLOYEE OF OWNER AND/OR AGENT, BUT RATHER AS A BORROWED SERVANT OF OCCUPANT. OCCUPANT AGREES THAT IN SUCH CIRCUMSTANCES SUCH EMPLOYEE IS SUBJECT TO OCCUPANT’S SOLE DIRECTION AND CONTROL.
10. Insurance and Security Type Systems: Occupant agrees, at Occupant’s sole expense, to maintain insurance on all Property stored in the Unit with actual cash value coverage against all perils, without exception. Owner makes no representations, that there are any security type devices or systems which protect or reduce the likelihood of loss or damage to the property in the Unit. Any security type devices for systems installed by Owner, at Owner’s Facility, is for protection of Owner’s Facility only and does not change the aforementioned liability or any type of loss incurred by Occupant and shall in no way release Occupant from his/her obligation of insuring his/her property. Some cameras may not record at all times or all parts of the Facility. Occupant acknowledges and agrees as follows:
A. Owner does not maintain insurance on the contents of the Unit, even when the Unit is stored at Owner’s Facility. Occupant may obtain insurance from the insurance company of Occupant’s choice. To the extent Occupant chooses not to obtain insurance coverage for the full value of the Occupant’s property stored in the Unit, Occupant agrees Occupant will be deemed self-insured and will personally assume all risk of loss and damage that could have been covered by insurance including loss or damage from burglary, fire, water, vandalism, vermin, and any other cause without limitation.
B. Owner does not list, review or inspect the contents of the Unit, nor has interest in or concern with any value, quality or type of goods stored in the Unit pursuant to this Agreement, except to determine, upon notice or suspicion, whether prohibited items are being stored.
C. Owner and/or agents, affiliates, authorized representatives and employees (collective “Owner’s Agents) will not be responsible for any loss that could have been insured, including without limitation, any loss arising from the active or passive acts, omission or negligence of Owner (collective “Released Claims”). Occupant waives any claim against Owner for the Released Claims, and Occupant expressly agrees that the carrier of any insurance obtained by Occupant shall not be subrogated to any claim of Occupant against Owner.
D. Owner is not an insurance company or an insurance agent, and while Owner may offer information about insurance for purchase, does not act as any insurance company’s agent, broker or solicitor, and does not assist in the explanation of coverage or in the making of claims under any insurance policy. Owner may receive an administrative fee from the underwriting Insurance Company if Occupant purchases insurance through the Facility.
11. Hazardous Substances Occupant shall not use or allow the Unit to be used for the release, storage, use, treatment, disposal or other handling of any hazardous substance without prior written consent of Owner. The term “release” shall have the same meaning as ascribed to it in the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9602, et seq., as amended, (“CERCLA”). The term “hazardous substance” means:
i. Any substance defined as a “hazardous substance” under CERCLA;
ii. Petroleum, petroleum products, natural gas, natural gas liquids, liquefied natural gas and synthetic gas, and;
iii. Any other substance or material deemed to be hazardous, dangerous, toxic or a pollutant under any federal, state or local law, code, ordinance or regulation.
12. Access: Owner may deny access to the Occupant if Occupant is in Default and/or in the event of an Emergency in or around Owner’s Facility or when access to the Premises is deemed unsafe in the sole discretion of Owner.
13. Mold: Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant’s stored property. Owner does not warrant the Unit to be water-tight or dry. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant’s property. To help avoid mold, Owner recommends storing property off the floor of the Unit, such as on pallets or shelves (do not attach to the Unit), wrapping certain property in plastic and keeping goods susceptible to mold from touching the walls of the Unit. Occupant understands that any stored property placed into the Unit that is damp or wet will likely grow mold or mildew because of its wet or damp condition when placed into the Unit. Owner recommends periodically inspecting the Unit and the property and taking any and all actions necessary to protect Occupant’s property.
14. Locked Unit; Storage Occupant’s Risk: Occupant is required to lock the Unit using one lock per Unit. Owner suggests the use of disk locks. Owner shall not retain a key to Occupant’s lock. If the Unit is found open or if a lock is removed for an inventory or sale, Owner may, but is not required to, lock the Unit at Occupant’s expense. Owner shall have no obligation to exercise any care, custody or control over Occupant’s stored property even if Owner locks the Unit.
15. Release of Liability: Occupant releases Owner, Owner’s employees, Owner’s agents, successors, and assigns from any and all liability for property damage or loss of property; for damage or loss from, as examples, including but not limited to, fire, water, water infiltration, the elements, mold or mildew, Acts of God, theft, burglary, vandalism, malicious mischief, mysterious disappearance, and rodent damage; or the acts or failure to act or negligence of Owner, Owner’s employees, or agents.
Occupant further releases Owner, Owner’s employees, agents, successors, and assigns from any and all liability for personal injuries or death to persons including Occupant and Occupant’s family or invitees arising from the use of the Unit at the Remote Location, at Owner’s Facility, or any other place the Unit may be used or stored, and from all activities Occupant may conduct on Owner’s Facility.
16. Indemnification by Occupant: Occupant agrees to defend, indemnify and hold harmless Owner, (Owner’s affiliates, agents, the members, managers, and employees, of each of the foregoing, and the successors and assigns of each of the foregoing) (collectively “Indemnified Party(ies)”) from and against any and all claims, liabilities, losses, damages, injuries, deaths, costs or expenses including without limitation reasonable attorneys’ fees and expenses (collectively “Claims”) asserted or incurred by any person(s)or entity(ies) [including without limitation Occupant and Occupant’s employees, agents, contractors, invitees, customers and visitors (collectively “Occupant’s Group”)] arising out of or in connection with:
a. Any breach or Default in the performance of any obligation on Occupant’s part to be performed under this Agreement; and/or
b. Any physical damage to the Unit while it is stored at Occupant’s Remote Location or which is due to Occupant’s failure to comply with Owner’s instructions for proper use of the Unit; and/or
c. Any physical damage to the Unit or Owner’s Facility arising from the negligent or deliberate act or omission of Occupant or any of Occupant’s group or for which Occupant is otherwise responsible; and/or
d. Occupant or any of Occupant Group’s use of the Unit, the conduct of Occupant’s business or any activity, work or thing done permitted or suffered in or about the Unit in each case under this clause (d) even if the applicable claim arises out of or in connection with the negligence of the applicable indemnified party; provided, however, that the provisions of this clause (d) shall not apply to the extent the loss is directly and proximately caused solely by the gross negligence or willful misconduct of an Indemnified Party; and/or
e. All attorneys’ fees, expenses and liabilities actually incurred by the Indemnified Parties in the defense of any identifiable Claim, including costs of appeal, settlement and/or defense.
If any action or proceeding is brought against Owner or any of the other Indemnified Parties by reason for any identifiable Claim, Occupant, upon notice from Owner, shall defend the same at Occupant’s expense using counsel reasonably satisfactory to Owner and Owner shall cooperate with Occupant in such defense. Occupant shall not settle any claim without the consent of the Indemnified Party, unless such settlement involves only the payment of money and the claimant provides to the Indemnified Party a release from all liability in respect of such Claim. If the settlement of the Claim involves more than the payment of money, Occupant shall not settle the Claim without the prior consent of the Indemnified Party, which consent shall not be unreasonably withheld.
17. The Unit: By signing this Agreement Occupant acknowledges that neither Owner, nor any employee of Owner or any other person acting on Owner’s behalf, has made any representation to Occupant as to the size (square footage or cubic footage) or dimensions (length, width or height) of the Unit, and Occupant acknowledges and agrees to the following: (a) that, prior to signing, Occupant was given the opportunity to measure the dimensions of the Unit; (b) that Occupant is satisfied therewith, whether or not Occupant measured the Unit; (c) that Occupant agrees to pay the Rent stated herein regardless of the actual size or dimensions of the Unit; (d) that Occupant hereby waives any and all right to bring any civil action, or other judicial or non-judicial proceeding, or to join, or participate in, any such proceeding brought by any other person, against Owner based on assertions that any difference exists between the actual size, or dimensions, of the Unit, and the size, or dimensions, thereof as Occupant believed existed at the time Occupant signed this Agreement; and (e) that Occupant hereby fully, and forever, Release and Discharge Owner from any, and all liability for damages, and all other types of relief, to which Occupant otherwise would have had the right to obtain but for Occupant’s having agreed to the provisions of this Paragraph and the Waiver and Release contained herein
18. Owner May Enter: Owner, Owner’s employees or agents and the representatives of any governmental or quasi-governmental authority, including police and fire officials, shall have the right to remove Occupant’s lock and enter the Unit, without notice to Occupant, to take such action as may be necessary in the event of an Emergency, or to comply with any applicable law, governmental or court order, warrant, or subpoena or to enforce any of Owner’s rights. For the purposes of this Rental Agreement, “Emergency” shall be defined as any event which jeopardizes the health, safety, and/or well-being of any person, or of the Owner’s Facility, or at the Remote Location, or any of the buildings or the land appurtenant to the buildings or any other property or chattels stored at the Owner’s Facility or the Remote Location. Owner shall further have the right to remove Occupant’s lock and enter the Unit in the event of Default by Occupant.
19. No Bailment: NO BAILMENT IS INTENDED OR CREATED BY THIS RENTAL AGREEMENT. OWNER IS NOT ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE OR THE WAREHOUSE BUSINESS AND IS JUST AN OWNER OF RENTAL MOBILE STORAGE UNITS FOR LEASE AND SOMETIMES GROUND/SPACE. Occupant agrees that Occupant has loaded and locked the Unit with Occupant’s own lock and that Owner does not have knowledge, care, custody, or control of the specific goods in the Unit rather, if this Unit is to be taken back to Owner’s Facility under a Ground Lease, the sole issue of custody and control is of the Unit itself, not the contents.
20. Owner’s Lien: THE OWNER SHALL HAVE A LIEN ON ALL PERSONAL PROPERTY STORED AT THE FACILITY UNDER GROUND LEASE FOR RENT, EXPENSES NECESSARY FOR THE PRESERVATION OF THE PERSONAL PROPERTY, EXPENSES REASONABLY INCURRED IN THE SALE OR DISPOSITION OF THE PERSONAL PROPERTY.
FOR UNITS LEFT AT OCCUPANT’S REMOTE LOCATION, THE NORTH CAROLINA UNIFORM COMMERCIAL CODE, OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED WITHIN THE UNIT FOR RENT, CHARGES LISTED WITHIN THIS RENTAL AGREEMENT, AND EXPENSES NECESSARY FOR THE PRESERVATION OF THE PERSONAL PROPERTY AND ANY EXPENSES REASONABLY INCURRED IN SALE OR DISPOSITION OF THE PERSONAL PROPERTY IN THE EVENT THE OCCUPANT DEFAULTS UNDER THIS RENTAL AGREEMENT.
Explanation: The Personal Property Occupant has stored in the Unit may be sold or otherwise disposed of if Occupant defaults or fails to pay Rent for the storage of the Personal Property or for Personal Property under this Rental Agreement.
21. Defaults; Owner Remedies: If Occupant breaches any term or condition of this Rental Agreement, including but not exclusively, the obligation to pay Rent or other charges (a “Default”), Owner in addition to such other rights it may have under this Rental Agreement and law shall have the right to terminate this Rental Agreement and demand possession of the Unit which Occupant shall not fail to give to Owner. If the Unit is located at Occupant’s Remote Location, or an Occupant Defaults, then Owner, among other remedies, shall have the right to give Five (5) days notice to cure the Occupant’s Default. Occupant shall cooperate with Owner in arranging a time to remove the Unit. In all circumstances Owner may place lock on the Unit and deny Occupant access thereto in a reasonable and peaceful manner pending payment.
Should Occupant fail to cure the Default within the Five (5) day period prescribed in this Rental Agreement then Owner may exercise Owner’s lien on the property by doing one of the following:
A. Enter Occupant’s Remote Location and remove and repossess the Unit to Owner’s Facility including all of Occupant’s property. Occupant hereby grants to Owner and Owner’s Agent an irrevocable right of entry and/or easement to enter onto the Occupant’s property to remove the Unit without said entry being considered a trespass or a breach of the peace or conversion. Owner may take possession of the Personal Property stored in the Unit to Owner’s Facility and hold the same until said lien is satisfied. Once removed to Owner’s Facility, Occupant’s property may be sold pursuant to Owner’s lien; or
B. Owner may enter onto Occupant’s Remote Location under the same right of access easement described above and remove all of Occupant’s property from the Unit leaving it in close proximity to the Unit in a reasonable manner and condition and remove Owner’s Unit from Occupant’s property. Should the Unit be located at Owner’s Facility or be moved back to Owner’s Facility with Occupant’s contents, then Owner may exercise Owner’s lien against the Property contained in the Unit.
C. If the Unit is located at Owner’s Facility or Remote Location, then Owner may overlock the Unit and deny access as described in this Rental Agreement. After the Fifteen (15) day cure period has expired, Owner may begin the process of exercising Owner’s lien by selling or otherwise disposing of Occupant’s Property stored in the Unit. Fees and charges for the Default and the exercise of rights under Owner’s lien as previously described in this Rental Agreement shall apply.
D. Alternatively, Owner may exercise any other right or remedy at law or equity including but not exclusively forcible detainer /eviction action from the Unit to return possession of the Unit on Owner’s Ground Lease to Owner.
In the event Owner exercises Owner’s lien against the Property, Owner may sell or otherwise dispose of the Property in the Unit as permitted by law after proper notice to Occupant and all other parties required to receive notice. Owner may also pursue any and all other remedies, at law or equity, available to Owner against Occupant. All remedies available to Owner shall be cumulative and the exercise of one or more remedies shall not exclude or waive Owner’s rights as to any other remedy.
22. Notices: Except as otherwise required by law, all notices under this Rental Agreement from Owner to Occupant shall be mailed by first class U.S. mail, postage pre-paid, to Occupant’s last known address, or e-mailed to the e-mail address provided by Occupant in the Terms and Conditions and shall be conclusively presumed to have been received by Occupant Three (3) business days after mailing, or upon emailing. All notices from Occupant to Owner shall be mailed by first class U.S. mail, postage pre-paid, to Owner, at the Owner’s Notice Mailing Address listed on the first page of this Rental Agreement. Occupant is responsible for notifying Owner in writing, via certified mail return receipt requested to the Badger Box Office Address, or via a nationally recognized overnight carrier with signature confirmation; or via Owner’s secure website; on a form prescribed by Owner, of any change in Occupant’s address or of intent to vacate at the end of the Term.
23. Ground Lease: In the event Occupant has elected to have Owner store the Unit at the Badger Box Facility, a portion of Occupant’s Rent is for lease of ground for the storage of the Unit at Owner’s Facility, as above delineated as Ground Rent. In addition to all of the provisions in this Rental Agreement discussing storage at Owner’s Facility, Occupant understands and agrees that the Unit will be stored outdoors at Owner’s Facility. There will be no protection other than the Unit itself from the elements, theft, vandalism, or any other hazard that may naturally occur as a result of the storage of the Unit on open ground at Owner’s Facility. Occupant understands that the Unit will not be maintained in a temperature controlled or fire suppressed condition and Owner has no way of controlling the Unit’s exposure to heat, cold, humidity, mold, horizontal rain, or any other hazard or exposure.
24. Partial Payments or Payment in the Event of Default: Partial payments shall not be accepted.
25. Assignment and Subletting: Occupant may not assign Occupant’s rights under this Rental Agreement or sublet the Unit without the prior written consent of Owner. This Rental Agreement shall be binding upon the heirs, assigns, executors, administrators, representatives and successors of the parties hereto.
26. Governing Law; Jury Trial; Severability: This Rental Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. Owner and Occupant agree to waive their respective rights to trial by jury of any cause of action, claim, counterclaim or cross complaint in any action arising out of or connected in any manner with this Rental Agreement, including any action for bodily injury, death or property damage. Owner and Occupant further agree that the federal or state courts in New Hanover County, North Carolina shall have exclusive jurisdiction for any litigation related to this Rental Agreement. If any part or provision of this Rental Agreement is determined to be unenforceable by a court of law, the parties agree that all remaining parts or provisions of this Rental Agreement shall remain in effect and be valid and enforceable.
27. Entire Agreement: This Rental Agreement is the entire agreement between the parties and supersedes any and all prior oral or written representations or agreements and may be modified only in a writing signed by Occupant and Owner. The pre-printed terms of this Rental Agreement may only be modified in writing signed by the General Manager of Owner.
28. Counterparts, Headings and Gender: This Rental Agreement may be executed in one or more counterparts, each of which shall be deemed an original and when taken together shall constitute one Rental Agreement. The headings in this Rental Agreement are for the convenience of both parties. In the event of any conflict between the heading and the language of the term, the language of the term shall control. Whenever the context so indicates the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others.
29. Agreement to Mediate: Realizing that in Mobile-Storage relationships there is always a possibility of differences of opinion or other disagreements and that what is most important is to resolve any disputes amicably, quickly, inexpensively and professionally and to return to business as soon as possible, it is with that spirit of cooperation that Owner and Occupant pledge to resolve differences and to use the procedures specified in this Rental Agreement. Therefore, Owner and Occupant agree as follows: with the exception of non-payment of Rent and Owner’s right to enforce Owner’s lien under this Rental Agreement, repossess the Unit to protect Owner’s lien, or apply the security deposit; any litigation, claim, dispute, suit, action, controversy, proceeding or otherwise (''claim'') between or involving Owner and Occupant , whether arising out of or relating in any way to this Rental Agreement and/or any other document, any alleged breach of any duty or otherwise will be submitted to non-binding mediation for a minimum of eight hours before any mediation organization approved by Owner and Occupant . In the mediation, Owner and Occupant shall each be represented by an individual authorized to make binding commitments on our respective behalves and may be represented by counsel. In addition, Owner and Occupant may, with permission of the mediator, bring such additional persons as are needed to respond to questions, contribute information and participate in the negotiations. The fees and expenses of the mediator and/or mediation organization shall be shared equally by Owner and Occupant. The mediator shall be disqualified as a witness, consultant, expert or counsel for any party with respect to the dispute and any related matters.
30. Agreement to Arbitrate: In the event the parties are unable to resolve any dispute by mediation, the parties agree that such claims shall then be resolved by final and binding arbitration in front of a single mutually agreeable arbitrator as administered by the American Arbitration Association (AAA) under its applicable arbitration rules for expedited arbitration. The election by either party for binding arbitration may be made at any time, shall be in writing and shall be served on the other party in the manner prescribed in this Rental Agreement for the giving of notices. All such arbitration proceedings shall take place at such location as is specified by Owner. Each party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses (including, but not limited to, copying and telephone), witness fees, and attorneys fees and expenses. The fees and expenses of the arbitrator, and all other costs and expenses incurred in connection with the arbitration, shall be shared and borne equally by the Occupant and Owner.
31. Warranty of Information: Occupant warrants all information given in this Rental Agreement or any application preceding this Rental Agreement is complete, true and accurate at the time of this Rental Agreement.
32. Permission to Call, Fax, Text, Use Social Media and/or E-Mail: Occupant recognizes Owner and Occupant are entering into a business relationship at the Facility. As such, to the extent any Federal or State law prohibits Owner from contacting Occupant by phone, fax, text, contacting via social media, or e-mail, Occupant hereby consents to Owner phoning, faxing, texting, social media, and e-mailing Occupant and that these conditions are related to the business relationship.
The undersigned hereby acknowledges that he/she has read and understands this Rental Agreement in its entirety (eight pages) and agree(s) to be bound by its terms and conditions.
BADGER BOX, LLC
d/b/a BADGER BOX MOBILE STORAGE