VEHICLE STORAGE AGREEMENT
This Vehicle Storage Agreement (\"Agreement\") is made {{date}} (\"Effective Date\") by and between the person(s) listed in Section 1 below (hereinafter \"Customer\") and Oak Street Luxury Auto LLC(DBA Specialty Sports Cars) (hereinafter \"Specialty\") to set forth the terms and conditions of the services that are to be provided by Specialty to Customer. By signing below, Customer acknowledges and agrees to be bound by all of the following:
1. CUSTOMER\'S CONTACT INFORMATION:
Name: {{first name}} {{last name}}
Address: {{address}}
Phone: {{phone}}
Email: {{email}}
2. VEHICLE INFORMATION:
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(all vehicles listed above shall hereinafter collectively be referred to as \"Vehicle\")
3. PERIOD OF OCCUPANCY: The period of occupancy created by this Agreement shall begin as of the Effective Date and shall continue from month to month until this Agreement is terminated (\"Term\"). Either party may terminate this Agreement upon thirty (30) days prior written notice to the other. Upon termination, Customer shall remove the Vehicle within the notice period. Failure to do so shall entitle Specialty to continued Rent charges and all remedies available under law, including lien enforcement.
4. STORAGE SERVICES PROVIDED: In exchange for the Rent due hereunder, Specialty shall store the Vehicle within Specialty\'s facility located at 620 Oak Street, Columbus, Ohio, 43215 (\"Facility\"). Specialty will also supply a battery tender if one is not provided.
5. OTHER SERVICES PROVIDED: In addition to the storage of the Vehicle, Customer has requested the following additional services (\"Additional Services\"):
______________________
______________________
______________________
6. ACCESS TO STORED VEHICLE: Customer may access the stored vehicle during normal business hours with 24 hours prior notice to Specialty. Notice may be given by calling 614-464-1173.
7. NO MECHANICAL OR OTHER WORK PERMITTED: Except for Additional Services to be provided by Specialty, if any, no mechanical or other work shall be performed while the Vehicle is within the Facility without Specialty\'s prior written consent.
8. COMPLIANCE WITH OTHER LAWS: Customer shall not, at any time, store any dangerous, hazardous, flammable, or illegal materials or substances within the Vehicle while the Vehicle is within the Facility. Customer shall comply with all applicable Facility rules (as may be provided or posted by Specialty).
9. PAYMENT TERMS: In exchange for the storage of the Vehicle, Customer shall pay Specialty the monthly sum of {{monthly rate}} (\"Rent\"), due in advance on the first day of each and every month during the Term. If Additional Services have been requested in Section 5 hereof, the monthly charge for those Additional Services shall be ______ (\"Additional Rent\"), which amount is in addition to the Rent, and shall also be due in advance on the first day of each and every month during the Term. Note, if the first day of occupancy is not on the first day of a calendar month, the first month\'s Rent will be prorated accordingly.
If Customer shall fail to pay when due any amount required by the terms of this Agreement, then Customer agrees to pay to Specialty a late charge of five percent (5%) of any payment not received by Specialty within five (5) days of the date on which it is due. Specialty may also charge interest at the maximum rate permitted by law on all overdue amounts.
Specialty shall have a lien on the Vehicle and any personal property therein for all unpaid Rent, Additional Rent, late fees, and other charges, enforceable in accordance with Ohio law (including but not limited to R.C. Chapter 5322). In the event of default, Specialty may exercise all rights and remedies available at law or in equity, including towing, storage, and sale of the Vehicle after proper notice.
10. CONDITION OF FACILITY: Customer has evaluated the Facility and the surrounding area and finds such to be satisfactory for the storage of the Vehicle.
11. CONDITION OF VEHICLE: Upon the execution of this Agreement, Customer and Specialty have jointly performed an evaluation of the exterior of the Vehicle, and note the following defects:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(Photos of the Vehicle condition may be attached as Exhibit A.)
12. STORAGE: Customer represents and warrants that Customer owns the Vehicle (or has full legal authority to store it), and agrees not to bring into the facility any property owned by others.
13. LIMITATION OF SPECIALTY\'S LIABILITY: Customer acknowledges and agrees that Specialty shall not be responsible for damages to the Vehicle or any personal property stored in or about the Vehicle, or any personal injury, unless the damage or injury is caused by the gross negligence or willful misconduct of Specialty, its employees or agents. Customer shall be responsible for any damage or injury not caused by the foregoing. In no event shall Specialty be liable for consequential, indirect, or punitive damages.
14. SPECIALTY DOES NOT INSURE THE VEHICLE: Customer acknowledges and agrees that Specialty does not, and will not, insure the Vehicle and/or any of Customer’s other personal property that may be stored in or about the Vehicle. Customer shall be solely responsible for insuring the Vehicle and any other personal property stored in or about the Vehicle.
15. CUSTOMER\'S INSURANCE (please initial one of the following):
_____ A. Customer currently has, and will maintain, comprehensive insurance on the Vehicle and personal property through the Term of this Agreement. Customer shall provide Specialty with a certificate of insurance naming Specialty as additional insured/loss payee upon execution and annually thereafter, with minimum limits of $__________ combined single limit.
______ B. Customer will be \"self-insured,\" and personally assumes all risk of loss or damage.
16. WAIVER OF SUBROGATION: Customer waives any right or claim against Specialty for damages sustained by Customer which is covered under any insurance policy, and Customer shall cause its insurance carriers to waive their respective rights of subrogation with respect to the same.
17. KEYS: Upon the execution of this Agreement, Customer shall provide to Specialty a key(s) and/or other devices necessary to operate the Vehicle. Customer authorizes Specialty, its employees and other agents to operate the Vehicle as reasonably necessary for the purposes of Specialty\'s business operations and/or to perform the terms and conditions of this Agreement. Specialty shall not be liable for normal wear and tear resulting from such necessary movements.
18. CHANGE OF ADDRESS: Customer will inform Specialty in writing, within five (5) days, if Customer changes his or her address.
19. APPLICABLE LAW: It is the intention of the parties hereof that all questions with respect to the construction of this Agreement and rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Ohio, with venue in Franklin County.
20. ENTIRE AGREEMENT: This Agreement embodies and constitutes the entire understanding among the parties with respect to the transaction contemplated herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement.
21. BINDING EFFECT: The terms of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns.
22. SEVERABILITY: In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
23. NOTICES: Any notice to be given or to be served upon any party hereto, in connection with this Agreement, must be in writing, and may be given by certified mail in which case it shall be deemed to have been given and received when a certified letter containing such notice, properly addressed, with postage prepaid is deposited in the United States mails; and if given otherwise than by certified mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed. Any such notice to Customer shall be sent to the address listed in Section 1 hereof, unless Customer shall have notified Specialty in writing of new address pursuant to Section 18 hereof.
24. INDEMNIFICATION: Customer agrees to indemnify, defend, and hold harmless Specialty, its officers, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys\' fees) arising out of or related to Customer\'s ownership or use of the Vehicle, violation of this Agreement, or any act or omission of Customer (except to the extent caused by Specialty\'s gross negligence or willful misconduct).
25. FORCE MAJEURE: Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, fire, flood, or governmental action.
