Terms & Conditions

 

Closet Go, LLC, (“Owner”), hereby rents to the individual whose name and contact information has been filled in by the same individual on the Owner’s website or app, (“Occupant”), the specific and unique Portable Storage Room also listed on the Owner’s website or app, (“Storage Room”), and Occupant agrees to the following Terms and Conditions, (“Agreement”):

  • DESCRIPTION OF STORAGE ROOM.

    Occupant hereby retains Owner’s services in connection with the rental of the Storage Room that except for when being transported to and from Occupant, shall be in a Storage Warehouse, (“Premises”) operated by Owner. At the time of the initial delivery of the Storage Room to Occupant, Occupant acknowledges having had an opportunity to examine the Storage Room and that such Storage Room is satisfactory for all purposes for which Occupant shall use it.

  • TERM.

    The initial term of this Agreement commences on the date Occupant first places its personal property in the Storage Room and terminates on the last day of the same month. At the end of this initial rental period, the term automatically renews commencing on the first day of the next month in increments of one full calendar month, until terminated by either party. Occupant agrees that he/she is a “Month to Month Occupant” and that the minimum occupancy charge is one month.

  • OCCUPANCY CHARGE & OTHER FEES.
    • Owner shall prorate the monthly occupancy charge as previously agreed to by Occupant on Owner’s website or app to reflect the portion of the initial month for which Occupant is occupying the Storage Room. Thereafter, the occupancy charge will be automatically charged by Owner to Occupant on the1st day of each calendar month until this Agreement is terminated. All other services provided by Owner shall be charged in accordance with fees listed in this Agreement, the website or app.
    • The monthly occupancy charge, other fees or any other charge may be increased at the beginning of any calendar month by Owner giving Occupant not less than 30 days written notice of the increase, by first class mail, to the Occupant’s address stated in this Agreement. The new occupancy charge and/or fee shall become effective on the next date the occupancy charge is due.
  • LATE PAYMENT, ADMINISTRATIVE AND OTHER CHARGES.

    In addition to the monthly occupancy charge, Occupant will pay a mandatory late payment charge of $10.00 (Ten Dollars) for any calendar month in which the occupancy charge is not paid within five (5) days of the date due. Occupant will pay a mandatory charge of $30.00 for any payment which is returned uncollected. These charges are considered additional rent and are to compensate Owner for labor and other costs of collection. Occupant shall also pay a one-time mandatory administrative charge if so required.

  • LIMITATION OF VALUE OF OCCUPANT’S PROPERTY.

    Occupant will not store personal property in the Storage Room having an aggregate value exceeding $2,000.00 (Two Thousand Dollars). Occupant acknowledges that this limitation is important to Owner and that Occupant’s failure to comply with this limitation is a substantial breach of Occupant’s obligations under this Agreement. Nothing herein shall constitute an agreement or admission by Owner that Occupant’s stored property has any value, nor shall anything alter the release of Owner’s liability set forth herein.

  • NO SUBLETTING.

    Occupant shall not assign or sublease the Storage Room without the written permission of Owner. Owner may withhold permission for any reason or for no reason.

  • USE.

    The Storage Room will be used for the storage of Occupant’s personal property (which will at all times be owned only by Occupant), and for no other purpose. Occupant agrees that Owner does not know the type, nature or condition of the property that Occupant places in the Storage Room and acknowledges that Owner need not be concerned with the kind, quantity or value of personal property or other goods stored by Occupant in the Storage Room pursuant to this Agreement. Occupant shall not store any food or perishable goods, hazardous materials (as defined below), flammable materials, explosives, or other inherently dangerous material. Occupant shall not store any property which would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters. For purposes of this Agreement, "Hazardous Materials" shall include, but not be limited to, any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation. Occupant acknowledges and agrees that the Storage Room and the Facility are not suitable for the storage of precious, invaluable or irreplaceable property, including, but not limited to, books, records, works of art, photographs, and objects which are claimed to have special or emotional value to Occupant and Owner shall not be liable for any damage resulting to such items. Furthermore, Occupant acknowledges and agrees not to store the following items in the Storage Room: money, securities, deeds, letters of credit and notes, gold, silver, credit or debit cards, personal records, passports, tickets, jewelry, watches, furs, precious stones, and computer software or programs. Occupant specifically acknowledges the following: (a) that Occupant assumes full responsibility and liability for packing Occupant’s property in the Storage Room and for securing Occupant’s property for over the road transportation; (b) that the maximum weight of Occupant’s property shall not exceed 7,000 pounds.

  • END OF TERM OF AGREEMENT.

    On or before the day this Agreement ends, Occupant will remove all of its property from the Storage Room. If Occupant does not leave the Storage Room empty and broom clean, Occupant will pay, on demand, a minimum mandatory cleaning charge of $25.00. Any personal property not removed by the date the term of this Agreement ends will be disposed of at Occupant’s cost in accordance with the New York State Lien Law (see Section 15 of this Agreement) or by any other reasonable, lawful means. On the actual day that Occupant removes all personal property from the Storage Room, Occupant may be required to sign a vacate receipt with Owner. Nothing herein shall be construed as imposing a duty upon Owner to safeguard Occupant’s personal property and Owner hereby expressly disclaims any such duty.

  • OCCUPANT’S RISK AND LIABILITY.

    Subject to Section 10, Occupant personally assumes all risk of loss or damage to or theft of Occupant’s property stored in the Storage Room however caused, including, without limitation, burglary, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omission or negligence of Owner or Owner’s Agents. Occupant agrees to insure the actual full value of the stored property against loss and damage.

  • INSURANCE.

    Notwithstanding Section 9, Occupant, at Occupant’s sole expense, shall maintain all insurance on the contents of the Storage Room including fire and extended coverage in amounts at least equal to the value of the contents. Insurance on Occupant’s stored property is a material condition of this Agreement, and is for the benefit of both Occupant and Owner. If Occupant’s personal property is lost or damaged by casualty, Occupant will make a claim only against Occupant’s insurer and not against Owner nor Owner’s insurer, and Occupant will cause its respective insurance policy to be endorsed so as to waive that right of its insurer. 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. Occupant expressly agrees that the carrier of such insurance shall be subrogated to any claim of Occupant against Owner, Owner’s agents or employees. Any insurance carried by Owner is for the sole benefit of the Owner.

  • OCCUPANT’S INDEMNITY.

    Occupant will indemnify and hold harmless and defend Owner and its agents, servants and employees against any claim, action, proceeding, liability, loss, damage and expense, including attorney’s fees, arising from any act or omission of Occupant or Occupant’s agents, servants, employees, contractors or invitees.

  • LIMITED SERVICES BY OWNER; ACCESS BY OWNER AND OCCUPANT.
    • Owner is not supplying any security, water, toilets, heating, ventilating or air conditioning, electricity, cleaning, rubbish removal, assistance in moving Occupant’s personal property or any other services or utilities.
    • Stoppage of any services provided by Owner, the inability of Owner to deliver or redeliver Occupant’s Storage Room on the date of Occupant’s choosing or the temporary exclusion of Occupant from the Storage Room or the Facility will not entitle Occupant to any reduction of the occupancy charge or create any liability or obligation of Owner to Occupant.
    • Owner will not enter the Storage Room except in an emergency. If Owner must enter the Storage Room, Occupant’s padlock will be removed and replaced with another padlock. No such entry will entitle Occupant to any reduction of the occupancy change or create any liability or obligation of Owner to Occupant.
  • RULES AND REGULATIONS.

    Owner shall have the right to establish or change rules and regulations for the safety, care and cleanliness of the Storage Room or the preservation of good order for the Facility. Occupant agrees to follow all rules and regulations now in effect or that may be put into effect from time to time.

  • LOCK.

    Occupant shall provide, at Occupant’s own expense, a lock that Occupant deems sufficient to secure its Storage Room. If the Storage Room is found unlocked after Occupant takes occupancy, Owner may, but is not obligated to, take whatever measures Owner deems reasonable to re-secure the Storage Room, with or without notice to Occupant. The fact that Owner has taken a measure to re-secure Occupant’s Storage Room shall not alter the limitations on Owner’s liability set forth elsewhere in this Agreement, nor shall such measures be deemed a conversion of Occupant’s stored property.

  • OWNER’S LIEN; DEFAULTS: REMEDIES OF OWNER.

    Occupant hereby grants to Owner a contractual lien upon all property, now or at any time hereafter stored in the Storage Room, to secure the payment of all rents or other charges payable under this agreement. The New York State Lien Law gives Owner a lien on all personal property of Occupant stored in the Storage Room for occupancy charges or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to law and any other charges pursuant to this Agreement. This lien is superior to any other lien or security interest and attaches as of the date the personal property is placed in the Storage Room. Accordingly, if Occupant

    • fails to pay the monthly occupancy charge or any other charge when due,
    • abandons the Storage Room,
    • fails to comply with any other occupancy agreement between Owner and Occupant,
    • fails to comply with any other term of this Agreement or any rule or regulation of Owner then in effect,
    • damage Owner’s Facility or the Storage Room by Occupants actions or failure to act, Owner may
      (i) deny Occupant access to the Storage Room until Occupant pays the occupancy charge or such other charges and/or
      (ii) make any demand or give any notice required by law and, if Occupant does not comply with such demand or notice within the time required by law, if any, Owner may immediately deem this Agreement to be terminated and, at Occupant’s expense, sell Occupants personal property in accordance with the New York State Lien Law or take any other reasonable, lawful action in connection with the termination of this Agreement, the removal of Occupant’s personal property and the collection of any occupancy charges or other charges. Occupant will remain liable to Owner for the occupancy charge and for all other charges due to the date of termination and for any damages resulting from Occupant’s non-compliance, including attorney’s fees and all expenses of Owner in connection with removing Occupant, removing, preserving, and selling Occupant’s personal property, and cleaning or repairing the Storage Room or Facility. In addition to any other charges to be paid by the Occupant, if Owner commences an action for Occupant’s non-compliance, Occupant shall pay, on demand, a mandatory charge of $75.00 for Owner’s attorney’s fees and expenses. The sale of Occupant’s personal property does not relieve Occupant of the responsibility to pay all unpaid charges.
  • RELATIONSHIP OF OWNER AND OCCUPANT; RELEASE OF OWNER’S LIABILITY.

    The relationship of Owner and Occupant created by this Agreement is that of Owner and Occupant in accordance with the New York State Lien Law (all words used in this Agreement will have the meaning to them under the law) and not that of bailee and bailor; nor is Owner a warehouseman engaged in the business of storing property for hire. Owner has not, and will not, issue any warehouse receipt, bill of lading or other document of title for the personal property stored in the Storage Room. Occupant’s personal property stored in the Storage Room will be at Occupant’s sole risk. Owner, and its agent, servants and employees will not be liable to Occupant or any other person for loss of or damage to any personal property in the Storage Room arising from any cause whatsoever, except for Owner’s willful misconduct or gross negligence. Owner and its agents, servants and employees shall not be liable to Occupant or any other person for injury or death as a result of Occupant’s use of the Storage Room except for Owner’s willful misconduct or gross negligence. Owner is not taking care, custody, control or dominion of the contents of the Storage Room.

  • OCCUPANT CHANGE OF ADDRESS.

    Occupant shall notify Owner of any change of address or phone number within ten (10) days of the change. Such notification shall be sent by certified mail, return receipt requested. Failure to provide forwarding information in writing releases Owner of any damages that might occur in an event of default. Owner assumes no responsibility and will make no attempts to locate Occupant if such information has not been provided.

  • NO ORAL AGREEMENTS.

    This Agreement along with all information provided by the Occupant to Owner on the Closet Go website or application, as well as provided by Owner to Occupant states the entire agreement between Owner and Occupant and there are no other representations, promises or agreements between them. No agreement or waiver will be effective unless in writing and signed by Owner and Occupant, except for an increase in a charge of which Occupant is notified in accordance with Section 3 of this Agreement. Occupant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the Storage Room for the storage of Occupant’s property, and that Occupant has made his/her own determination of such matters. Occupant agrees that he/she is not relying, and will not rely upon any oral representation made by Owner or by Owner’s agents or employees purporting to modify or add to this Agreement.

  • NO WAIVER OF AGREEMENT TERMS.

    The failure of Owner on previous occasions to take action for non-compliance with this Agreement or the rules and regulations presented on the website or app will not prevent Owner from taking action for subsequent non-compliance. The receipt of any charge with knowledge of noncompliance is not a waiver of non-compliance.

  • NOTICES.

    Unless specifically stated otherwise, all notices required by this Agreement shall be sent by first-class mail postage prepaid. Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed with postage paid. All statutory notice shall be sent as required by law.

  • WAIVER OF TRIAL BY JURY; NO COUNTER CLAIMS.

    Owner and Occupant waive their respective right to trial by jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by either Owner against Occupant, or Occupant against Owner, or Owner’s agents or employees, on any matter arising out of, or in any way connected with this Agreement, Occupant’s use of the Storage Room, or any claim of bodily injury or property loss or damage, or the enforcement of any remedy under any law, statue, or regulation. This jury trial waiver is also made by Occupant on behalf of any of Occupant’s agents, guests or invitees.

  • BINDING EFFECT OF AGREEMENT.

    This Agreement will bind and benefit Owner and Occupant and their respective heirs, executors, administrators, successors and assigns. If any provision of this Agreement should be invalid or unenforceable, only that provision will be affected. The rest of this Agreement will remain valid, enforceable and in full force and effect.

  • CONSOLIDATION OF THIS AGREEMENT WITH WEBSITE AND APP.

    Occupant herby represents that all information provided by Occupant to Owner on the Closet Go website or app is accurate and is hereby made a part of this Agreement. Further, Occupant hereby agrees to all terms and conditions contained on the Closet Go website or app and all such terms and conditions are hereby incorporated as part of this Agreement.

  • AUTHORIZATION TO CHARGE CARD.

    Occupant hereby authorizes Owner to charge Occupant’s, credit or debit card, as provided by Occupant to Owner on the Closet Go website or app, for all charges outlined herein or on the website or app, or which may be charged from time to time by Owner. It shall also be the sole responsibility of Occupant to notify Owner of any updates or changes to Occupant’s supplied charge card.