- The Protection Plan Offer: In consideration of the payment of the Additional Rental Fee per month, Owner waives the release of liability for property damage in your Rental Agreement up to the Protection Plan Limit indicated above. This limited assumption of liability is a modification to the waiver of liability in the Rental Agreement that it forms a part.
Owner’s responsibility is limited to the liability for losses that occur as a result of Owner’s negligence or as a result of acts or omissions for which Owner is liable under the law, including, but not limited to, vicarious liability, intentional tort, strict liability, and breach of common law or statutory duty. Owner’s liability will arise ONLY IF Owner is negligent or breaches some other duty to you as Tenant AND you suffer a loss.
Examples of when Owner would be liable include, but are not limited to: IF Owner is negligent by not repairing the roof, AND you suffer a loss due to water damage, THEN Owner will be liable for your loss, subject to the limitations below; or, IF a fire occurs as a result of Owner’s negligence or other breach of his duty, AND you suffer a loss due to fire or smoke damage or water damage, THEN Owner will be liable for your loss, subject to the limitations below; or, IF theft or vandalism occurs because of Owner’s negligence or other breach of his duty, AND you suffer a loss due to theft or vandalism damage to your property, THEN Owner will be liable for your loss, subject to the limitations below. Owner is not liable for loss in excess of the amount Tenant requests in this Addendum and which is set forth as the limit of Owner’s liability. - Protection Plan Limit: The most the Owner will pay for loss or damage to your stored goods under this Protection Plan is the Protection Plan Limit initialed above. The Owner has no liability for loss of or damage to Tenant’s stored goods beyond the Protection Plan Limit agreed to by Owner under the Protection Plan purchased by you. This is the most the Owner shall pay for any loss for any reason.
- Goods Not Covered under the Protection Plan: The Owner will not pay for loss of or damage to: property in the open and not in an enclosed storage space, except as provided for in Option C above, accounts bills, currency, data, documents, records, deeds, evidence of debt, securities, money, or notes; any goods you are not permitted to store under the terms of the Rental Agreement; jewelry, watches, precious or semi-precious stones and stamps; bullion, gold, goldware, gold plated ware, silver, silverware, platinum or other precious metals or alloys, and photographic equipment; furs, fur garments and garments trimmed with fur; antiques, works of art, mobile phones, perfumery, wines, cigars, spirits and the like; aircraft; firearms; contraband or other property held for, or in the course of, illegal transportation, sale, or trade; livestock, animals, birds or fish; explosives and flammables; valuable papers and records, including those which exist as electronic data and photographs. Property owned by any person other than Tenant.
- Losses Not Covered under the Protection Plan:
- Loss or damage to Tenant’s stored goods caused by flood; surface water, underground water, storm, surge, waves, tides and tidal waves or overflow from any body of water or their spray, all whether driven by wind or not.
- Presence, growth, proliferation, spread or any activity of mold, mildew, fungus, wet or dry rot or bacteria in excess of $500.00.
- Loss or damage resulting from unknown or mysterious causes.
- Delay, loss of use, loss of market or consequential loss of any kind or description.
- Any governmental action, seizure or destruction of Unit Contents by order of governmental authority. This exclusion does not apply to acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if loss caused by that fire would be covered under this Protection Plan.
- Moths, insects, rodents or vermin damage in excess of $500.
- Loss of data records other than the cost of blank data carrying materials.
- Earthquake and volcanic eruption, meaning earthquake shocks or the eruption, explosion, or effusion of a volcano. Loss by volcanic action does not include loss to Unit Contents by fire or any cost to remove ash, dust or particulate matter.
- Loss from theft without visible signs of forced entry into a locked space and accompanied by a police report.
- Wear and tear of stored property that causes property to damage or destroy itself, or its gradual deterioration.
Owner will not pay for a loss caused directly or indirectly by any of the following: Any fraudulent or illegal act by Tenant. Any and all liability or obligations extending to anyone other than the Tenant. Any consequential, punitive, exemplary, or extra-contractual damages. Any loss occurring prior to the effective date of this Addendum. Any loss arising directly or indirectly out of war, including undeclared war; or warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
- The Amount Owner Will Pay if there is a Loss: For any single loss or damage covered under this Protection Plan, Owner will be required to repair the item if repair is possible and where it is economical to do so. In the event of the total loss or destruction of any item, the basis of payment shall be the cost of replacing the item as new provided that the item is substantially the same as but not better than the original when new. Owner may decide to offer payment instead of cost to repair or replace. In no event will Owner pay more than the Protection Plan Limit.
- Household linen and clothing: Owner will not pay for new replacement and will take into consideration the age, quality, degree of use and market value of any lost or damaged item(s)
- Documents: Where there is loss of or damage to documents, Owner will pay the reasonable costs of reprinting and/or reasonable costs of reissue and or reconstitution including, where applicable fresh research or exploration to obtain essential information.
- Pairs and sets: Where any items are part of a pair or of a set, payment shall only be for the actual items which are lost or damaged. No payment will be made for any items which are part of a pair or set which are not lost or damaged.
- Failure to Pay Rent: The Protection Plan may not cover any damages or losses for any month that the Protection Plan is not timely paid in full for the month. At Owner’s sole discretion, your participation in the Protection Plan may be reinstated upon payment of all rent and other charges due and owing, unless any loss or damage has occurred during the period of non-payment.
- Termination: This Protection Plan may be canceled by You upon ten (1) days written notice, upon proof of insurance on Tenant’s stored property provided to Owner, or by Owner upon thirty (30) days’ written notice to you (unless terminated earlier by rent non-payment).
- Time Limit for Notice: Notice of loss and/or damage must be made to Owner at the time of the discovery of loss or damage to your property or at the time of the removal of your property from the unit, whichever is the soonest.
- Modifications to Protection Plan: The terms and conditions of this Protection Plan are subject to change at the option of Owner upon thirty (30) days’ prior written notice. If so changed, the Tenant may terminate the Protection Plan on the effective date of such change by giving the Owner ten (10) days’ prior written notice of termination after receiving notice of the change. If the Tenant purchases a Protection Plan the next month, the change shall become effective on the date stated in the Owner’s notice and shall apply thereafter. Tenant is obligated to notify Owner if there is any change to the Protection Plan Limit otherwise Tenant warrants that the value is accurate.
- Cooperation: As a condition to any payment under the Protection Plan, Tenant must cooperate with any licensed adjuster appointed by Owner to review Tenant’s alleged loss or damage. Cooperation includes, but is not limited to: notifying the police in the event of a burglary or other violation of law; providing prompt written notice of the loss or damage to the Owner, including a description and details of the loss; taking reasonable steps to protect the stored goods from further damage; providing a written inventory of the damaged stored goods including a description, age and replacement cost of the damaged stored goods; allowing inspection of the damaged stored goods; completing a sworn proof of loss within thirty (30) days of a request for proof of loss by the Owner; meeting with representatives as necessary; and any other duties as requested by Owner and its representatives during the investigation or settlement of any loss or damage to the stored goods. Owner will not assume any liability for loss of or damage to the stored goods if Tenant has made fraudulent statements or engaged in fraudulent conduct in connection with any loss or damage for which protection is sought under the Protection Plan.
- Time to Bring Claim or Suit: Tenant shall submit any claim for loss of or damage to Unit Contents to Owner within one (1) year after the claim arose. Any lawsuit or arbitration to require payment under this Agreement must be commenced within one (1) year after the loss of or damage to the Unit Contents.
- Telephone Communications: Tenant agrees that Owner and Owner’s employees, agents, vendors, and contractors may call or send recurring text messages to Tenant by telephone (including, without limitation, through the use of prerecorded/artificial voice messages and/or automatic telephone dialing system) with marketing communications at the telephone number provided by Tenant. Tenant’s consent is not a condition of purchasing any goods or services. In the case of text messages, message and data rates may apply. Tenant may revoke consent at any time by providing notice to Owner by following any instructions which may be contained in a call or text message.
- The Rental Agreement: All terms and conditions of the Rental Agreement not specifically modified by this Addendum are in effect and binding on both Owner and you and are incorporated by reference herein.
