RECITALS

            WHEREAS, Company is the owner and operator of a privately controlled storage facility commonly referred to as “Warehouse 18,” and offers rental of storage space to customers for the limited purpose of storing personal property;

            WHEREAS, Customer desires to rent such storage space for the storage of Customer’s personal property and agrees to abide by the terms and conditions set forth herein;

            WHEREAS, the Parties wish to formalize their agreement with respect to the lease of storage space and the conditions under which Customer may use such space;

            NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

1.     Use of Premises and Access Conditions

            The Company, Warehouse 18, LLC (“Company”), hereby leases to the undersigned customer (“Customer”) a designated area within its privately operated storage facility, located at an address as specified above, for the sole and exclusive purpose of storing personal property. The leased premises are not intended for self-service access. Customer acknowledges and agrees that all access to the storage area must be scheduled in advance and shall occur only under the supervision or facilitation of Company or its authorized personnel. Under no circumstances shall Customer be permitted unsupervised access to the storage facility or the leased storage area. Access shall be limited to the days and hours designated by the Company, subject to change at Company’s sole discretion.

2.     Prohibited Items and Special Conditions

            Customer shall not store on the premises any items which are hazardous, explosive, flammable, corrosive, environmentally unsafe, or otherwise dangerous, including but not limited to propane tanks, liquefied petroleum gas cylinders, vehicle batteries, industrial chemicals, fireworks, firearms, ammunition, perishable goods, or any material designated as hazardous under federal, state, or local laws. The storage of standard non-leaking batteries may be permitted only with Company’s prior written consent, and shall incur an additional monthly charge of Five Dollars ($5.00) for safe handling and charging services. The Company reserves the right to inspect any items intended for storage and to refuse or require removal of any item deemed unsuitable or non-compliant with this Agreement.

3.     Term and Commencement

            The term of this Agreement shall commence on the date set forth in the signature block below and shall continue as a month-to-month tenancy or for such fixed term as separately agreed in writing.

4.     Rent, Payment Terms, and Processing Fees

            Customer agrees to pay the monthly rent as specified in Exhibit A. The first monthly instalment is due on the date Customer delivers property for storage (the “Delivery Date”) and, thereafter, on the same calendar day each month; if a month lacks that calendar day, rent is due on the last day of that month. All payments shall be made via automatic withdrawal from Customer’s designated bank account or by credit/debit card. If payment is made by card, a processing fee currently estimated at 3%–5% of the payment amount applies (subject to change based on processor rates). No payment shall be deemed received until fully processed and cleared. Rent is deemed earned upon receipt and is non-refundable.

            Company reserves the right to increase the rent on an annual basis, effective upon thirty (30) days’ prior written notice to Customer. Such adjustment may be made in Company’s sole discretion and shall not require amendment of this Agreement to be effective.

5.     Late Payment and Default

            In the event that Customer fails to make any payment by the due date, a late fee equal to ten percent (10%) of the outstanding rent shall be charged for each ten (10) day period the payment remains unpaid. Such late fees shall accrue cumulatively and shall be deemed additional rent under this Agreement. If rent and applicable late fees are not paid in full within thirty (30) days of the due date, Company may, at its sole option, declare Customer to be in default and take any action available under this Agreement or by law, including but not limited to denying access to the stored property, terminating this Agreement, and disposing of property in accordance with Indiana Code § 26-3-8 et seq. or any other applicable statutory provisions governing abandoned or liened personal property.

6.     Winter Access Surcharge

            Customer acknowledges that access to the storage premises during winter months places an operational and safety burden upon Company. Accordingly, any request by Customer to access or remove items from storage between December 1st and March 30th shall be subject to a winter access surcharge of Three Hundred Dollars ($300.00) per occurrence. Such fee must be paid in advance of any access being granted and shall not be waived except upon written notice from Company.

7.     Liability and Indemnification

            Customer acknowledges and agrees that Company shall not be liable for any loss, damage, theft, deterioration, or destruction of Customer’s property, whether caused by fire, water, mold, pests, vandalism, burglary, natural disaster, or any other cause, whether foreseen or unforeseen, and whether due to negligence or otherwise. All property stored by Customer shall be at Customer’s sole risk. Customer agrees to indemnify, defend, and hold harmless Company, its members, managers, employees, and agents from and against any and all claims, damages, demands, costs, losses, liabilities, or expenses, including attorneys’ fees, arising out of or related to Customer’s use of the premises, violation of this Agreement, or the actions or omissions of Customer or its invitees.

8.     Insurance

            Company does not provide insurance coverage for any of Customer’s property stored on the premises. Customer is solely responsible for obtaining, maintaining, and paying for any insurance coverage Customer deems appropriate to protect against risk of loss or damage. Company recommends that Customer maintain a renter’s or homeowner’s policy with off-site property coverage.

9.     Security Disclaimer

            Company may, at its discretion, install security cameras or other monitoring equipment on the premises. However, Customer acknowledges and agrees that the presence of such systems does not constitute a guarantee of safety or continuous surveillance. Company makes no representation or warranty as to the operation, functionality, effectiveness, or scope of any security system. Customer stores property at their sole risk, regardless of the presence or absence of surveillance or other security measures.

10.  Designated Beneficiary Upon Death

            Customer shall, upon execution of this Agreement, provide a written designation of one or more individuals authorized to access and retrieve the stored property in the event of Customer’s death. The designated individual must present a certified copy of Customer’s death certificate and shall have sixty (60) calendar days from the date of death to remove all stored property from the premises. During this sixty (60) day period, rent and all applicable fees continue to accrue and are the responsibility of Customer’s estate or the designated individual, and must be paid in full prior to removal. Failure to remove all property within sixty (60) days shall result in continued rent accrual thereafter and may subject the property to disposal as abandoned in accordance with this Agreement and applicable law. Company assumes no responsibility for disputes among heirs or other claimants.

11.  Assignment and Transfer

            Customer shall not assign this Agreement, sublease the storage space, or permit any third party to use the premises without the prior written consent of Company. Any such attempted assignment or use without Company’s written approval shall be null and void and shall constitute a material breach of this Agreement, entitling Company to terminate same and pursue all available remedies.

12.  Force Majeure

            Company shall not be held liable or deemed in default for any delay or failure in performance arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, extreme weather, war, terrorism, labor disputes, government actions, pandemic, utility interruptions, or equipment failure. In such event, Company’s obligations under this Agreement shall be suspended for the duration of the force majeure event, and Customer shall not be entitled to any refund, abatement of rent, or other compensation.

13.  Dispute Resolution and Arbitration

            The parties agree that any claim arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall first be submitted to non-binding mediation, to be conducted by a mutually agreed upon mediator in the State of Indiana. If such mediation is unsuccessful, the matter shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in the county in which the storage facility is located, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall bear its own costs of arbitration, except as otherwise awarded by the arbitrator. Nothing herein shall prevent Company from pursuing legal action in small claims court for unpaid rent or other charges under this Agreement. Parties waive any and all rights to trial by jury.

14.  Customer Responsibilities

            Customer shall maintain current and accurate contact and payment information at all times during the term of this Agreement. Customer shall be solely responsible for properly packaging, securing, and labeling all Stored Property, and for ensuring that the Stored Property is suitable for storage in a non-climate-controlled facility. Customer shall not cause damage to the Facility or interfere with other tenants or operations of Company. Customer shall immediately notify Company in writing of any issues, unsafe conditions, or material changes regarding Stored Property. Customer agrees to comply with all federal, state, and local laws while using the Facility.

            If more than one individual signs this Agreement as Customer, each such individual is jointly and severally liable for all obligations of “Customer” hereunder, and any notice to or payment by any one Customer shall be deemed notice to or payment by all Customers.

15.  Inspection and Relocation Rights

            Company shall have the right to enter the Storage Space at any time, with or without notice, in the event of an emergency, suspicion of prohibited activity, facility maintenance, inspection for compliance, or as otherwise required by law. Company shall also have the right, at its sole discretion, to relocate Stored Property to a comparable alternative location within the Facility in the event of operational necessity, maintenance, safety, or security concerns. Company shall not be liable for any costs, losses, or inconvenience arising out of such relocation.

16.  Lien Rights

            In accordance with Indiana Code § 26-3-8 et seq., Company shall have a lien upon all Stored Property for unpaid rent and any other charges due under this Agreement. If Customer fails to pay such charges in full when due, Company may enforce its lien by selling or disposing of Stored Property after providing proper notice to Customer in accordance with Indiana law. Company shall not be liable for any loss resulting from such sale or disposal, and Customer waives any and all claims related thereto.

17.  Abandonment

            In the event Customer fails to remove all Stored Property from the Facility within seven (7) days after termination or expiration of this Agreement, or within sixty (60) days following Customer’s death as described in Section 10, the property shall be deemed abandoned. Company shall be entitled to dispose of such property in any lawful manner, including sale, donation, or destruction, without liability to Customer or Customer’s estate.

18.  Attorneys’ Fees

            In the event Company must initiate legal action to enforce this Agreement, collect unpaid rent or fees, or defend against any claim brought by Customer, Company shall be entitled to recover all reasonable attorneys’ fees, court costs, and expenses incurred, in addition to any other relief to which it may be entitled under law or in equity.

19.  Governing Law and Venue

            This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of laws principles. Any legal proceeding arising from or related to this Agreement shall be brought exclusively in the state courts located in Elkhart County, Indiana, and the Parties consent to the jurisdiction of such courts.

20.  Notices

            All notices, demands, or communications required or permitted under this Agreement shall be in writing and deemed delivered when: (i) delivered in person, (ii) sent via certified U.S. mail, return receipt requested, (iii) delivered by nationally recognized courier service, or (iv) sent via email to the email addresses provided by the Parties at the time of execution. Each Party shall promptly notify the other in writing of any changes in contact information.

21.  Waiver and Severability

            The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision herein. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be interpreted to best effectuate the original intent of the Parties.

22.  Entire Agreement and Amendment

            This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both Parties.

23.  Execution and Counterparts

            This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by facsimile shall be deemed valid and binding for all purposes.

COMPANY

Warehouse 18, LLC

An Indiana Limited Liability Company