This Storage Rental Agreement is entered into as of date of sign-up, by and between Marblehead Movers, located at 4 Beringer Way, and customer competing Moonclerk sign-up.
1. DEFINITIONS
• Leased Space: The individual storage unit assigned to the Occupant.
• Personal Property: All non-affixed, movable items including household goods, furniture, vehicles, boats, or business inventory.
• Default: Failure to comply with any obligation outlined in this Agreement, including failure to make timely rent payments.
2. TERM AND RENT
• Term: This Agreement begins on date payment information is entered and continues on a month-to-month basis until terminated by either party in accordance with this Agreement.
• Monthly Rent: Is due and payment will be processed on the 1st of each month without invoice or reminder.
• Late Fees: If rent is unpaid within 5 days after the due date, a late fee of $10/day will be charged.
• Returned Payment Fee: Any returned payment (e.g., bounced check) incurs a $50 charge.
• Rate Adjustments:
• The Owner reserves the right to adjust rental rates based on economic conditions, increased operating costs, or market rates.
• Rent may be adjusted at 3-month, 6-month, or 12-month intervals with at least 10 days’ written notice to Occupant.
• Occupant may terminate this Agreement before the new rate takes effect.
3. USE OF STORAGE UNIT
• Permitted Use: The Leased Space may only be used for storage of personal property owned by the Occupant.
• Prohibited Uses: Occupant may NOT store:
• Flammable, explosive, or hazardous materials (including gasoline, propane, or paint).
• Perishable goods (food, plants, animals, or anything that attracts pests).
• Illegal substances, stolen goods, or contraband.
• Weapons, ammunition, explosives, or toxic waste.
• Any items that violate federal, state, or local laws.
• No Residential Use: The storage unit CANNOT be used as a residence, workspace, or place of business.
Occupant acknowledges that violation of these terms may result in immediate termination of this Agreement.
4. INSURANCE; RELEASE OF LIABILITY & WAIVER OF SUBROGATION
• Occupant’s Responsibility:
• All personal property is stored at the sole risk of the Occupant.
• The Owner does NOT insure any stored items.
• Occupant is responsible for obtaining their own insurance coverage for stored items.
• Waiver of Subrogation:
• If Occupant’s insurance company covers damages or losses, it is expressly agreed that the insurance carrier shall have NO RIGHT to subrogate or seek recovery from Marblehead Movers, its owners, employees, or agents.
• Occupant expressly waives all rights of recovery against Owner and its agents.
• Limitation of Liability:
• Owner is NOT responsible for any loss, theft, damage, or destruction of property, including loss due to:
• Fire, flood, natural disasters, or extreme weather.
• Theft, burglary, vandalism, or unauthorized access.
• Rodents, insects, mold, or mildew.
• Occupant waives any claims against the Owner except in cases of gross negligence or willful misconduct.
5. OWNER’S LIEN & DEFAULT
• Owner’s Lien (Massachusetts General Laws, Chapter 105A):
• Owner has a lien on all property stored for unpaid rent, labor, insurance, and any other applicable charges.
• If the Occupant fails to pay rent for 45 days, the Owner may enforce its lien and dispose of or auction the stored property.
• Enforcement of Lien:
• Occupant will receive a Notice of Default if rent is past due.
• If payment is not made within 14 days of notice, the Owner may seize and sell stored property per Massachusetts law.
• All proceeds from the sale shall first satisfy any unpaid balance, with excess funds handled per legal requirements.
• Additional Consequences of Default:
• Access to the storage unit will be denied until the account is paid in full.
• Unpaid balances may be reported to credit agencies and impact the Occupant’s credit score.
6. ACCESS & SECURITY
• Access Hours: Occupants may access their unit only during posted business hours and must be accompanied by a Marblehead Movers employee. Access time will be billed at our standard hourly labor rate, per employee.
• Security Measures:
• The facility has security monitoring, but Owner makes no guarantees regarding theft prevention.
• Occupants must use their own locks, and Owner does not retain keys.
• Loss of Access:
• If rent is past due, Occupant loses access to the storage unit.
• Occupants may NOT force entry; doing so constitutes trespassing.
7. TERMINATION OF AGREEMENT
• By Occupant: May terminate at any time with 2 days’ written notice.
• By Owner: Owner may terminate the lease with 7 days’ written notice, or immediately in the case of:
• Violation of this Agreement.
• Default exceeding 45 days.
• Unlawful activity occurring in the storage unit.
• Vacating Unit:
• Occupant must remove all property by the move-out date.
• If property remains, Owner may treat it as abandoned and dispose of it at Occupant’s expense.
8. NOTICES & GOVERNING LAW
• Notices:
• All official notices will be sent via verified mail, email, or personal delivery to the last known address of the Occupant.
• Occupant agrees to update their contact and valid payment information if it changes.
• Governing Law:
• This Agreement shall be governed under the laws of the Commonwealth of Massachusetts.
• Any legal disputes must be resolved in [County] District Court.
9. NO WARRANTIES & ENTIRE AGREEMENT
• No Warranties:
• Owner does not guarantee the safety, security, or condition of stored property.
• Occupant accepts the storage unit in “as-is” condition.
• Entire Agreement:
• This Agreement constitutes the entire understanding between the parties.
• No verbal modifications will be recognized.