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Terms and Conditions

Monthly contract between Simple Storage LLC and Customer
Note that these terms and conditions are accepted during customer sign up. You must read these in detail. By signing up, making payment and moving your contents in to Simple Storage, you are accepting these terms and conditions.
Facility Owner details:
Facility Owner: Simple Storage of Georgia LLC also known as Simple Storage
Simple Storage office address: 6554 Ball Ground hwy, Ball Ground GA 30107
Simple Storage email address: office@simplestoragega.com
Please advise us immediately if your contact details, including address, change.
KEY POINTS
Contract type: This is a monthly recurring contract that can be cancelled at any time and runs continuously until cancelled.
Notice period: Notice can be provided at any time. No further charges are made after notice is provided and Customer will have access to their unit until 11pm on the one month anniversary of their last payment.
Customer owns or is authorized to store the Goods.
Storage fees must be paid in advance and on time.
If you fail to comply with the conditions of this agreement, Simple Storage have certain rights which include the right to cancel access to your unit, to seize and sell and/or dispose of your goods.
Customer must keep the unit secure.
Customer must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods.
Customer must check the unit is suitable for storing the Goods.
Simple Storage’s liability for loss of and damage to Goods is limited to $100.
Goods are stored at your sole risk. You must take out insurance cover.
Simple Storage may use and share your personal and other data in certain circumstances.
CONDITIONS OF AGREEMENT
  1. Rent. The Occupant agrees to pay the Owner, as payment for the use of the Space and improvements thereon, the Monthly Rent listed above. Monthly installments are payable in advance at the Owner’s office on or before the monthly “Rent Due Date” listed above (hereinafter “Rent Due Date”), in the amount of the Monthly Rent listed above and a like amount each month hereafter, until the termination of this Agreement. The Owner acknowledges receipt of the sum set forth above showing payment through the “Rent Paid To Date” listed above. If any monthly installment is not paid by the seventh calendar day after the Rent Due Date, or if any check in payment is dishonored by the financial institution on which it is drawn, Occupant shall be deemed to be in default. The Occupant's failure to perform any of its obligations under the terms and conditions of this Agreement or the Occupant’s breach of the peace shall also constitute a default hereunder. The Occupant agrees and understands that partial payments made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Occupant's personal property (hereinafter called “Property”). The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant's account prior to the published auction date will stop a scheduled sale of the Property. Owner accepts checks, money orders and credit cards. Cash is accepted for walk in payments only during business hours. DO NOT PUT CASH IN ANY MAIL SLOT OR DROP BOX. A payment made on an account advertised for public sale must be made in cash only.
  2. Default. If any monthly installment is not paid by the seventh (7th) calendar day of the month due, or if any check given in payment is dishonored by the financial institution on which it is drawn, Occupant shall be deemed to be in default. The Occupant shall also be in default if the Occupant defaults on any other term or condition of this Agreement or if Occupant breaches the peace. 
  3. Denial of Access. If rent is not paid by the seventh calendar day after the Rent Due Date, Owner may, without notice, deny the Occupant access to the Property located at the Facility. Owner may also deny Occupant access to the Space if Occupant has breached this Agreement, is damaging property of others, is disturbing the peace, or is otherwise violating criminal laws. Access will be denied to any party other than the Occupant who does not retain gate code and key to lock on Space or has not supplied Owner with written authorization from the Occupant to enter the Space. Otherwise, only a court order will be sufficient to permit access by others. Occupant’s access to the Facility may also be conditioned in any manner deemed reasonably necessary by Owner to maintain order at the Facility. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Occupant’s identity, inspecting vehicles that enter the Facility, and controlling Occupant’s access to and on the Facility due to Occupant’s conduct. Additionally, if Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Owner to deny access to Occupant to all rented Spaces. No bailment or higher level of liability is created if Owner over-locks the Occupant’s lock, thereby denying the Occupant access to the Space. If Owner terminates this Agreement as provided for herein, Owner has the right to deny vehicle access entry to the Facility during the termination period and control Occupant’s access on the Facility, including, but not limited to, requiring Occupant to be escorted by Owner’s agents or employees while at the Facility.
  4. Fees. Concurrently with the execution of this Agreement, Occupant shall pay to Owner a nonrefundable New Account Administration Fee in the amount listed above. A bill for the Monthly Rent will not be sent; however, Occupant may elect to pay the additional monthly fee listed above as Invoice Fee to receive a monthly bill. Occupant acknowledges that late payment of Monthly Rent will cause Owner to incur costs not contemplated by this Agreement, the exact amount of such costs being extremely difficult to fix. Therefore, if rent is not paid by the seventh calendar day after the Rent Due Date, Occupant shall pay to Owner an additional sum as listed above as the 1st Late Fee for each month rent is past due, such amount being considered liquidated damages. Furthermore, if any monthly rent payment is received after twenty (20) days from the Rent Due Date, the 2nd Late Fee as listed above will be charged. The parties agree that these Late Fees represent a fair and reasonable estimate of the costs the Owner will incur by reason of late payment by Occupant. Owner does not waive any rights under the law for non-payment of rent. Said Late Fees are due and payable without demand from Owner. If any check or credit card is dishonored for any reason, said Late Fees shall be due and payable in addition to a return check/charge fee listed above as a Returned Check/Charge Fee. If Owner sends a lien enforcement notice to Occupant, Occupant agrees to pay the Lien Fee state above. If Occupant's Property is processed for sale at public auction, Occupant shall be responsible for a minimum public auction processing fee listed above as the Auction Sale Fee. If Occupant’s lock must be cut, Occupant shall be responsible for Lock Cut Fee listed above. Other fees charged to Occupant may be contained in Addendums to this Agreement. All service charges, administrative fees, default notice fees, late fees, court costs and attorneys’ fees together with all other fees and charges set forth in this Agreement incurred by Owner in connection with the enforcement of the Agreement shall be deemed “additional rent” payable by Occupant to Owner as provided in the Agreement.
  5. Cleaning/Maintenance Fund. Occupant further agrees to pay the sum of one month’s fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the Space and to clean up the Space at the termination of the Agreement. In the event that the Space is left in good state of repair, and in broom-swept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund.
  6. Owner's Right to Enter. In cases where the Owner considers it necessary to enter the Space for purposes of examining the Space for violations of this Agreement or conditions in the Space, or for making repairs or alterations thereto, or to otherwise comply with this Agreement, the Occupant agrees that the Owner, or the Owner’s representative, shall have the right without notice to enter into the Space and to remove contents to another space, and continue to store such contents at the sole cost and expense of the Occupant.
Use of Space; Compliance with Law. The Space named herein shall be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. NO OCCUPANT SHALL USE THE A SELF-SERVICE STORAGE FACILITY FOR RESIDENTIAL PURPOSES. There shall be NO HABITABLE OCCUPANCY of the Space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate termination of this Agreement. The storage of food or any perishable goods is strictly prohibited. The Occupant agrees that the Facility and the Occupant’s Property will not be used for any unlawful purposes or contrary to any law, ordinance, regulation, fire code or health code and the Occupant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the Space or anywhere on the Facility, and will keep the Space and the Facility in good condition during the term of this Agreement. The Occupant agrees that the Space is not appropriate for the storage of jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to the Occupant and Occupant agrees not to store said items. The Occupant hereby waives any claim for sentimental or emotional value for the Occupant's Property that is stored in the Space or on the Facility. The Occupant agrees not to store any explosives or any other highly inflammable, odorous, noxious, corrosive, hazardous or pollutant goods or any other goods in the Space or elsewhere on the Facility which would cause danger or nuisance to the Space or any other portion of the Facility. If hazardous substances are stored, used, generated, or disposed of in the Space or on the Facility, or if the Space or the Facility shall become contaminated in any manner for which the Occupant is directly or indirectly responsible, the Occupant shall indemnify and hold the Owner harmless from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses, and any and all sums incurred or paid for settlement of any such claims, including any attorney's fees, consultant and expert fees, resulting from or arising out of any contamination by the Occupant, whether incurred during or after the lease term. Occupant agrees not to conduct any business out of the Space and further agrees that the Space is not to be used for any type of work shop, for any type of repairs, or for any sales, renovations, decoration, painting, or other contracting. Occupant shall not store lithium batteries, or any devices which charge lithium batteries, in the Space. The Occupant will indemnify and hold the Owner harmless from and against any and all manner of claims for damages or lost Property or personal injury and costs, including attorneys’ fees arising from the Occupant's lease of the Space on the Facility or from any activity, work or thing done, permitted or suffered by the Occupant in the Space or on or about the Facility. Without limiting the foregoing, Occupant shall not (and shall not permit any person to) use the Space in any manner that would be a violation of any applicable federal, state or local law or regulation, regardless of whether such use or occupancy is lawful under any conflicting law, including without limitation any law relating to the use, sale, possession, cultivation, manufacture, distribution or marketing of any controlled substances or other contraband (whether for commercial, medical, or personal purposes), or any law relating to the medicinal use or distribution of marijuana. Violation of any provision in this paragraph shall be grounds for immediate termination of this Agreement.
  1. Condition and Alteration of Space. Occupant assumes responsibility for having examined the Space and Facility and hereby accepts it as being in good order and condition. Occupant understands that all unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space. Should Occupant damage or depreciate the Space and/or the Facility, or make alterations or improvements without the prior consent of the Owner, or require the Owner to incur costs to clean the Space and/or the Facility upon termination, then all costs necessary to restore the Space and/or the Facility to its prior condition shall be borne by Occupant. Owner has the right to declare any such costs to repair as “rent” and non-payment of said costs to entitle Owner to deny Occupant access to the Space.
  2. Limitation of Value. Because the value of personal property may be difficult or impossible to ascertain, the Occupant agrees that in no event shall the total value of all Property stored be deemed to exceed $5,000.00 unless the Owner has given permission in writing for the Occupant to store Property exceeding such value. The Occupant agrees that the maximum value of the property stored in the Space and the maximum value for any claim or suit by the Occupant, including, but not limited to, any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit is $5,000.00. Nothing in this section shall be deemed to create any liability on the part of the Owner to the Occupant for any loss or damage to the Occupant's Property regardless of cause.
  3. Termination. This Agreement shall continue from month-to-month until written notice of termination is provided by either party. The tenancy created by this Agreement may be terminated by either party giving the other party at least fourteen (14) days’ written notice of such termination. Owner may immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) if Occupant is in breach of the Agreement or in the event that Occupant creates a nuisance or is engaged in disruptive, criminal, unlawful or other Owner-prohibited behavior that threatens the safety of other occupants and/or the preservation of the Facility. Owner may also exercise immediate termination rights (including denial of vehicle gate access to the Facility and denial of access to the Space) in the event that Occupant utilizes the Space for an unlawful or criminal purpose or is found to be engaged in illegal or criminal activity at the Facility. Owner does not prorate partial month’s rent. Upon termination of this Agreement, the Occupant shall remove all Property from the Space (unless such Property is subject to the Owner’s lien rights as referenced herein) and shall deliver possession of the Space to the Owner on the day of termination. The Occupant shall not use the Facility after the Owner has delivered written notice of the termination or nonrenewal of this Agreement. If the Occupant fails to fully remove its property from the Space and Facility within the time required, the Owner may dispose of any personal property remaining at the Facility after the date provided in the written notice of termination or nonrenewal at the expense of the Occupant. This Agreement shall automatically terminate if the Occupant abandons the Space. The Occupant shall be deemed to have abandoned the Space if the Occupant has removed the contents of the Space and/or has removed the Occupant’s locking device from the Space and is not current in all obligations hereunder. Abandonment shall allow the Owner to remove all contents of the Space for disposal. Occupant hereby waives and releases any claims or actions against Owner for disposal of Property resulting from Occupant’s abandonment. Rent prepaid for any period in which the Occupant moves out early shall not be refunded.
  4. No Bailment. THE OWNER IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. THE OWNER EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE OCCUPANT'S STORED PROPERTY. ALL PROPERTY STORED WITHIN THE SPACE OR AT THE FACILITY BY ANYONE SHALL BE STORED AT THE OCCUPANT'S SOLE
RISK. The Occupant must take whatever steps Occupant deems necessary to safeguard such Property. The Owner and the Owner's employees and agents shall not be responsible or liable for any loss of or damage to any Property stored in the Space or on the Facility resulting from or arising out of the Occupant’s use of the Space or the Facility from any cause whatsoever, including but not limited to, theft, mysterious disappearance, mold, mildew, vandalism, fire, smoke, water, flood, hurricanes, rain, tornadoes, explosions, rodents, insects, malfunction of utilities, alarm or sprinkler systems, Acts of God, or the active or passive acts or omissions or negligence of the Owner, the Owner’s agents or employees. It is agreed by the Occupant that this provision is a bargained for condition of the Agreement that was used in determining the amount of Monthly Rent to be charged and without which the Owner would not have entered into this Agreement.
  1. Insurance. THE OWNER DOES NOT PROVIDE ANY TYPE OF INSURANCE WHICH WOULD PROTECT THE OCCUPANT'S PROPERTY FROM LOSS BY FIRE, THEFT, OR ANY OTHER TYPE OF CASUALTY LOSS. IT IS THE OCCUPANT'S RESPONSIBILITY TO OBTAIN SUCH INSURANCE.
The Occupant, at the Occupant's expense, shall secure his own insurance to protect himself and his Property against all perils of whatever nature for the actual cash value of the stored Property. Insurance on the Occupant's Property is a material condition of this Agreement and is for the benefit of both Occupant and Owner. 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 hereby releases Owner and Owner’s agents and employees from any and all claims for damage or loss to stored property that are caused by or result from perils that are, or would be, covered under the required insurance policy and hereby waives any and all rights of recovery against Owner and Owner’s agents and employees in connection with any damage which is or would be covered by any such insurance policy. Occupant shall make no claim whatsoever against the Owner’s insurance in the event of any loss. The Occupant agrees that its insurer may not subrogate against the Owner in the event of loss or damage of any kind or from any cause.
  1. Changes. All items of this Agreement, including but without limitation, the monthly rental rate, conditions of occupancy and other fees and charges are subject to change at the option of the Owner upon thirty (30) days’ prior written notice to the Occupant. If so changed, the Occupant may terminate this Agreement 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 Occupant does not give such notice of termination, the change shall become effective on the date stated in the Owner’s notice and shall thereafter apply to the occupancy hereunder, whether or not Occupant has agreed to the change in writing.
  2. Owner’s Lien Rights. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, FEES FOR THE LATE PAYMENT OF RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY, WITHOUT NOTICE, DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE SEVENTH CALENDAR DAY AFTER THE RENT DUE DATE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED BY THE FINANCIAL INSTITUTION ON WHICH IT IS DRAWN, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE.
(a) For purposes of Owner's lien: "personal property " means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, household items, and furnishings. "Last known address" means the street address or post office box address provided by Occupant in the latest Rental Agreement or the address provided by Occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or e-mail. (b) Owner's lien is superior to any other lien or security interest, except those which are evidenced by a certificate of title or perfected and recorded prior to the date of this Rental Agreement in Georgia, in the name of Occupant, either in the county of Occupant's "last known address" or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom Owner has knowledge through Occupant's disclosure in this Rental Agreement or through other written notice. (c) Occupant attests that the personal property in Occupant’s space(s) is free and clear of all liens and secured interests except for those liens and secured interests Occupant described herein above. Owner's lien attaches as of the date the personal property is brought to the self-service storage facility. Except as otherwise specifically provided in this Rental Agreement, the exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in Occupant. Owner does not become a bailee of Occupant's personal property by the enforcement of Owner's lien. (d) If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:
Occupant shall be notified of Owner’s intent to enforce Owner’s lien by written notice delivered in person, by verified mail or by e-mail. Owner also shall notify other parties with superior liens or security interests as defined in this Rental Agreement. A notice given pursuant to this Rental Agreement shall be presumed sent when it is deposited with the United States Postal Service or the statutory overnight delivery service properly addressed with postage or delivery fees prepaid or sent by e- mail. If Owner sends notice of a pending sale of property to Occupant’s last known e-mail address and does not receive a nonautomated response or a receipt of delivery to the e-mail address, Owner shall send notice of the sale to Occupant by verified mail to Occupant’s last known address or to the last known address of the designated agent of the Occupant before proceeding with the sale. (a) Owner's notice to Occupant shall include an itemized statement of Owner's claim showing the sum due at the time of the notice and the date when the sum became due. (b) Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, e-mail address, and telephone number of Owner or its designated agent, whom Occupant may contact to respond to this notice. (c) Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. (d) It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place.
  1. After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in the legal organ for the county where the self-service storage facility is located. The sale shall be deemed commercially reasonable if at least three
  2. independent bidders attend the sale at the time and place advertised. “Independent bidder” means a bidder who is not related to and who has no controlling interest in, or common pecuniary interest with, Owner or any other bidder. (a) The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-storage facility, and the number, if any, of the space where the personal property is located, and the name of Occupant; and the time, place, and manner of the public sale. (b) The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. (c) Regardless of whether a sale involves the property of more than one Occupant, a single advertisement may be used to advertise the disposal of property at the sale. A public sale includes offering the property on a publicly accessible website that regularly conducts online auctions of personal property. Such sale shall be considered incidental to the self-storage business and no license shall be required.
  3. If no one purchases the property at the public sale and if Owner has complied with the foregoing procedures, Owner may otherwise dispose of the property and shall notify Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-storage facility or at the nearest suitable place to where the personal property is held or stored.
  4. Before any sale or other disposition of personal property pursuant to this Agreement, Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and thereby redeem the personal property and thereafter Owner shall have no liability to any person with respect to such personal property.
  5. A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by Owner with the requirements of this Agreement.
  6. In the event of a sale, Owner may satisfy his or her lien from the proceeds of the sale. Owner shall hold the balance of the proceeds, if any, for Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the "Disposition of Unclaimed Property Act" and as it may be amended. In no event shall Owner's liability exceed the proceeds of the sale. If the Rental Agreement contains a limit on the value of property stored in Occupant’s storage space, the limit shall be deemed to be the maximum value of the property stored in that space. If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days following the maturity of the obligation to pay rent, Owner may have the property towed in lieu of foreclosing on the lien. If a motor vehicle, trailer, or watercraft is towed as authorized in this section, Owner shall not be liable for the motor vehicle, trailer, or watercraft or any damages to the motor vehicle, trailer, or watercraft once the tower takes possession of the property.
  7. Security Agreement. This Agreement shall constitute a security agreement covering the contents of the Space and a security interest shall attach thereto for the benefit of, and is hereby granted to the Owner by the Occupant to secure the payment and performance of any default by the Occupant hereunder.
  8. Occupant’s Liability. In the event of a foreclosure of the Occupant's interest in the Space, it is understood and agreed that the liability of the Occupant for the rents, charges, costs, and expenses provided for in this Agreement shall not be relinquished, diminished, or extinguished prior to payment in full. The Owner may use a collection agency thereafter to secure any remaining balance owed by the Occupant after the application of sale proceeds, if any. If any Property remains unsold after foreclosure and sale, the Owner may dispose of said Property in any manner considered appropriate by the Owner.
  9. Assignment and Subletting. The Occupant shall not assign this Agreement or sublet the Space.
  10. Waiver/Enforceability. In the event any part of this Agreement shall be held invalid or unenforceable, the remaining part of this Agreement shall remain in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by the Owner of any provision hereof shall be deemed a waiver of any of the other provisions hereof or of any subsequent default or breach by the Occupant.
  11. Attorneys’ Fees. In the event the Owner retains the services of an attorney to recover any sums due under this Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney’s fees incurred in any such action.
  12. Successors in Interest. This Agreement is binding upon the parties hereto, their heirs, successors and assigns.
  13. Governing Law. This Agreement and any actions between the parties shall be governed by the laws of the State of Georgia.
  14. Waiver of Jury Trial. The Owner and the Occupant hereby waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, at law or in equity brought by either the Owner against the Occupant or the Occupant against the Owner arising out of or in any way connected with this Agreement, the Occupant’s use or occupancy of the Space and the Facility or any claim of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation.
  15. Limited Warranty. This Agreement contains the entire agreement of the parties and no representation or agreements, oral, or otherwise, between the parties not embodied herein shall be of any force or effect (except for written addendums agreed to between the parties). No expressed or implied warranties, guarantees, or representations are given by Owner, Owner's agents or employees as to the suitability of the Space for Occupant's intended use or the nature, condition, safety, or security of the Facility, the Space, and/or the property in the Space. Owner disclaims and Occupant waives any implied warranties of suitability or fitness for a particular use. The agents and employees of the Owner are not authorized or permitted to make any warranties about the Space, the Facility, or any facilities referred to in this Agreement. The Owner’s agents’ and employees' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by the Occupant. The entire agreement and understanding of the parties hereto are embodied in this writing and NO OTHER WARRANTIES are given. Occupant acknowledges that neither Owner nor Owner’s agents or employees have made any representations or warranties, either express or implied, as to the safety of the Space, the Facility, or property stored in the Space and/or Facility, or otherwise and that neither Owner nor Owner’s agents or employees shall be required to provide any security protection to Occupant or the Occupant’s property stored in the Space and/or at the Facility. Any security which Owner maintains is for Owner’s sole use and convenience and may be discontinued by Owner at any time without liability or notice to Occupant or any other party. There shall be no liability to Owner, Owner’s employees or agents in the event alarm, video system or sprinkler system, or any components thereof, shall fail or malfunction. Any video recording devices are not monitored. The parties hereto agree that the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other warranties, express or implied, ARE EXCLUDED from this transaction and shall not apply to the Space and the Facility referred to herein. It is further understood and agreed that Occupant has been given an opportunity to inspect, and has inspected the Space and the Facility, and that Occupant accepts the Space and the Facility AS IS and WITH ALL FAULTS.
  16. Rules. The Occupant agrees to be bound by any Rules and Regulations for the Facility as may be posted by the Owner from time to time. All Rules and Regulations shall be deemed to be part of this Agreement. Failure to abide by these Rules and Regulations will constitute a breach of this Agreement in the same manner as if contained herein as covenants.
  17. Notices from Owner. All notices required by this Agreement shall be sent by first class mail postage prepaid to Occupant's last known address or to the electronic mail address provided by the Occupant in this Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law. Notification by electronic mail is an authorized means of communication. Occupant to the delivery of all correspondences and notices, including statutory notices, via e-mail. Occupant agrees that any billing statements and all other communications, including rental rate and late fee increases and lien notices may be sent to Occupant via e-mail rather than by U.S. Mail. Occupant consents to Owner sending communications (e-mails, SMS messaging/texting, social media) to Occupant at any time during the day or night that are appropriate and efficient for Owner and its electronic communications systems.
  18. Notices from Occupant. Occupant represents and warrants that the information Occupant has supplied in the Agreement is true, accurate and correct and Occupant understands that Owner is relying on Occupant’s representations. Occupant agrees to give prompt written notice to Owner of any change in Occupant’s address, any change in the liens and secured interest on Occupant’s Property. Occupant understands Occupant must personally deliver such notice to Owner or mail the notice by verified mail, with postage prepaid to Owner’s address shown above. Address changes may also be sent via e-mail to password protected Owner website or by e-mail to Owner if e-mail is acknowledged as received by Owner. Occupant’s failure to notify Owner of any change in mailing address, e-mail address, or phone number shall constitute a waiver by Occupant of any defenses based on failure to receive any notice.
  19. Occupant’s Lock. The Occupant must keep the Space locked and must provide his own lock and key which the Occupant deems sufficient to secure the Space. DOUBLE LOCKING IS PROHIBITED. If the Space is found to be double locked, Owner shall have the right to remove one of the locks at the cost of the Occupant. The Occupant assumes full responsibility for all persons who have keys and access to the Space. Occupant understands the Space may already have a lock on it placed by Owner to secure the vacant Space. Occupant is not required to use said lock, but may rent the lock for a fee of $5.00 per month. If Occupant does not intend to use the lock placed on the Space, Occupant must return the lock to the Owner within forty-eight (48) hours of executing this Agreement. If Occupant fails to return the lock within such time period, Occupant will be deemed to have rented the lock and will be charged $5.00 per month for the lock rental. A lock rental may be cancelled at any time by returning the lock to the Owner in good, clean, working condition. Occupant agrees to pay a Lock Replacement Fee of $30.00 for a lost lock or a lock returned that is not in good, clean, working condition.  Occupant understands and agrees that the rental and use of a lock from Owner does not change the Owner’s non-bailment status. Notwithstanding the use of lock rented from the Owner, Occupant maintains the care, custody and control of its stored property, the duty to secure and protect its stored property, and the risk of loss of its stored property. Owner provides no warranty for the operation of any lock provided by Owner and/or rented by Occupant from Owner. Occupant agrees and assumes the risk of possible malfunction of any lock provided by Owner and/or rented by Occupant from Owner from mechanical failure or other causes outside the control of the Owner. As such, Occupant releases Owner from any liability arising from the failure of any lock provided by Owner and/or rented by Occupant from Owner to operate as intended. Occupant disclaims all claims for liability against the Owner for consequences resulting from inadvertent locking of the Space. Owner does not warrant or guarantee that the use of a lock provided by Owner and/or rented by Occupant from Owner will prevent theft of the stored goods. In the event Occupant fails to keep a lock on the Space or Occupant’s lock is broken or damaged, Owner shall have the right, but not the obligation, to place a lock on the Space; provided, however, that in such event Owner shall have no liability to Occupant for any loss or damage whatsoever, and Occupant shall indemnify and hold Owner harmless from and against any loss, cost or expense of Owner in connection with locking the Space, including the cost of the lock. 
  20. Personal Injury. Owner and Owner's agents and employees shall not be liable whatsoever to any extent to Occupant or Occupant's invitees, family, employees, agents, or servants for any personal injury or death arising from Occupant's use of the Space or Facility from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Owner, Owner's agents, or employees.
  21. Release of Information. Occupant hereby authorizes Owner to release any information regarding Occupant and Occupant’s occupancy as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
  22. Military Service. If you or your Spouse is on active military duty status you must provide written notice to the Owner. The Owner will rely on this information to determine the applicability of the Service Members Civil Relief Act. If Occupant is a Service Member, and Occupant is transferred or deployed overseas on active duty for a period of 180 days or more, Occupant agrees to notify the Owner of the transfer or deployment. The Occupant shall provide written evidence of the transfer or deployment with the notice. Upon notice, Occupant is entitled to protections under governing law staying the enforcement of the Owner’s lien.
  23. Personal and Financial Information. Owner does not warrant or guarantee that any personal information (address, phone number, e-mail address, social security number) or financial information (credit card, bank account) will not be stolen or otherwise compromised. Occupant waives and releases any and all claims or actions against Owner for damages arising from the use of said information by others.
  24. Climate Control. Climate controlled Spaces are heated and cooled depending on outside temperature. These Spaces do not provide constant internal temperature or humidity control. Owner does not warrant or guarantee temperature or humidity ranges in the Space due to changes in outside temperature and humidity. Occupant waives any claim for loss of or damage to stored property from Owner’s failure to regulate the temperature and humidity in the storage space from any cause whatsoever, including mold or mildew, even if such damage is caused by the active or passive acts or omissions or negligence of Owner. Under certain circumstances, including, but not limited to, mechanical failure of heating and/or cooling systems, electrical blackouts and acts of God, the Space may not be heated or cooled at all. Occupant shall store their property within the Space solely at their own risk.
  25. Mold/Mildew. Mold and mildew are naturally occurring substances and it is possible to appear or grow on Occupant’s stored property. Operator does not represent that the Space is humidity controlled and does not warrant or represent that a minimum or maximum humidity will be maintained at any time during the term. Occupant understands that there is a risk of the growth of mold and/or mildew on Occupant’s stored property in any Space. Operator does not warrant the Space to be water-tight or dry. Occupant is solely responsible for preventing mold and/or mildew on Occupant’s stored property in the Space. Occupant hereby releases Operator from any liability for mold and/or mildew on Occupant’s stored property from whatever source and no matter how it occurs. Occupant shall take whatever steps necessary to protect against and prevent mold in their stored property. Occupant understands that any personal property brought into the Space that is damp or wet will likely grow mold and/or mildew. Occupant shall periodically inspect the Space and the personal property stored in the Space and take any and all actions necessary to protect Occupant’s stored property from mold and/or mildew.
  26. Vehicles. Occupant shall not park any vehicle at the Facility (or permit any other party to park any vehicle at the Facility) except in areas designated by Owner and then only during such periods necessary for the performance of and while Occupant is exercising its rights, duties and obligations hereunder. Vehicles (including, but not limited to autos, trucks, trailers, mobile homes, boats, and campers) may not be stored overnight without permission of the Owner. A charge will be levied for such overnight vehicle storage. Any vehicle stored will only be allowed in the Space allocated and referred to in this Agreement. Only one vehicle may be stored in each marked Space and only vehicles with a current license and inspection tags will be permitted unless otherwise agreed to by the Owner. In the event that any motor vehicle remains stored in the Space after termination of this Agreement or upon Occupant’s default for 60 days, and in addition to all other rights and remedies available to Owner, Owner is authorized to cause such vehicle to be removed by a person regularly engaged in the business of towing vehicles, without liability for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Occupant acknowledges that he or she has personally been given notice that the vehicle is subject to removal at the Occupant’s expense. Owner shall incur no liability to Occupant for causing the vehicle to be removed pursuant to this Section
  27. Permission to Communicate. Occupant recognizes that Owner and Occupant are entering into a business relationship as Owner and Occupant. Occupant hereby provides its express written consent to Owner (and Owner’s agents, employees, representatives, affiliates and those acting on its behalf) phoning, SMS messaging/texting, faxing, e-mailing, and using social media to communicate with Occupant with marketing, informational, account-related, and/or other business-related communications from and on behalf of Owner, its agents, employees, representatives, affiliates and others acting on its behalf. Occupant consents to Owner sending communications (e-mails, SMS messaging/texting, social media) to Occupant at any time during the day or night that are appropriate and efficient for Owner and its electronic communications systems. Occupant provides its express written consent to receiving telephone calls and messages (including SMS messaging/text messaging) from and on behalf of the Owner using prerecorded messages or artificial voice, and calls and messages delivered using automated telephone dialing system or an automatic texting system, to the phone number(s) provided in this Agreement or to any phone number subsequently provided by Occupant to Owner. Occupant also provides its express written consent to receiving autodialed calls and SMS messaging/text messages from and on behalf of the Owner at the phone number(s) provided by Occupant in this Agreement or at any other phone numbers provided by Occupant to Owner. Calls and SMS/text messages from and on behalf of Owner to Occupant may provide alerts regarding offers and promotions from the Owner, the Occupant’s account with Owner, Occupant’s tenancy in the Space, Occupant’s use of the Facility, information about the Space and/or the Facility, and/or the business relationship between Owner and Occupant. Occupant understands that text messaging and data rates may apply to any calls and/or messages received from Owner and that not all carriers are covered. Occupant understands that Occupant’s consent to receive these calls and texts is not required as a condition of entering into this Agreement or in the purchasing of any goods or services from Owner. Occupant also understands that Occupant or Owner may revoke this permission in writing at any time. Occupant agrees not to hold Owner liable for any electronic messaging or data charges or fees generated by this service. Occupant further agrees that in the event Occupant’s phone number(s) change, Occupant shall inform Owner of said change or be liable for any fees or charges incurred. Occupant may opt-out of this messaging by emailing office@simplestorageofga.com.com or reply STOP to any SMS/text message received. Occupant certifies and warrants that the phone number(s) provided in this Agreement are that of the Occupant.   
  28. Cross-Collateralization of Storage Spaces. When Occupant rents more than one Space at this Facility, the rent is secured by Occupant’s property in all the Spaces rented. A default by Occupant on any Space shall be considered a default on all Spaces rented. Owner may exercise all remedies available to it including denial of access to the Space and the Facility and sale of the stored property if all rent and other charges on all Spaces are not paid when due.
  29. Arbitration. In the event of any claim, dispute or lawsuit by Occupant against Owner (or Owner against Occupant) arising from Occupant’s rental or use of the storage space or this Agreement, the claim or lawsuit shall be submitted to binding arbitration upon the request of either party and the service of that request on the other party. The parties agree that the arbitration shall be conducted and heard by a single arbitrator to resolve the claim, dispute or lawsuit. THE ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS AND OCCUPANT AND OWNER AGREE NOT TO ACT AS A CLASS-REPRESENTATIVE OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Owner will not request to arbitrate any claim, dispute or lawsuit that Occupant brings in small claims court. However, if such a claim is transferred, removed or appealed to a different court, Owner may then choose to arbitrate. The arbitration must be brought within the time set by the applicable statute of limitations or within two years of Occupant vacating the premises, whichever occurs first. The Federal Arbitration Act (FAA) shall govern this arbitration agreement. The Arbitration shall be conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures for the Self-Storage Industry. The NAM arbitration rules and procedures may be found www.namadr.com. Occupant understands that Occupant is entitled to a judicial adjudication of disputes with the Owner with respect to this Agreement and is waiving that right. The parties are aware of the limited circumstances under which a challenge to an arbitration award may be made and agree to those limitations. Owner and Occupant stipulate and agree that they have had sufficient time and opportunity to consider the implications of their decision to arbitrate and that this addendum concerning arbitration represents a voluntary choice after due consideration of the consequences of entering into this provision. IF OWNER CHOOSES ARBITRATION, OCCUPANT SHALL NOT HAVE THE RIGHT TO LITIGATE SUCH CLAIM OR LAWSUIT IN COURT OR TO HAVE A JURY TRIAL. OCCUPANT IS ALSO GIVING UP OCCUPANT’S RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER COLLECTIVE ACTION LAWSUIT OR ARBITRATION.
  1. Exceptions to Arbitration. Both parties retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction. Both parties also retain the right to pursue any eviction, action to enforce a lien, and/or unlawful detainer remedies or defenses in any court. Owner retains the right to conduct a lien sale under appliable state law. However, any other claims, such as claims for violations of self-storage lien laws, derivative claims (including, but not limited to, claims under state or federal consumer protection statutes), conversion, negligence, breach of contract, or other violations of state or federal law, must be brought in arbitration.
  2. Access to Space and Facility Due to Emergencies/Weather. Owner reserves the right to deny access to the Space and/or the Facility to all occupants due to federal, state, or local emergencies or due to inclement weather. Owner shall incur no liability to Occupant for the denial of Occupant’s access to the Space and/or Facility due to federal, state, or local emergencies or inclement weather.
  3. Conduct. Occupant and Occupant’s guests and invitees shall behave, conduct themselves, and communicate with Owner, Owner’s employees and agents, and other occupants in a professional, businesslike manner while at the Facility. Abusive or harassing language or conduct by Occupant or Occupant’s guests or invitees is a breach of this Agreement. If any provision of this paragraph is violated, Owner shall have the right to immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) and to exercise any other remedies provided at law or in equity, including immediate removal of Occupant’s property from the Space and the Facility.
  4. Owner’s Employees. Should any of Owner's employees perform any services for Occupant at Occupant's request, such employees shall be deemed to be the agent of the Occupant, regardless of whether payment for such services is made or not, and Occupant agrees to indemnify and hold Owner harmless from all costs, expenses or liability in connection with or arising, directly or indirectly, from such services performed by employee of Owner. Notwithstanding that Owner shall not be liable for such occurrences; Occupant agrees to notify Owner immediately upon the occurrence of any injury, damage or loss suffered by the Occupant or other persons on or within the Facility.
  5. Trash/Debris/Property Left Outside Space. All of the Occupant’s refuse, garbage, rubbish, and trash shall be removed from the grounds of the Facility and at Occupant’s sole expense. Any property left outside of the Space for more than twelve (12) hours will be deemed as abandoned by Owner and Owner may sell or dispose of said property in Owner’s reasonable discretion.  In the event Owner is required to remove refuse, garbage, rubbish, and trash, or dispose of property left outside of the Space, the Occupant agrees to pay Property Removal Fee of a minimum of $50.00. The cost of removal charged by the Owner shall be considered additional rent.
  6. Moving Equipment. Owner may offer certain moving equipment (moving cart and/or hand truck) free of charge to occupants moving in or out of their Space. Should Occupant, or Occupant’s invitees, family, employees, agents, or servants, damage, destroy, lose, or steal any moving equipment, Occupant agrees to pay a Moving Equipment Fee of $75.00 for any moving cart that is damaged, destroyed, lost, or stolen and $100.00 for any hand truck that is damaged, destroyed, lost, or stolen.
  7. Electronic Signature. Occupant agrees that any reference in this Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect and enforceability as if it was made in a non-electronic form. If not signed with an original signature below and electronic signature is used, Occupant understands and agrees that Occupant is consenting to be legally bound by the terms and conditions of this Agreement as if Occupant signed this Agreement in writing. Occupant agrees that no certification authority or other third-party verification is necessary to validate their e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the e- signature or any resulting agreement between Occupant and Owner. Additionally, Occupant certifies that he/she is age 18 or above.

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