1. Introduction

The Rental Agreement is a legal and binding agreement between Owner and Renter (the Parties). XS Spaces is not party to the Rental Agreement. The Rental Agreement governs a Storage transaction. The Rental Agreement uses the same key definitions as the Terms (“Terms of Service” of XS Spaces).

Peak 10 Technologies, Inc., 2018.

2. Owner Requirements

Owner attests that:

2.1.

They own or otherwise have permission to rent the Space.

2.2.

Any and all information of the Owner listed via Site and Services is accurate and up-to-date to the best of their knowledge.

2.3.

Any and all pictures and descriptions in the Listing are accurate and up-to-date to the best of their knowledge.

2.4.

They will demonstrate good faith to remedy any inconsistencies or breaks from the aforementioned pictures and descriptions.

2.4.

They are in good standing with the Site and Services.

3. Renter Requirements

Renter attests:

3.1.

They own the Goods or otherwise have permission to transfer the Goods into Storage.

3.2.

Any and all information of the Renter listed via the Site and Services is accurate and up-to-date to the best of their knowledge.

3.3.

They are not storing any illegal or items prohibited by the Terms or by the Owner as expressed in the Listing at the time of entering the Rental Agreement.

3.4.

They will not be using the rented space for any illegal or prohibited activities.

3.4.

They are in good standing with the Site and Services.

4. Storage Location

4.1.

The Space must be at the location expressed by the Owner in one of the following ways:

4.1.1

In the Listing.

4.1.2

In writing in messages from the Owner to the Renter.

4.2.

Goods must remain at the location of the Space for the duration of the Rental Agreement except in cases expressed in the section “Moving or Disturbing Items”.

5. Rental Period

5.1.

Storage is either agreed for a defined period or an indefinite period.

5.2.

If a defined period has been agreed to, Storage will commence on the start date of the Reservation and will continue until the rental period end date of the Reservation.

5.3.

If a defined period has been agreed to and either Owner or Renter wishes to extend the rental agreement beyond the agreed upon rental period end date, this must be communicated to the other Party in writing, at least twenty-four (24) hours in advance of the scheduled rental period end date. The other Party is expected to act in good faith to accommodate the request but is not obligated to accept the later end date. If no agreement can be made, the original rental period end date remains in effect. The Party that initiated the end date change must communicate in writing to XS Spaces the updated rental period.

5.4.

If a defined period has been agreed to and Renter wishes to remove the Goods and terminate the rental prior to the rental period end date, this must be communicated to the Owner in writing, at least twenty-four (24) hours in advance of removing the Goods. If the Owner cannot respond in time or cannot facilitate removal of the Goods at the requested time, both Parties are expected to act in good faith to agree upon a date that accommodates both Parties. If no agreement can be made, the original rental period end date remains in effect. The Renter must communicate in writing to XS Spaces the updated rental period. The Renter will forfeit any fees already paid.

5.5.

If a defined period has been agreed to the Renter may remove the Goods at any time that they have access to the Goods (see “Access to Goods”), but no later than the rental period end date.

5.6.

If a defined period has been agreed to and the Owner wishes to terminate the rental prior to the rental period end date, this must be communicated to the Renter, who is in good standing, in writing, at least two (2) weeks in advance of the proposed updated rental period end date. Both Parties are expected to act in good faith to agree upon a date that accommodates both Parties. If no agreement can be made, the original rental period end date remains in effect. If a defined period has been agreed to the Owner will also be charged an Inconvenience Fee, as listed in a separate fee schedule. The Owner must communicate in writing to XS Spaces the updated rental period.

5.7.

If an indefinite period has been agreed to (i.e. month-to-month agreement), Storage will commence on the start date of the Reservation and will continue until either 1) the Renter claims the Goods, or 2) the Owner cancels the rental period.

5.8.

If an indefinite period has been agreed to, Owner is allowed to cancel Storage with no less than two (2) weeks notice to the Renter of the intended rental period end date. This will then be considered the agreed upon rental period end date. The intended rental period end date must be communicated in writing to XS Spaces and to the Renter.

5.9.

If an indefinite period has been agreed to, the Renter may remove Items at any time but no later than an end date set by the Owner, provided it is communicated in writing to XS Spaces and to the Renter two (2) weeks in advance.

5.10.

If either Owner or Renter wishes to schedule a new start date, this must be communicated to the other Party in writing, at least twenty-four (24) hours in advance of the scheduled start date. If either Party cannot respond in time or cannot facilitate the new requested start date, both Parties are expected to act in good faith to agree upon a date that accommodates both Parties. If no agreement can be made, the original start date remains in effect. The Party that initiated the start date change must communicate in writing to XS Spaces the updated rental period.

5.11.

If the Owner wishes to terminate the rental prior to the rental period end but fails to give the Renter, who is in good standing, two (2) weeks advance notice in writing, the Owner will be enacting a “no-cause eviction” and is applicable to the description of the “eviction” event below.

6. Storage Payment

6.1.

Renter agrees to pay the daily rate as shown in the Listing in exchange for Storage.

6.2.

If a defined period has been agreed to the agreed upon daily rate cannot be changed prior to the rental period end date of the Reservation.

6.3.

If an indefinite period has been agreed to, the daily rate may be changed one (1) year after the start of the Reservation. The change in daily rate must be communicated in writing to XS Spaces and to the Renter at least thirty (30) days prior to the change to take effect.

6.4.

Payment of one week of the rental period will be collected at the start of every week, with the exception of payment for the first week of the rental period which is collected at the time the Renter submits the Reservation.

6.5.

Unless the starting date has been rescheduled and agreed to by both the Owner and the Renter and communicated in writing to XS Spaces, storage fees will be collected regardless if Renter has moved Goods into the Space.

6.6.

All payments are collected by XS Spaces.

7. Access to Goods

7.1.

The access to Goods in Storage in their Space is at the discretion of the Owner and may be defined as “24/7 Access” or “By Appointment”.

7.2.

24/7 Access

7.2.1.

The Owner agrees to providing the Renter access to Goods in Storage in their Space twenty-four (24) hours a day, seven (7) days a week (i.e. 24/7).

7.2.2.

If the Owner cannot, for a period of time, facilitate 24/7 Access, they must inform the Renter in writing at least twenty-four (24) hours in advance except in cases of emergency or other extreme mitigating circumstances per the Owner’s discretion.

7.3.

By Appointment

7.3.1.

The Owner agrees to providing the Renter access at an appointed time requested by and agreed to by both Parties.

7.3.2.

Appointment requests must be made by the Renter to the Owner in writing.

7.3.3.

Appointments must be made at least twenty-four (24) hours in advance otherwise the Owner is not expected to respond.

7.3.4.

If the Owner does not respond to or confirm an appointment, then it is considered that the appointment was declined by the Owner.

7.3.5.

Renters must not appear at the location of the Space without a confirmed appointment, i.e. unannounced.

7.3.6.

Owners must make good faith attempts to facilitate appointments for access made longer than twenty-four (24) hours in advance.

7.3.7.

If a Owner or Renter needs to cancel or reschedule an appointment, the need to cancel or reschedule must be provided to the other Party in writing. Both Parties are expected to act in good faith to find a new appointment date that is agreeable to both Parties.

7.4.

The Renter may not access any part of the Owner’s property except for the Space designated by the Owner for Storage and accessing the Goods, without the express permission of the Owner.

8. Ownership of Items

8.1.

The Renter maintains complete ownership of Goods in Storage in the Space of the Owner.

9. Moving and Transportation

9.1.

The Renter is responsible for physically moving and handling all Goods during move-in and move-out of the Space. The Owner is not expected to handle or move the Goods in any way.

10. Notice of Attachment

10.1.

Owner agrees to notify Renter promptly in writing if Owner receives any notice of attachment, levy, or similar notice.

11. Care During Storage

11.1.

The Owner agrees to exercise reasonable care to protect the Items from loss, theft, or damage.

11.2.

Both Parties have the right to record the state of Goods in Storage at the start of the rental period.

11.3.

Both Parties agree that the Owner is not liable for loss, theft, or damage to Goods while in the Owner’s care. The Owner agrees that the exception to this is cases where the loss, theft, or damage was caused by the Owner’s negligent, reckless, or intentional act. The amount liable for will be determined by XS Spaces.

11.4.

The Renter agrees to be liable for damage to Goods or the Space caused by inherent or defective condition of the Items or negligent, reckless, or intentionally destructive acts including the violation of the Terms and additional Owner rules, performed by the Renter on the Space. The amount liable for will be determined by XS Spaces.

11.5.

The Renter agrees that it is their responsibility to provide insurance on the Goods whether that is through their standard homeowners insurance or renters insurance or some other supplemental insurance plan.

11.6.

Both Parties agree that XS Spaces is not liable for any damage, theft, or loss in any way whatsoever.

12. Disturbing Goods

12.1.

The Owner may not use, move, open, or otherwise disturb the Goods without the Renter’s explicit written consent.

12.2.

The Owner must request explicit written consent from the Space Renter at least twenty-four (24) hours before disturbing the Renter’s Goods. Failure of the Renter to respond to the request will be considered a denial of permission.

12.3.

The Owner may move or otherwise disturb the Goods without the Renter’s explicit written consent in cases of emergency, immediate danger to persons or the Goods, or other extreme mitigating circumstances per the Owner’s discretion in which receiving explicit written consent from the Renter is impractical or impossible. If such cases arise, the Owner is expected to act in good faith to preserve within reason the integrity and not damage the Goods, return them to their original location (if possible) or one of equal security, after the fact, and notify the Renter as soon as possible about the event and disturbances.

13. Cleaning

13.1.

When moving Goods out of the Space, the Renter must remove all contents and debris. Renter must leave the Space in good “broom clean” condition. Failure to do so can result in the application of a cleaning fee as listed in a separate fee schedule.

13.2.

To file a cleaning claim, Owners must submit to XS Spaces pre-rental and post-rental photos within twenty-four (24) hours after the Renter moves Goods out of the Space. The pre-rental photos must have been taken no more than twenty-four (24) hours before the scheduled rental period start date. The post-rental photos must have been taken no later than 24 hours after the scheduled rental period end date. Once XS Spaces has reviewed the photos, XS Spaces will determine the amount to be paid to the Owner by the Renter based on the cleaning level at XS Spaces’ reasonable and sole discretion.

13.3.

Cleaning claims must be submitted in writing with photos to XS Spaces.

14. Move-In

14.1.

The Owner of the Space must make the Space available for the Renter to move their Goods into Storage on the rental period start date.

14.2.

If the Owner cannot make the Space available at that date, the Owner and Renter are expected to act in good faith to schedule move-in on a date that is accommodating to both Parties. If no agreement can be met, the original rental period start date remains in effect.

14.3.

If the Owner fails to make the Space available for forty-eight (48) hours from the agreed upon rental period start date, the reservation will be considered cancelled and the Owner will be charged an Inconvenience Fee, as listed in a separate fee schedule.

14.4.

If the Renter fails to move into the Space after forty-eight (48) hours from the agreed upon rental period start date, the Owner may choose to terminate the rental period with no penalty, at their discretion. The Renter will forfeit all fees they have paid up until the cancellation.

15. Move-Out

15.1.

The Owner of the Space must make the Space available for the Renter to retrieve their Goods on the rental period end date, whether this date was pre-determined in the Reservation or set in a cancellation.

15.2.

If the Owner cannot make the Space available at that date, the Owner and Renter are expected to act in good faith to schedule removal on a date that is accommodating to both Parties.

15.3.

If the Owner must schedule the removal after the rental period end date, the Renter is not expected to pay any fees for the additional time rented due to the delay in Space availability by the Owner.

15.4.

If the Renter fails to reclaim the property on or before the rental period end date, the Owner may exercise the following options:

15.4.1.

The Owner may continue to keep the Goods in Storage for the same daily rate until the Renter is able to retrieve their Goods.

15.4.2.

Hold the Renter in ‘default’ per description in the section “Renter Default”.

16. Eviction

16.1.

With Cause: An Owner may request the removal of the Renter’s Goods from their owned Space (i.e. evict the Renter) at any time in cases of Renter “default” (per description in the section “Renter Default”) or has violated the Rental Agreement or Terms in any way. This will be considered an “eviction with cause.” The Owner will not be charged any penalty fees and the Renter will forfeit all charges paid. An “eviction with cause” is subject to the ‘Owner’s Remedy’ section below.

16.2.

No Cause: An Owner may request the removal of the Renter’s Goods from their owned Space (i.e. evict the Renter), prior to the agreed upon rental period end date, even if the Renter is not in ‘default’ and has not violated the Rental Agreement or Terms in any way (i.e. a renter in ‘good standing’). If this is the case and the Owner gives the Renter less than two (2) weeks notice, this will be considered a “no-cause eviction.” The Owner will be charged an eviction fee equivalent to six (6) weeks of the listed rate of the Owner’s Space.

17. Breach of Terms

17.1.

The Owner reserves the right upon breach of the Terms or Owner’s reasonable suspicion thereof, to set an immediate rental period end date at no penalty and to ask Renter to remove Goods from the Space. Owner shall provide reasonable notice and opportunity for Renter to cure such breach or otherwise remove Goods. If Renter does not remove the Goods upon reasonable notice and opportunity to cure, Renter will be found in ‘default’ per description in the section “Renter Default”.

17.2.

Any Party found in breach of terms will be subject to a fee for breach of Terms, as listed in a separate fee schedule.

18. Renter Default

18.1.

A Renter will be considered in ‘default’ under the following circumstances.

18.1.1.

The Renter has failed to pay any fees when due, at the sole determination by XS Spaces.

18.1.2.

The Renter has failed to vacate the Space by the agreed upon rental period end date.

18.1.3.

The Renter has failed to comply with any provision of the Terms, the Rental Agreement, or any supplemental rules provided by the Owner.

18.1.4.

The Renter has violated health, safety or criminal laws on the Owner’s property, regardless of whether arrest or conviction has occurred.

18.2.

If a Renter is considered to be in ‘default’ they can be subject to a “no-cause eviction.”

19. Owner’s Remedy

19.1.

If Renter is in ‘default’ and subject to a “no-cause eviction,” the Owner may exercise one or more of the following remedies.

19.1.1.

Deny Renter access to the Space or Renter’s property until default is cured including all additional fees accrued while the Goods were in the Owner’s possession.

19.1.2.

Contact XS Spaces for support with eviction, at which point XS Spaces will arrange for the transfer of Goods into the care of XS Spaces. The Goods will then no longer be under the care of the Owner. XS Spaces will hold the Goods and may exercise all of the same options described in this section until the lien is considered satisfied. XS Spaces may enforce lien by seizure and sale of all Goods by nonjudicial foreclosure under the Owner’s local and state codes. Seizure and sale will only be for default in paying sums due. XS Spaces may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.

20. Disputes

20.1.

Both Parties agree to handle disputes as highlighted in the section “Arbitration” of the Terms.

Last Updated Date: October 4 2018