Terms & Conditions

Cache Storage, Inc. (“Cache”) hereby agrees to arrange for Occupant to store Occupant’s property (“Stored Items”) in fractional storage with an owner of a storage space (“Owner”) pursuant to the following terms and conditions:

 

1. TERM: The term of the storage shall commence on the date indicated above and shall continue until terminated on a month-to-month basis. The minimum rental term is one month.

2. FEES: The monthly fees for fractional storage (“Fees”) shall be the amount stated above and paid to Cache online on the Cache website via Stripe (or another payment processor), or any mobile application or other interface authorized in writing by Cache for payment (collectively, “Site”). Fees are due on the first of each month. Cache reserves the right to require that fees be paid in cash or the Site. Cache may change the Fees or other charges by giving Occupant fifteen (15) days advanced written notice by first-class mail or by email at the postal address or email address provided by Occupant. The new Fees shall become effective on the next date Fees are due. If Occupant has made advanced payments of Fees before they are due, the new Fees will be charged against such payments, effective upon giving notice of the new Fees.

3. PARTIAL PAYMENTS: Cache, at Cache’s sole discretion, may accept or reject partial payments of Fees. Acceptance of partial payments of Fees by Cache shall not constitute a waiver of Cache’s rights. Occupant understands and agrees that acceptance of partial payment of Fees shall not delay or stop foreclosure on Stored Items as provided by applicable law.

4. CHANGE OF ADDRESS: Occupant must provide address changes to Cache in writing, via the Account section of the Site, or by email to [EMAIL ADDRESS]. Such change will become effective when received by Cache. It is the responsibility of the Occupant to verify that Cache has received and recorded the requested change of address.

5. [SECURITY DEPOSIT: Occupant will pay in advance a security deposit in the amount stated above to secure Occupant’s faithful performance of all terms of this rental agreement. Occupant agrees that Cache need not segregate this deposit from other funds and that no interest will be due for the period during which the deposit is held. This deposit, less all expenses incurred by Cache or the Owner for damage to or cleaning of the storage space, shall be returned to Occupant within 15 days after Occupant removes all Stored Items from the storage space. At Cache’s sole option, amounts may be withheld from the security deposit to compensate Cache for rent or any other charges due and unpaid under this agreement at the time Occupant relinquishes, abandons, or otherwise loses possession of the storage space. Cache reserves the right to require an additional security deposit when deemed necessary in Cache’s sole discretion.]

6. LATE FEES AND OTHER CHARGES: Occupant agrees to pay Cache the indicated late fee if Fees are received ten (10) or more days after the due date. Occupant will pay Cache the indicated fee for each email sent to Occupant, notifying Occupant of the default. Occupant agrees to pay Cache the stated “Failed Charge” Fee plus all bank charges for any bounced payments. The fees described in this “Late Fees and Other Charges” are considered additional to the Fees and are to compensate Cache for costs of operations and collection. In the event of default, Occupant agrees to pay all collection and lien costs incurred by Cache or the Owner.

7. CROSS COLLATERALIZATION OF SPACES: When Occupant stores more than one box or item, each a Stored Item, at an Owner facility, the Fees are secured by all Stored Items. Failure by Occupant to pay Fees for any Stored Item shall be considered a default on all spaces rented. Cache or Owner may exercise all available remedies, including but not limited to denial of access to the facility and sale of the Stored Items, if Occupant does not pay all Fees due on all Stored Items.

8. ACCESS: Occupant will only have access to the space during office hours and must first check-in at the office prior to entry into the facility.

9. TERMINATION: Thirty (30) days advanced written notice given by Cache or Occupant to the other party will terminate the fractional storage arrangement with respect to the specified space where the Stored Items are located. Cache does not prorate Fees; only full months’ prepaid Fees shall be returned to Occupant within fifteen (15) days of the Stored Items being removed from the premises. If the Stored Items caused damage or any other change in condition to the premises while in storage, Occupant will be responsible for all clean up and maintenance costs to return the premises to their original condition before the fractional storage arrangement with Occupant. Occupant is responsible for all damages

10. USE OF FRACTIONAL STORAGE SPACE: Occupant agrees to use the fractional storage space only for the storage of Stored Items wholly owned by Occupant. Occupant shall not store food, liquids, fluids, or any perishable items in the space. Occupant agrees not to store collectibles, heirlooms, jewelry, works of art or any property having special or sentimental value to Occupant. Occupant waives any claim for emotional or sentimental attachment to the stored property. There shall be no residential occupancy of the space. Violation of these prohibitions shall be grounds for immediate termination of your fractional storage arrangement.

11. HAZARDOUS OR TOXIC MATERIALS PROHIBITED: Occupant is strictly prohibited from storing or using materials in the storage space or on the facility classified as hazardous, toxic, or illicit under any local, state or federal law or regulation, including illegal drugs or paraphernalia, and from engaging in any activity, which produces such materials. Occupant’s obligation of indemnity as set forth below specifically includes any costs, expenses, fines, or penalties imposed against Cache, Cache’s affiliates, agents, and employees (“Cache Parties”) or any Owner, Owner’s affiliates, agents, and employees (“Owner Parties”), arising out of the storage or use of any hazardous, toxic, or illicit material by Occupant, Occupant’s agents, employees, invitees, or guests. Cache and Owner may enter the premises at any time to remove and dispose of prohibited items and Occupant agrees that, in that case, any damage to other Stored Items will not be the responsibility of Cache and Owner and Occupant waives any and all claim to remuneration for any such damage.

12. INSURANCE: Occupant, at Occupant’s expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism, and malicious mischief insurance for the actual cash value of all Stored Items. Insurance on Stored Items is a material condition of this agreement and is for the benefit of Occupant, Cache, and Owner. Failure to carry the required insurance is a breach of this agreement and Occupant assumes all risk of loss to Stored Items that would be covered by such insurance. Occupant expressly agrees that the insurance company providing such insurance shall not be subrogated to any claim of Occupant against Owner Parties or Cache Parties for loss of or damage to Stored Items.

13. RELEASE OF CACHE’S AND OWNER’S LIABILITY FOR PROPERTY DAMAGE: All Stored Items shall be stored at the premises at Occupant’s sole risk. Cache Parties and Owner Parties shall not be liable for any loss of or damage to any Stored Items arising from any cause whatsoever including, but not limited to, burglary, mysterious disappearance, fire, water damage, rodents, Acts of God, the active or passive acts or omissions or negligence of any of the Cache Parties or Owner Parties.

14. RELEASE OF CACHE’S OWNER’S LIABILITY FOR BODILY INJURY: Cache Parties and Owner Parties shall not be liable to Occupant for injury or death as a result of Occupant’s use of the premises for storing the Stored Items, even if such injury is caused by the active or passive acts or omissions or negligence of any of the Cache Parties or Owner Parties.

 

With respect to all releases set forth in this Agreement, Occupant acknowledges and agrees to the following: 

 

CA CIV CODE SEC 1542 WAIVER: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

1. INDEMNITY: Occupant agrees to indemnify, hold harmless and defend the Cache Parties and Owner Parties from all claims, demands, actions, or causes of action (including attorneys’ fees and all costs) that are hereinafter brought by others arising out of Occupant’s use of the storage space and common areas, including claims for active negligence.

2. TIME TO MAKE CLAIM: Occupant must bring any claim that arises out of this Agreement for loss of or damage to Stored Items within twelve (12) months of the date of the acts, omissions that gave rise to such claim or suit or twelve (12) months after the termination of this Agreement, whichever occurs first.

3. DISPUTE RESOLUTION: Any controversy or claim relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on a resulting award may be entered in any court having jurisdiction. This arbitration clause does not apply to a forcible detainer action brought by Cache or Owner against the Occupant. 

4. OCCUPANT HEREBY WAIVES, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. The foregoing waiver is referred to herein as the “class action waiver”. Occupant agrees that no arbitrator shall have authority to conduct any arbitration in violation of the class action waiver or to issue any relief that applies to any person or entity other than Cache and Occupant individually. The parties acknowledge that this class action waiver is material and essential to the arbitration of any claims and is non-severable from this Dispute Resolution section. If the class action waiver is voided, found unenforceable, or limited with respect to any claim for which Occupant seeks class-wide relief, then this Dispute Resolution section (except for this sentence) shall be null and void with respect to such claim, subject to the right to appeal the limitation or invalidation of the class action waiver. However, this Dispute Resolution section shall remain valid with respect to all other claims and disputes. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

5. The arbitration shall be conducted in San Francisco County. Occupant shall initiate arbitration within 12 months after the event(s) giving rise to it. The parties waive any right to punitive damages, and they shall not be recoverable in arbitration. Cache or Owner may deny access to the premises by Occupant pending the outcome of any judicial proceeding respecting rights to the Stored Items. Occupant shall indemnify Cache for any litigation expenses, including reasonable attorneys' fees, incurred in defending or otherwise appearing in or responding to any legal action involving a third-party arising out of or related to Occupant's storage of the Stored Items pursuant to this Agreement.

6. RULES AND REGULATIONS: Cache shall have the right to establish or change the hours of operation for the premises and to promulgate rules and regulations for the safety, care and cleanliness of the premises or the preservation of good order on the premises. Occupant agrees to follow all rules and regulations now in effect, or that may be put into effect from time to time.

7. PROPERTY LEFT ON THE PREMISES: Cache may dispose of any property left or abandoned on the premises by Occupant after Occupant has terminated the Agreement. Occupant shall be responsible for paying all costs incurred by Cache Parties in disposing of such property.

8. STORAGE CLIMATE: Cache does not warrant or guarantee temperature or humidity ranges inside the premises due to changes in outside temperature or humidity.

9. OCCUPANT ACCESS: Occupant’s access to the storage facility may be conditioned in any manner deemed reasonably necessary by Cache for any reason, including but not limited to administrative convenience or to maintain order. Such measures may include but are not limited to, limiting hours of operation or requiring verification of Occupant’s identity.

10. CACHE’S AND OWNER’S RIGHT TO ENTER: Occupant grants Cache Parties, Owner Parties, and representatives of any governmental authority, including police and fire officials, access to inspect the contents of Stored Items with three (3) days written notice to Occupant. In the event of an emergency, Cache Parties, Owner Parties, or representatives of governmental authority shall have the right to enter the premises without notice to Occupant, and take such action as may be necessary or appropriate to protect the premises and surrounding areas, to comply with applicable law or enforce Cache’s and Owner’s rights. The Stored Items may be subject to inspection for maintenance and safety purposes, or as required by law, and Cache will notify Occupant a minimum of three (3) days in advance of such an inspection. At no time will inspectors be inside an occupied until without a Cache or Owner representative physically present.

11. NOTICES: All notices required by this Agreement shall be sent by first class mail postage prepaid to Occupant’s last known mailing address or by email to the email address provided by the Occupant. Notices shall be deemed given when deposited in the United States mail or sent to the electronic mail address provided by Occupant. Occupant agrees that mailed notice is conclusively presumed to have been received by Occupant five (5) days after mailing unless returned to Cache by the U.S. Postal Service and that electronic mail notices shall be deemed delivered upon sending unless Cache receives notice of non-delivery within 48 hours of sending the notice. All statutory notices shall be sent as required by law.

12. NO SUBLETTING: Occupant shall not assign its rights under this Agreement to store Stored Items with Cache without Cache’s written consent. Cache may terminate the Agreement immediately and without penalty to Cache or Owner upon any attempted or actual assignment of its storage rights to a third party other than Occupant.

13. MILITARY SERVICE: If Occupant or Occupant’s spouse is in the military service Occupant must provide written notice of such information to Cache before entering into this Agreement. Cache will rely on this information to determine the Occupant’s rights pursuant to the Servicemembers Civil Relief Act.

14. COMMUNICATION: Occupant understands that Cache, Owner, and Occupant are entering into a business relationship. Occupant agrees to keep at least one valid and working phone number and email address that is actively monitored by Occupant on file with Cache at all times for the purposes of contact by Cache Parties or Owner Parties. Occupant authorizes and consents to Cache contacting Occupant at Occupant’s residence, cell phone and email by automated telephone calls, texts or emails. Such automated calls or messages may be used for conveying important facility information, marketing, or collection purposes. Occupant further agrees to such communications being recorded for quality, training, safety, and customer management purposes.

15. NO WARRANTIES: No expressed or implied warranties are given by Cache Parties and Owner Parties as to the suitability of the premises for Occupant’s intended use. Cache and Owner disclaim and Occupant waives any implied warranties of suitability or fitness for a particular use.

16. NO ORAL AGREEMENTS: This rental agreement contains the entire agreement between Cache and Occupant (with Owner as an express third party beneficiary, to the extent specified by this Agreement), and no oral agreements shall be of any effect whatsoever. Occupant acknowledges that no representations or warranties have been made with respect to the safety, security or suitability of the premises for the storage of Stored Items and that Occupant has voluntarily and knowingly entered into this Agreement. Occupant understands and agrees that this Agreement may be modified only in writing, signed by both parties. Any amendment to this agreement may be done electronically and via separate countersignatures.

17. SUCCESSION: All provisions of this Agreement shall apply to and be binding upon all successors in interest, assigns or representatives of the parties hereto.

18. ENFORCEMENT: If any part of this Agreement is held to be unenforceable for any reason, in any circumstance, the parties agree that such part shall be enforceable in other circumstances, and that all the remaining parts of this Agreement will be valid and enforceable.

19. STORAGE SIZE APPROXIMATE: Storage sizes are approximate and for comparison purposes only. Available storage space may be smaller than indicated in advertising or other size indicators.

 

Do not sign this agreement until you have read it, including the provision on the other side, and fully understand it. This agreement limits Cache’s and Owner’s liability for loss of or damage to Stored Items. If you have any questions concerning its legal effect, consult your legal advisor.

 

Occupant Signature (acceptable electronically by checking a “read” box when purchasing services from Cache)