MONTHLY PARKING (hereinafter also referred to as “Licensing Agreement”) TERMS & CONDITIONS

 

This License Agreement (this “Agreement” or this “License Agreement”) is made and effective as of the Start Date (“Commencement Date”) by and between Southern Park a Truck, LLC (“Licensor”) and you as an Individual Person, your company, and/or the person signed on this Agreement as its Authorized Agent (hereinafter referred to individually as a “Licensee” and collectively as the “Licensees”).

 

This Agreement does not constitute a bailment arrangement between the parties. ALL SALES ARE FINAL: We may approve refunds under certain “limited conditions” and if specified under the “Cancellation Policy” below. It is up to Licensor’s discretion to approve or deny any refund, as “ALL SALES ARE FINAL”.  This Agreement is merely a license to use the premises for the limited purposes set forth herein and no right, title, estate or interest in or to the premises is granted to or vested in or intended to be granted to or vested in the Licensee by virtue of this Agreement.  The Licensee acknowledges that all use of the premises by Licensee shall be pursuant to this Agreement and that the Licensee shall not by such use acquire any rights in or to the premises by prescription, adverse possession or otherwise.  Licensor shall have the right of access to the premises during all business hours, at any time in the event of an emergency, and at such other times as Licensor may reasonably request for the purpose of inspecting the condition thereof from time-to-time throughout the Term of this Agreement.  The parties acknowledge the premises are not open to the general public. Access is restricted to Licensees, their agents, employees, drivers and invited visitors. The Licensor and its agents retain right at all times to enter the premises, as Licensor deems necessary or desirable.

 

REFUND POLICY: All services rendered by Licensor are provided on a non-refundable basis. In addition, if your account is canceled by Licensor for violation of this Agreement or the attached Acceptable Use Policy, all payments made to Licensor become completely nonrefundable. Licensee agrees not to charge back any credit card payments for services rendered. If a customer files a charge back or other payment dispute, they will be considered to be in violation of this Agreement and may be subject to collection action.

 

PAYMENT: The Licensee (hereinafter also referred to as “Driver”, “You”, “Customer”) is reserving the parking space on the property and must completely fill out the Monthly Parking Agreement Form. We require first and last month payments. The “Last Month Payment” will be applied to your last month invoice. Licensor does NOT prorate the monthly parking license payment based on the number of days parked. It is the Licensee’s responsibility to cancel the Licensing Agreement no later than 30 days prior to the Licensee next billing cycle (Please refer to our “CANCELLATION POLICY” below).

 

Licensor will process all payments on time according to this Agreement. All payments will be made in accordance with the use of prepaid authorized credit cards. If the Driver has paid the full amount for the booking to Licensor at the time the booking is made, then no further payments are due to the Licensee until the payment is due again 7 days prior to the next billing cycle. The Licensee accepts that payment of the fees for the parking and storage space are final, and once the payment is made there will be no refunds, rebates, or price reductions. Prices are subject to change without prior notice, and any change in pricing will be reflected on the website, and subsequent monthly billings. To begin your contract, Driver must pay a first month rent, last month rent (First Month Rent + Last Month Rent = Total Amount Due at Signing). You must cancel your Monthly Parking 30 days prior to your next billing cycle, otherwise you will be charged on your billing cycle day and will not be refunded. If you cancel 30 days in advance, you will not be charged for your last month and your last month payment made on inception will be applied to your last month parking.

 

ILLEGAL PARKING: No person shall park or stand an occupied or unoccupied vehicle in or repeatedly drive a vehicle through or within Southern Park a Truck, LLC privately owned and/or operated property unless authorized to do so by contract. “Illegal Parking” means parking on our property without paying or parking for longer than the paid time, or is an Unidentifiable Vehicle, properly and conspicuously displaying a valid Southern Park A Truck LLC parking permit or parking ID for the lot/location in which you are permitted to park. Also, It is prohibited to park any vehicle on our property which displays it “For Sale”, such vehicle will be considered “Illegally Parked”. You also agree to waive any additional notice of violations and agree that violations of the Terms and Conditions of this Licensing Agreement will result in your vehicle being impounded, booted, or towed at your own expense.

 

If it is determined by Licensor’s management that the Licensee is in violation of the Licensor’s policies, or the Licensees are no longer welcome on the property for any reason, or for no reason at all, Licensor shall have the right to terminate this Agreement effective immediately by requesting the Licensee to leave the property. If the Licensee doesn’t comply with Licensor’s request to leave the premises, Licensee will be considered “Illegally Parked”.

 

Illegal parking will result in your vehicle being removed from our property and impounded, and/or booted at your expense, with a maximum Rate Tariff prescribed (set) by law for towing and storage of trespassing vehicles. “Non-consensual” towing is the same as “private property trespass” towing.

 

CREDIT CARD RECURRING PAYMENT: For your convenience, in order to ensure that your account is current, and that you will not lose your parking/storage privileges, you authorize Licensor to charge the credit or debit card you authorized below in this Monthly Parking Agreement. You understand that this authorization will remain in effect until you cancel it by filling out and submitting a new Credit Card Payment and Information Update Form OR Cancellation Form, as outlined in the Cancellation Policy section below. You agree to notify Licensor by filling out the forms referenced in this section of any changes in your account information or termination of this authorization at least 30 days prior to the next billing date. You certify that you are an authorized user of this credit/debit card, that after canceling a payment you’re still required to pay Licensor for the services in accordance with the Terms and Conditions in this Agreement. Should the credit card PAYMENT be declined for any reason, Licensor will contact you, the Licensee, by phone, text and/or email, to notify you of the declined charge, and will continue to resubmit the credit card on file for payment until the balance is paid in full. If we are not able to charge the credit card approved by you for payment as noted above for the full amount due, you authorize Licensor to split the total amount due across multiple debit transactions to the credit card(s) on file equaling the total amount due. Additionally, you agree that you will not dispute any payments with your credit card company, provided the transactions correspond to the terms indicated in this Agreement.

 

CANCELLATION POLICY: Drivers MUST cancel parking by going on our website and filling out the CANCELLATION Form no later than 30 days prior to the Licensee’s next billing cycle. We do not accept verbal cancellations, email cancellations and/or phone cancellations. Customers MUST fill out and submit a CANCELLATION Form on our website. The last 30 days of parking will be paid by applying the last months’ deposit payment made by the Licensee upon signing and submitting this “Licensing Agreement”. Licensor has the right to void this contract without prior notice for any reason. In the event the Driver/Licensee defaults or fails to comply with any term or condition of this Agreement, Driver/Licensee will pay all costs of enforcement incurred by Licensor, including reasonable attorney’s fees.

 

INSURANCE, REGISTRATION, LICENSES, CREDIT CARD: Driver / Licensee’s liability insurance must be current and a copy of the insurance card or policy, driver’s license, credit card and the Credit Card form must accompany this parking Licensing Agreement. The vehicle(s) to be parked in said parking space owned and operated by the Driver / Licensee shall have current registration and insurance.  Licensee will not conduct or permit to be conducted any activity, or place any fixtures or equipment in or about the premises, which will in any way increase the rate of fire insurance or other insurance on the premises.  If any increase in rate of fire insurance or other insurance is stated by any insurance company or by the applicable Insurance Rating Bureau to be due to activity or equipment of Licensee in or about the premises, such statement shall be conclusive evidence that such increase and such rate is due to such activity or equipment and, as a result thereof, Licensee shall be liable for such increase.

 

DISCLAIMER OF WARRANTY: Licensor and Licensee each agree that the parking space is being leased “as is” and that Licensor hereby expressly disclaims any and all warranties of quality, whether express or implied, including but not limited the warranties of merchantability and fitness for a particular purpose.

 

HOLD HARMLESS / INDEMNIFICATION: All risks are the responsibility of the Driver/Licensee, including but not limited to natural causes, acts of nature, theft, vandalism, fire, flood, accidental damage, motorist damage, wind, rain, hurricane, earthquake, volcanic, structural damage, tree damage, terrorism, or any other possible damage or loss. All losses are the sole responsibility of the Driver/Licensee. Driver / Licensee assumes all the risks of parking on the property. All losses of any kind, theft vandalism, damages, acts of terrorism, acts of nature, weather, floods, or any loss is the sole responsibility of the Driver / License. Driver / Licensee is parking its vehicle on the property listed above at its own risk. Driver / Licensee shall indemnify, and hold harmless Licensor, its officers, officials, affiliates, employees, agents, representatives and volunteers from and against any and all claims, proceedings, suits, actions, damages or liabilities, including attorneys’ fees and costs,  arising from or connected with Driver/Licensee possession and use of the rental space and premises, including, but not limited to, those for injury or death of any person, or for loss or damage to property, which arises out of Driver / Licensee’s use of the premises, or from the conduct of Driver / Licensee ’s business, actions, vehicles, or from any activity, work or thing done, permitted, or suffered by any of the Driver / Licensee ‘s actions.

 

MAINTENANCE ON PROPERTY: No repairs of any kind are allowed on any of our property. No tire repairs, replacements, no minor repairs such as oil changes, minor or major repairs at any time are permitted. Any person or maintenance company doing work on a vehicle on our property will be asked to leave immediately with all your vehicles.

 

DAMAGES: The Driver/Licensee is responsible for any damage done to the Licensor’s property, including, but not limited to, any buildings, fencing, gates, concrete or pavement. Driver/Licensee must use caution when driving and parking and must use parking brakes when parked.

 

RESTRICTED VEHICLES & LOADS: Drivers are not allowed to carry hazardous material, medical waste, radioactive products, petroleum-based products, paints, tires, or any type of environmental waste onto any of our properties. Drivers will be held responsible for any leakage of these products. We don’t allow dump trucks, petroleum haulers, waste haulers, manure haulers, oil haulers, medical waste haulers, or any hazardous material trucks at any of our properties.

 

AMENITIES: Each of Licensor’s lots have different amenities. Some have pavement, some do not. Some lots have cameras, some do not. Some have 10 ft. gates; some do not have gates. Some have lights, some do not. By signing this Agreement, you certify that you understand and accept that each lot has different amenities. By parking at the location, you specified in this Agreement, you’re indicating that you’ve inspected the location prior to parking, you are satisfied with the “Amenities” at the location and the amenities are acceptable and at par with your expectations.

 

GATE CODES: Gate codes are changed regularly and must not be shared. All gates must be locked every time and at all times when Driver / Licensee enters and exits the gates. Driver / Licensee may not leave the gate open for others. LOCK GATES EACH TIME YOU COME IN AND LEAVE! NO exceptions.

 

LATE PAYMENTS: A late payment fee of $25.00 PER VEHICLE will be added to any monthly billing when payment is more than (5) days past due. Then, after thirty (30) days past due, the vehicle will be considered Illegally Parked, and Abandoned.

 

PLEASE SEE THE ABANDONED VEHICLE SECTION BELOW. Notwithstanding, such late payment fees, failure to pay any monthly billing on or before the due date shall be deemed a default of Licensee under terms of this Agreement.

 

ABANDONED VEHICLES: Once the vehicle is left on the property and the parking is unpaid for 30 days or more, the vehicle will be deemed abandoned and the vehicle will be barricaded, booted, towed and/or impounded. Abandoned vehicles will accrue a $50 storage fee per day. Court orders will be applied for to gain ownership of the abandoned vehicles. Once this procedure starts, the costs of said action will be the sole responsibility of the driver / Licensee. Once the Court Order papers are signed and finalized by the Judge, the vehicle will no longer be the property of the Licensee.

 

PARKING PERMIT, STICKER / HANGER POLICY: All vehicles must be backed in so we can see the front of your parked vehicle and NUMBERED parking sticker/hanger! We will send you your parking authorization sticker(s) and hanger(s), so please place them on your vehicle immediately as follows:

 

Upon signing up for monthly parking you will receive via email a “Temporary Parking Permit”. Please print and place the temporary parking permit on the driver’s side window.

 

You will also receive an invoice with your PARKING ID. We no longer mail out parking permits. Instead, when you sign up for parking you are automatically assigned a PARKING ID. YOU MUST HAVE YOUR PARKING ID ON ANY AND EVERY VEHICLE THAT IS PARKED AT ANY OF OUR LOCATIONS. IT MUST BE VISIBLE. Write your PARKING ID on a sheet of paper and place it on the inside of the driver’s side window, or you can get a Southern Park A Truck LLC PARKING ID sticker and place it on the vehicle’s window.

 

Hanging tags should be placed on the rear-view mirror or visor with the numbers facing the front.

 

Stickers for trailers or towable vehicles that you are leaving such as RV’s, trailers, campers, and boats should be placed on the tongue of the towable vehicle!

 

Stickers for PERSONAL vehicles must be placed on the windshield of the personal vehicle parked on the premises (You may park 1 personal vehicle in the same spot and in-place of your commercial vehicle).

 

You must place sticker OR hanger on your vehicles quickly to avoid being booted or towed! We check and audit each lot every day and all unauthorized vehicles will be towed immediately.

 

ALL HANGERS MUST BE RETURNED AT CONTRACT CANCELLATION.

 

PERSONAL VEHICLE PARKING: All personal vehicles must be parked in the designated area on the property only. Licensee accepts full liability and responsibility for the personal vehicle that is parked on the premises. No personal vehicle will be allowed to be parked in a truck parking space.

 

NON-PAYMENT DEFAULT: Once the parked vehicle is in Default Status for Non-Payment, the vehicle will be towed from its existing parking space and location to another lot and held in impound while Licensor’s legal remedies are pursued. Please refer to item above Abandoned Vehicles for additional description of exactly what happens when a vehicle is left unpaid. We reserve the right to move any vehicle to another lot due to non-payment.

 

LOCKING THE GATE: All persons using our facility MUST LOCK THE GATES every time you enter and every time you exit from the gates. Any person that leaves gates open at any time will be asked to leave immediately and no refund will occur. Thus, even if there is someone else inside a gate, you must still lock the gate and they can let themselves out. PROTECT YOUR TRUCK AND YOUR POSSESSIONS ALWAYS BY LOCKING THE GATE…EVERY TIME!

 

VEHICLE PHOTOS: A photo of your truck/trailer or stored vehicle must be uploaded when filling out the monthly parking Agreement, which will be kept in your file.

 

NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

 

SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.

 

COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement.

 

ENTIRE AGREEMENT: This Agreement, together with all forms and other agreements referenced herein, constitute the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

 

NOTICE OF HOW TO BETTER PROTECT YOUR PROPERTY: We are not responsible for watching your equipment, vehicle, or personal property. We provide a parking space with fencing and lights and sometimes electronic gates. You are parking at your own risk as there is no security watching your vehicle. You must have your own insurance as we are not responsible for anything that may happen to your vehicle. It is up to you to protect and secure your vehicle and belongings. Suggestions for protecting your vehicle(s) and property include, but are not limited to: (i) using a kingpin device to secure any trailers; (ii) wheel locks, and steering wheel locks are also suggested where applicable in securing your vehicle or possessions; and (iii) a GPS tracking or locating device installed on your vehicle or trailer at all times while storing or parking your vehicle or trailer. If you have loaded trailers, you are at risk for theft, and we strongly suggest that you leave your loaded trailer in one of our manned, secured lots. Ask us where our secured LOTS are located, so we can better assist you.

 

DISPUTES:  In the event of a dispute which results in a suit or action between the parties, Licensor shall have and recover against Licensee its reasonable attorneys’ fees and expenses. All disputes shall be governed by the law of the jurisdiction in which the premises is located, without regard to any choice-of-law principles. Any legal action under this agreement shall be venued exclusively in the state or federal courts located in the municipality in which the premises is located. Both parties irrevocably waive any defense or challenge that the above venue is an “inconvenient forum”, or otherwise upon “inconvenient forum” grounds or principles.

 

UPDATES: These Terms and Conditions may be updated from time-to-time, and any such updates shall be binding prospectively on all parties immediately upon posting to Licensor’s website.