DAILY 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.


RENTAL RATE: The Daily rental will be due and payable prior to parking. All checks should be made payable to Southern Park a Truck, (Licensor), and all other forms of payment are due prior to parking. Overages must be paid prior to departure to avoid shortages.  


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.


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.


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.

  

LIABILITY: All 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 daily agreement. 

 

OWNER’S RESPONSIBILITY AND LOSS LIABILITY: The vehicle owner assumes responsibility for any damage caused to the building, property, fencing, gates, or concrete pavement. The driver/licensee must exercise caution while driving and parking, and must engage the parking brakes when the vehicle is parked.

Furthermore, the licensee of the designated parking space holds liability for any damages or theft of property that may occur during the agreed term. The licensee is fully responsible for the parking garage/space mentioned. By parking on the property, the licensee acknowledges and accepts all associated risks. This includes losses of any kind, such as theft, vandalism, damages, acts of terrorism, acts of nature, weather-related incidents, floods, or any other unforeseen circumstances. The licensee solely bears the responsibility for these events, and parking the vehicle on the premises is done at the licensee’s own risk.

 

INSURANCE VERIFIED: The vehicle(s) to be parked in said parking space shall have current registration and insurance, as verified by Licensee.  


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.


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.

  

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.


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.


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.

 

VEHICLE PHOTOS: A photo of your your truck/trailer or stored vehicle must be uploaded when filling out the daily parking agreement to go into your file. 

 

PARKING PERMIT/PARKING ID:  All vehicles must be backed in so we can see the front of your parked vehicle and NUMBERED parking sticker/hanger or Parking ID! Please print a copy of your parking payment receipt and place it on the dash of your vehicle.  

 

You must place parking receipt on your vehicles dash quickly to avoid being 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 in order to get your deposit returned! 

 

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.


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: In the event that the parked vehicle enters a Default Status for Non-Payment, certain actions will be taken to protect the licensor’s interests. The vehicle will be towed from its current parking space and location to an alternative lot. It will be held in impound while the licensor initiates legal proceedings, including filing court orders. All expenses associated with towing, court orders, and any other costs will be the sole responsibility of the licensee until the court order is signed. Once the court order is signed by a judge, the ownership of the vehicle will no longer belong to the licensee.


Additionally, in cases of Non-Payment Default, where the parked vehicle is in default status due to non-payment, the same procedure of towing the vehicle to another lot and impounding it will be followed. The licensor will pursue their legal remedies in accordance with applicable laws. For further details on the process and consequences of leaving a vehicle unpaid, please refer to the section on Abandoned Vehicles. It is important to note that the licensor reserves the right to relocate any vehicle to a different lot if non-payment occurs.


AGREEMENT EFFECTIVE DATES: Agreement shall remain in effect from agreement submit date until either Licensee leaves from the above property and Licensor has received payment in full for his daily parking on the premises. 

 

ALL DAILY PARKING MUST BE PAID IN ADVANCE OF PARKING: No vehicle can be on our lot with an outstanding balance. You can call in a payment every day or prepay for the anticipated day. Any unpaid daily parked vehicle will be towed at the owners expense  


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.


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.

  

LOCKING THE GATE: All persons using our facility please ensure that the arms and gate system are fully closed and do not remain open. If the gate stays open, please contact our helpline for assistance in closing it. It is mandatory for all individuals using our facility to lock the gates upon entering and exiting. Failure to do so will result in immediate expulsion from the premises without any refund. This applies even if there are other people inside the gate; you must still lock it, and they can let themselves out. Always safeguard your truck and belongings by locking the gate without fail, every single time.

 

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.