CUSTOMER INFORMATION:
Customer Name: ____________________________________
Customer Email Address: _____________________________
Customer Cell Phone: ________________________________
Customer Home Phone: _______________________________
Customer Street Address: ______________________________
Customer City/State/Zip: ______________________________
Customer Drivers License #: ___________________________
Customer Drivers License Issuing State: _________________________
Customer Employer: ______________________
Customer Work Phone: ____________________

EMERGENCY CONTACT INFORMATION:
Emergency Contact Name: _____________________
Emergency Contact Phone: _______________
DESCRIPTION OF CONTENTS:
Describe Contents (examples: Household Goods, Furniture, Boxes, Trunks, Suitcases, Toys, Sporting Goods, Tools, etc.): ______________________________________________________________________________________________________

STORAGE UNIT DESCRIPTION:
Address: 535 Brookway Blvd., Brookhaven, MS 39601
Unit #: ______
Approximate Size: _________
Monthly Rental Fee: $_____
Monthly Rental Due Date: ______

STORAGE UNIT RENTAL AGREEMENT TERMS:

This storage unit rental agreement is entered into on ____.
This agreement is between Tom’s Climate-Controlled Storage (hereinafter “Owner”) and Customer (named above and hereinafter “Occupant”). Owner and Occupant agree to the following terms:
• For the consideration hereinafter stated, the Owner agrees to let Occupant use and occupy a space as listed above in the self-service storage facility located at the address listed above in Lincoln County in the state of Mississippi, hereinafter referred to as "Space". Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth, beginning on the Rental Agreement date listed above and continuing month to month until terminated.
• RENT: "Unit", as used in this agreement, will mean the portion of the self-service storage facility described above. Occupant agrees to pay the Owner monthly rent in the sum listed above as the Monthly Rate. Rent is payment for the use of the Occupant’s Unit and incidental use of the building for ingress and egress from the Unit. Monthly rent payments are due in advance on the 1st of each month until the Occupant vacates the Unit pursuant to the other provisions of this Agreement. Payment of deposits, rent, and fees may be made by credit card, automatic bank transfer (ACH) or check. If cash payments are accepted by Owner, it is Occupant’s responsibility to obtain and keep a receipt from management for each cash payment. If any monthly rent is not paid by 15 days from the due date, or if any check, credit card charge or bank draft (ACH transfer) in payment is dishonored, Occupant shall be deemed to be in default. Default can also be the Occupant's failure to perform any terms or conditions of this Rental Agreement. In the event of Occupant's default, Owner may, without notice, deny the Occupant access to the property located in the self-storage facility by disabling the Occupant’s entry code and placing Owner’s own lock on the Unit. Owner’s additional remedies for Occupant’s default are codified in Mississippi law and include foreclosure and sale of Occupant’s property. Only full payment of all past-due rents and fees will cure Occupant’s default for non-payment of rent. Partial payments made to cure a default for non-payment of rent will not delay or stop the Owner from exercising all rights granted under Mississippi law.
• DEPOSIT AND FEES: Concurrently with the execution of this Rental Agreement, Occupant shall pay to Owner a security deposit in the amount of $25.00. Upon termination of this agreement, the security deposit will be refunded to Occupant if Occupant’s space is left clean and undamaged and all other fees and rent have been paid in full. Following is a list of other fees that Owner may charge Occupant and the occasion for those fees:

• Late Fees: If any monthly rent is received after 3 DAYS from the rental due date, Occupant shall pay to Owner a FIRST LATE FEE of $0.00 for each month rent is past due. Furthermore, if any monthly rent payment is received after 7 DAYS from the rental due date, a SECOND LATE FEE of $25.00 will be assessed for each month rent is past due. Late fees are assessed at the full and sole discretion of the Owner. Said late charges are due and payable without demand from Owner.
The parties agree that these late charges represent a fair and reasonable estimate of the costs the Owner will incur by reason of late payment by Occupant. If any form of payment is dishonored for any reason, FIRST and SECOND LATE FEES shall be due and payable.
• NSF Fee: In addition to Late Fees, if any form of payment is dishonored for any reason an additional NSF fee of $50.00, shall also be due.
• Payments Fee: Owner prefers payment by credit card or automatic bank transfer (ACH) and will not charge a Payment Fee for these payments. If Occupant wishes to pay by any other means, a monthly PAYMENT FEE of $10.00 will be charged. Owner reserves the right to refuse payment by check.
• Statement Fee: A paper statement for the monthly rent will not be sent unless requested and the monthly STATEMENT FEE of $5.00 per month has been paid.
• Lock Cut Fee: If Occupant's lock must be cut due to the Occupant’s own fault, Occupant shall be responsible for a LOCK CUT FEE of $15.00 for each occurrence.
• Clean-up Fee: Upon termination of this agreement, Occupant will be charged a CLEAN-UP FEE of $25.00 if the Owner is required to remove any debris from either inside or outside the rented Space as a result of Occupant’s failure to do so.
• Disposal Fee: If Occupant's property is processed for sale at public auction or is otherwise disposed of, Occupant shall be responsible for all reasonable disposition fees but shall pay a DISPOSAL FEE of not less than $100.00.

• DENIAL OF ACCESS: If rent is not paid within 7 days of the monthly due date, Owner may without notice deny the Occupant access to the property located in the Unit. Occupant's access to the facility may also be restricted by any manner the Owner deems reasonably necessary to maintain order on the premises, including but not limited to restricting hours of operation. Additionally, if Occupant is renting more than one Unit, default on one rented Unit shall constitute default on all of Occupant’s Units.
• USE AND COMPLIANCE WITH LAW: The space named herein is to be used by the Occupant solely for storing personal property belonging to the Occupant. The following specific restrictions shall apply to Occupant’s use of the unit and facility:
• The Occupant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous, or pollutant materials or any other goods in the space that would cause danger or nuisance to the space, facility, or the public.
• Occupant shall not store any improperly packaged food or perishable goods, or other items that may attract rodents, vermin, or other infestation in the Space.
• The Occupant agrees that the property will not be used for any purposes unlawful or contrary to any ordinance, regulation, fire code or health code.
• Occupant will not alter or affix signs on the space and will keep the space in good condition during the term of the Agreement.
• 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 the Agreement.
• If hazardous substances are stored, used, generated or disposed of on or in the premises or if the premises become contaminated in any manner for which the Occupant is legally liable, Occupant shall indemnify and hold harmless the Owner from all claims and expenses arising as a result of that contamination by Occupant.
• Occupant agrees not to conduct any business out of space, and further agrees that the space is not to be used for any type of workshop, for any type of repairs or for any sales, renovations, decoration, painting, or other contracting in the space.
• Use of any utilities on premises is strictly prohibited.
• Without the Owner’s written permission, violation of these restrictions shall be deemed a default and grounds for immediate Termination of this agreement and shall cancel Occupant's right of Occupancy.
• ASSIGNMENT AND SUBLETTING: Occupant shall not assign this Agreement or sublet the whole or any portion of the space rented hereunder.
• CONDITION AND ALTERATION OF PREMISES: Occupant has examined the Unit and facility and hereby accepts it AS IS, being in good order and condition, and agrees to pay Owner promptly for the actual cost of any repairs or cleaning to the space resulting from negligence, misuse, or alterations by the Occupant. Owner may declare any such costs to repair as "rent" and non-payment of said costs entitles Owner to deny Occupant access to the Unit. Occupant understands that all unit sizes are approximate, and his or her Unit’s size, to Owner’s best knowledge, is listed on the first page of this agreement. Occupant shall make no alterations or improvements to the Unit without Owner’s written consent.
• LIMITATION OF VALUE: Occupant agrees that the maximum value for any claim or suit by Occupant, including but not limited to any suit which alleges wrongful or improper sale, damage, or loss 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 Owner to Occupant for any loss or damage to Occupant's property, regardless of cause.
• ABANDONMENT: This Agreement shall automatically terminate if Occupant abandons the Unit. Occupant shall have abandoned the Unit if Occupant has removed the locking device from the Space and IS NOT current in all obligations hereunder or lock is cut after default and it is determined, in the Owner's discretion, that the items in the unit have little or no value. Any property left in the Space may be disposed of by the Owner. Rent paid for the month in which Occupant moves out early shall not be refunded. THERE ARE NO RENT REFUNDS. If the Occupant is in default for failure to pay rent for more than 30 days and does not contact the Owner within 60 days, then Occupant shall be deemed to have abandoned the unit and any personal property therein.
• TERMINATION: This agreement shall continue from month to month unless Occupant or Owner delivers to the other party a five-day advanced written notice of its intention to terminate the Agreement. Termination shall occur at the end of the month in which the five-day notice requirement is met. Upon termination of this Agreement and by the end of the month in which termination occurs, Occupant shall remove all personal property from the space and shall deliver possession of the space to Owner unless such property is subject to Owner's lien rights as referenced in this Rental Agreement. If Occupant fails to fully remove its property from the space within the time required, Occupant shall be an Occupant at sufferance and Owner, at its option, may, without further notice or demand, either directly or through legal process, reenter the Occupant's unit and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. Occupant shall be charged a CLEAN UP FEE, identified above, if Owner is required to remove any debris from either inside or outside the rented Space after Occupant vacates the Space.
• OCCUPANT ASSUMES RISK OF LOSS: 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 TENANT'S STORED PROPERTY. All property stored within or on the space by Occupant or located at the facility by anyone shall be stored at Occupant's sole risk. Occupant must take whatever steps deemed necessary to safeguard what is at the facility or in or on the space. IT IS AGREED BY OCCUPANT THAT THIS RELEASE OF OWNER'S LIABILITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HERE AND THAT WERE OWNER NOT RELEASED FROM LIABILITY, A MUCH HIGHER RENT WOULD HAVE TO BE AGREED UPON. Occupant releases the Owner from any duty to ensure the safety or security of persons or property on the premises. Video cameras may be non-operational or unmonitored. Access control devices may be unmonitored and may occasionally malfunction.
• INSURANCE: Owner provides no insurance of any kind for covering the value of any personal property stored in the facility due to loss or damage from any cause. Occupant is responsible for ensuring that any personal property stored in the facility is covered by insurance if they so desire.
• INDEMNIFICATION OF OWNER: Tenant hereby agrees to indemnity and to hold harmless Owner from all claims, including claims for which Owner is or is alleged to be negligent, for damages to property or personal injury and costs, including attorneys’ fees, arising from Tenant’s use of the Space. In the event of damage by fire or other casualty, Owner may remove the contents of the space and store them at the Occupant's expense without liability 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 such removal and storage. Should any of Owner's employees perform any act or omission for Occupant at Occupant's request, such employee shall be deemed to be the agent of the Occupant, and Occupant agrees to indemnify and hold Owner harmless from any liability in connection with or arising from such act performed by employees of Owner. Notwithstanding that Owner shall not be liable for such occurrences, Occupant agrees to notify Owner immediately of any injury, damage, or loss suffered by Occupant or other person in these circumstances.
• OWNER'S RIGHT TO ENTER: In cases where Owner considers it necessary to enter the Space for purposes of examining the Space for violation of this agreement or condition in the Space or making repairs or alterations thereto, or to comply with this agreement, Occupant agrees that Owner, or Owner's representative, shall have the right without notice to enter into and upon the Space and Owner reserves the right to remove contents to another space.
• OWNER'S LIEN RIGHTS PURSUANT TO SECTION 85-7-123 OF THE MISSISSIPPI CODE: THE OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO LAW. PERSONAL PROPERTY STORED IN THE OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF TO SATISFY THE LIEN IF OCCUPANT IS IN DEFAULT.
• SECURITY AGREEMENT: This Agreement shall constitute a security agreement covering the contents (hereinafter referred to as "collateral") of the Space, and a security interest shall attach thereto for the benefit of and is hereby granted to Owner by Occupant to secure the payment and performance of Occupant's default hereunder. Owner may exercise all rights and remedies it may have under any applicable law, in addition to its statutory lien, to enforce this security agreement against the personal property stored in the occupant's Space.
• OCCUPANT'S LIABILITY: In the event of a foreclosure, it is agreed that the Occupant’s liability for the rents, fees, charges, costs, and expenses provided for in this rental agreement shall not be relinquished, diminished or extinguished prior to payment in full. It is further agreed that Occupant shall be personally liable for all rents and all other sums due under this Agreement, including collections or attorney’s fees. In the event of foreclosure and sale of the Occupant’s property, if any property remains unsold after foreclosure and sale, owner may dispose of said property in any legal manner.
• WAIVER/ENFORCEABILITY: In the event any part of this Agreement shall be held invalid or unenforceable, the remaining part of this Rental Agreement shall be in full force and effect. No waiver by Owner of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by Occupant of the same or any other provision.
• ATTORNEY'S FEES: Tenant agrees to pay Owner all costs and expenses, including reasonable attorneys’ fees and court costs, incurred by Owner in enforcing any of the terms or conditions of this Rental Agreement or in defense of any claim or action brought by Occupant.
• SUCCESSION: This agreement is binding upon the parties, their heirs, successors, personal representatives, and assigns.
• GOVERNING LAW AND WAIVER OF JURY TRIAL: This Agreement and any actions between the parties shall be interpreted by and governed by the laws of the State of Mississippi. Venue or Forum shall lie in Lincoln County, Mississippi. Owner and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint brought by Owner against Occupant or vice versa arising out of the Owner - Occupant relationship or under this Agreement.
• INTEGRATION: 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.
• RULES: Owner has the right to create or change the hours of operation for the Facility and to promulgate Rules and Regulations for the safety, care, and cleanliness of the Facility and Unit, and Occupant agrees to follow all Rules and Regulations now in effect or that may be put into effect from time to time. Rules shall be provided in writing by the owner.
• NOTICES FROM OWNER: All notices from Owner shall be sent by U.S. Mail to Occupant's last known address, via electronic mail to the address provided by the Occupant herein, or via text message to the cellphone number provided herein. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail or text message. All statutory notices shall be sent as required by law.
• NOTICES FROM OCCUPANT: Occupant agrees to give prompt written notice to Owner of any change in Occupant's address and other contact information. Occupant understands he must personally deliver such notice to Owner or mail the notice by certified mail, return receipt requested, with postage prepaid to Owner at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Owner.
• CHANGES: All terms of this Agreement are subject to change upon thirty (30) days prior written notice to Occupant. Occupant may terminate this Agreement on the effective date of the change by giving Owner ten (10) days written notice to terminate after receiving notice of the change. If the Occupant does not give such notice, the change shall become effective and apply to Occupant’s continued occupancy.
• OCCUPANT'S LOCK: Immediately upon occupying the Space, Occupant shall place his or her own lock on the Unit to secure the Space. If, upon occupying the Space, a lock is not placed on Unit or Unit is found without a lock, Owner has the right to place a new lock on the Unit to secure the Unit without creating a bailment.
• MILITARY SERVICE: To comply with SERVICE MEMBERS CIVIL RELIEF ACT and in order to determine Occupant's qualifications under this Act, it is Occupant's obligation to notify the Owner in writing that Occupant and any Occupant’s family member storing goods at the Facility are in active military service. If Occupant's military status or Occupant's family member's military status changes, Occupant is required to notify the Owner in writing of this change immediately.
• FINANCIAL INFORMATION: Occupant waives and releases all claims or actions against Owner and its respective agents, employees, and affiliates for damages arising from the use of Occupant’s personal or financial information.
• CLIMATE CONTROL: The Facility is climate controlled. However, the climate-controlled spaces do not provide constant internal temperature or humidity control, and Owner does not guarantee that temperature and humidity will not fluctuate. Owner shall not be liable for damage to stored property from fluctuations in temperature or humidity from any cause.
• PERMISSION TO CALL, FAX, E-MAIL OR TEXT: Occupant recognizes Owner and Occupant are entering into a business relationship as Owner and Occupant. As such, to the extent any Federal or State law prohibits Owner from contacting Occupant by phone, fax, e-mail or text, Occupant hereby consents to Owner phoning, faxing, e-mailing and texting Occupant with marketing and/or other business-related communications.
NOTICE TO OCCUPANT: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ ALL PAGES AND FULLY UNDERSTAND THE AGREEMENT’S TERMS. KEEP A COPY OF THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS. OCCUPANT HEREBY ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE/SHE HAS READ, UNDERSTOOD, AND ACCEPTED ALL THE TERMS AND CONDITIONS EXPRESSED IN THIS MULTI-PAGE AGREEMENT.

SO AGREED:
Occupant Signature: __________________________________________
Date Signed by Occupant: ____