Fill and Sign the Automobile Parking License Agreement Form

Automobile Parking License Agreement Agreement made on the       day of       , 20       , between       , a corporation organized and existing under (Name of Owner) the laws of the state of       with its principal office located at (Name of State)       , referred to herein as Owner, and (Street Address, City, County, State, Zip Code)       , of       , (Name of Customer) (Street Address, City, County, State, Zip Code) referred to herein as Customer. Whereas, Owner owns or controls a certain parcel of real estate upon which a building with a parking facility (the Lot ) of approximately       parking spaces which is located at (Number)       ; and (Street Address, City, County, State, Zip Code) Whereas, Customer desires to park in said Lot pursuant to the terms of this Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Monthly Fee . A monthly license fee (inclusive of sales taxes, if applicable) will be charged for each vehicle parking at the Lot during each month. This includes self-park, valet, or reserved spaces. Owner reserves the right to increase the monthly license fee, at any time, upon at least thirty (30) days advance notice. 2. Ingress/Egress . This Agreement provides Customer with 24 hours 7 days a week In & Out access to the Lot. 3. Access Card . Customer’s access card may only be used for the entrance and exit of Customer’s vehicle only. If violation of this policy occurs, the daily maximum rate will be charged on the first offense; future violations will result in immediate termination of the parking privileges. 4. Payment Terms . Monthly rate for parking is due and payable on or before the first day of each month, in advance without demand. If the monthly charge is not paid when due, the prevailing daily posted parking rate will be charged. No deductions or allowances from the monthly rate will be made for days Customer does not use the location. Parking commenced between the 1st and 14th will be charged the full monthly fee. Parking commenced between the 15th and end of the month will be charged one half of the monthly fee. Automobile Parking License Agreement Page 1 of 5 5. Display of Parking Permit; No Bailment . If a monthly permit is supplied by Owner (one permit per vehicle), it must be clearly displayed at all times while in the Lot . Prevailing daily parking rate will be charged when the permit is not displayed on the vehicle. Owner will endeavor to provide Customer’s first permit within 24 hours after execution of this Agreement . Customer understand that Customer is only purchasing a license to park and that, irrespective of Owner taking possession, dominion and control of Customer’s car, NO BAILMENT IS HEREBY CREATED. By execution of this Agreement , Customer and Owner agree that this relationship is defined as Licensor-Licensee and NOT Bailor-Bailee and, as such, no presumption of negligence shall be held as against Owner in a court of law. In the event of loss, theft or damage to Customer’s vehicle, Customer will retain the burden of proving negligence as against Owner . In the event that Customer desires to engage Owner as Bailor-Bailee, Customer shall be required to pay an additional fee, acknowledgement of which shall be evidenced in writing. 6. Parking Permit Limitations . The permit is valid ONLY during the month indicated on the face of the permit and ONLY for the facility at which it was issued. A new permit must be obtained by the first day of each month. Vehicles with invalid permits will be charged the daily rate. Refunds will not be issued. The Permit is not valid for stadium or special events. The Permit is not transferable. 7. Customer Responsibility. Owner, and each of Owner’s employees, contractors, and affiliates ( Owner’s Parties) are not insurers, and shall not be responsible for any vehicle loss, collision, fire, theft, accident, loss or damage to the vehicle or its contents or for any other damage to Customer or Customer’s property. In no event will Owner’s Parties assume liability for damage or injury sustained through faulty brakes or other vehicle equipment failure, Customer’s failure to set brakes properly or for improper vehicle maintenance. Owner shall be responsible for such loss or damage only if it results from Owner’s negligence or the negligence of Owner’s employees, occurring within the scope of their employment, to the extent that it is responsible under the law: but Owner does not waive any defenses to such claim including, but not limited to, contributory negligence, comparative negligence or any other defense or remedy available under the law. Owner’s maximum liability for loss or damage to property by theft, fire, explosion or otherwise shall be limited to $       unless additional fee is paid when vehicle first parks and receipt is issued for same pursuant to law. 8. Default. If Customer shall be in default for a period of five (5) days for non-payment of parking charges or charges for other supplies or services furnished to such vehicle by Owner , Owner is authorized at its option to place Customer’s vehicle on a transient/hourly ticket basis; to immobilize the vehicle (at Customer’s expense) and/or to open the vehicle to secure it or transfer it; to hold the vehicle and/or transfer such vehicle to another location with Customer remaining responsible and liable for all parking fees at such location, or to a location authorized and/or designated by applicable law at Customer’s expense. Customer is responsible for any damage to vehicle in relocation and/or securing the same. If Customer’s default for non-payment as set forth above shall continue for a period in excess of ten (10) days, then, and in such event, Owner may, at its option, charge interest on the amount owed, such interest to be set at the highest legally permitted rate as designated by not been paid. Automobile Parking License Agreement Page 2 of 5 9. Termination. Unless otherwise stated herein, this Agreement may be terminated by either party in writing by sending notice to the other party at least thirty (30) calendar days prior to the beginning of th e month of cancellation or as dictated in conjunction with lease terms. The prorating terms o utlined in Paragraph 4 of this Agreement will NOT apply to termination 10. Return of Ac cess Cards and Permits. In order for Customer to cancel Customer’s account pursuant to Paragraph 10 ab ove, all access cards and permits must be returned to Owner and Customer must obtain a dated re ceipt upon the return, which includes all tag numbers, access card numbers returned. The recei pt must be signed by Owner’s employee accepting the items. 11. Multiple Park ing Spaces. If more than one (1) monthly parking permit is licensed by a Customer, this Agre ement shall apply to all such parking permits, and Customer agrees that all of the terms and condition s of this Agreement shall be binding upon Customer and all persons, firms, entities and others using s aid parking permits with Customer’s permission, proper identification and notice to Owner. 12. Payment Optio ns. The Customer has the following payment options: check, credit card or debit card. Payments should be made to the lockbox address (if applicable) or via the web at www. name .com (the website). Cash will not be accepted as a form of monthly payment. All new individual monthly parking customers who apply for parking permits via the website will be required to establish automatic payment (credit card or debit card). 13. Payment Due Date; Late Fees; Collection . Payments are due on the 1st day of each month and considered late as of the 5th day of the month. Owner reserves the right to charge a late fee based on a per parker charge in an amount no less than $       per parker. Customer agrees to pay all costs of collection, including court costs, reasonable attorney fees and expenses. 14. Vehicle Repairs; Towing. No vehicle repair is allowed inside the Lot. Customer must notify the attendant of the Lot if Customer’s vehicle is being towed out. 15. No Vehicle Storage. No vehicles are allowed to be stored in the Lot for more than five (5) consecutive business days without exiting the Lot. In case of such occurrence, the attendant of the Lot must be notified. Any vehicle stored in the Lot over five (5) consecutive days without notification is subject to towing at the vehicle Owner’s expense. 16. No Changes. A ttendants are not authorized to make or allow any exceptions or changes to this Agreement or terms hereof. 17. Additional Fees (Minimum Amounts): Additional charges of the following will apply:  $       for each returned check;  $       non-refundable access card activation fee;  $       for replacement of a lost access card; and  $       for the replacement of a lost monthly permit. Automobile Parking License Agreement Page 3 of 5 18. Parking Facility Rules: In addition to the rules indicated in this Agreement , Customer agree to adhere to the regulations of the Lot , such as hours of operation, rate structure, speed, payment options, etc. Failure to comply with any such terms may result in the immediate termination of this Agreement and forfeiture of the monthly license fee paid for such month. 19. Customer will notify Owner if there are any changes in Customer’s billing address, phone number(s), employer, vehicle type, license plate, etc. 20. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 21. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 22. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 23. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 24. Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 25. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 26. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 27. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. Automobile Parking License Agreement Page 4 of 5 WITNESS our signatures as of the day and date first above stated.       (Name of Owner) By: By: (P rinted name) (P rinted Name & Office in Corporation)             (Signature of Customer) (Signature of Officer) Automobile Parking License Agreement Page 5 of 5