1. FINANCIAL TERMS

2. WAIVER OF LIABILITY AND INDEMNITY:

The Owner, or those for whom it may in law be responsible, will not be liable or responsible in any way for (and the Client hereby forever releases Owner and those for whom it may in law be responsible from any and all claims relating thereto) any loss of or damage or injury to any property, chattel, vehicle or person arising out of the use or occupancy of the Space by the Client due to any causes, including without limitation fire, explosion, mechanical or equipment failure, theft, vandalism, wind, water damage, escape of any hazardous or noxious substance, any defect now or subsequently created or discovered in or about the Space, any act or omission of any third party, or any act of God, whether or not such property has been entrusted to Owner or its agents, servants or employees and whether or not resulting from the negligence of Owner or those for whom it may in law be responsible, or from the exercise by Owner of any of its rights under this User Agreement.

The Client hereby covenants to indemnify, keep indemnified and save harmless Owner against and from any and all claims, including all claims for personal injury or property damage arising from any act, omission or negligence of the Client or any agent, invitee or licensee of the Client, and against and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought.

The Client acknowledges and agrees that Designated Vehicles, including their contents, are parked entirely at the Client’s risk and vehicles contents are not covered under any insurance program made available by the Owner and the Client must look entirely to its own insurer to satisfy any claim which may arise on account of death, injury, loss or damage regardless of the cause

3. TERMS OF USE:

The Client shall not: (i) store food of any kind, flammable materials, hazardous, toxic, firearms, explosives or any inherently dangerous materials, (ii) store any property which would result in the violation of any law or regulation of any governmental authorities; (iii) use the Space or any other part of the Owner’s Property for illegal or criminal operations; (iv) carry on or perform within the or from the Space or the Owner’s Property any business practice or thing or act or engage in any activity which may be deemed a nuisance, offensive or a menace or which in any way may damage the Space or the Owner’s Property or the reputation of the Owner’s Property, as determined by the Owner in its sole discretion; (v) alter the Space in any way without written permission from Owner; (vi) not leave any waste on the Owner’s Property or leave items in hallways or loading bays and takes full responsibility of charges for doing so which will be determined by Owner.

For enclosed Storage Spaces, the Client shall: (i) keep the Storage Space secured at all times with a lock until time of vacate at which time the Client lock must be removed.

The Space is deemed vacant when/if contents are removed; (ii) where applicable, enter a valid access code to enter and exit the Owner’s Property each and every visit; (iii) maintain the overhead door in the fully open position while the Storage Space is occupied by any person; (iv) ensure adequate fire protection is maintained within the Storage Space by maintaining at all times a vertical clearance of at least 18” from the sprinkler head deflectors.

The Client shall be liable for costs and damages for contravening the above.

The Client acknowledges the Space may be used for storage of goods or vehicles only, as applicable, and that the use for human or animal habitation is prohibited.

4. DEFAULT PROVISIONS:

The term of this User Agreement consists of successive Rental Periods unless otherwise set forth. Full payment of User Fees is due on the 1st day of each Rental Period. Partial payment of User Fees or late fees will not be accepted. On the 3rd day of nonpayment, and every 6 days thereafter, an amount equal to the greater of (i) 5% of the User Fees or (ii) $5.00 will be charged to and payable by the Client as a late fee. After the 30th day of nonpayment, the lock on the Space (if applicable) will be replaced at the Client’s cost and the contents inventoried in preparation for sale.

After the 45th day of nonpayment, an amount equal to 100% of the User Fees for one Rental Period will be payable by the Client as a lien fee.

After the 90th day of nonpayment, the Owner considers the contents of the Space abandoned and, except for the contents of the Mailbox, reserves the right to sell/dispose of the contents of the Space.

The Owner reserves the right to establish revised late fees and additional charges from time to time without notice to the Client.

The Owner may adjust User Fees upon 30 days prior written notice to the Client.

The Client waives and renounces the benefit of any present or future law taking away or limiting Owner’s rights against the Client, and notwithstanding any such law, the Owner may seize and sell all Client’s goods and property, whether within the Space or not, and apply the proceeds of such sale to User Fees and all other amounts outstanding under this User Agreement and to the costs of the seizure and sale in the same manner as might have been done if such law had not been passed.

The Client further agrees that if it vacates the Space, leaving any User Fees or other amounts provided to be paid under this User Agreement unpaid, the Owner may, in addition to any remedy otherwise provided by law, and except for the contents of the Mailbox, seize and sell the goods and chattels of the Client in the same manner as if such goods and chattels had remained in the Space.

Notwithstanding anything else herein, the Client acknowledges and agrees that this User Agreement is intended to confer on Owner a lien pursuant to the applicable possessory or warehouse lien legislation within the province where the Space is located. The Client waives, to the extent permitted by law, any requirement for a receipt in respect of the contents of the Space.

5. TERMINATION BY OWNER:

The Owner may terminate this User Agreement upon 48 hours prior written notice to the Client or may, at any time upon notice to the Client, prohibit access to or use of the Space (without it being construed as a termination hereof and without any abatement of User Fees, taxes and other applicable charges hereunder) in the event of the Client’s default hereunder that is continuing and without prejudice to any rights of the Owner to recover all amounts owing by the Client under this User Agreement or applicable law.

6. TERMS AND CONDITIONS OF USE:

The Client shall have the right to vacate the Space at the end of a Rental Period.

When vacating the Space, the Client shall remove all items and make sure the Space is clean and ready to re-rent and shall notify the owners the same day to confirm that the Client has vacated the Space. This will ensure that the Client’s file is removed from the computer and no other charges will be levied.

The Client shall remove its lock upon vacating the Space. Failure to remove lock will result in the Client continuing to be charged User Fees and other fees pursuant to this User Agreement.

The Client acknowledges and agrees that only one lock is allowed per door latch. If more than one lock is found, the Client will pay an additional fee as determined by the Owner for the removal of that lock.

Owner does not provide any garbage disposal services. The Client agrees that all charges related to disposal, in addition to the User Fees, will be charged to the Client if the Client is found dumping garbage on site or leaving items in the Space after termination of this User Agreement, until the items on site or inside the Space are removed from the Owner’s Property.

The Client shall notify Owner in writing immediately if it changes its address, phone number, etc. or any other Personal Information or Payment Method Information set out in the Client Information Form. Until Owner is notified of any changes in writing with the Client’s signature, the only valid address, telephone number and other Personal Information will be as set out in the Client Information Form.

The Client acknowledges and agrees that it will adhere to the posted rules and policies of the loading bay doors. Damage caused to the loading bay doors or mechanisms are the responsibility of the Client. The Owner is not responsible or liable for any loss of or damage to vehicles and/or goods and/or personal injury.

Owner and any employee, servant or agent of the Owner may access the Space with or without notice in the event of emergency, repair, alteration or inspection at Owner ‘s discretion, including forcibly entering the Space to make alterations or repairs as Owner deems necessary for the safety or preservation of the Space or Owner’s Property and to remove any article or remedy any condition which, in the opinion of the Owner, would be likely to lead to cancellation of any policy of insurance on the whole or any part of the Owner’s Property, and such entry by Owner will not be deemed to be a re-entry.

The Client acknowledges and authorizes electronic communications for all Rental Invoices, Receipts and all other notifications from the Owner, including notices relating to any default in payment of User Fees and notices of any pending or proposed sale of the contents of the Space.

7. TERMS OF CANCELLATION OF THE UNIT RENTAL LEASE :

Give notice

By law, you must give your landlord the following notice to end the tenancy (lease):

month-to-month term – give notice to landlord(Open Hearth Self Storage) at least 1 month before the end of the month you want to move out and terminate the lease agreement by the following

* personally give written notice of the cancellation to the landlord(Open Hearth Self Storage) with your name, phone number, email, home address and your signature; or
* typed notice of the cancellation by email given to the landlord(Open Hearth Self Storage) for this purpose. You can fill out our cancellation form by clicking here

A tenancy agreement that is cancelled in accordance Residential Tenancies Act and relevant regulations of the province of Nova Scotia is deemed to be terminated when the notice is given, or emailed to the landlord. You can cancel at any time but within the first 48 hours before moving into the unit or a month before your next monthly renewal payment.

If you cancel, be sure to keep a copy of your notice of cancellation and confirmation of fax transmission.

Please note: remove all your belongings from the unit and inspect the unit with the landlord before ending of the unit rental lease. We are not liable for your items or property after your unit rental term ends and your required to move all items before the last day of your unit rental term.

Thank you