This Agreement (“Agreement”) provides the terms and conditions by which Said Owner, (“Owner”) may store Owner’s vehicle (“Vehicle”), as identified in the attached
Vehicle Storage Form(s), at The Shop Club, Inc.’s (“The Shop Club”) vehicle storage facility (the
1. Occupancy Charge: Upon execution of this Agreement, Owner agrees to pay to the Shop Club the Occupancy Charge, and any applicable taxes as shown on the attached Vehicle Storage Form(s). Also, the owner agrees to pay any renewal fees due to The Shop Club prior to the commencement of any renewal term, as referenced in Section 2 below.
2. Term of Storage: The Term of Storage commences on the Occupancy Start Date and ends on the Occupancy End Date, as set forth on the attached Vehicle Storage Form(s). The Term shall automatically renew unless Owner notifies The Shop Club of its intention to terminate this Agreement at least thirty (30) days prior to the Occupancy End Date. Owner’s failure to notify The Shop Club of its intention to terminate this Agreement shall be deemed to be a renewal of the Agreement, for the term provided above, at the charge or fee then in effect by the Owner. The Shop Club reserves the right to increase the Occupancy Charge, upon a renewal of this Agreement, upon thirty (30) days written notice to Owner via email to the email address provided in the Vehicle Storage Form(s) and in their Member Account.
3. Security: There will be 24x7 video surveillance, strict secure access, monitored alarm, and onsite personnel during business hours at the Shop Club to ensure the safety of all vehicles stored.
4. Standard Service: Standard Service provided by The Shop Club may include a light detail, tire pressure check, and site access for delivery and pick up of Owner’s car during operating hours.
5. Additional Services: Additional Services, such as mechanical integrity checks (e.g. engine cold start) may be available to Owner under a separate Repair Order agreement if requested by the Owner.
6. Insurance: The Shop Club shall not be required, nor have any obligation to carry insurance on the Vehicle or property stored in the space. Owner shall obtain or carry separate insurance coverage for each vehicle stored in the Facility.
7. Battery Tenders: All vehicles are required to have battery tenders. If the owner does not provide one when delivering their car, The Shop will provide one and charge the owners account.
8. Termination; Effects of Termination:
a. No Cause: Either party may terminate this Agreement for any reason or no reason with
 days written email notice to the other party.
b. For Cause: Either party may terminate this Agreement for the other party’s material breach by written email notice, effective in 10 days, unless the other party first cures the breach.
c. Effect of Termination: Owner must immediately remove Vehicle from Facility upon termination of this Agreement and pay all outstanding fees.
d. Termination by Owner - Late Charge: Upon termination of this Agreement by Owner, Owner shall be required to pay The Shop Club a fee of $50 per day, per space until Owner removes the Vehicle from the Facility. Such late charges must be paid prior to removal of the Vehicle.
9. Lien Law: Section 19.150.20 of the Revised Code of Washington, and Section 308-56A-312 of the Washington Administrative Code provide that The Shop Club has a lien on all personal property held at the Facility for rent, labor, late fees, and costs of the sale, present or future, incurred pursuant to this Agreement, and for expenses necessary for the preservation, sale, or disposition of personal property subject to thereto.
10. Limitation of Liability: OWNER ACCEPTS ALL RISKS OF DAMAGE OR LOSS TO THE VEHICLE OR ANY OTHER PERSONAL PROPERTY STORED WITHIN THE FACILITY. THE SHOP CLUB SHALL NOT BE LIABLE TO THE OWNER FOR ANY DAMAGE TO, OR LOSS OF ANY PERSONAL PROPERTY STORED WITHIN THE OWNER’S VEHICLE. THE OWNER SHALL HOLD THE SHOP CLUB HARMLESS FOR ANY DAMAGE TO THE VEHICLE OTHER THAN THE DAMAGE WHICH MAY BE CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF THE SHOP CLUB OR ITS AGENTS OR EMPLOYEES. THE SHOP CLUB ASSUMES NO LIABILITY FOR THEFT, COLLISION, FIRE, EXPLOSION, VANDALISM, WIND OR WATER DAMAGE, ACTS OF GOD, OR ANY DEFECT, WHETHER KNOWN OR SUBSEQUENTLY CREATED OR DISCOVERED IN THE FACILITY, OR ACTS OR OMISSION BY ANY THIRD PARTY, EXCEPT WHEN SUCH DAMAGE IS CAUSED OR DIRECTLY CONTRIBUTED TO THE NEGLIGENCE OF THE SHOP CLUB, ITS AGENTS OR EMPLOYEE(S). THE SHOP CLUB ASSUMES NO LIABILITY FOR DAMAGE OR INJURY RESULTING FROM FAULTY BRAKES OR OTHER MECHANICAL FAILURE, FROM STORAGE ON AN AUTO LIFT, OR FROM OWNER LEAVING VEHICLE IN GEAR, OR OWNER’S FAILURE TO SET BRAKES PROPERLY, OR TO CURB WHEELS. IN NO EVENT SHALL THE SHOP CLUB’S LIABILITY EXTEND TO PAYMENT FOR LOSS OF USE OF A VEHICLE, OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS OF ANY PERSONAL PROPERTY LEFT IN A VEHICLE.
11. Damage to Facility: The Owner shall not commit or permit any injury or damage to the Facility or other property of Shop Club, or other vehicles stored in the Facility. The Owner shall not affix any items to the walls, doors, or ceiling of the Facility. The Owner agrees that neither the Owner nor any of the Owner’s invitees, licensees, guests, or other persons granted access to the Facility (“Owner’s Agents”) shall cause any damage to the property of The Shop Club, or any other vehicle, or cause any disturbance to or interference with The Shop Club’s, or other Owner use and enjoyment of the Facility. The Owner shall be fully liable for and shall hold The Shop Club harmless from any damages if caused by the Owner’s willful breach of its duties under this Agreement, Owner’s negligence, or the willful unauthorized acts or negligence of the Owner’s Agents.
12. No Transfer or Assignments: The Owner’s rights under this Agreement are non-transferable. The Owner shall not transfer or assign any portion of the Owner’s leased space in the Facility, or any of the Owner’s rights under this Agreement, without prior written consent of The Shop Club.
13. Indemnification: The Owner hereby indemnifies and holds The Shop Club harmless from and against all claims for damages to the property, or for personal injury arising out of the Owner’s use of the Facility, and any equipment or fixtures located in the Facility by Owner, including without limitation, the actions of the Owner’s Agents. The Owner shall make no claim against The Shop Club for, or on account of, any personal injury sustained, or any theft or loss regardless of its nature.
14. Owner’s Use of Facility: The Owner shall use the Facility for the storage of the Vehicle only. Storage of the following is/are prohibited, including but not limited to: a) livestock, b) food, c) inherently dangerous material, d) illegal and/or prescription drugs, e) flammable material, f) toxic material, and g) explosives.
15. Condition and Alteration of the Space: The Owner hereby acknowledges that the Owner has examined the Facility and accepts it “as is”. The Owner shall promptly pay The Shop Club for any repairs of the Facility resulting from damage caused by the Owner or by the Owner’s Agents’ negligence or misuse. All costs necessary to restore or repair the Facility caused by the Owner or the Owner’s Agents’ damage shall be the sole responsibility of the Owner.
16. Advertising and Promotion Release: The Shop Club, its duly authorized agents and assigns, may use the Owner’s name, likeness, and photographic, videotape, and other images of the Owner, or his/her motor vehicles, in any way, and for any lawful purpose, and the Owner hereby relinquishes all rights thereto.
17. Default: A breach of this Agreement by the Owner may result in the termination of this Agreement by The Shop Club in its sole reasonable discretion. The Owner shall immediately remove the Vehicle from the Facility upon written demand for its breach or failure to comply with this Agreement. If the Owner breaches or fails to comply with the terms of this Agreement and fails to remove the Vehicle from the Facility, The Shop Club reserves the right to remove the Vehicle from the Facility, at the Owner’s sole cost and expense. The terms of this paragraph are subject to the late charge in Section 8, and to Washington State’s lien laws, as referenced in Section 9. Any damage to The Shop Club’s premises or Facility will constitute a default under the terms of this Agreement.
18. Attorney’s fees and Auction Costs: If the Owner breaches this Agreement, and The Shop Club commences a lawsuit against the Owner, or sells the Owner’s property as permitted herein, the Owner shall pay all associated fees, court costs, and legal fees of The Shop Club.
19. Severability: In the event that any one paragraph or clause contained herein is found as a matter of law to be illegal, or unenforceable, the same shall not affect the interpretation or enforcement of this Agreement as a whole, and the remainder of the Agreement shall remain in full force and effect.
20. No Waiver: Failure of The Shop Club to timely enforce any paragraph or clause of this Agreement as a result of the Owner’s default with respect thereto shall not be deemed to be a waiver of The Shop Club’s right of enforcement with respect to such paragraph or clause.
21. Subject Headings: Subject Headings are inserted herein for convenience only, and in no way shall be construed to define, limit, or affect the meaning of any paragraph or clause herein.
22. Jurisdiction and Venue: The laws of the State of Washington shall govern the validity, performance, and enforcement of this Agreement. The venue with respect to any proceeding, legal or equitable, shall be in King County.
23. Succession: All of the provisions hereof shall apply to and bind the heirs, executors, administrators, representatives, and successors of the parties hereto.
24. Regulations: The Shop Club reserves the right from time-to-time to enact rules or regulations which may affect the Facility, and those rules or regulations shall be binding upon the Owner thirty (30) days after notice thereof is emailed by The Shop Club to the Owner.
25. Fire Inspections: In compliance with the directive from the Fire Marshal, the local fire Marshal’s office, in accordance with state and local laws, may require the conduct of periodic fire safety inspections of all commercial properties including storage facilities. When The Shop Club is contacted by the Fire Marshall to perform an inspection, The Shop Club or The Shop Club’s employee or agent will be present at inspection. The Owner will indemnify The Shop Club for damages, fees, fines, and costs incurred by The Shop Club as a result of violations levied against the Owner pursuant to the terms of this Agreement. In situations where fire violations are not corrected as directed by the Fire Marshall, The Shop Club reserves the right to take any corrective action deemed necessary to protect the safety and belongings of the Owner and the Facility, at the sole cost and expense of the Owner.
26. Fluid Leaks and Liability: The Owner shall take whatever actions are necessary to prevent fluids from leaking from the Vehicle that it stores at the Facility. Notwithstanding the above, if fluids leak from the Vehicle that the Owner stores at the Facility, then The Shop Club may give the Owner written notice of such leaks and if the condition is not cured within three (3) days of such notice, then this Agreement shall be deemed in default and The Shop shall remove the Vehicle from the Facility or the Owner may remove the Vehicle at the Owner’s sole cost and expense. Also, the Owner shall be liable for damage to other vehicles, and any and all costs necessary to clean or abate any condition at the Facility resulting from such fluid leaks as more fully detailed in the indemnification clause provided below. FURTHER TO SECTION 13 (INDEMNIFICATION), THE OWNER, FOR ITSELF, AND ITS SUCCESSORS AND ASSIGNEES SHALL INDEMNIFY, DEFEND, AND HOLD THE SHOP CLUB, ITS SUCCESSORS, ASSIGNS, OWNERS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY
CLAIMS, DEMANDS, LIABILITIES, AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, AND COURT COSTS) ARISING OUT OF OR IN CONNECTION WITH ANY ENVIRONMENTAL CONTAMINATION OR POLLUTION TO THE FACILITY, OR HAZARDOUS SUBSTANCE DIRECTLY RESULTING FROM ITS STORAGE OF THE OWNER’S VEHICLE AT THE FACILITY. THE OBLIGATION OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN ADDITION, THE OWNER AGREES TO HOLD HARMLESS PERSONNEL OR EMPLOYEES OF THE SHOP CLUB FOR ANY REPAIRS MADE TO VEHICLES ON THE PREMISES.
27. Prohibited Conduct: The Owner is prohibited from bringing alcoholic beverages and illicit drugs of any nature into the Facility. The Owner agrees to observe all posted signs for motor vehicles. In addition, the Owner is prohibited from smoking or carrying any open flames of any nature on or into the Facility, except for the smoking of cigars in the designated cigar room.
28. Entire Agreement: This Agreement contains the entire Agreement between the parties, and same cannot be changed, modified, or altered except by a written document.
You must inform The Shop by email if you are terminating your storage contract. All requests for changing the status of your storage must be made by email.
Storage fee is $200/month
This Agreement is dated and effective as of 05/18/2021