RoyalBlue Protection Plan
Can claim up to a $1,000 limit on damages
RoyalBlue Protection Rider for Space #
Occupant: Unit: Date:
This RoyalBlue Protection Rider (“Rider”) is attached to and forms a part of the StorageBlue Self-Storage Agreement (“Agreement”) entered into by and between you (“Occupant”) and StorageBlue (“Owner”) for the use of the Premises at the Facility. This Rider applies only where Occupant does NOT have “Renter’s Insurance” or “Homeowner’s Insurance”, and has requested their property to be included in the RoyalBlue Protection Program, and Owner has received the required additional rent. Owner provides this service as a last resort if Occupant does not have insurance to protect their belongings.
Owner does not provide insurance coverage for your personal property, and this is not an insurance policy .
To the extent that you do not obtain comprehensive insurance to cover risks of loss to your property stored with Owner, you will not be protected for loss or damage to your property. The Agreement at paragraph 6 expressly limits Owner’s Risk of Loss, and explains that all of your property stored at the Facility is stored at your sole risk of loss, and that Owner is not liable for loss or damage of your property.
This Rider replaces paragraph 6, and provides that Owner will assume the risk of loss, up to specified limits and only for certain types of damage, as explained in this Rider.
1. Protection Plan.
In exchange for additonal rent, owner offers the RoyalBlue Protection Plan to provide limited protection against certain loss or damage. This Protection Plan is not an insurance policy and Owner and its employees are not insurance agents. Owner does not assume liability for loss or damage to the Occupant’s property as a result of events beyond the Owner’s control, and for which the Owner would not be liable for under the law. Owner’s liability under the Protection Plan and as offered in this Rider is limited to loss or damage occurring from the Owner’s negligence. The Protection Plan applies only to physical loss or damage to your stored personal property, and excludes loss or damage which may result from your loss of use to the property or the reduction in the market value of the property not resulting from physical damage.
A. Liability Amount and Payment.
Occupant is agreeing to up to $1,000 of protection under the protection program paid at .60 cents per pound As such, Occupant shall pay $12 per month in additional monthly rent, in addition to other monthly rental charges, and in exchange Owner shall assume the risk of loss on Occupant’s property stored with the Owner up to the amount of $1,000 in accordance with the terms set forth throughout this Rider. Payments under the protection program shall be made in the same manner as monthly rent under the agreement. If Occupant is storing anything with a higher value than $1,000, or if all items in the Occupant’s unit total a value higher than $1,000, we STRONGLY urge Occupant to carry a “Homeowner’s” or “Renter’s” insurance policy in additon to, or instead of this RoyalBlue protection rider to cover damages.
This RoyalBlue protection rider covers up to $1,000 on any claim, paid at .60 cents per pound up to $1,000.
2. Cancellation of Protection Program.
This protection program is contingent upon Owner receiving timely payment of monthly rent plus the additional rent due under the Agreement. If payment is not received within 10 days after the payment date, Owner may terminate this protection rider. If this rider is terminated, Occupant shall be responsible for all loss or damage that occurs to Occupant’s stored property. At Owner’s discretion, this rider may be reinstated upon receipt of all rental and protection program payments and any other charges due and owing under the agreement. In the event that Occupant has satisfied conditions of reinstatement, Occupant’s rights under this protection program addendum shall be reinstated retroactively immediately following payment in full. This protection program terminates upon termination of the agreement.
3. Unprotected Loss or Damage.
Owner will NOT be responsible for damage or losses to your property that is caused by the following:
· Theft, vandalism, mysterious disappearance, or malicious mischief as a consequence of forced entry (if there is no clear proof of tampering or if a police report has not been filed)
· Water damage caused by flood, rain, storm, act of god, waves, water spray (whether or not wind driven), surface or underground water, or water that backs up through or overflows from a sewer, drain, or sump
· Mildew, mold, wet or dry rot, atmospheric conditions and/or temperature changes (e.g. freezing), decay, or spoilage.
· Accidental discharges from plumbing, heating, air conditioning, or fire-protection systems.
· Mechanical breakdown, short-circuiting, blowout, or other electrical disturbance within the stored personal property.
· Wear and tear, gradual deterioration, or inherent defects
· Contaminants or other hazardous materials;
· Terrorist attack or military action;
· Your failure to take reasonable steps to save and protect your stored personal property before or after any loss or damage
· Actions by you or at your discretion, whether or not intended to damage the stored personal property
· Your violation of the Agreement
· Falling objects that cause no damage to the premises
· Vermin (including moths, insects, and rodents)
· Nuclear reaction, whether or not accidental (including radiation, radioactive, chemical, or biological contamination)
· All consequential losses resulting from lost or damaged property (e.g. Owner will not be liable for any damages that arise from the loss or damage of records or other information stored at the premises) under this rider, Owner only accepts the risk of loss as to the physical damage to property stored by the Owner.
· Loss or damage occurring during loading and/or unloading of property into or out of the Owner’s storage unit or the premises.
· Any other act or occurrence causing damage to property that is not a result of the negligence of the Owner.
4. Unprotected Stored Personal Property.
Owner will NOT pay for loss or damage to the following types of personal property, regardless of the cause of such damage
· Any goods that the Occupant is not permitted to store under the Agreement
· Contraband or stolen goods
· Antiques, works of art, mobile phones, perfumery, furs or clothing trimmed in fur, jewelry and watches, precious or semi-precious stones, wines, cigars
· Loss of data records other than the cost of blank data carrying materials
· Money, money orders, traveler’s checks, stamps, deeds, accounts, bills, securities, currency, notes, or evidence of debt
· Automobiles, RV’s, boats, or personal property stored within automobiles, RV’s, or boats.
· Property stored in the open and not in the Occupant’s locked and enclosed storage space.
· Alcohol, spirits, wine, or beer
5. Procedure for Seeking Reimbursement for a Loss Covered Under this Rider.
A StorageBlue “Storage Advisor”, or other such designee as chosen by Owner, will handle all claims made under the protection program. If Owner wishes to be reimbursed for a loss under the protection program, Owner shall:
· Notify the Owner’s front desk “Storage Advisor” at the time of the discovery of loss or damage to the property, or at the time of the removal of property from the unit, whichever occurs first and complete a Loss Notice report. No claim will be paid unless timely notice is provided.
· File a Loss Claim within 60 days of the submission of the Loss Notice Report. Owner will not be required to pay claims made more than 60 days after the discovery of the loss or damage. No claim will be paid unless a Loss Claim is timely filed.
· Obtain a police report in the event that the loss or damage to the stored property was the result of theft, vandalism, or malicious mischief as a consequence of forced entry.
· Re-secure, re-locate, or take such action as necessary to prevent additional loss or damage to your stored property
· Take photos or video to document the loss or damage, evidence of forced entry, or damage to the Premises as may be necessary for Owner to document your claim.
· Retain your damaged property inside unit until the Owner or its designee has advised you that you may discard it.
· Your claim will be evaluated under the terms of the agreement and this rider
6. Miscellaneous Provisions.
6.1 In the event that any provision of this rider conflicts with the agreement, this rider shall control.
6.2 Owner’s rights under this rider shall be void in any case of fraud, concealment, or misrepresentation by Owner related to this rider, stored personal property, ownership of such property, or the cause of loss or damage to such property
6.3 Owner shall not be required to compensate you for any loss or damage to your stored property to the extent such loss or damage has been compensated by a third party.
6.4 Your rights to payment under this rider shall be secondary to any other rights of recovery you may have. To the extent that you have insurance to cover the loss or damage, Owner will not be responsible for such loss or damage. In that case, Owner shall only be required to reimburse your deductible (subject to the limitations throughout this rider and the agreement) under any of your primary insurance policies if your insurance carrier actually pays your claim.
6.5 Before any payment is made to you under this rider, you agree to: (1) permit an inspection of the damaged property before it is disposed of or repaired; (2) provide a sworn statement of loss containing such information as Owner or designee may reasonably request; (3) agree to an examination under oath at the request of Owner or its designee; (4) produce other parties as Owner or its designee may request for examination under oath; (5) provide Owner or its designee with records or documentation required to prove the loss or damage; and (6) cooperate with Owner or its designee’s investigation of any claims under the protection plan.
6.6 From time to time, Owner may modify the terms of this rider by written notice, signed by an authorized StorageBlue representative, which shall be emailed or mailed to the Occupant at the address on file with StorageBlue. Such modifications shall become effective upon mailing.
6.7 Upon notice to the Occupant, Owner has the right to designate a third party to adjust any and all claims made under the protection plan, with such decisions binding upon the Owner and Occupant.
7. ARBITRATION; FORUM SELECTION CLAUSE: WAIVER OF JURY TRIAL; WAIVER OF CLASS ACTION (***PLEASE READ THIS SECTION CAREFULLY AS IT CONTAINS LIMITATIONS ON WHEREN AND HOW YOU CAN RESOLVE DISPUTES UNDER THIS AGREEMENT***)
In the event of any claim, dispute, or controversy between the Owner and Occupant related to this Agreement or related to any performance of any services related to this Agreement, the claim, dispute, or controversy shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. Arbitration shall be conducted by the American Arbitration Association (AAA) and the AAA’s Consumer Arbitration Rules shall apply to the arbitration of any dispute under this Agreement or related to this Agreement. The Arbitration shall take place in either Hudson, Bergen, or Essex County, New Jersey.
By sigining this Agreement, you are waiving your right to have any claim, brought under any law or statute, to be decided by a jury. Any claim you may have related to this Agreement will be decided in arbitration. Be aware that the rules in arbitration are different. There is no judge and no jury. Review of the arbitrator’s decision is limited. Agreeingn to arbitration means that both the Owner and Occupant are waiving the right to have any claim, dispute, or controversy decided by a jury, and that all disputes of any kind that relate to this Agreement will be submitted to an arbitrator. By agreeing to arbitration in siging this Agreement, this means that you understand and agree that you are waiving the right to bring other available resolution processes, such as a lawsuit in court, an administrative proceeding to settle your dispute, or a class action. Agreeing to arbitration also means that you are waiving your right to bring any claim whatsoever in court, including those claims based on the violation of a staute or regulation, or any other class-action claims, and that instead any claim you may have under any law, statute, common law, or legal principle, must be decided by an arbitrator. There is no limitation to the types of claims that must be arbitrated.
If for some reason this arbtiration provision will not be applied, both the Owner and Occupant waive a trial by jury in any legal proceeding. This means that instead of a jury deciding your case, a judge will decide any claim you have, whether based on a violation of common law or statute. Any claim, demand, or right of Occupant, and any defense to a suit against Occupant, that arises out of or is related to this Agreement, or involves the storage of property under this Agreement (including, without limitation, claims for damage to stored property) that is not subkect to arbitration shall br brought in the Courts of the State of New Jersey, Hudson County.
By signing this rider, Occupant acknowledges and agrees to the above terms, acknowledges having had the opportunity to read the above terms, understands these terms, and agrees to be bound by them. StorageBlue acknowledges to offer protection at the limit specified above in paragraph 1(A) of this rider, subject to the terms set forth in this rider and the Agreement.
NOTICE: This limited retention of liability is not an insurance policy and the Owner is not an insurance company. The Owner assumes this business risk on its own, but it may purchase insurance coverage to transfer part or all of the liability retained under this agreement.
$1,000 limit paid at .60 per pound