DEFINITIONS

1. “Drop-Off Application” shall mean the online form submitted on the Storer’s website by the Owner, providing the Owner’s first name, last name, phone number, email address, Items Stored, dimensions of Items Stored, an image of the Items Stored, drop off date, and driver’s licence;

   
   

2. “Items Stored” shall mean the property that the Owner has described on the Drop-Off Application that was submitted online, and that the Storer has agreed to store;

   
   

3. “Owner” shall mean the party storing their property at the Warehouse Facility;

   
   

4. “Parties” shall mean the Storer and Owner collectively;

   
   

5. “Storer” shall mean Hangar Number Three Ltd.;

   
   

6. “Warehouse Facility" shall mean the storage facility located at 225 Anson Street, Gimli, Manitoba;

PROVISION OF WAREHOUSE FACILITY

1. Subject to this Storage Agreement, the Storer shall allow the Owner to store the Items Stored at the Warehouse Facility.

2. In the event that new/additional items are stored at the Warehouse Facility which are not submitted as Items Stored on the Drop-Off Application, and a new storage agreement has not been reduced in writing between the Storer and the Owner, then this Storage Agreement, as indicated herein, shall govern, insofar as it is applicable, until such time that said new storage agreement has been duly executed by the Storer and Owner.  

BASIS OF CHARGES 

Any charge made with respect to the Items Stored shall conform to the Storer’s rates and charges indicated on its website or as or tariff in effect at the time the service is performed.

TERM

The provisions of this Storage Agreement respecting the storage of the Owner’s Items Stored at the Warehouse Facility shall commence and be effective as of the drop-off date as agreed upon between the Parties and shall continue until the end date as agreed upon between the Parties. Unless otherwise agreed upon between the parties, winter storage shall be from fall until the end of May, the following year. Any overholding shall be charged at double the rate on a monthly basis.

ACCESS AND INSPECTION

1. Access to the Warehouse Facility, and the Items Stored therein, is limited to the months of May until November of each calendar year. The Owner will not be granted access to the Warehouse Facility outside of said duration, unless the Storer, in their sole discretion, deems otherwise. 

2. The Owner, or its authorized representative, may, between the months of May and November of a calendar year, have access to the Warehouse Facility and the Stored Items at any reasonable time, provided that the Owner delivers one weeks’ written notice to the Storer.

ASSIGNMENT / SALE OF ITEMS STORED

Without the prior written approval of the Storer, the Owner shall not assign this Storage Agreement or the use of the Warehouse Facility or any part of such interest. If the Owner sells the Items Stored and the new owner wishes to keep the Items Stored in storage at the Warehouse Facility, the Owner shall give immediate written notice to the Storer of the change in name and registration of the Items Stored, as well as the contact information of the new owner, and subject to the other Terms and Conditions contained herein, the Stored Items shall be immediately removed from the Warehouse Facility, with the costs of such removal being the sole responsibility of the Owner. 

STORAGE TEMPERATURE

The Warehouse Facility is heated. Should the heating system, or any backup heating system fail, the Storer shall take reasonable efforts to ensure the heating system is restored. Notwithstanding the above, the Owner hereby acknowledges that the Storer and/or Warehouse Facility shall not be liable for any loss or damage to the Stored Items and agrees to indemnity and save harmless, the Storer and Warehouse Facility from any and all liabilities, damages, costs and expenses resulting from any action arising out of the temperature of the Warehouse Facility.The Warehouse Facility does not provide winterizing services. The Owner is responsible for ensuring that all of the Stored Items are prepared for storage over winter. 

USE OF PREMISES

The Owner acknowledges the unit is not to be used as a dwelling, place or business, for any illegal activities, or for any purposes other than storage of the Items Stored. 

STORER’S LIEN 

1. The Storer may place a lien against any of the Items Stored for amounts due in respect of the use of the Warehouse Facility, the cost of repairs for any damage caused to the Warehouse Facility by the Owner, or any partner, director, officer, employee, agent, lessee, contractor, servant, and/or guest of the Owner, and for any other debt of the Owner due to the Storer under the terms of this Storage Agreement. The Storer may give notice of the lien to the Owner, subject to The Warehouseman’s Lien Act, C.C.S.M. c. W20, and/or The Garage Keepers Act, C.C.S.M. c. G10, and the accompanying regulations thereto.

OTHER ITEMS

1. With the exception of the Items Stored, the Owner shall not store supplies, accessories, perishable foods, debris, goods, chattels, fixtures, or personal property, live animals, or illegal or prohibited items in the Warehouse Facility. 

INSURANCE

1. Items Stored covered by this Storage Agreement are not insured by the Storer.

2. The Owner hereby acknowledges and agrees to put into effect and maintain for the duration of this Storage Agreement, at its own costs and expenses entirely, complete coverage insurance for the Items Stored. The Owner shall provide the Storer with proof of its coverage when the Owner signs this Storage Agreement and when the insurance is renewed.

LIABILITY OF STORER 

1. The quality, condition, contents and value of the Items Stored are not known to the Storer except as declared by the Owner and described on the Drop-Off Application. 

2. This Storage Agreement is for the provision of a storage facility only, and the storage services, equipment and the Warehouse Facility are to be used entirely at the risk of the Owner or their servant and any partner, director, officer, employee, agent, lessee, contractor, and/or guest of the Owner.

3. Without limiting the generality of the foregoing, it is explicitly declared that all Items Stored are stored at the Owner’s risk of loss or damage caused by or through inaccuracies, obliteration or absence of marks, numbers, address or description, act of God, irresistible force, enemies of the King, civil or military authorities, insurrection, riot, strikes, terrorist acts, picketing or any other labour trouble, water, steam, sprinkler leakage, floods, rain, wind, storm, fire, frost, vermin, heating or corruption, deterioration, drainage, dampness, rust, decay, collapse of the building, inevitable accident, depreciation or perishing by a lapse of time, changes in temperature, interruption or loss of power, contact with or odors from other fixtures/goods/chattels/personal property/real property, inherent defects, lack of any special care or precaution, injury to fixtures/goods/chattels/personal property/real property insufficiently protected or arising from the nature of the Items Stored, loss in weight, insufficient cooperage, boxing, crating or packing, ordinary wear and tear in handling, leakage, concealed damage or any cause or failure to detect any of the foregoing. All storage and other applicable charges must be paid on Items Stored which are stored for an additional time, or lost or damaged by any of the above causes.

4. Where loss, damage or destruction occurs to the Items Stored, the Owner shall be responsible for the cost of removing and disposing of such Items Stored and site remediation resulting from the loss, damage or destruction to the Items Stored.

5. The Storer and/or Warehouse Facility shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind.

INDEMNIFICATION

1. The Owner shall indemnify and hold harmless the Storer, the Warehouse Facility, and all of their directors, officers, servants, employees and agents from and against the Claims, by whomever made, sustained or brought, including for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributed to anything done or omitted to be done by the by the Owner, its servant, partners, directors, officers, employees, agents, contractors, or lessees, during the course of using the Warehouse Facility or any of the services, equipment, or other facilities used by the Owner, or by its servants, partners, directors, officers, employees, agents, contractors, or lessees. 

2. The Owner represents and warrants that it is lawfully possessed of the Items Stored and has the right and authority to store them with the Storer and the Warehouse Facility.

GENERAL 

1. The Storer may not terminate this Storage Agreement on fifteen day’s written notice to the Owner, without cause and without liability.

2. This Storage Agreement does not constitute, nor shall it be construed to constitute an employment relationship, agency relationship, partnership, or joint venture, between the Owner and the Storer. 

3. This Storage Agreement shall be governed and construed in accordance with the laws of the Province of Manitoba.

4. This Storage Agreement shall enure to the benefit and be binding upon heirs, executors, administrators, legal personal representatives of the Owner, and the successors, and permitted assigns of the Owner.

5. If any provision of this Storage Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability, shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall remain in full force and effect.

6. This Storage Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto.

7. No modification, waiver or variation of any kind of any of the terms herein shall be valid unless in writing and executed by both Parties as a formal amending agreement.

8. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of a similar nature. 

9. The headings preceding the paragraphs in this Agreement are inserted only for reference and convenience and shall not be used in the interpretation of this Agreement and in no way define or limit any of the provisions thereof.

10. The Owner represents and warrants that he or she has read and understood each and every provision of this Agreement.