RENTAL AGREEMENT

5. BENEFICIARY: Complete only if you want to name a Beneficiary direct access upon your death. Note: Tenant is to provide their safe deposit keys for access. Guardian Vault is not responsible for providing this access.

6. PURPOSE AND DESCRIPTION OF PREMISES: The parties have entered into this Agreement for the purpose of renting a storage space safe deposit box described above of this Agreement (“Safe Deposit Box”) with the express understanding and agreement that NO BAILMENT OR DEPOSIT OF GOODS FOR SAFEKEEPING IS INTENDED OR CREATED HEREUNDER. Tenant shall have access to the

Premises only during such hours and days as are regularly posted at the Premises. Tenant hereby agrees,

acknowledges and covenants its express understanding of each of this following: (i) the Safe Deposit Box is included in a larger self-storage facility vault of safe deposit boxes at the Premises containing similar rented spaces for use of other tenants; (ii) Tenant has had the opportunity to measure the Safe Deposit Box; and (iii) the Safe Deposit Box and Premises and common areas within the Premises are satisfactory for all purposes for which the Tenant shall use the Safe Deposit Box or Premises.

7. TERM: The term of this Agreement shall commence on the date of the Agreement is executed as of the

Contract Date noted above and shall continue until ________________. 

Initial Term is left blank, the termination date will based on the scheduled Rent due date as noted in Section 2. For example, if an annual rental is selected, the Initial Term will be one year from the Rent Commencement Date. Should Tenant hold over and retain the Safe Deposit Box beyond the Initial Term, then this Agreement shall continue on a month-to-month basis, and this Agreement may thereafter be terminated by either Tenant or Guardian upon thirty (30) days advanced written notice to the other. Upon vacating, Tenant must leave the Safe Deposit Box clean and free of debris and return the Safe Deposit Box keys. In the event any keys are not returned by Tenant, Tenant shall reimburse Guardian for all costs incurred by Guardian to replace said keys, including without limitation the costs charged by a locksmith to switch out the locking mechanism.

8. RENT: Tenant shall pay Guardian the Rent as set forth above in Section 2 for the Initial Term, plus any applicable tax imposed by any taxing authority. The initial Rent payment shall be paid by Tenant to Guardian on the date of execution of this Agreement and will be pro-rated for move-in date if applicable. Subsequent payments of Rent are due as set forth in Section 2 according to the payment plan choice set forth in Section 2. No statements or reminders will be sent by Guardian concerning the payment of Rent. Tenant understands that Rent is not pro-rated at the time of move-out for lease on a monthly basis. After the expiration of the

Initial Term of this Agreement, Guardian may change the Rent or any other charge or fee by giving Tenant thirty (30) days advanced written notice at the address and email address listed in this Agreement.

9. STORAGE SPACE; SAFE DEPOSIT BOX KEY: Upon mutual execution of this Agreement and payment of first amounts owing for Rent, the Tenant will be issued two (2) keys to the Safe Deposit Box. TENANT ACKNOWLEDGES THAT THESE ARE THE ONLY KEYS AVAILABLE TO OPEN TENANT’S SAFE DEPOSIT BOX, AND THAT GUARDIAN DOES NOT HAVE A MASTER KEY TO THE TENANT’S OR ANY OTHER SAFE DEPOSIT BOXES AT THE PREMISES. In the event a key is lost, at Tenant’s expense, Guardian will arrange for a locksmith to open up the Safe Deposit Box and/or replace the missing key with the manufacturer of the safe deposit boxes.

10. ACCESS: Tenant’s access to the Premises and Safe Deposit Box may be conditioned in any manner deemed reasonably necessary by Guardian and the Owner of the Premises. Such measures may include but are not limited to, limiting hours of operations and requiring verification of the Tenant’s identity.

11. CHARGES AND FEES: Tenant agrees to pay Guardian the late fee stated above in Section 2 if Rent is received five (5) or more days after the date Rent is due. Tenant also agrees to pay Guardian the fees stated above for any dishonored or returned check, lost key fees, locksmith charges and false alarm fees. These fees will be applied to the Tenant’s account each month Tenant’s account is delinquent and shall be cumulative. Tenant shall also pay Guardian’s costs to cover expenses incurred in exercising Guardian’s lien rights as provided by law. These fees and charges are considered additional Rent due under this Agreement. Payments made by Tenant will always be applied first to the oldest charges on the Tenant’s account. Tenant further agrees to pay all fees as authorized by law.

12. USE OF STORAGE SPACE: Guardian is not engaged in the business of storing goods for hire and no bailment is created under this Agreement. Tenant agrees that Guardian does not exercise care, custody, or control over Tenant’s property located in the Safe Deposit Box. Unless otherwise approved in writing by Guardian, Tenant agrees to use the Safe Deposit Box only for the storage of property wholly owned by Tenant. In no case may Tenant store any flammables, stolen property, perishables, hazardous or toxic materials, explosives, ammunition, anything alive or dead, food of any type, or any illegal items. Tenant shall comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning the Safe Deposit Box and its use. Nothing herein shall constitute any agreement or admission by Guardian that Tenant’s stored property has any value.

13. INAPPLICABLITY OF RCW 22.28: Guardian and Tenant hereby agree, acknowledge and covenant that RCW Chapter 22.28 is not applicable to this Agreement by and among Guardian and Tenant, and both parties further disclaim any rights, duties or obligations thereunder.

14. DEFAULT; INTEREST: Tenant shall be in “Default” under this Agreement should Tenant fail to make any payment of Rent or any other monies due and owing under this Lease precisely when due. Upon the occurrence of any Default, any and all Rent and other monies past due shall accrue interest at the rate of twelve percent (12%) per annum. A Default shall only be deemed cured if all Rent and all other monies due under the Agreement, plus all interest, costs, charges and other fees due under this Agreement have been paid in full to Guardian.

15. NOTICE OF LIEN: Upon the occurrence of any Default, and pursuant to RCW § 19.150.020, any and all personal property placed in the Safe Deposit Box by shall be subject to a claim of lien for unpaid Rent and other charges for which Tenant is in Default.

16. DENIAL OF ACCESS UPON DEFAULT: Upon the occurrence of a Default by Tenant which continues for more than six (6) days, Guardian may deny Tenant access to the Safe Deposit Box until the Default is cured.

17. NOTICE – SALE OF PERSONAL PROPERTY UPON DEFAULT: Upon the occurrence of a Default by Tenant which continues for more than fourteen (14) days, Guardian may provide Tenant with a written notice in compliance with RCW § 19.150.050 (such being referred to herein as a “Termination Notice”), which Termination Notice shall be sent to Tenant’s last known address, as well as to Tenant’s Alternative Contact Person’s address set forth in Section 4, and Secondary Access Person’s address set forth in Section 5.

18. ATTACHEMENT OF LIEN: In the event Tenant fails to cure the Default within fourteen (14) days of receipt of the Termination Notice, then Guardian may access the Safe Deposit Box, inventory the personal property therein, and remove any personal property found therein (the “Personal Property”), and move it to a place of safe keeping. When it has done so, Guardian shall provide Tenant a notice of final lien sale or final notice of disposition (either being referred to as the “Final Notice”), either of which notices shall be sent by personal service or certified mail to Tenant’s last known address and the Alternative Contact Person’s address, and Secondary Access Person’s address. The Final Notice shall state the following:

(a) to the Premises, Safe Deposit Box or the Personal Property; That Tenant’s right to use the Safe Deposit Box has terminated and that Tenant no longer has access 

(b) That the Personal Property is subject to a lien of all amounts due and owing to Guardian under this Agreement, and the amount of the lien accrued and to accrue prior to the date required to be specified in Section 18(c) below;

(c) That all of the Personal Property, other than personal papers and personal photographs, may be sold to satisfy the lien no less than 5 years following the Default, unless the amount of the lien is paid. Guardian shall not be required to sell the Personal Property within any particular time period. If the total value of the Personal Property is less than $300.00, Guardian may, instead of sale, dispose of the property in any reasonable manner, subject to the restrictions of RCW 19.150.080(4 After the sale or other disposition pursuant to this section has been completed, Guardian shall provide an accounting of the disposition of the proceeds of the sale or other disposition to the Tenant’s last known address and to the Alternative Contact Person’s address, and Secondary Access Person’s address.

(d) Any excess sales proceeds over the lien amount and reasonable costs of sale will be retained by Guardian and may be reclaimed by Tenant at any time for a period of six months from the sale and that thereafter the proceeds will be turned over to the state of Washington as abandoned property.

(e) Any personal papers and personal photographs will be retained by the Guardian and may be reclaimed by the occupant (upon cure of the Default) at any time for a period of six months from the sale or other disposition of the Personal Property and that thereafter Guardian may dispose of the personal papers and photographs in a reasonable manner, subject to the restrictions of RCW 19.150.080(3)

Notwithstanding any term herein to the contrary, Tenant may cure the Default (including without limitation the payment of all Rent, and all accrued interest and other costs and fees due to Guardian under this Lease) prior to any sale, in which case all Personal Property shall be returned to Tenant, but Tenant shall have no right to further use of the Safe Deposit Box or the Premises.

19. INSURANCE; RELEASE OF LIABILITY: ALL PERSONAL PROPERTY IS STORED BY TENANT AT TENANT’S SOLE RISK. INSURANCE IS TENANT’S SOLE RESPONSIBILITY. TENANT UNDERSTANDS THAT GUARDIAN WILL NOT INSURE TENANT’S PERSONAL PROPERTY AND THAT TENANT IS OBLIGATED UNDER THE TERMS OF THIS AGREEMENT TO INSURE HIS OR HER OWN GOODS.

To the extent Tenant’s insurance lapses or Tenant does not obtain insurance coverage for the full value of Tenant’s personal property stored in the Safe Deposit Box, Tenant agrees Tenant will personally assume all risk of loss. Guardian, Guardian’s owners, members, managers, officers, affiliates, agents and employees (collectively “Guardian Personnel”) will not be responsible for, and Tenant hereby releases Guardian Personnel from any responsibility for any loss, liability, claim, expense or damage to property that could have been insured (including without limitation any Loss arising from the active or passive acts, omission or negligence of Guardian Personnel) (the “Released Claims” Tenant waives any rights of recovery against Guardian’s Personnel for the Released Claims, and Tenant expressly agrees that the carrier of any insurance obtained by Tenant shall not be subrogated to any claim of Tenant against Guardian’s Personnel. The provisions of this paragraph will not limit the rights of Guardian Personnel under Section 20.

20. LIMITATION OF GUARDIAN PERSONNEL LIABILITY; INDEMNITY: Guardian Personnel shall have no responsibility to Tenant or to any other person for any loss, liability, claim, expense, damage to property or injury or to person or any other damage of any and every kind and description (collectively, “Loss”) from any cause whatsoever, including without limitation, Guardian Personnel’s active or passive acts, omissions, negligence or conversion, unless the Loss is directly caused by Guardian Personnel’s fraud, willful injury or willful violation of law. Tenant shall indemnify and hold Guardian Personnel harmless from and defend any and all Loss or other loss incurred by Guardian Personnel, or any of them, in any way arising out of Tenant’s use of the Safe Deposit Box or use of the Premises including, but not limited to, claims of injury or loss by Tenant’s Alternative Contact Person or Secondary Access Person, Beneficiary or any other persons.

21. TERMINATION: In addition to Guardian’s rights to terminate this Agreement upon a Default, Guardian may terminate this Agreement: (1) at the expiration of any period or term by giving written notice to Tenant by first class mail, at the last known address provided to Guardian in writing by Tenant as provided in this Agreement, not less than seven (7) days before the expiration of the term, or (2) if Owner terminates its lease with Guardian or otherwise terminates Guardian’s right to use of the Premises. Upon termination, Tenant shall, within ten (10) days of written notice of said termination, remove all of its personal property from its Safe Deposit Box.

22. RULES AND REGULATIONS: Guardian shall have the right to establish or change the hours of operations for the Premises and to issue rules and regulations for proper conduct and good order on the Premises. The rules and regulations posted in a conspicuous place at the Premises are made a part of this Agreement and Tenant shall comply at all times with such rules and regulations. Guardian shall have the right from time to time to promulgate amendments to the rules and regulations. Upon the posting of any such amendments or additions in a conspicuous place at the Premises, they shall become a part of this Agreement.

23. SUBLEASE: Tenant shall not assign this Agreement or sublet the Safe Deposit Box.

24. SEVERABILITY: If any provision of this Agreement shall be held to be invalid, this Agreement shall be considered to be amended to exclude any such invalid provision and the balance of the Agreement shall be read independently of the invalid provision and shall remain in full force and effect.

25. GOVERNING LAW/VENUE: This Agreement shall be subject to and governed by the laws of the State of Washington. Venue for any action arising under the terms of this Agreement shall be in King County Superior Court, Seattle, Washington.

26. WAIVER: The failure of Guardian to enforce any provision of this Agreement shall not constitute a waiver of Guardian’s right to do so thereafter, nor shall it give rise to any cause of action or defense on the part of the Tenant.

27. SURVIVAL OF AGREEMENT PROVISIONS: The payment, indemnity and release of liability provisions hereof shall survive the expiration or termination of this Agreement, and shall bind and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.

28. NO WARRANTIES; ENTIRE AGREEMENT: Guardian hereby disclaims any implied or express warranties, guarantees or representations of the nature, condition, safety or security of the Safe Deposit Box and Premises. This Agreement contains all of the understandings and agreements between Guardian and Tenant with respect to the lease or rental of the Safe Deposit Box and supersedes and replaces any prior oral or written agreements with respect thereto. Except as otherwise provided herein, the terms of this Agreement may be modified, amended or supplemented only a writing which has been signed by both Guardian and Tenant.

29. NOTICE: Notice or other communications given under this Agreement shall be deemed effective if given in writing and delivered in person, emailed or text to person, or mailed by overnight delivery, registered or certified mail, return receipt requested, first class, postage prepaid, addressed to Tenant's address and to Tenant’s Alternative Contact Person’s address and to Secondary Access Person’s address (or, if notice is to Guardian, to Guardian’s address), as the case may be, or to such other address as either party shall designate by giving notice thereof to the other party. In the event the Tenant is renting a Safe Deposit Box anonymously, Tenant must provide either an Alternative Contact person in Section 4 or verifiable cell phone number or email address in Section 2. The date of service of any notice given by mail shall be the date on which such notice is deposited in the U.S. mails or deposited with such overnight delivery service.

32. ASSIGNMENT BY GUARDIAN: Guardian shall have the right to freely assign this Agreement without notice to or the consent of Tenant.

33. ATTORNEY’S FEES: Should either party hereto institute any action or proceeding in court to enforce any provision hereof or for damages or for declaratory or other relief hereunder, the prevailing party shall be entitled to receive from the losing party, in addition to court costs, such amounts as the court may adjudge to be reasonable as attorney's fees for services rendered to said prevailing party, and said amount may be made a part of the judgment against the losing party. In addition to, but not in the limitation of the foregoing, should Guardian hire an attorney in connection with any Default, Tenant shall reimburse Guardian for the reasonable attorney’s fees incurred by Guardian in connection therewith, even if no suit or other action is ever filed.

34. GUARDIAN AND TENANT HEREBY KNOWINGLY AND VOLUNTARILY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY DISPUTE, WHETHER IN CONTRACT, TORT, OR OTHERWISE ARISING OUT OF, IN CONNECTION WITH THIS AGREEMENT.