TERMS AND CONDITIONS

FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby irrevocably acknowledged, the parties hereto agree to the following:

1. Unit: You hereby rent the Unit beginning on the Start Date from Madoc Discount Storage pursuant to the terms and conditions set forth herein.

The Unit is included in a larger facility located at Madoc Discount Storage’s address shown above which contains similar leased premises and common areas as may be designated from time to time by Madoc Discount Storage for use by You and others.
The entire facility is hereinafter referred to as the “Property”. You acknowledge that you have inspected the Unit and, except as may be noted below, You acknowledge that the Unit is in good condition and repair
You shall not make, authorize or effect any repairs or improvements or alterations of any kind to the Unit or the Property including but not limited to the usage of any hooks, screws, shelving or fixtures to the walls or ceiling of the Unit.

1. Term: The term of this Agreement shall commence on the Start Date and shall continue from month to month thereafter until terminated in accordance with the term and conditions set forth herein.
2. Fees and Charges:
1. Rent: You shall pay the Rent to Madoc Discount Storage for the use of the Unit, without abatement, deduction, set-off, prior notice, demand or billing statement, plus any applicable taxes, on the Start Date and payable thereafter on the first day of the calendar month (the “Rent Date”).

Madoc Discount Storage may increase the current Rent upon 30 days’ prior written notice to You.
You shall continue to pay Rent until (i) the Unit is returned to Madoc Discount Storage, clean and empty of goods; (ii) all outstanding amounts are paid in full; and (iii) the Unit is repaired or replaced and fit for subsequent rental.

1. Late Charge: If You fail to pay the Rent by the Rent Date, You shall pay, in addition to any other amounts due, the “Late Charge” as additional rent and Madoc Discount Storage shall have the right, but not the obligation to place its own lock on the Unit, not to be removed until all outstanding amounts are paid by You. In the event that Madoc Discount Storage cannot place a lock on the Unit, you give your permission for your lock to be removed and Madoc Discount Storage’s lock to be place on the Unit.
2. Lien Handling Charge: If You are delinquent in the payment of Rent or other charges due under this Agreement for more than 31 days, You shall pay a “Lien Handling Charge" as follows:

$20 for registered letter (due 31 days after Rent is not paid; whether or not sale occurs) and $500 for sales costs to dispose of contents if Your Unit does not include an automobile or automobile like item or $1,000 if Your Unit does contain a car or car like item.
The Lien Handling Charge shall be paid to Madoc Discount Storage for Madoc Discount Storage’s costs in processing the delinquent account, whether or not a sale occurs, and Your account will be billed for any sale costs.

1. Cleaning Fee: If You abandon the contents of Your Unit without removing or disposing of Your Unit’s contents or fail to vacate the Property in good and clean condition or fail to deliver the Unit to Madoc Discount Storage in the same condition as delivered to You on the Start Date, You shall pay a “Cleaning Fee” of $200 to Madoc Discount Storage. Madoc Discount Storage reserves the right to increase this Cleaning Fee or charge additional cleaning fees at Madoc Discount Storage’s sole discretion.
2. Taxes: You assume all responsibility for, and will promptly pay when due, all taxes and other amounts imposed by any governmental authority, and all license and permit fees payable in connection with this Agreement.
3. Returned Checks: You will be charged a fee of $20 per returned check (the “Returned Checks” amount) for any check returned by the issuing financial institution.
1. Maintenance and Repair of the Unit: You shall immediately notify Madoc Discount Storage of any maintenance or repairs required for the Unit. Madoc Discount Storage will undertake such work that it deems necessary at its sole discretion.
2. Use of Unit and Compliance with Law: The Unit shall be used solely for the purpose of storing personal property. Because the value of the stored personal property may be difficult or impossible to ascertain,

You understand and agree that Madoc Discount Storage need not be concerned with the kind, quantity, ownership or value of personal property or other goods stored by You in or about the Unit.
You shall not, under any circumstances, use the Unit for the following uses:

1. residential living purposes;
2. (ii) practicing or rehearsing music;
3. (iii) for a workshop of any kind;
4. (iv) for vehicle maintenance or repair;
5. (v) for the storage of foodstuffs including but not limited to fresh, frozen, or dried food, animals including but not limited to live animals and animal carcasses, plants, insects or any perishables; (vi) for the manufacture, distribution, use or storage of illegal or controlled substances;
6. (vii) for the manufacture, distribution, use or storage of flammable, explosive, toxic or fire hazard or any other inherently dangerous material; or
7. (viii) for the operation of a business of any kind whatsoever, including the selling of goods as a flea market, second-hand outlet, garage sale or auction at the Unit or Property.

The Unit shall not be used for unlawful purposes and will be kept in good condition by You.
No property shall be stored in the Unit unless You are the owner of such property or otherwise have a legal right to possess such property.
You shall not store in the Unit any items which would violate any law or any order, requirement, rule or regulation imposed by any local, provincial or federal agency or department.
You shall not commit or cause to be committed any act which creates or may create a nuisance or produce an odor in or on the Property in which the Unit is located.
You must not interfere with the rights of other tenants with units on the Property or do anything that would cause them injury or interfere with the use or enjoyment of their units.
You acknowledge and agree that the value of heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value to You, or records or receipts relating to the stored goods shall not exceed the salvage value of the raw materials of which the item is constituted.
You acknowledge and agree that any breach of the provisions contained in this Section shall conclusively deem You in default of this Agreement.

1. Unit Restrictions:
2. You will not repair, paint, mark or modify the Unit.

(ii) You acknowledge that loaded contents will not exceed 8,000 lbs.
(iii) You are not authorized to move a Unit; doing so will constitute a breach of this Agreement. (iv) You will notify Madoc Discount Storage, in writing, of the vehicle identification number (V.I.N.) of any vehicle stored in the Unit.

1. Insurance: PROPERTY IS STORED BY YOU AT YOUR SOLE RISK. THE PURCHASE AND MAINTENANCE OF A POLICY OF INSURANCE COVERAGE FOR THE STORED PERSONAL PROPERTY IS YOUR SOLE RESPONSIBILITY.

You shall obtain insurance covering damage by fire, extended coverage perils, vandalism, burglary and all other risks of any nature for the full value of Your property.
TO THE EXTENT YOU DO NOT OBTAIN THE REQUIRED INSURANCE COVERAGE FOR THE FULL VALUE OF YOUR PERSONAL PROPERTY STORED IN OR ABOUT THE UNIT, YOU AGREE YOU WILL PERSONALLY ASSUME ALL RISK OF LOSS.
Madoc Discount Storage will not be responsible for, and You hereby release Madoc Discount Storage from any responsibility for, any loss, liability, claim, expense, damage to property or injury to persons (“Loss”), including without limitation any Loss arising from the active or passive acts, omission or negligence of Madoc Discount Storage (the “Released Claims”).
YOU WAIVE ANY RIGHTS OF RECOVERY AGAINST MADOC DISCOUNT STORAGE FOR THE RELEASED CLAIMS, AND YOU EXPRESSLY AGREE THAT THE CARRIER OF ANY INSURANCE OBTAINED BY YOU SHALL NOT BE SUBROGATED TO ANY CLAIM OF YOU AGAINST MADOC DISCOUNT STORAGE.
The provisions of this Section will not limit the rights of Madoc Discount Storage under Section 9.
YOU ACKNOWLEDGE AND UNDERSTAND THAT MADOC DISCOUNT STORAGE DOES NOT INSURE AND WILL NOT INSURE OR GUARANTEE AGAINST LOSS OF YOUR CONTENTS OR PROPERTY STORED IN THE UNIT.

1. Limitation of Liability; Indemnity:
1. NEITHER MADOC DISCOUNT STORAGE NOR ITS AGENTS, INSURERS, EMPLOYEES, DIRECTORS AND OFFICERS, AND REPRESENTATIVES (COLLECTIVELY, THE “AGENTS”) SHALL BE LIABLE FOR ANY LOSS, INJURY OR DAMAGE DERIVED FROM ANY CAUSE, INCLUDING THE NEGLIGENT OR DELIBERATE ACTS OR OMISSIONS OF MADOC DISCOUNT STORAGE OR THE AGENTS OR FAULTY MATERIALS OR WORKMANSHIP OR ANY OTHER DEFECT IN THE PROPERTY, OR FIRE, EXPLOSION, STEAM, ELECTRICITY, WATER, RAIN, SNOW, DAMPNESS OR RODENT DAMAGE; TO ANY PERSONS USING THE COMMON AREAS OR TO VEHICLES OR THEIR CONTENTS OR ANY OTHER PROPERTY THEREIN OR THEREON, OR FOR ANY DAMAGE TO PROPERTY ENTRUSTED TO MADOC DISCOUNT STORAGE OR THE AGENTS, OR FOR THE LOSS OF ANY PROPERTY BY THEFT, DAMAGE OR OTHERWISE, AND ALL PROPERTY LOCATED, KEPT OR STORED IN OR ABOUT THE PROPERTY SHALL BE SO LOCATED, KEPT OR STORED AT THE SOLE RISK TO YOU. YOU AND MADOC DISCOUNT STORAGE FURTHER SPECIFICALLY AGREE THAT MADOC DISCOUNT STORAGE AND THE AGENTS SHALL NOT BE SUBJECT TO ANY DUTY OR LIABILITY UNDER AND ARE HERBY EXPRESSLY EXEMPT FROM OCCUPIERS LIABILITY ACT, R.S.O. 1990 OR SIMILAR LEGISTLATION AS MAY BE IN FORCE FROM TIME TO TIME.
2. YOU SHALL INDEMNIFY AND HOLD HARMLESS MADOC DISCOUNT STORAGE AND THE AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DAMAGES, EXPENSES AND COSTS, INCLUDING LAWYER’S FEES, ARISING FROM THE USE OF THE UNIT OR THE PROPERTY BY YOU AND YOUR INVITEES, EXCEPT AS OTHERWISE PROVIDED HEREIN.
3. Notwithstanding the above, if a court of competent jurisdiction disallows all, or a portion of the limitations or exclusions described herein, in no event shall the total liability of Madoc Discount Storage or the Agents for all damages, losses, and causes of auction (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the use of the Property exceed $1,000.00.
2. Termination:
1. This Agreement shall terminate: (i) upon either party giving at least 7 days’ prior written notice to the other party;

(ii) upon 7 days’ prior written notice to You by Madoc Discount Storage upon breach of this Agreement by You;
(iii) immediately before the bankruptcy or insolvency of You; or
(iv) immediately upon Madoc Discount Storage giving written notice to You, if You engage in the sale, manufacture or delivery of a controlled substance, or store or dispose of any hazardous material in the Unit or use Your Unit for any prohibited uses under Section 5 or otherwise use the Unit in any manner that breaches this Agreement.

1. All of Madoc Discount Storage’s rights shall survive the termination of this Agreement. Upon termination of this Agreement, You shall remove all property from the Unit including but not limited to items stored in the Unit or the Property, vacate the Property in good and clean condition including but not limited to You removing any waste and debris in the Unit and deliver the Unit to Madoc Discount Storage in the same condition as when delivered on the Start Date. You shall leave a forwarding address with Madoc Discount Storage.
2. Upon any termination of this Agreement, except as prohibited by law, if any personal property of You remains in the Unit or the Property such property is deemed abandoned by You and may, at the sole option of Madoc Discount Storage, become the property of Madoc Discount Storage and Madoc Discount Storage may, at Madoc Discount Storage’s sole option and without notice to You, sell, destroy or otherwise dispose of such personal property and shall not be liable to You for any loss or damage thereby caused. After any sale of such property, Madoc Discount Storage shall upon request of You pay to You the remainder, if any, of the proceeds of sale after deduction of the Rent and other charges unpaid along with Madoc Discount Storage’s costs in realizing the same. Any request for the remainder of proceeds after sale shall be made by You no later than 90 days following the sale, and if no request is post-marked and received by Madoc Discount Storage within that 90-day period, then any remainder of proceeds from the sale of the personal property shall absolutely belong to Madoc Discount Storage.

1. Madoc Discount Storage’s Lien Rights:
1. Grant of Security Interest. In addition to such liens and remedies provided by law, You hereby grant to Madoc Discount Storage a security interest in the Unit and all personal property located in the Unit and on the Property to secure the payment of all rents, labour or other charges, indebtedness and liabilities, present or future, absolute or contingent, joint or several, including expenses for the preservation of or expenses reasonably incurred in the sale or other disposition of said personal property, arising from Your default under this Agreement. Madoc Discount Storage may register this security interest at its sole discretion.
2. Default by You. If You fail to make any payment of any amounts payable herein as and when such payment becomes due and/or if You default in the performance of any of Your other obligations hereunder, and such non-payment or other default continues for a period of 10 consecutive days, then all unpaid Rent and all other amounts payable hereunder shall be forthwith due and payable in their entirety and, in addition to any other rights or remedies to which Madoc Discount Storage is entitled hereunder or at law, Madoc Discount Storage shall have the following rights and remedies which are cumulative and not alternative:

(a) to terminate this Agreement;
(b) to remedy any default of You as hereinafter described; or
(c) to charge You a Late Charge of $10 due 10 days after Rent is not paid and applied cumulatively for each month Rent is not paid;
(d) to place a lock on Your Unit 14 days after Rent is not paid
(e) to remove the contents in Your Unit 30 days after Rent is not paid
(f) to charge you a Cleaning Fee under Section 3(d). Madoc Discount Storage may from time to time resort to any or all rights and remedies available to it in the event of any default hereunder by You, either by any provision of this Agreement or by statute or in equity, all of which rights and remedies shall be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to Madoc Discount Storage at law or in equity.
If You default under this Agreement and have not paid Rent after 60 days, Madoc Discount Storage may enforce its rights which includes but is not limited to remedies in the Repair and Storage Liens Act, R.S.O. 1990, including any rights to seize the Unit and its contents, and sell or retain property contained in the Unit at the time of default. You further agree that any provincial or federal law exempting the contents of Your Unit from seizure do not apply.

1. No Warranties: MADOC DISCOUNT STORAGE HEREBY DISCLAIMS AND YOU HEREBY WAIVE ANY IMPLIED OR EXPRESS WARRANTIES, GUARANTEES OR REPRESENTATIONS OF THE NATURE, CONDITION, SAFETY OR SECURITY OF THE UNIT AND THE PROPERTY. YOU HEREBY AGREE TO AND ACKNOWLEDGE, THAT YOU HAVE INSPECTED AND ACCEPT THE UNIT AT YOUR OWN RISK AND PERIL; THAT MADOC DISCOUNT STORAGE DOES NOT REPRESENT OR GUARANTEE THE SAFETY OR SECURITY OF THE UNIT OR THE PROPERTY OR OF ANY PERSONAL PROPERTY STORED THEREIN; AND THAT THIS AGREEMENT DOES NOT CREATE ANY CONTRACTUAL DUTY FOR MADOC DISCOUNT STORAGE TO CREATE OR MAINTAIN SUCH SAFETY OR SECURITY.
2. Access to Unit: You shall have access to the Unit 24 hours a day and may only access the Property using the road and driveways Madoc Discount Storage designates, provided that You are not in default under this Agreement. Upon such default occurring and continuing uncured for a period of two (2) consecutive days, Your rights to access shall cease until such default has been cured. Madoc Discount Storage shall have the right to access the Unit at all times for all legal purposes, repair and maintenance purposes or upon default or termination of this Agreement. In the event You do not grant access to the Unit as required, Madoc Discount Storage shall have the right to remove Your lock and enter the Unit to examine its contents, make repairs or alterations, or take any action necessary to preserve the Unit, enforce Madoc Discount Storage’s right or comply with applicable laws. You agree to release Madoc Discount Storage or its authorized agents from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons as a result of Madoc Discount Storage accessing Your Unit.
3. Notices: Any notice shall be in writing and shall be delivered by electronic mail or by mail, postage prepaid, unless, otherwise required by law or by this Agreement. Any notice sent by electronic mail shall be deemed delivered on the first business day following the day of transmission. Any notice sent by mail shall be deemed delivered on the third business day following the date of mailing with postage thereon fully prepaid and addressed in accordance with the provisions hereof. Any final notice from Madoc Discount Storage to You shall be served by registered or certified mail to Your address as provided to Madoc Discount Storage in this Agreement and, if appropriate, shall contain the information required by applicable provincial laws and regulations. Notice shall be effective upon mailing.

IF YOU CHANGE YOUR ADDRESS, YOU SHALL GIVE MADOC DISCOUNT STORAGE WRITTEN NOTICE OF ANY SUCH CHANGE WITHIN 10 DAYS SPECIFYING YOUR NEW CURRENT ADDRESS AND TELEPHONE NUMBER.
In the absence of such notice, Madoc Discount Storage shall be entitled to rely on Your previously provided address.

1. Assignment and Subletting: You shall not sublet or assign all or any portion of the Unit or Your interest therein or this Agreement without prior written consent of Madoc Discount Storage. In the event of any breach of this Section by You, You will take all action necessary to correct the breach immediately. If You fail to correct the breach within a reasonable time, Madoc Discount Storage may, at its direction, pay any sum necessary to do so, and recover such sum from You forthwith. Madoc Discount Storage may assign or transfer this Agreement without the consent of You and, after such assignment or transfer, Madoc Discount Storage shall be released from all obligations under this Agreement occurring after such event.
2. Refunds and Cancellations: Upon cancellation, termination under Section 9, default, nonuse of the Unit or breach of this Agreement by You for any reason, You hereby agree to forfeit any and all unused funds or credits to Madoc Discount Storage and agree not to hold Madoc Discount Storage or its authorized agents responsible for any loss, liability, claim, or expense related to Your unused or forfeited funds or credits.
3. General: (i) Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. (ii) Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. Any provisions which by their nature should survive the Term shall survive. (iii) Waiver. Madoc Discount Storage’s failure to enforce any obligation or duty of You or to seek a remedy for Your default of any provision of this Agreement shall not be deemed to be continuing in nature. Madoc Discount Storage may enforce every provision of this Agreement after any period of non-enforcement. (iv) No Registration. You shall not register this Agreement or any notice of this Agreement in full or in part on the title to the Property. (v) Invalidity. If any provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of the remaining provisions of this Agreement, and this Agreement shall be read as if the invalid, unenforceable or illegal provision had never formed part hereof. (vi) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the Province of Ontario. (vii) Set Off. You cannot set-off for any amounts owing to Madoc Discount Storage pursuant to the Agreement and any invoice related thereto. (viii) Expenses. In the event that attorneys’ fees, costs or any other expenses are incurred by Madoc Discount Storage due to Your default or breach of this Agreement, You hereby agree to pay said attorney's fees, costs and expenses in connection therewith.

I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT. I FURTHER AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

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Privacy Policy

Madoc Discount Storage

Madoc Discount Storage (the "Company") considers "personal information" to be information about an identifiable individual. We do not consider public information found in directories and listings, or business names, addresses and/or contact numbers, to be personal information. 

We have adopted, as Company policy, the 10 personal information privacy principles stated in the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information. Madoc Discount Storage Canada also complies with the Madoc Discount Storage Global Customer Personal Information Privacy Policy. The 10 principles are as follows:

1. Accountability. We identify individuals in our Company who are to be specifically responsible for our compliance with the CSA Code. Their responsibilities include making sure that the Company, our employees and third parties who process personal information on our behalf comply with the CSA Code.

2. Reason for Collection. We collect and use personal information about our customers to identify them, to communicate with them, to protect the Company and its customers against error and fraud, to understand what products and services our customers want, to provide information about our products and services to our customers, and as required or permitted by law.

3. Consent. Before collecting, using or disclosing any personal information, we ensure that we have the individual’s consent in an appropriate form, except where required or permitted by law.

4. Limiting Collection. We collect personal information for the purposes stated above unless we receive consent from the individual to collect it for another purpose or unless required or permitted by law.

5. Limiting Use, Disclosure and Retention. We use and disclose an individual’s personal information for the purposes stated above, unless we have the individual's consent to using or disclosing it for another purpose or unless required or permitted by law, which may include lawful access by Canadian or U.S. courts or governmental authorities. We may transfer (or otherwise make available) personal information to our affiliates and other third parties who provide services on our behalf. Personal information may be stored and processed in the United States by us or our third-party service providers. Our service providers are not authorized to use or disclose personal information for any purpose other than providing the services on our behalf or as otherwise required by applicable law. We do not disclose personal information concerning our customers to anyone else and we do not permit anyone else to use personal information about our customers for any purpose without the customer's consent, except as set out in this Privacy Statement or in our Global Customer Personal Information Privacy Policy. We keep personal information about individuals for as long as we need it to fulfill our stated purposes or as otherwise required by law.

Cookies are pieces of information that are transferred from Web sites to your computer’s hard drive and they may serve a variety of purposes (web beacons, Flash cookies and other similar technologies may also be used for these purposes). For example, cookies “remember” you when you return to the Company’s Web sites and make your experience more user-friendly. Cookies help us identify which Web pages of the Company are visited and how often, and to evaluate how our Web sites are used so we can improve these services. Cookies also enable the Company and third parties to deliver targeted advertising to you. The Company adheres to the Digital Advertising Alliance of Canada’s Self-Regulatory Principles for Online Behavioral Advertising. To learn how to opt out of advertising-related cookies, click here. You can learn more about third party advertiser cookies by visiting www.youradchoices.ca. If your browsers are configured to reject cookies, or if you subsequently erase your cookies, use a different device or change web browsers, your opt-out may become ineffective and may need to be repeated.

6. Accuracy. We maintain all personal information in our possession in as accurate, complete and up-to-date form as is necessary for the purposes for which it is to be used.

7. Safeguards. We have implemented measures designed to protect all personal information in our possession from unauthorized access, use, disclosure, alteration or inadvertent destruction. We maintain technical, physical and administrative security safeguards appropriate to the sensitivity of the information.

8. Openness. We make this Corporate Privacy Statement readily available in our stores, in our catalogues and on our Web sites. Individuals may make inquiries about our personal information practices and those of our service providers by contacting our privacy officer by telephone (416-892-5989), by mail (Madoc Discount Storage, 18 Fairside Ave, Toronto, M4C 3G9) or by email (privacy@madocdiscountstorage.com).

9. Individual Access. We provide individuals with access to the personal information about him or her that we have in our possession, subject to certain exceptions prescribed by law. Individuals may request access to their personal information in our possession by contacting our privacy officer in writing at the contact information noted above. An individual may also request updating or the correction of inaccuracies in their personal information. In the event that the individual demonstrates that the information that we have in our possession is inaccurate or incomplete, we will make any appropriate changes.

10. Challenging Compliance. An individual may address any issues about our collection, use or disclosure of personal information by contacting our privacy officer by any of the means noted above.

The foregoing is the Corporate Privacy Statement of Madoc Discount Storage, which carries on business in Canada under the name "Madoc Discount Storage". 

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