Terms & Conditions
1. Parties and Agreement
This Storage Agreement (“Agreement”) is made between Toy Locker (“Provider” or “Facility”) and the undersigned individual (“Tenant”). By signing this Agreement, Tenant agrees to comply with all of its terms, conditions, and Facility policies.
2. Definitions
(a) Provider: Toy Locker, the owner and operator of the Facility.
(b) Tenant: The person renting the Storage Space.
(c) Facility: Toy Locker located at 1109 Pondella Road, Cape Coral, Florida 33909.
(d) Storage Space: {{unit.name}} or any replacement unit assigned by Provider.
3. Grant of License
3.1 The Provider grants Tenant a revocable, non-exclusive license to use the Storage Space solely for storage purposes.
3.2 No bailment is created. Provider is not a bailee and assumes no responsibility for stored property except as expressly stated herein.
4. Term and Termination
4.1 The tenancy is month-to-month.
4.2 Provider may terminate this Agreement at any time with ten (10) days’ written notice or immediately for Tenant’s breach.
4.3 Tenant may terminate by vacating and notifying Provider on the day of move-out in accordance with Section 7.
4.4 Upon termination, Tenant must remove all property and vacate within twenty-four (24) hours.
4.5 Either party may terminate immediately if the other breaches this Agreement.
5. Rent, Fees, and Payment Terms
5.1 Rent Amount and Due Date. Monthly rent is $240.00 (subject to change), due in advance on the first (1st) day of each month.
5.2 Initial Payment. Tenant shall pay prorated rent and taxes from the Commencement Date, as set by the Date of Lease noted in the Lease Information. If the Commencement Date falls on or after the 15th day of the month, Tenant shall also pay, at the time of move-in, the full month's rent and taxes for the immediately following calendar month, in
addition to the prorated amount due for the month of move-in.
5.3 Payment Method. Payments must be made by ACH or credit card through Provider’s online system . Cash, checks, or in-person payments are not accepted.
5.4 Automatic Billing. The Tenant expressly authorizes the Provider to automatically charge the credit card or ACH account on file for all monthly rent, fees, and other charges due under this Agreement. The Tenant agrees to maintain a valid and active payment method on file at all times. Automatic billing remains in effect for the duration of the tenancy and will only cease upon the Tenant's official move-out date.
5.5 Late Payment.
After 8 days late: Facility access restricted.
After 10 days late: If rent remains unpaid for more than 10 days, the Provider may, at its sole discretion, terminate this Agreement by email notice. Termination does not waive the Provider’s lien rights under Florida Statute §83.805. The Tenant will have until the 15th day of the month to vacate the space and remove all stored property, subject to the Provider’s lien rights for any unpaid rent or fees.
After 15 days late: After 15 days late, if the Tenant fails to remove stored property following termination and required notices, the property may be towed or otherwise removed at the Tenant’s expense, in accordance with applicable Florida laws.
5.6 Late Fee. Late fee is 20% of total overdue balance or $20, whichever is higher.
5.7 Other Fees.
(a) Electricity Access Fee: $18 per month plus monthly billing for actual usage. Non-payment may result in suspension of electrical service only; access to the storage unit will not be restricted solely for unpaid electricity fees. Tenants who use electricity without this add-on will be automatically charged the $18 monthly fee plus the cost of usage.
(b) Dumpster use is complimentary for tenants. Paint, batteries, tires and other hazardous materials are not allowed to be disposed in the dumpster.
(c) Blocking or unattended vehicles may incur a $100 fine and possible eviction.
(d) Legal action may be pursued for unpaid rent or violations.
(e) Provider may charge a reasonable fee for any expenses incurred as a result of rent collection or lien enforcement.
5.8 Unit Security Deposit.
a) A refundable Unit Security Deposit is required for any rental unit that includes electrical outlets, with the deposit amount determined by the type of electrical service provided to the unit, as follows:
• 110V Outlet Units: A deposit of $30.00 is required for units equipped with one or more standard 110V electrical outlets.
• 30-Amp Outlet Units: A deposit of $50.00 is required for units equipped with 30-Amp electrical service.
The applicable deposit is due and payable at the time of move-in, prior to or concurrent with the execution of this Agreement, and is separate from any other fees or rent amounts due under this Agreement.
(b) The Unit Security Deposit shall be held by Provider in trust and may also be applied toward rent or any other outstanding balance with the express written consent of Provider.
(c) The Unit Security Deposit is not transferable to another unit or another tenant.
5.9 Deposit Terms and Conditions.
(a) Refund of Deposit. The Unit Security Deposit will be refunded to Tenant within thirty (30) days following the Tenant's official move-out date, provided that:
(i) all rent, fees, and other charges under this Agreement have been paid in full;
(ii) the electrical outlet(s), wiring, fixtures, and any related infrastructure within or serving the unit are returned in the same condition as at the time of move-in, ordinary wear and tear excepted; and
(iii) Tenant has provided proper written notice of move-out in accordance with Section [Notice Section] of this Agreement.
(b) Deductions from Deposit. Provider reserves the right to deduct from the Unit Security Deposit any amounts necessary to cover:
(i) damage to electrical outlets, fixtures, wiring, or related components caused by misuse, negligence, or unauthorized modifications by Tenant or Tenant's guests or invitees;
(ii) costs incurred to restore the unit's electrical infrastructure to its original condition beyond normal wear and tear; or
(iii) any unpaid electricity access fees or usage charges billed to Tenant under Section 5.7(a).
(c) Itemized Statement. If any portion of the Unit Security Deposit is withheld, Provider shall provide Tenant with a written itemized statement of deductions within thirty (30) days of move-out, together with any remaining refund balance. Failure by Provider to provide such statement within the required timeframe shall not constitute a waiver of any charges otherwise owed by Tenant under this Agreement.
(d) Deposit Does Not Cap Liability. The Unit Security Deposit represents a minimum security amount only. Tenant remains fully liable for any damages or unpaid charges that exceed the deposit amount. Provider may pursue any remaining balance through legal remedies available under Florida law, including but not limited to the remedies described in Section 5.7(d) and (e).
(e) No Interest. The Unit Security Deposit shall be held without interest. Tenant is not entitled to any interest earned, if any, on the deposited funds during the term of this Agreement.
(f) Change in Unit. If Tenant transfers to a different unit that does not include electrical outlets, the Unit Security Deposit shall be refunded to Tenant within thirty (30) days of the transfer, subject to the deduction provisions of Section 5.9 (b). If Tenant transfers to a unit with a different electrical service type, the deposit shall be adjusted accordingly — any overage refunded or any additional amount due collected at the time of transfer. If Tenant transfers to another unit with the same electrical service type, the deposit shall be carried over and applied to the new unit.
(g) Non-Waiver. Acceptance of the Unit Security Deposit by Provider shall not constitute a waiver of any other rights or remedies available to Provider under this Agreement or applicable law.
6. Move-Out Policy
6.1 Tenant must notify Provider by email or call on the actual day of vacating. Advance notices are not accepted.
6.2 Move-out is not complete until Provider confirms receipt of notice by email.
6.3 Rent for the month of move-out will be prorated only if move-out occurs within the first fifteen (15) days of the month. The proration will be calculated from the later of:
(a) the actual move-out date, or
(b) the date on which the Tenant will have completed thirty (30) days of tenancy. No refund will be issued for any days prior to the 30-day mark.
6.4 No other mid-month prorations will be made.
7. Automatic Renewal and Rate Adjustments
7.1 This Agreement renews automatically on a month-to-month basis.
7.2 Provider may adjust rental rates with thirty (30) days’ written notice.
7.3 Tenant must follow Section 6 to notify Provider of move-out.
8. Abandonment
8.1 The Agreement terminates automatically if Tenant removes all property while in payment default.
8.2 Rent is non-refundable for abandoned or early move-outs.
9. Access
9.1 Facility hours are 5:00 a.m. to 12:00 midnight daily.
9.2 Hours may change with written notice.
9.3 Access to the Facility, including the gate, restrooms, and individual storage unit, is managed exclusively through Storage Smart Entry mobile application by Noke. Upon move-in confirmation, the Tenant will receive an SMS with instructions to download and set up the Storage Smart Entry mobile application. Each person authorized to access the Facility or the Tenant's unit must create their own individual Storage Smart Entry account and register their own mobile device. Shared use of a single account or device is not permitted.
9.4. Tenants may authorize other individuals (such as guests, family members, or contractors) to access the Facility and their unit, provided that each such individual creates their own Storage Smart Entry account and registers their own mobile device prior to entry. This ensures that all access activity is properly logged and attributable to a specific individual for the Tenant's and Provider's records.
9.5 Unauthorized access or credential sharing results in a $100 fine per incident. Unauthorized Access includes, but is not limited to:
(a) allowing another person to use the Tenant’s access credentials, digital keys, codes, or mobile app login;
(b) entering the Facility using another person’s credentials;
(c) entering the Facility by following another vehicle through the gate without activating Tenant’s own credentials (“tailgating” or “piggybacking”);
(d) unlocking or opening the gate for any other person, including guests, contractors, family members, or third parties, without Toy Locker’s prior authorization;
(e) entering the Facility outside posted access hours; or
(f) entering the Facility after access has been suspended or revoked.
9.5 Access may be suspended for maintenance or emergencies without rent proration.
10. Use of Facility
10.1 The Facility is monitored by 24-hour audio and video surveillance.
10.2 Only authorized tenants may enter and use amenities.
10.3 Tailgating or “piggybacking” through gates is prohibited. First violation: $100 fine; repeated offenses may result in eviction.
10.4 Residential or overnight use is prohibited.
10.5 Tenant is liable for any damage to Facility property.
10.6 Units are for storage only; no repairs, work, or maintenance may occur inside.
10.7 Move-In Condition Documentation. Tenant is strongly encouraged to document the condition of the Storage Space at the time of move-in. If the Storage Space contains any pre-existing damage, stains, or defects upon move-in, Tenant must notify Provider within the day of the Commencement Date by submitting photographic evidence via email to Provider. Failure to provide such documentation within this period may result in Tenant being held responsible for any damage or staining discovered upon move-out. Documented pre-existing conditions, acknowledged in writing by Provider, shall not be charged against Tenant's deposit or otherwise attributed to Tenant.
10.8 Gate damage and any damage to the facility must be reported immediately. For purposes of this Agreement, “immediately” means the Tenant must notify Toy Locker as soon as the damage occurs, and no later than the same calendar day of the incident. If the damage occurs outside of business hours, Tenant must send notification by email or through the Facility’s online reporting system as soon as reasonably possible, but still on the same day.
Failure to report the damage on the same day may result in additional fines, suspension of access, or termination of this Agreement.
The Tenant is responsible for the full cost of repairing any gate or facility damage caused by the Tenant, their guests, contractors, or vehicles, including labor, replacement parts, and any service call fees required to restore the gate to proper working condition. The charge will be equal to the actual cost of the repair, based on the invoice from Toy Locker’s gate service provider and contractor. Additional administrative or inconvenience fees may apply if the failure to report the damage results in operational delays or safety risks.
11. Prohibited Property
11.1 Tenant shall not store perishable, living, illegal, or otherwise unsafe items.
11.2 The Storage Space may not be used for habitation or overnight stays.
11.3 Tenant agrees not to store explosives, or any flammable, odorous, noxious, corrosive, hazardous, or pollutant materials or any other goods in the Space that would cause danger or nuisance to the Space, other tenants or the Facility. Tenant agrees not to store jewels, heirlooms, art works, collectibles, or other irreplaceable items having special or emotional value to the Tenant within the Space or within the property located within the Space.
12. Repairs and Maintenance
12.1 No repairs, washing, or waxing may occur inside storage units.
12.2 Cleaning or waxing is permitted only at the designated wash-bay area.
12.3 Contractors are allowed at the wash bay only with Provider-approved insurance.
12.4 Violations may result in a $50 fine for the first offense and eviction for repeated offenses.
13. Security and Insurance
13.1 Provider maintains reasonable security but is not liable for theft or damage except in cases of gross negligence.
13.2 Tenant must maintain active insurance for all stored property and vehicles using the Facility.
13.3 Upon move-in, Tenant will be automatically enrolled in Provider's base-coverage insurance program at Tenant's expense.
13.4 If Tenant provides acceptable proof of current insurance coverage at the time of move-in, or within seven (7) days thereafter, Provider will refund the base-coverage insurance charge to Tenant.
14. Proof of Registration
14.1 Tenant must provide proof of registration for all stored motorized vehicles or vessels.
14.2 Unauthorized property may be removed or towed at Tenant’s expense, and Provider bears no liability for such removal.
15. Tenant Obligations
15.1 Tenant shall keep the Storage Space clean, safe, and compliant with all laws.
15.2 Tenant must report damage or security concerns immediately.
15.3 Tenant who will store vehicles shall have at least two (2) wheel chocks. Toy Locker will provide them for $25 if needed.
15.4 Tenant is responsible for the conduct and safety of all guests, invitees, and contractors.
16. Provider’s Obligations
16.1 Provider shall maintain the Facility in a safe and functional condition.
16.2 Provider shall ensure reasonable access during designated hours.
16.3 Provider shall address maintenance issues promptly and notify Tenant of any access interruptions.
17. Provider’s Rights
17.1 Provider may relocate Tenant to another comparable space with three (3) days’ notice.
17.2 Provider may terminate the Agreement with ten (10) days’ notice, or immediately for violations.
17.3 Provider may adjust rent or fees with thirty (30) days’ notice.
17.4 Except in emergencies, Toy Locker will not enter the Tenant’s Storage Space without providing prior notice to the Tenant and a reasonable opportunity for the Tenant to be present or to grant access.
17.5 Emergency Access.
If Provider determines, in its reasonable judgment, that an immediate emergency exists that threatens the Facility, surrounding property, persons, or the safety of stored items, the Tenant authorizes Provider to open and access the Storage Space without prior notice and using any reasonable method necessary to address the emergency. Emergencies may include, but are not limited to, fire, flooding, structural failure, electrical hazards, hazardous materials, or situations posing an immediate risk of harm.
17.6 If Provider enters the Storage Space under Section 17.5, Toy Locker will notify the Tenant as soon as reasonably possible after access has occurred. Notice will be sent to the Tenant’s most recent contact information on file.
17.7 Emergency access performed under this Section does not constitute a breach of this Agreement. Provider is not liable for any resulting damage except where caused by Provider’s gross negligence or intentional misconduct.
18. Liens
18.1 Provider holds a lien over stored items for unpaid rent/fees, enforceable pursuant to the Florida Self-Storage Facility Act (F.S. Chapter 83, Part III). Provider may deny access, lock out Tenant, or sell/dispose of property following statutory notice requirements.
Florida Statute 83.805
Lien.—The owner of a self-service storage facility or self-contained storage unit and the owner’s heirs, executors, administrators, successors, and assigns have a lien upon all personal property, whether or not owned by the tenant, located at a self-service storage facility or in a self-contained storage unit for rent, labor charges, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to ss. 83.801-83.809. The lien provided for in this section attaches as of the date that the personal property is brought to the self-service storage facility or as of the date the tenant takes possession of the self-contained storage unit, and the priority of this lien shall be the same as provided in s. 83.08; however, in the event of default, the owner must give notice to persons who hold perfected security interests under the Uniform Commercial Code in which the tenant is named as the debtor.
18.2 Partial payments do not delay or stop lien enforcement.
18.3 Tenant remains responsible for any deficiency after towing.
19. Liability and Damages
19.1 Provider is not liable for loss or damage unless due to gross negligence.
19.2 Provider’s liability is limited to the rent paid during the damage period.
19.3 Provider is not liable for consequential or indirect damages.
20. Accidents and Personal Injury
Tenant and their invitees enter and use the Facility at their own risk. Provider is not responsible for injury or death except where caused by gross negligence or willful misconduct. Tenant must maintain liability insurance covering all such risks.
21. Force Majeure
Provider is not liable for delays or failures caused by events beyond its control, including weather, floods, hurricanes, or similar natural disasters. Tenant acknowledges such risks and agrees to maintain adequate insurance coverage.
22. Severability
If any clause of this Agreement is held invalid, the remaining provisions remain fully enforceable.
23. Dispute Resolution
23.1 The parties will first attempt to resolve any dispute through good-faith discussion. If not resolved within a reasonable period, either party may request mediation. During mediation, each party must pay its own attorney’s fees and costs, and both parties shall share the mediator’s fees equally, unless otherwise agreed.
23.2 If mediation does not resolve the dispute, the matter will be submitted to binding arbitration before a mutually agreed-upon arbitrator in Lee County, Florida.
23.3 In arbitration, the arbitrator may award the prevailing party its reasonable attorney’s fees and costs, including those incurred in any appeal or in confirming or enforcing the arbitration award in court.
23.4 Arbitration is the exclusive forum for dispute resolution under this Agreement, except as necessary to enforce or confirm an arbitration award.
24. Miscellaneous Provisions
24.1 Tenant may not assign or sublet any rights under this Agreement without Toy Locker’s written consent.
24.2 Any amendment to this Agreement must be in writing and signed by both parties.
24.3 Both parties shall maintain the confidentiality of this Agreement except where disclosure is required by law.
24.4 Toy Locker complies with applicable data-protection laws and does not sell Tenant data. However, Toy Locker may share the minimum necessary Tenant information with certain third-party service providers who assist in operating the Facility. This includes, but is not limited to, access-control vendors such as Nokē, payment processors, insurance partners, security system providers, and other operational vendors. Such vendors are permitted to use Tenant information only to provide their contracted services to Toy Locker and are required to protect that information.
24.5 Written notice includes communication by email or SMS.
24.6 This Agreement is governed by the laws of the State of Florida, with venue for any dispute in Lee County, Florida.
25. Legal Provisions
25.1 Attorney’s Fees. In any arbitration proceeding conducted under Section 23, or in any related court action to confirm, enforce, or challenge an arbitration award, the arbitrator or court may award the prevailing party its reasonable attorney’s fees and costs, including those incurred on appeal. This provision does not apply to mediation, where each party is responsible for its own attorney’s fees and costs.
25.2 Waiver of Jury Trial. To the extent any court action is permitted under Section 23—such as proceedings to enforce or confirm an arbitration award—both parties knowingly and voluntarily waive the right to a trial by jury. This waiver does not alter the parties’ obligation to resolve disputes through binding arbitration.
25.3 Facility Rules and Policies. Tenant agrees to comply with all Facility rules, regulations, and posted policies, including any updates provided by Toy Locker through written notice. All such rules and policies form part of this Agreement.
25.4 Notice Requirements. Tenant must promptly notify Toy Locker in writing (email is acceptable) of any change in mailing address, email address, telephone number, or vehicle/boat registration associated with this Agreement. Notices from Toy Locker will be considered effective when sent to the most recent contact information provided by Tenant.
26. Bankruptcy
Filing for or being placed in bankruptcy constitutes a default. Provider may terminate this Agreement subject to applicable bankruptcy law. Tenant or Tenant’s estate must remove all property from the Facility within twenty-four (24) hours.
27. Authorized Vehicles and Boats
27.1 Tenant must pre-register all vehicles stored at the Facility.
27.2 Tenant must maintain valid registration (RV, automobile, boat) and insurance for each item.
27.3 Images are not required for property stored in lockers or self-storage spaces.
27.4 Failure to provide documentation authorizes removal at Tenant’s expense.
27.5 Provider is not liable for removal of unauthorized property.
28. Indemnification
Tenant shall indemnify, defend, and hold harmless Provider from any claims, actions, damages, losses, injuries, or expenses (including attorney’s fees) arising from Tenant’s use of the Facility or Storage Space. Tenant is responsible for the actions of all invitees, guests, and contractors.
29. Condition and Alteration of Space
29.1 Tenant has inspected and accepts the Space “as is” and “with all faults.”
29.2 Tenant shall not make alterations without written approval.
29.3 Tenant is responsible for all damage caused by Tenant or invitees.
29.4 Tenant must leave the Space clean and empty upon termination.
29.5 Provider disclaims all implied warranties, including merchantability or fitness for a particular purpose.
30. Succession of Rights
Upon Tenant’s death or incapacity, this Agreement transfers to Tenant’s estate or legal representative. Provider may require proof of authority before granting access. Rent and fees continue until all property is removed from the Facility.
STORAGE PROTECTORS CONTENTS INSURANCE PROGRAM
Insurance Provided by Aspen Specialty Insurance Company (“Carrier”); Administered by Complete Storage Insurance, LLC
Occupant understands that Owner and Owner’s Agents are not insurance agents. Neither the Owner nor the Owner’s Agents have explained any coverage or assisted Occupant in making any choices regarding coverage under any insurance policy.
Insurance and Customer’s Risk of Loss: ALL PROPERTY IS STORED BY OCCUPANT IN THE STORAGE RENTAL UNIT (the “Unit”) AT OCCUPANT’S SOLE RISK. ALL INSURANCE IS OCCUPANT’S SOLE RESPONSIBILITY. Occupant may obtain insurance from an insurance company of Occupant’s choice. Occupant, at Occupant’s expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism, and malicious mischief insurance for the actual cash value of stored property. OWNER ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO OR LOSS OF PROPERTY STORED IN THE UNIT. All risk of loss, including but not limited to damage or theft of an Occupant’s property due to burglary, disappearance, fire, water, wind, mold, rodent damage, acts of God, vandalism, or other damages, are at Occupant’s risk. Occupant expressly agrees that the carrier of any insurance obtained by Occupant shall not be subrogated to any claim of Occupant against Owner or Owner’s officers, agents, affiliates, authorized representatives, and employees (“Owner’s Agents”).
Storage Protectors Contents Insurance Program Enrollment Form By checking the applicable boxes and signing below, Occupant may opt to purchase Storage Protectors Program contents insurance or provide proof of such coverage from another insurance carrier. Per the Rental Agreement, Occupant is required to obtain insurance for the contents contained within rented Unit(s). Occupant acknowledges that Owner is not responsible for any loss of, or damage to any of Occupant’s property stored in the Unit(s) and waives all claims against Owner for such loss. Occupant participation in the Storage Protectors Contents Insurance Program, insurance provided by Aspen Specialty Insurance Company (“Aspen”) and administered by Complete Storage Insurance, LLC (AZ License No. 3003811519, CA License No. 3543966, Massachusetts Nonresident License No. 7343282), satisfies such condition. Neither Owner nor its employees are insurance agents.
• I OPT TO PARTICIPATE IN STORAGE PROTECTORS’ CONTENTS INSURANCE PROGRAM AND WILL SELECT MY DESIRED COVERAGE AMOUNT BELOW
• I opt to provide Operator with an alternative form of Contents insurance prior to taking possession of the rented unit. Should such certificate(s) of insurance not be received prior to Customer placing any items in the rented unit, Customer consents to their automatic enrollment in the Storage Protectors Contents Insurance Program made available by Operator herein for the minimum amount of contents insurance coverage.
ALL COVERAGE AMOUNTS AND CORRESPONDING PRICING ARE IN US DOLLARS
Deductibles - Covered Property in a Unit: $100.00 - $2000 to $20,000
Coverage (Monthly cost):
• $1,000 ($9.00)
• $2,000 ($15.00)
• $5,000 ($25.00)
• $10,000 ($45.00)
• $15,000 ($60.00)
• $20,000 ($75.00)
ENROLLMENT DISCLOSURE SUMMARY OF COVERAGE Enrollment Disclosure Summary of Coverages, describing what is covered, what is not covered, and how to file a claim, are published on https://www.storageprotectors.com/soc. You acknowledge receipt of such terms and that they are part of this Rental Agreement. For a Program Brochure, please visit https://www.storageprotectors.com/Brochure.pdf