THIS CONTRACT LIMITS 95 PARKING LLC'S LIABILITY AND REQUIRES THE PERSON WHO SIGNS THIS AGREEMENT TO INDEMNIFY AND HOLD HARMLESS 95 PARKING LLC --- READ IT
95 Parking LLC., dba Delta Truck Parking (hereinafter referred to as "Delta") issues this ticket as your only contract and only for timekeeping purposes.
This is not a claim check. Only a license to park is granted. No bailment is created.
Holder represents it is the vehicle driver, the vehicle owner, and the owner of any property contained in the vehicle and attached to the vehicle, or the attorney in fact for the vehicle driver, the vehicle owner, and/or the owner of any property contained in the vehicle and/or attached to the vehicle.
Delta is not a bailee nor a warehouse of the goods, and Holder acknowledges that Delta does not take possession of the goods.
Holder represents that it is authorized to sign this agreement on behalf of all those referenced as Holder in this agreement. Holder is parking the vehicle on Delta's lot at its own risk and peril. Holder acknowledges that Delta is not responsible for loss of such vehicle, and/or any contents inside and/or attached, and /or any other property of Holder, from any cause whatsoever including, but not limited to theft, maintenance, mysterious disappearance, vandalism, fire, water damage, rodents, Acts of God, the active or passive acts or omissions or negligence of Delta and/or its officers, agents, representatives, independent contractors, and employees.
Holder further acknowledges and understands that its property is not insured by Delta and that Delta has no obligation to insure against loss, injury or damage however caused, from any damage that may occur to Holder's property and/or any contents inside and/or attached.
Holder represents it is assuming the risk and carries its own insurance. Holder acknowledges that Delta is relying on the representations made by Holder in this Agreement and terms thereof, and would not provide this license to park to Holder if not for the representations and terms contained in this Agreement.
By executing this Agreement, Holder agrees, acknowledges and accepts all the foregoing terms and conditions of this Agreement and agrees to pay upon demand all fees applicable and agrees not to circumvent Delta's fee structure. Delta's attendant is there to collect fees only. Hours of operation are posted and subject to change. The fee that Holder is to pay Delta for every 24 hours is stated on the signature page of this Agreement. All fees are due and payable on a daily basis for each day of parking.
Holder shall not perform any type of vehicle repair or maintenance on Delta's lot, including but not limited to washing of the vehicle, adding or changing the oil, adding or changing anti freeze, adding or changing any fluid, any dismantling, and any disassembling of vehicle parts. Holder represents that its vehicle does not leak any fluid and any fluid leakage is grounds for immediate termination and removal of Holder's vehicle from the lot and Holder shall be liable for all damages and indemnify Delta from all damages arising from Holder's vehicle leaking a fluid.
Holder shall provide Delta with the keys to the vehicle and specifically authorizes Delta without prior notice to relocate or/otherwise move Holder's vehicle from place to place as Delta needs dictate. In such circumstances, Delta is acting as Holder's agent and incurs no liability for damages to the vehicle and/ or its contents incidental to such movements. Holder represents it is assuming the risk and carries its own insurance.
Holder shall be in default under this Agreement if:
(i) Holder fails to pay any amount owed by Holder under the terms of this agreement, when and as the same shall become due and payable under the terms hereof; and/or
(ii) Holder fails to keep and perform any of the covenants, conditions and/or agreements set forth in this agreement to be kept, followed and/or performed by Holder.
The remedies of Delta in the event of the default of Holder as provided herein are not intended to be exclusive of any other remedies which may be permitted by law. In the event of any default by Holder, Holder agrees, acknowledges and permits Delta to have the right to take immediate possession of Holder's vehicle and all contents thereof and property attached, including but not limited to the contents inside the vehicle, wherever found without any liability to Delta.
Delta may take possession of Holder's vehicle and all contents thereof including but not limited to the contents inside the vehicle and hold it in its possession or put it in public storage for the account and expense of Holder; or at the sole discretion of Delta, in the event of any default by Holder, Holder authorizes and grants Delta the right to sell Holder's vehicle and all contents thereof and property attached, including but not limited to the contents inside the vehicle in any form or venue without any liability to Delta.
This is written consent by Holder as the legal owner named in the registration certificate and/or attorney in fact, that Delta is given and has a lien on the parked vehicle, for rental fees of parking space and other charges. Delta shall have the right to sell the vehicle to satisfy the lien if rent and/or other charges remain unpaid for 30 or more days as provided for in sections 3068, 3071 and/or 3072 of the California Civil Code, or its successor thereof.
Holder shall hold Delta harmless and release absolutely and forever Delta from any claims, obligations, suits, actions or causes of actions or attorney's fees incurred by Holder arising from Delta disposing of any property in any manner.
Holder acknowledges this actual notice by personal service, and by executing the front page of this Agreement consents in writing to the obligations in this Agreement and the payment obligations for the parking space. Holder hereby grants to Delta a security interest under the Uniform Commercial Code in all of Holder's goods and property in, on, or about the stored vehicle, and/ or any vehicle or equipment under its control, license, lease, or interchange.
Said security interest shall secure unto Delta the payment of all (charges collectible or reserve hereunder, which shall become due under the provisions of this agreement). Holder hereby agrees to execute, upon request of Delta, such financing statements as may be required under the provisions, of the said Uniform Commercial Code to perfect security interest in Holder's said goods and property.
In the event Delta shall take possession of the stored vehicles, the cargo therein or any part thereof as a result of any default by Holder, and there shall, at the time of such taking, be in, upon or attached to such taken vehicles any other property, goods and things of value belonging to Holder or in the custody of Holder, Delta is hereby authorized to take possession of such other property, goods or things of value and hold the same for the account of, and at the expense of Holder.
To the fullest extent permitted by law, Holder shall defend, indemnify and hold harmless Delta and its officers, agents, representatives, independent contractors, and employees, from and against any and all injuries, claims, losses, expenses and/or damages whatsoever arising out of this license to park, this Agreement, and/or the presence and/or use of any vehicle and/or personal property Holder brings on Delta's property, from any cause or causes including but not limited to Delta's negligence, errors, omissions, strict liability, breach of contract and/or breach of any warranty, regardless of whether or not such claim, damage, loss or expense is caused in any way by a party to be indemnified hereunder.
Further, to the fullest extent permitted by law, Holder shall defend, indemnify and hold harmless Delta and its officers, agents, representatives, independent contractors, and employees, from and against any and all injuries, claims, losses, expenses and/or damages whatsoever arising out of any act by Holder and/or any of its agents, representatives, invitees, employees, and/or independent contractors, from the use of the Delta's premises, from any act or omission on or about the premises, from any breach and/or default in performance of any obligation under this Agreement, from any unauthorized or criminal entry or act into or on the premises, and from any other cause or causes.
Holder will indemnify and save Delta harmless from any loss, cost or expense of any sort or nature, and from any liability or damage to person or property arising out of any failure to Holder to comply in any respect with or perform any of the requirements and/or provisions of this Agreement.
Holder also agrees to relieve and hereby relieves and holds harmless and shall indemnify Delta and its officers, agents, representatives, independent contractors, and employees from any and all liability by reason of any damage and/or injury to any property of Holder and/or any property that Holder places on Delta's premises when the damage and/or injury arises from the negligent and/or intentional act of a third party.
Holder represents it is assuming the risk and carries its own insurance. In the event of any claim and/or lawsuit which involves Holder's indemnification and/or hold harmless obligations, Holder shall pay for all of Delta's and any other indemnified party's reasonable attorney fees and costs incurred in defending any such claim and/or lawsuit, immediately upon request, and as requested. Holder shall further immediately pay any award and/or settlement amount against Delta and any other indemnified party Holder shall maintain at all times during this Agreement an insurance policy or policies which provide for the following coverage: automobile liability (personal injury and property damage) in the aggregate amount of not less than $30,000 combined single limit per occurrence; comprehensive general liability in the aggregate amount of not less than $30,000 combined single limit per occurrence; premises liability insurance in the amount of not less than $30,000 combined single limit per occurrence.
This instrument contains the entire agreement between the parties pertaining to the subject matter hereof. No agreements, representations, or understandings not specifically contained herein shall be binding upon any of the parties hereto. Holder acknowledges that the front page of this Agreement which includes Holder's signature and these terms and conditions is the entire agreement and cannot be modified. No employee or agent can modify or alter any part of this Agreement or in any way enlarge Delta's liability hereunder either orally or otherwise. Upon full payment, without any notice to Holder, Holder authorizes and instructs Delta to release the Vehicle and/or Trailer and all contents inside and/or attached to the Vehicle and/or Trailer to the Registered Owner of the Vehicle and/or Trailer and/or Registered Owner's agent and/or representative, upon request by the Registered Owner.
Holder agrees to defend, indemnify, and hold harmless Delta, its affiliates, parent and/or subsidiary companies, officers, directors, employees, independent contractors, and agents from and against any claims actions and/or demands, including without limitation reasonable legal and accounting fees, alleging and/or resulting and/or arising from these instructions. Delta shall provide notice to Holder promptly of any such claims, suit, and/or proceeding and shall assist Holder, at Holder's expense, in defending any such claim, suit or proceeding.
This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, United States of America, in all questions and controversies arising out of your use of the Web Sites and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Delta's parking facility must be brought within two (2) years from the date on which such claim or action arose or accrued.
This contract was last revised on and is effective as of January 10, 2023.