Applicant #1 Information
Applicant #2 Information
Contact Details
Additional Contact Info: (Minimum of Two)
Delivery & Mailing
I certify that the above information is true and accurate:
Storage Shed Lease-to-Own Agreement and Disclosure Statement
Lease Agreement Terms and Conditions
PURCHASE OF PROPERTY: If Renter makes
Rental Payments (not including fees or other costs Renter may incur) and otherwise complies with this Agreement, Renter will acquire ownership of the Property. Renter will not own the property until
Renter has made all Rental Payments or has purchased the Property by using the Early Purchase Option.
EARLY PURCHASE OPTION (EPO): If your account is current, you can buy the Property at any time by exercising your Early Purchase Option. Your EPO price will be the Cash Price multiplied by the number of payments remaining for ownership divided by the total number of payments necessary to acquire ownership, plus tax. The attached chart shows the amount required to exercise your early purchase option after each renewal payment, assuming that you make each periodic payment on time. You must be current on all payments due to us before you can exercise this option. You will not own the Property until you make all payments necessary for ownership under this Agreement. You understand that we retain title to the Property until you obtain ownership.
TOTAL OF PAYMENTS
You must pay this amount to own the merchandise if you make all the regular payments.
You can buy the property for less under the early purchase option.
COST OF RENTAL
Amount over cash price you will pay if you make all regular payments.
CASH PRICE
Merchandise available at this price for cash from the lessor. See about your early purchase option rights.
AMOUNT OF EACH PAYMENT
(per month)
YOUR LIABILITY FOR LOSS OR DAMAGE: We Do Not Carry Insurance on the Property. You do not have to buy insurance for the Property from us or from any insurer owned or controlled by us. During this Agreement, you are responsible for the lesser of
the EPO price of the Property on the date of the loss or our reasonable costs of repair if it is stolen, damaged, or destroyed from all causes. If the building is damaged, other than normal wear and tear, you are responsible for the lesser of the EPO price or the cost of the repair.
OTHER CHARGES: All of these charges are reasonably related to the services performed. Late Fee: If your monthly payment is more than 7 days late you must pay us a Late fee equal to the greater of 10% of the payment missed or $5.00.
Trip Charge: $45.00. If we send someone to your house to pick up a payment, you must pay this fee.
NSF fee: $ 20.00. If your check is returned unpaid for any reason, you must pay us this fee. If you bounce a check, you must make all
payments after that with guaranteed funds.
Security Deposit: You must pay the Security Deposit, above, as part of your Initial Payment. If you return the Property to us in satisfactory condition, fair wear and tear excepted, we will return you Security Deposit to you within 30 days less any amounts you still owe us under this Agreement. This Security Deposit is to secure your obligations under this Agreement. We may use the Deposit at our option to cover any amounts you owe us or for any breach by you. If we use these funds, you must restore the Deposit to its original amount within 10 days of our demand to do so.
REINSTATEMENT: If you fail to make a timely lease renewal payment, this Agreement expires. You can reinstate it without losing any rights or option previously acquired by making all payments due or by returning the Property to us within 16 days after the renewal date. If you return the Property to us within that time, you will have one year from the date of return to reinstate by paying all lease renewal payments and other charges that are due. If you reinstate, we will provide you with the same Property or similar Property of comparable quality and condition. This provision does not prevent us from repossessing the property during the reinstatement period and repossession does not preclude your right to reinstatement.
WARRANTIES: If a necessary repair is related to a manufacturing defect, you must contact Colorado RTO and request such repairs. If Renter obtains ownership of the leased property, Lessor will transfer any available unexpired manufacturer’s
warranty, if allowed by the terms of the warranty.
We are responsible for maintaining the Property in good working repair while it is being rented. We will repair the Property within 2 business days after you notify us of the problem. If we cannot repair the Property within this time, we will provide you with loaner Property. If we cannot repair the Property within 30 days after that, or longer time that you agree to, we will replace the Property with substitute Property that is satisfactory to you. All of the rights and obligations under this rental-purchase agreement shall apply to any replacement property. We will not be responsible for the costs or the results of any repairs or damage caused by improper use. If you obtain ownership of the Property, we will transfer any manufacturer’s warranty to you that is still in effect if permitted by the terms of the warranty.
RENTER’S RESPONSIBILITIES: Renter acknowledges and agrees that Renter is solely responsible for providing a site suitable for the Property and determining whether ground conditions are suitable for delivery, and is responsible for all costs and
expenses related to preparing the site for the Property. Lessor and its agents are not responsible for permits, setbacks, restrictions, or covenants that may affect, limit, or prohibit the placement of the Property at Renter’s desired location. It is the responsibility of the Renter to contact their local codes department or Homeowners Association as necessary to ensure compliance with such permits, setbacks, restrictions, or covenants. Renter will not use the Shed for any unlawful purpose.
INSURANCE, CONDITION OF PROPERTY, AND INSPECTION: You must maintain liability and hazard insurance on the Property during this Agreement. You agree that you have examined the Property, know its condition, and agree to rent it, “as is.” We make no representation or promises of any kind about the condition, quality, suitability or fitness for a particular purpose for the Property. To the extent permitted by law, we disclaim any Implied Warranty of merchantability or Fitness for a Particular Purpose. You agree that we have the
right to inspect the Property at all reasonable times.
ALTERATIONS/ADDITIONS: The leased property shall be used primarily for personal, family, or household purposes. Renter shall not permit the leased property to be altered for the construction of shelves, or fixtures, including but not limited to utility services, or the addition of equipment and accessories, or the placing of signs thereon and shall not permit the leased property to be tied or otherwise affixed to any real estate in such a manner that the same cannot be removed without damage to the leased property. Renter acknowledges and agrees that the Property is for storage purposes only and is not to be used for a residence of any kind, and is not to be permanently affixed to any other property or structure.
INSTALLATION AND REMOVAL OF PROPERTY: We will install the Property at the location you designate. We will not be responsible to any damage to your yard or other property due to our installation or removal of the Property.
LOCATION, EASEMENT, AND CONTENTS OF PROPERTY: You agree to keep the Property in your possession at the address listed above. If you move the Property without getting our prior written consent, it is a breach of this Agreement. If you get our consent to move the Property, you must pay all costs related to the move. You grant us a temporary easement to enter your premises for deliver and pick up the Property. You acknowledge that granting us the easement and waiver are material terms in this Agreement.
If this Agreement terminates for any reason, you agree to remove all contents from the Property before we pick it up or it is returned to
us. If you do not remove those contents, and we take possession of the Property, you agree that we can dispose of those contents as we see
fit with no liability to us.
INSPECTION/REPOSSESSION: Lessor shall have the right to examine and inspect the Property at all reasonable times. Renter agrees not to, in any way, restrict the Lessor, its agents and/or independent contractors from access to the leased property. Renter specifically grants to Lessor, its agents and/or independent contractors specific right of entry onto the Renter’s property during the
initial delivery of said rental property and during the repossession of such leased property, whether such repossession is at the
request of Renter or caused by Renter’s default, provided same can be done without breaching the peace.
Renter agrees to promptly remove all of Renter’s personal belongings and property at the termination of this agreement, whether
such termination is caused by Renter’s default, or by lapse of time, and Lessor may elect that any personal property not removed at such termination by Renter is deemed abandoned by Renter and same shall become the property of the Lessor without any payment or offset thereto. If Lessor shall not so elect, the Lessor may remove such property from the leased premises and store same at Renter’s risk and expense.
If the Renter is not the landowner where the property is delivered, the Renter hereby acknowledges that he/she has specific
permission from the landowner to have the property delivered and maintained on the landowner’s premises. Any damages resulting
from the Renter’s misrepresentation under this section shall be borne by the Renter.
TITLE, MAINTENANCE, AND TAXES: Renter shall be responsible for and pay to the appropriate lawful authority any property taxes, permit fees, and other similar government impositions and charges which may be levied or assessed with respect to the
Property. Lessor retains title at all times, unless and until Renter buys or acquires ownership of the property as provided herein. Except in West Virginia, the Renter is responsible for maintaining the leased property in good condition, fair wear and tear expected while it is in the Renter’s possession. In West Virginia, the Lessor shall be responsible for maintaining the leased property in working order and usable condition until such time as the Renter obtains ownership of the goods.
DEFAULT: If Renter fails to make any Rental Payment when due or fails to perform the obligations of the Renter under this
Agreement, or otherwise materially breaches this agreement (an “Event of Default”), Lessor shall be entitled to terminate this Agreement. In any such Event of Default, at its option, Renter will be liable for each late Rental Payment (at the maximum amount allowed by state law) or failure to perform obligations, and Lessor shall be entitled to enter Renter’s property to recover or repossess the Property (without a breach of the peace) and to sue Renter for any late or unpaid Rental Payments and Fees.
Renter shall be responsible for and pay to Lessor, in addition to such other damages as the court may award, all of Lessor’s reasonable attorneys’ fees, court costs and other related expenses of collection and/or repossession, including but not limited to collection agency and/or attorneys’ fees incurred in enforcing the terms of this agreement.
INCOME INTERRUPTION RIGHTS: If your income is reduced by 25% or more after you have paid at least half (1/2) of the Total Cost, above, you may qualify for a reduction in the amount of your renewal payments. To qualify for a reduction, the reduction of your income must be due to job loss, involuntary reduced employment, illness, pregnancy, or disability, and you must provide evidence of the amount and cause of the reduction. Upon proof of the reduction, we will reduce the amount of each renewal payment by the same percentage amount that your income has been reduced, up to a maximum reduction of 50%. This reduction will continue during the
period your income is reduced. Once your income is no longer reduced, your renewal payments will return to their normal amount, as
disclosed in this Agreement.
The Total Cost will not change. However, the length of this Agreement and the total number of rental payments that you will need to
make if you wish to acquire ownership of the Property will be increased.
LESSOR LIABILITY: Notwithstanding anything contained in this agreement to the contrary, Lessor shall not be liable to Renter or to any other person, firm or corporation by reason of the loss of, damage to or destruction or any contents contained from time to time in the Property, unless such loss, damage or destruction is due to gross negligence of Lessor or its employees. In the event, and whether or not such loss, damage or destruction for the property kept in the Property is due to the gross negligence of Lessor
or employees, or otherwise, the liability of Lessor shall not exceed the value of the Property. In this regard, Renter warrants and
guarantees to Lessor that no property in excess of the said limit of liability shall be placed in, or stored in the Property other than
at the sole peril of Renter.
ASSIGNMENT: You have no right to assign, transfer, pledge, encumber, pawn, sell, or sublease the Property or your rights under this Agreement without our prior written consent. We can sell, transfer, or assign this Agreement without notice to you.
ENTIRE AGREEMENT: This Agreement sets forth the parties’ entire agreement and may not be changed except by a writing signed by both Renter and Lessor.
BANKRUPTCY NOTIFICATIONS: Renter is hereby notified that this agreement is considered a true lease for bankruptcy purposes and should be scheduled and treated in accordance with 11 USC §365 if the Renter files a bankruptcy proceeding before obtaining ownership of the property.
ARBITRATION: ARBITRATION AND WAIVER OF JURY TRIAL. PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT
TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION. Agreement to Arbitrate. You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Nothing in this arbitration agreement is intended to prevent either of us from filing a lawsuit in an appropriate small claims court for an amount that does not exceed the court’s jurisdictional
limits. If counterclaims or other motions would cause the lawsuit to be removed from small claims court to another court, the dispute
must be resolved by arbitration.
What Arbitration Is. “Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to origination of your Rental Purchase Agreement (“Agreement”) and whether or not an Agreement is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement. For purposes of this arbitration agreement, the terms “you” and “your” include any co-signer, co-obligor, or guarantor and also your heirs, guardian,
personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean Lessor and include Lessor’s employees,
officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns, as well as Lessor’s marketing,
servicing, and collection representatives and agents.
How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may
first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts (“JAMS”). If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate an arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
American Arbitration Association
120 Broadway, 21st Floor
New York, NY 10271
Web site: www.adr.org
Telephone (800) 778-7879
JAMS, The Resolution Experts
18881 Von Karman Ave., Suite 350
Irvine, CA 92612
Web site: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267
The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this
arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration
agreement, the terms of this arbitration agreement will apply.
What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees
of arbitration, provided each party will be initially responsible for its own attorneys’ fees and related costs. Unless prohibited by law,
the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.
Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted within 30 miles of your then
current mailing address.
Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit,
and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
Applicable Law and Review of Arbitrator’s Award. The arbitrator shall apply applicable federal and Florida substantive law and the
terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of
class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Florida and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of Florida and applicable federal law.
Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to
any other person or entity.
Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you
must advise us in writing at the following address by either hand delivery or a letter postmarked no later than thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or status as a lessee at our address above.
SEVERABILITY CLAUSE: Every provision of this Lease is intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, the illegality or invalidity shall not affect the validity of the remainder of the lease. To the extent that any provision of this Agreement conflicts with or contravenes any applicable state or Federal law, such provision shall be deemed to be modified to conform to the relevant provision of state or Federal law.
PERMITTED COMMUNICATIONS: Renter agrees that Lessor or its agents including debt collectors may contact Renter regarding this Agreement/account at any number Renter provides to Lessor. If Renter provides Lessor with a cell phone number, Renter agrees that Lessor may contact Renter using that number and may also contact Renter via text messaging, regardless of whether Renter is charged by his or her service provider for the text or call. Renter agrees to be contacted via automatic dialing and prerecorded message system.
RIGHT TO REVIEW: Upon your request, we will give you a completed copy of this Agreement to review for up to 48 hours before signing. You may cancel this agreement if you have not taken possession of the property.
SIGNATURE: By signing this Agreement, you agree (1) that you have read and understand this Agreement and that you received a signed copy of it; that
you have been given a signed copy of this Agreement with the blanks filled in; that we have the right to assign this Agreement to someone else and that you will have to make payments to that person if we do so.
NOTICE TO LESSEE – READ BEFORE SIGNING
NOTICE TO CONSUMER