MONTHLY PARKING TERMS AND CONDITIONS
- Parking Rights. The purchase of a Parking Permit grants the Monthly Card Holder a license to park at the Pi Alley Garage, conditioned on thetimely payment of parking fees and any additional charges that may be due, and compliance with these Rules and Regulations, as amended fromtime to time. The Monthly Card Holder may cancel parking privileges as of the end of any given calendar month on at least thirty (30) days priorwritten notice to Operator via email to admin@pialleygarage.com with a verification reply email from Pi Alley or via Certified Mail .Operatorreserves the right to cancel parking privileges at any time, although Operator will endeavor to provide at least thirty (30) days prior written noticeof cancellation except in the case of
(i) circumstances beyond Operator’s control, or
(ii) the Monthly Card Holder’s failure to pay amounts whendue or other violation of these Terms and Conditions. - Non-Assignable. Parking privileges may not be transferred, assigned or resold.
- Monthly Cardholder Application. The Monthly Card Holder must complete and deliver to Operator a “Monthly Card Holder Application”(copy on reverse) to obtain parking privileges. If the information supplied should change, or if Operator should modify the Monthly Card HolderApplication, the Monthly Card Holder must promptly submit a new Monthly Card Holder Application.
- Monthly Card. A card allowing access to and from the Garage (“Monthly Card”) will be issued upon the applicant’s
(i) submission of acompleted Monthly Card Holder Application, and
(ii) payment of the initial monthly parking fee. The Monthly Card may be used only inaccordance with these Terms and Conditions, and at all times remains the property of Operator. - Monthly Parking Fees. Monthly parking fees are established by Operator and are subject to change (Operator will give Monthly CardHolders as much advance notice of change as is practicable). Notices will be posted at the garage and/or sent via an emailed invoice. Monthlyparking fees cannot be prorated or otherwise adjusted for periods during which the Monthly Cardholder does not use parking privileges. Themonthly parking fee must be paid by check or credit card, prior to the first day of the month to which it applies. Operator reserves the right toassess a $25 charge, which shall be due from the Monthly Card Holder within 10 days from the date of assessment, for any check that is nothonored when presented for payment, credit card that is declined or expired, or payment received after the 5th of the month in which it is due.
- Lost, Stolen or Damaged Monthly Cards. Lost, stolen or damaged Monthly Cards will be replaced promptly upon payment of thereplacement fee in effect at that time. A Monthly Card which cannot be used due to a defect not caused by the Monthly Cardholder will bereplaced without charge. In no event will Operator or the Garage be responsible for value lost or costs incurred, or for the inability of a MonthlyCard Holder to use the Garage, due to a lost, stolen, damaged or defective Monthly Card, nor shall monthly parking fees be prorated, refunded, orotherwise reduced by reason thereof. Fees paid for accessing the garage without the card cannot be refunded.
- Use of the Garage. Operator may establish operating rules relating to proper use of the Garage. A Monthly Card Holder must comply withsuch operating rules, these Rules and Regulations and other applicable laws and regulations, and shall follow safe driving practices at all timeswhile in the Garage.
- No Commercial Use. The Monthly Card may be used only to park a passenger car, van or light truck having a maximum height no greaterthan the maximum height posted and of such length and width such that it fits within a conventional parking space. The Garage may not be usedfor parking commercial vehicles or as a staging area for commercial transportation, delivery or other services, except with Operator’s priorwritten consent.
- No Storage, Abandonment. The Garage may not be used for storage of vehicles or other equipment. Any vehicle or equipment remaining inthe Garage for more than thirty (30) calendar days shall be deemed abandoned and may be removed from the Garage, in which event neitherOperator nor the Garage owner shall have any liability to any person for loss or damage on account of such removal. All costs incurred inremoving and storing any such abandoned vehicle or equipment shall be reimbursed by the Monthly Card Holder upon being billed therefore byOperator. No vehicle may be left in the garage for more than 14 consecutive days without prior written approval of Operator.
- Default. If the Monthly Card Holder
(i) fails to pay any monthly parking fee when due,
(ii) fails to pay any additional charge imposed underthese Rules and Regulations within ten (10) days after being billed therefore, or
(iii) violates these Terms and Conditions in any other respect andfails to cure such violation within any cure period reasonably designated by Operator (it being understood that no cure period will be afforded inthe case of repeated or egregious violations), Operator may immediately suspend all parking privileges and deactivate the Monthly Card. - Interest on Late Payments. Interest shall accrue on all overdue and unpaid parking fees and any other unpaid charges, commencing on thefirst day of the month in which payment thereof became due, at an annual rate of eighteen percent (18%).
- No Liability of Operator or Garage Owner. Payment of the applicable monthly parking fee grants the Monthly Card Holder a license topark only, and no bailment is intended or shall be deemed created. To the fullest extent permitted by law, neither Operator nor the Garage Owner,nor their respective officers, directors, beneficiaries, agents, employees, successors and assigns, shall be responsible or liable to any extent for
(i)damage to or theft of any vehicle or its contents due to fire, collision, vandalism or any other cause,
(ii) injuries or liabilities suffered by any person while using the Garage; or
(iii) any losses or other damages incurred by any party by reason of that party’s inability to use the Garage.
