TENANT PROPERTY PROTECTION PLAN
NEITHER THE FACILITY OWNER NOR THE LEASING REPRESENTATIVE (MANAGER) IS AN INSURANCE AGENT. THIS IS NOT AN INSURANCE POLICY, AND THE OWNER IS NOT AN INSURANCE COMPANY. THE OWNER SHALL PERFORM THE OBLIGATIONS DESCRIBED IN THIS TENANT PROPERTY PROTECTION PLAN AND ASSUMES THIS BUSINESS RISK ON ITS OWN. OWNER MAY PURCHASE INSURANCE COVERAGE TO TRANSFER PART OR ALL OF THE LIABILITY RETAINED UNDER THIS PROTECTION PLAN.
- Basic Service
This storage facility provides you (herein referred to as “Tenant”) with a basic level of service pursuant to the terms & conditions of the rental agreement signed by the Tenant. The occupancy rental agreement states:
A. The Self Storage Operator is not liable for loss of or damage to Tenant’s stored property.
B. The Tenant’s property is stored at its sole risk of loss or damage.
C. The Tenant will have or will obtain a protection plan or insurance or will be self-insured.
D. The Owner is offering a “Protection Plan” for an additional fee per unit collected monthly with the rental fee. This fee will cease immediately upon move out.
E. The Protection Plan addendum provides an option to protect the Tenant’s stored goods and offers reimbursement to the Tenant for specific losses.
- The Property Protection Offer and Limit (Owner)
In consideration of the payment of the Additional Rental Fee (Protection Plan amount) per month, the Owner waives the release of liability for property damage in the Tenant rental agreement up to the PROTECTION PLAN LIMIT indicated on this form. This limited assumption of liability is a modification to the waiver of liability in the Rental Agreement. Owner’s responsibility is limited to the liability for losses that occur as a result of Owner’s negligence or because of acts or omissions for which Owner is liable under the law, including, but not limited to, vicarious liability, intentional tort, strict liability, and breach of common law of statutory duty. Owner’s liability will arise ONLY IF Owner is negligent or breaches some other duty to the Tenant AND the Tenant suffers loss.
The most the Owner will pay for any loss or damage to stored goods under this plan is the PROTECTION PLAN LIMIT stated on the Facility/Customer Addendum or per additional protection requested and confirmed through the Owner’s written documentation. The Owner has no liability for loss of or damage to Tenant’s stored goods beyond the PROTECTION PLAN LIMIT agreed to by Owner under the Protection Plan purchased and agreed upon by the Tenant.
Examples of when Owner would be liable include but are not limited to: IF Owner is negligent by not repairing the roof, AND you suffer a loss due to water damage, THEN the Owner will be liable for your loss, subject to the limitations below; or, IF a fire occurs as a result of Owner’s negligence or other breaches of his duty, AND you suffer a loss due to fire or smoke damage or water damage, THEN Owner will be liable for your loss, subject to the limitations below; or, IF theft or vandalism occurs because of Owner’s negligence or other breaches of his duty, AND you suffer a loss due to theft or vandalism damage to your property, THEN Owner will be liable for your loss, subject to the limitations below. The Owner is not liable for loss in excess of the amount Occupant requests in this Addendum and which is set forth as the limit of Owner’s liability.
- Liability Not Assumed by Owner (Exclusions)
The Owner will not pay for damage to the Tenant’s stored property caused by:
A. Flood, surface, or tidal water, underground water, storm surge, waves, or any body of water overflow; water back up, overflows from a sewer, drain or sump and general Tenant or employee caused accidental discharge of substances from within plumbing, heating, air conditioning or fire protection systems.
B. Mold, mildew, or wet or dry rot.
C. War or military action, invasion, an act of foreign hostility, acts of terrorism declared or undeclared, civil commotion, rebellion, loss due to an act of civil authority.
D. Nuclear reaction, radiation or radioactive, biological, chemical, contamination, pollution or smoke (off-premises smoke), electromagnetic disruption, computer virus or processes, pressure waves, aircraft/aerial devices.
E. Loss due to moths, insects, or other vermin, which Tenant and Owner must take appropriate action to prevent. EXCEPTION: Rodent damage is paid up to a maximum of $500. Rodent coverage is null and void if food is stored within the unit.
F. Loss or damage resulting from unknown or mysterious disappearance or theft without forcible and violent signs of entry into a securely locked unit.
G. Loss or damage from an earthquake.
H. Loss or damage occurring during loading and/or unloading and/or not contained within the storage unit at the time of the loss.
I. Water damage from surface water or moisture to items stored directly upon the floor or in cardboard boxes stored directly upon the floor.
J. “Act of God” losses are defined as ten (10) or more units that sustain losses due to earthquakes, volcanoes, tornadoes, hurricanes, wildfire, and floods and are reported locally or by the National Weather Bureau Bulletin. “Act of God” losses are excluded from this Protection Plan coverage unless these conditions are met. A claim must first be filed through the Owner’s Property and Casualty (P&C) insurance policy. Should the claim not be paid in full by the P&C policy, Tenant Property Protection, at its discretion, may pay up to the new Protection Limit which is a 50% stop loss per unit after 10 or more units are affected by a single loss. Under no circumstance is Tenant Property Protection responsible for paying first or in full for “Act of God” claims.
K. “Catastrophic” losses are defined as 10 or more units that sustain loss or damage due to non-published events. If a “Catastrophic” loss occurs involving 10 or more units due to lack of security, improper facility maintenance, employee dishonesty/theft, arson, riot or Owner negligence, a claim must first be filed through the Owner’s Property and Casualty (P&C) insurance policy. This single catastrophic loss at 10 or more units will transition to cover damages up to a 50% stop loss of the Protection Limit. Under no circumstance is Tenant Property Protection responsible for paying for “Catastrophic” loss claims.
- Goods and Losses Not Included in the Protection Plan.
A. Tenant’s property placed/stored outside of the Tenant’s locked storage unit or transported outside of the fenced, gated, monitored and secured area of the storage facility, whether in a vehicle or mobile storage unit/pod, will not be covered for loss or damage. Coverage is intended for on-site facility storage only.
B. Cars, motorcycles, boats or other recreational vehicles, or the like, placed or stored outside of the Tenant’s locked storage unit.
C. Consumer or commercial electronic items exceeding the limit of the Protection Plan purchased.
D. Any legal document or item of monetary or personal value such as money, gold, silver, copper, travelers’ cheques, money orders, banknotes, checkbooks, deeds, securities, bonds, wills, insurance policies. This partial list is provided as an example and a guide only.
E. Precious items including, but not limited to, jewelry, watches, precious or semi-precious stones, or stamp or other collections. The only exception is a provisional protection limit for these items not to exceed $500 in combined total coverage and only with a certificate of authentication.
F. Furs, antiques, works of art, musical instruments, perfumes, wines, spirits, cigars, and the like.
G. Animals, food, firearms, ammunition, explosives, flammables, and combustibles.
H. Items deemed contraband, illegal, or stolen.
I. Any items not permitted to be stored under the terms of the rental/lease agreement.
J. Loss of stored data records will not be replaced except for the replacement price of the blank data disks/storage only, which contain the records.
- Failure to Pay Rent
If rent is not received on the due date, Tenant’s Protection Plan shall terminate. Owner shall not be liable for any loss or damage that occurs during termination. At Owner’s sole discretion, the Tenant’s Protection Plan may be reinstated upon payment in full of all rents and charges due and owed. Any loss or damage that has occurred during the period of non-payment will NOT be covered.
- Maximum Owner Loss Payment
The Owner will pay the lesser of the actual amount Tenant pays to repair the damaged item(s) or to replace them with property of similar quality and where it is economical to do so. If a total loss occurs, the basis of payment shall be the cost of replacing the item as new provided that the item is substantially the same as, but not better than, the original when new. The Owner may decide to offer payment instead of cost to repair or replace. In no event will Owner pay more than the PROTECTION PLAN LIMIT. The Owner’s reimbursement for loss is indemnified and at the discretion of their 3rd party PROTECTION PLAN provider – Tenant Property Protection, LLC. All claims will follow the guidelines stated in these protections and exclusions.
- Tenant’s Duties in Event of a Loss
A. Any loss or damage resulting from burglary, vandalism, malicious mischief, or a vehicle collision must be reported immediately to the police department in the jurisdiction where the loss occurs and also to the facility owner or manager.
B. A copy of the police report must be obtained by the Tenant and provided to the TPP claims adjuster.
C. Do not move, remove or discard any items from your unit until cleared to do so by the claims adjuster, Owner or manager.
D. If the claims adjuster is unavailable, take photographs and/or video of the loss or damage in your unit to include with your claims report.
- The Occupancy Rental Agreement and Modifications/Termination of Protection Plans
A. All terms and conditions of the occupancy rental agreement not explicitly modified by this Addendum are in effect and binding on both Owner and Tenant.
B. Participation in this Protection Plan is NOT required as a condition of leasing a unit at this Self Storage Facility. The Tenant may cancel participation in this Protection Plan via a ten (10) day written notice to the Owner. The Owner may cancel this Protection Plan with a written thirty (30) day notice to Tenant (unless terminated earlier by rent non-payment or abuse of risk terms to receive undue gain).
C. The terms and conditions of this plan are subject to change at the option of the Owner upon a thirty (30) day written notice. If changed, the Tenant may terminate the Protection Plan on the effective date of change by giving the Owner a written (10) days’ notice to terminate.
D. If the Tenant purchases a Protection Plan the following month, the updated addendum change(s) will be effective on the date stated in the Owner’s original notification. The Tenant must notify the Owner if they wish to change the PROTECTION PLAN LIMIT to a higher or lower amount when reapplying.
- Notification and Claim Filing Time Limits
A. Notice of loss and/or damage must be made to the Owner at the time of the discovery of loss or damage to Tenant’s property or when discovered upon removing the property from the unit, whichever is the soonest. All claims must be submitted within 30 days to be honored. Claims processing may take up to 30 days after the completion of tenant’s reporting and claim adjudication.
B. Cooperation: As a condition for payment under the Protection Plan Addendum, Tenant must cooperate with the designated licensed adjuster from the Protection Plan provider (Tenant Property Protection).
C. Please visit tppclaims.com for claims handling and instructions. A toll-free number is provided at this site.