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Parking Spot Rental Agreement
BETWEEN:
PROVIDING USER
as set out in the Booking (defined below)
– and –
PARKER
as set out in the Booking (defined below)
WHEREAS the Providing User is a registered user of the GrydPark Platform (as that term is defined in the GrydPark Terms of Service of GrydDigital Media Ltd. currently located at parkwithgryd.com/terms-of-service (the “Terms of Service”) and has made available on the Gryd Platform a parking spot (the “Spot”) described in the Booking (as defined below) for the purpose of providing Parking Services in connection with the Spot;
AND WHEREAS the Parker is a registered user of the GrydPark Platform and has booked through the GrydPark Platform the Spot for the purpose of obtaining the Parking Services in connection with the Spot on the terms and conditions of and for the period set out in the booking (the “Booking”);
AND WHEREAS the Booking, use of the Spot and the provision the Parking Services by the Providing User to the Parker as contemplated in the Booking shall be in accordance with and subject to the terms and conditions of this Agreement;
AND WHEREAS any capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Terms of Service.
IN CONSIDERATION of the mutual covenants hereinafter contained, the parties hereby agree as follows
1. Parking Spot.
Subject to the terms and conditions contained herein, the Providing User agrees to rent to the Parker the Spot and the Parker agrees to rent the Spot from the Providing User at and for the period set out in the Booking, subject to any extensions or modifications to such booking period made through the GrydPark Platform (the “Booking Period”).
2. Rental Fees.
The Parker agrees to pay to GrydPark, acting as a limited collection agent on behalf of the Providing User as specified in the Terms of Service, rental fees in the amount specified in the Booking, together with all Service Fees and Taxes as specified in the Booking.
3. Use of Spot.
During the period of the Booking, the Parker shall be entitled to park one (1) vehicle described in the Booking (identified by its license plate number) (the “Vehicle”) at and upon the Spot. The Parker agrees that the Spot shall only be used and occupied for the purposes of parking the Vehicle and the Parker shall not use the Spot or the Vehicle:
- for vehicle repairs or maintenance (except where such repairs may be necessary in the event of an emergency);
- for any activities that contravene any applicable laws, rules or regulations;
- in any way that could cause a disturbance or nuisance to the Owner, Property Manager, Tenant, other users of the parking lot, parkade, building or facility where the Spot is located (the “Facility”) or any surrounding properties.
- No trailers or recreational vehicles may be parked in the Spot. The Vehicle must be properly insured, licensed and in compliance with all applicable laws. If the Parker is not the person operating the Vehicle, the Parker shall be responsible for ensuring that the driver complies with all of the terms, conditions and covenants of this Agreement.
4. Damage.
4.1. The Parker shall be responsible for any damage caused to the Spot, the Facility or any property of the Owner, Property Manager, Tenant or any other person (“Damage”) arising from the use of the Spot or the Parking Services by the Parker. The Parker shall immediately notify the Providing User, by contacting GrydPark, of the occurrence of any such Damage.
5. Responsibility for Other Invitees.
The Parker is responsible for its own acts and omissions and is also responsible for the acts and omissions of any passengers or individuals to whom it provides access to the Spot, including for any Damage caused by the acts or omissions of such persons. The Parker shall not permit any other party to use the Spot except as passengers in the Vehicle.
6. Access.
Subject to the Facility Rules and any other rules or restrictions identified in the Booking, the Parker shall be entitled to use the walkways, stairs, elevators, ramps, driveways (each where applicable) and other areas of the Facility in common with all others entitled thereto for the purpose of ingress and egress to and to and from the Spot. The Providing User represents and warrants that the Parker will not require any other permits, passes, credentials or fobs in order to make use of the Spot or the Parking Services.
7. Representations, Warranties and Covenants of Providing User.
The Providing User represents, warrants and covenants:
- that the Providing User has full authority to rent the Spot to the Parker in accordance with the terms of the Booking, the Terms of Service and this Agreement;
- where the Providing User is a Tenant, that the Providing User has and will, during entirety of the Booking Period, have a valid ownership right, leasehold interest or license to use the Spot;
- that any information provided to the Parker applicable to the Spot or the Parking Services is complete and accurate and not misleading in any material respect;
- that the Providing User has disclosed or made available to the Parker all rules, restrictions or conditions that apply to the Spot including, without limitation, the Facility Rules and any restrictions on size or types of vehicles that are able to access or use the Spot;
- that the Spot shall be open, available for use by the Parker and reasonably clear of debris at the start of the Booking Period will remain available for use by the Parker for the duration of the Booking Period; and
- that the entering into of the Booking, this Agreement and the performance by the Providing User and the Parker of their respective obligations under this Agreement (i) will not breach any agreements the Providing User has entered into with any third parties or the Facility Rules, and (ii) complies with all applicable laws and other rules and regulations.
8. Representations, Warranties and Covenants of Parker.
The Parker represents, warrants and covenants:
- that the Parker (or, if the Parker is a passenger in the vehicle that will be used in connection with the Parking Services, the person(s) operating the Vehicle) has a valid driver’s license sufficient to operate the Vehicle and is entitled to the benefit of all insurance coverage as may be required by law;
- that the entering into of the Booking, this Agreement and the use of the Parking Services in accordance with the terms of this Agreement in connection with the Booking will (i) not breach any agreements the Parker has entered into with any third parties, and (ii) complies with all applicable laws and other rules and regulations;
- that the Parker shall, during the Booking Period, keep the Spot reasonably clean and free of debris and leave the Spot in the same condition as the Spot was in at the start of the Booking Period;
- that the Parker shall abide by all of the Facility Rules; and
- that the Parker shall ensure that the Vehicle is properly parked within the confines of the Spot and does not encroach or obstruct any other parking spot, roadway or walkway.
9. End of Booking Period.
The Parker agrees to vacate the Spot no later than the end of the Booking Period. If the Parker fails to vacate the Spot prior to the end of the Booking Period (“Overholding”), the Parker no longer has a license to possess and use the Spot and, in the event over Overholding greater than two (2) hours the Owner, Property Manager and/or Tenant shall be entitled to have the Parker’s vehicle towed at the Parker’s sole cost and expense. In the event of Overholding, the Parker shall be responsible for any Overholding Fees and Taxes contemplated under the Terms of Service.
10. Release by Parker.
The Providing User accepts no liability for the loss or damage to any vehicles (including the Vehicle) parking upon the Spot or Facility or the contents of such vehicles. The Parker releases the Providing User from every claim it has or might have in connection with anything that might occur upon, in or at the Spot or Facility, except only to the extent resulting from (i) the willful misconduct or gross negligence of the Providing User or any person for whom the Providing User is responsible at law; or (ii) a breach of this Agreement by the Providing User.
11. Indemnification.
Each of the Providing User and the Parker (the “Indemnifying Party”) and their respective successors shall indemnify the other party and their landlords, property managers, tenants, employees, officers, directors, agents, licensees and successors in title, as applicable (collectively the “Indemnified Party”) from and against any damage, loss, injury, claim, demand or suit (“Claims”) whatsoever which relate to property or persons, in each case as a result of, or in any way in connection with:
- any breach by the Indemnifying Party of its representations and warranties, any failure by the Indemnifying Party to perform or comply with any covenant or other obligation stipulated or arising out of this Agreement, or any failure by the Indemnifying Party to perform or comply with any obligation under any applicable law; or
- the negligence, fault or omission of the Indemnifying Party or of any of its employees, agents or representatives acting on its behalf in the performance of its obligations herein, or any person for whom the Indemnifying Party is responsible at law.
14. Assignment.
The Parker may not assign its rights under this Agreement. The Providing User may only assign its rights under this Agreement in the event of an assignment of its GrydPark Account completed in accordance with the Terms of Service.
15. Severability.
In the event that any provision of this Agreement is held to be invalid, that provision or part thereof shall be severed without affecting the balance of this Agreement.
If you have any questions please email us [email protected].
Last modified: September 21, 2022
