Auto Storage Application Request

Annex Houston is a fully insured facility, but your vehicle is not insured by Annex Houston. You represent that the vehicle is insured including the state minimum requirements for liability. You agree to indemnify and hold harmless Annex Houston, its agents, employees and all third parties for any damages the vehicle might incur related to the storage of the vehicle at Annex Houston. You represent that no illegal content will be stored inside the vehicle at all times. No gas, chemicals, or other flammable materials are to be stored.

This Vehicle Storage Agreement ("Agreement" or "Storage Agreement") between Auto Annex, LLC, a Texas limited liability company doing business as” ANNEX Houston” or "ANNEX” and the individual(s) named above ("Vehicle Owner") covers the agreement by ANNEX to store the vehicle(s) identified above pursuant to the following terms and conditions. “Vehicle” in the Agreement also means “Vehicles.”

Services Provided: ANNEX provides active storage for the vehicle in a climate-controlled environment. Services include: starting car and running engine at least once-a-month; monthly basic car washes included; and vehicle batteries will be placed on battery tender Additional services, such as detailing, repair, maintenance, consignments for sale, and other services can be provided by third-party providers upon request by Owner. Owner will contract directly with them, is responsible for all third-party charges and fees, and understands that ANNEX is not responsible in any way for third-party services. Owner assumes all risk of the use of third-party service providers. ANNEX may recommend and facilitate use of third-party providers, without incurring any responsibility for their acts nor guaranteeing the quality of their work.

Storage Fees: For and in consideration of ANNEX's agreement to store the Vehicle at the Facility, pursuant to this Agreement, Vehicle Owner shall pay to ANNEX the Storage Fee set forth above, and all other chargeable Fees described in this Agreement. Payments of fees may be made by ACH electronic transfer, credit card, cash, check, cash apps. Fees and discounts are subject to change at the sole discretion of ANNEX, but no more frequently than once every 12 months. The Monthly Rate is for storage ONLY and do not include fees or charges for any other services. There will be no proration of any monthly Storage Fees.

Termination: Either party may terminate the Agreement at any time upon 30 days-notice. Once notice of termination has been given, Owner shall retrieve the Vehicle on or before the end of the month following notice. Failure of Owner to remove the vehicle by the end of the month following notice of termination of the agreement shall constitute automatic renewal of the Agreement for following month, and all months thereafter in which the vehicle is not removed. If after termination there is a holdover by Owner, this Agreement shall continue on a month to month basis at the monthly rate set by ANNEX at its sole discretion until the vehicle is removed. In any holdover period, at ANNEX’s discretion it may declare a default upon 30 days’ notice, subject to the Default Clause below.

No Designated Space: Vehicle Owner acknowledges that it is not leasing a specific space or location within the Facility and that the Vehicle may be stored, or moved to, anywhere in the Facility as deemed appropriate by ANNEX, in its sole discretion. Vehicle Owner also acknowledges and accepts that access into the Facility is limited to the location of pick-up and drop-off, as designated by ANNEX. VEHICLE. OWNER HAS NO RIGHT OF ACCESS TO ANY OTHER AREAS OF THE FACILITY unless accompanied by a designated ANNEX staff member and such access may be granted or denied at ANNEX's sole discretion. Vehicle Owners are not allowed to conduct any maintenance, service, or repairs within the facility.

Facility Tours: Vehicle Owner understands and agrees that ANNEX may, from time-to-time, offer site tours for the purpose of selling storage space. Any such tour will be overseen by ANNEX with representatives on site for the period from set up through take-down. Such events are held outside the vehicle storage area; however, guided tours are often provided. Tours, if any, are conducted in a manner consistent with Garage Rules and Regulations, are limited in size, and escorted by ANNEX employees and representative docents. Guest movement is strictly limited to the primary access aisles of the Facility. Guests are forbidden from touching or otherwise interacting with the vehicles. Guests are prohibited from taking photos of vehicles with visible license plates and are asked to refrain from posting any photos to social media.

Required Detailing/Cleaning of Vehicle: Vehicle Owner acknowledges that ANNEX strives to maintain a clean environment for the storage of all of its customer's vehicles and that providing detailing services is an integral part of ANNEX's business. Therefore, Vehicle Owner acknowledges and agrees that the Vehicle is subject to a mandatory maintenance detailing and cleaning each time the Vehicle re-enters the Facility for storage. The Fee of this service will be billed to Vehicle Owner in accordance with then current rates.

Record of Vehicle Condition: The cosmetic condition of the Vehicle will be noted upon first arriving at ANNEX, prior to leaving the Facility with Vehicle Owner or its representative, and again upon returning and before being moved into storage. Vehicle Owner understands and agrees that the inspection notes and/or photos will be relied upon to establish the party at fault in the event damage is found on the Vehicle. Vehicle Owner shall notify ANNEX of any changes in the Vehicle's cosmetic or operational condition, and ANNEX will do the same. Vehicle Owner shall have the obligation to maintain the Vehicle in operable condition and in good repair unless otherwise agreed to by the parties. ANNEX and Owner may examine the vehicle together, noting any defects in a writing initialed by both parties.

Insurance: VEHICLE OWNER SHALL MAINTAIN ITS OWN SEPARATE LIABILITY AND CASUALTY INSURANCE COVERAGE FOR THE VEHICLE AND VEHICLE OWNER'S PERSONAL PROPERTY STORED IN THE VEHICLE OR FACILITY THAT MEETS THE TEXAS MINIMUM REQUIREMENTS FOR CAR INSURANCE, WITH CASUALTY COVERAGE SUFFICIENT TO COVER TOTAL LOSS. CASUALTY SHALL INCLUDE LOSS FROM FIRE, EXPLOSION, THEFT, VANDALISM, WATER DAMAGE, ACTS OF GOD, AND FROM ANY OTHER CAUSE OWNER MUST PROVIDE ANNEX WITH PROOF OF INSURANCE AT THE BEGINNING OF THIS CONTRACT, AND WITHIN 10 DAYS OF THE POLICY’S RENEWAL OR REPLACEMENT. IF THE INSURANCE COVERAGE TERMINATES OR LAPSES AND IS NOT IMMEDIATELY REPLACED, ANNEX MAY, BUT IS NOT REQUIRED TO, TERMINATE THIS AGREEMENT. ALTERNATIVELY, ANNEX MAY PURCHASE INSURANCE FOR THE VEHICLE ON THE TERMS AND CONDITIONS ANNEX’S CHOOSES AT ITS SOLE DISCRETION, AND ALL FEES AND COSTS FOR SUCH INSURANCE, PLUS AN ADMINISTRATIVE FEE OF NO MORE THAT 100% OF THE COST OF THE POLICY, SHALL BE DUE FROM OWNER WITHIN TEN (10) DAYS AFTER BEING INVOICED. FAILURE TO PAY SHALL BE A MATERIAL BREACH OF THIS CONTRACT.

Access and Right to Move Vehicle: Vehicle Owner hereby authorizes ANNEX, its agents, employees, and owners to operate, drive, or otherwise move the Vehicle in and around the Facility as needed at ANNEX's sole discretion and without Vehicle Owner's prior approval. In addition, Vehicle Owner authorizes ANNEX to move the Vehicle out of the Facility, at ANNEX's sole discretion, wherever necessary in the event of a) an emergency or perceived emergency or threat, b) to make repairs or alterations to the Facility, c) for routine maintenance and cleaning, and d) at the request of any governmental agency, including police and fire protection. In any instance, Vehicle Owner will defend and hold ANNEX harmless from any and all claims for damage or liability even if such loss is caused in part from the negligence of ANNEX, its employees, or agents.

Default: For purposes of this default clause, this Agreement shall be deemed a commercial lease. Vehicle Owner shall be in default if any Storage Fee or any other charge due under this Agreement is not paid within ten (10) days following the due date; or if Vehicle Owner shall fail to perform or fulfill any other terms, provisions, or conditions of this Agreement, including providing proof of insurance. During default, Vehicle Owner understands and agrees that its access to the Vehicle may be denied until all past due Fees and any other amounts owed have been paid in full. If there is a default by Vehicle Owner, ANNEX may, at its sole option, terminate this Agreement upon ten (10) days written notice to the Vehicle Owner (which may be by email). Notwithstanding the foregoing, in addition to any other liens accorded to ANNEX by law, Vehicle Owner expressly gives ANNEX a contractual lien upon the Vehicle and all of Vehicle Owner's property stored in the Facility for its failure to pay Storage Fees and other lawful charges incurred in connection with this Agreement. If Vehicle Owner fails to pay the Storage Fee when due, ANNEX, within the time and in the manner permitted by law, may seize and take possession of Vehicle and any personal property then stored in the Facility and sell same at a public sale in accordance with Texas law. IN THE EVENT OF DEFAULT AND ANNEX SHALL HAVE THE RIGHTS AND DUTIES OF A LANDLORD UNDER TEXAS PROPERTY CODE §§54.044 & 54.045 WHO HOLDS A CONTRACTUAL LANDLORD’S LIEN. In the event any check tendered to ANNEX by Vehicle Owner is dishonored for any reason, Vehicle Owner agrees to pay a Twenty-Five Dollar ($25.00) fee for each dishonored check.

Prohibited Conduct: Vehicle Owner understands and agrees that there is no smoking nor carrying of any open flames of any nature allowed in or onto the premises or the Facility. The carrying of firearms in or around the Facility is expressly prohibited. Storage of any illegal substance or thing in, on or around the vehicle is strictly forbidden.

Rules and Regulations: Vehicle Owner agrees to be bound by the Rules and Regulations as posted by ANNEX and which may be changed from time to time. All Rules and Regulations shall be deemed to be part of this Agreement and incorporated therein.

RELEASE OF LIABILITY AND INDEMNITY: VEHICLE OWNER AGREES TO ENTER AND USE THE FACILITY AT VEHICLE OWNER'S OWN RISK. VEHICLE OWNER INDEMNIFIES AND HOLDS ANNEX AND SILVER ELITE LP, ITS OWNERS, DIRECTORS, OFFICERS, MANAGERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY AND ALL AND ALL CLAIMS AND LOSSES ARISING IN ANY WAY, INCLUDING DURING PERIODS TRANSFERRING VEHICLE TO AND FROM ANNEX, FROM THE STORAGE OF THE VEHICLE WITH OR AT ANNEX.

Limitation of Liability: Notwithstanding anything else contained in this Agreement to the contrary, Vehicle Owner acknowledges that ANNEX's total responsibility for any loss from any cause whatsoever shall not exceed a total of one year's Storage Fees at ANNEX for a single Vehicle. Neither party to this Agreement, nor any affiliate thereof, shall be liable for any lost or prospective profits or any other indirect, consequential, special, incidental, punitive, or other exemplary losses or damages, whether based in contract, warranty, indemnity, negligence, strict liability, or other tort or otherwise, regardless of the foreseeability or the cause thereof. Maximum damages for incidences caused by employees of ANNEX will be equal to the cost to repair and excludes diminution of value claims, and all other claims not specific to said damage. It is understood and agreed that the real property at which the ANNEX facility is located is owned by SILVER ELITE, LP and that ANNEX is its tenant. In no event will Vehicle Owner have any claims against, nor right to recover damages from, SILVER ELITE, LP, its owners, managers, directors, officers, employees, agents, or assigns. Owner indemnifies and holds SILVER ELITE, LP harmless from any and all claims, costs, attorney’s fees, expert fees, and all costs, fees, judgments, assessments, taxes, fines, penalties, travel, interest and other costs of any kind arising from this Storage Agreement. In the event of any claim against SILVER ELITE, LP, SILVER ELITE LP can hire the attorney of its choice to defend itself, and Owner shall pay such defense attorney’s fees and related costs as they are invoiced, whether such fees are to be earned (and invoice is for a retainer) or for services performed.

Attorney's Fees and Costs: If the Vehicle Owner breaches this Agreement and ANNEX commences collection action against the Vehicle Owner or sells Vehicle Owner's Vehicle or other personal property, Vehicle Owner shall reimburse ANNEX all of the expenses, court costs and legal fees it incurs in any collection related action. ANNEX shall not be obligated to pay any expenses, court costs or legal fees of Vehicle Owner under any circumstances.

Entire Agreement; Law; Binding effect: This Agreement contains the entire agreement between the parties and cannot be changed, modified, or altered except by a written document signed by both parties. This Agreement and any actions between the parties shall be governed by Texas law; and jurisdiction and venue is proper in Harris County, Texas. This Agreement and the covenants and provisions hereof shall be binding upon the parties hereto, their heirs, agents, executors, legal representatives, successors and assigns.

Vehicle Owner Access: Vehicle Owner shall have access to the Vehicle during ANNEX's normal posted business hours and after hours by appointment. ANNEX may, in its sole discretion, require verification of identity and signature to retrieve the Vehicle. Only Owner and their authorized representatives identified above shall have access to the Facility and Vehicle.