Monthly Parking

Personal Information Section One
 
Vehicle Information Section Two
 
Parking Location Section Three
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Agreement and Terms Section Four
Please Read Carefully

I certify that the above information is correct as of this date, and agree to give prompt written notice of any changes to First Class Parking. I understand that payment of parking charges is due on the first day of the month to which the charge applies, and that nonpayment will result in the cancellation of parking privileges. I agree to fully comply with the Monthly Parking Agreement in Section Four.

Monthly Parking Agreement

Upon acceptance of this Monthly Parking Agreement (“Agreement”), First Class Parking (“FCP”) shall grant you (“Customer”) a license to use a parking space (or parking spaces) at the facility. Please read the following terms and conditions carefully, as Customer’s acceptance below shall result in a legally binding contract. Any notices to FCP shall be sent to customer service at info@firstclassny.com.

1. FCP hereby grants a license to Customer to use one or more parking spaces (as designated by FCP) at the facility chosen by Customer. This Agreement shall commence on the commencement date (“Commencement Date”) stated in the monthly parking application (“Application”) and shall continue from month-to-month until either party provides thirty (30) days’ prior written notice of non-renewal, unless terminated earlier as specified herein. If Customer is entering into this Agreement for Customer’s employees, Customer represents that Customer has the authority to enter into this Agreement on behalf of its employees, and all terms and conditions of this Agreement shall be binding on Customer’s employees. Customer shall also be responsible for the acts of Customer’s employees as if such acts were Customer’s own acts.

2. Customer (and Customer’s employees, if applicable) shall have use of the facility between the hours of 4:00AM and 8:00PM, Monday thru Friday, unless otherwise specified by FCP and subject to any unforeseeable events beyond FCP’s control. Customer acknowledges that this Agreement may also be restricted for any special event parking at the facility from time to time upon reasonable advance notice from FCP of such restrictions.

3. FCP may terminate this Agreement immediately upon notice if: (i) FCP’s underlying agreement to lease or manage the facility expires or terminates for any reason, (ii) the owner of the facility requires FCP to terminate this Agreement for any reason, or (iii) Customer breaches any term of this Agreement. In each such instance, FCP shall endeavor to provide Customer with advance notice of such termination to the extent practical.

4. During the term of this Agreement, Customer shall pay FCP a monthly parking fee (or an aggregate lump-sum monthly parking fee for all parking spaces licensed by Customer) plus any and all applicable parking fees and taxes (“Parking Fee”). The Parking Fee shall be due and payable by the first day of each month in advance, and Customer may be subject to a late fee of $25.00 if the Parking Fee is not paid in full within ten (10) days in which such Parking Fee was due. Unless otherwise specified at the facility, the Parking Fee is due on a full-month basis and cannot be prorated for any reason whatsoever except for (i) the first month if the Commencement Date is not the first day of a calendar month, and/or (ii) the last month if FCP terminates this Agreement on any day other than the last day of such month and such termination is not due to Customer’s (or Customer’s employees’) breach of this Agreement. In addition, privileges for any parking spaces may be immediately suspended after ten (15) days of non-payment. After fifteen (15) days, FCP reserves the right to have Customer’s vehicle towed at Customer’s expense. FCP will post signage at the facility with the towing company’s information. FCP is not responsible for damage to Customer’s vehicle if towed. FCP reserves the right to increase the Parking Fee from time to time upon thirty (30) days’ prior written notice to Customer. Please note that if Customer provides credit card information or ACH debit account information to FCP, Customer’s credit card or debit account will be automatically charged the Parking Fee each month as set forth in this Agreement. Check payments shall be mailed to the address provided by FCP by the due date each month. Cash will not be accepted as a form of payment for the Parking Fee.

5. Customer may increase or decrease the number of parking spaces it uses upon thirty (30) days’ prior written notice to FCP. Any requested increase in parking spaces is subject to availability at the facility and may be subject to prior approval by the owner of the facility. Upon such approved increase or decrease, the Parking Fee shall be adjusted accordingly.

6. On or before the Commencement Date, Customer shall be issued a hangtag for access to the facility, which must be returned to FCP upon expiration or termination of this Agreement in good working condition, normal wear and tear excluded. Customer agrees to pay a replacement fee for each hangtag that is lost, stolen, or damaged. All hangtags must be properly displayed at all times at the facility. Customer (and Customer’s employees) agrees to follow any other instructions for in-and-out privileges at the facility, as may be applicable.

7. Customer will be given a parking space number corresponding to the hangtag and physical parking space. Customer is to park only in the designated numbered space. If another vehicle is parked in Customer’s parking space, Customer may not park in another numbered space or will be towed. If another vehicle is parked in Customer’s parking space, Customer shall call FCP immediately and FCP will have the vehicle towed.

8. Customer (and Customer’s employees, as applicable) agrees to abide by all rules and regulations, now or in the future, pertaining to use of the facility as may from time to time be established by FCP or the owner of the facility, and further agrees to reimburse FCP for any expenses incurred resulting from violations thereof including, without limitation, towing expenses for obstructing vehicles or access to the facility or any parking spaces therein. Any vehicles stored at the facility after 8:00PM Monday thru Friday or anytime Saturday or Sunday shall be deemed abandoned and shall be subject to towing without notification and at Customer’s expense. No repair of vehicles is permitted inside the facility; any vehicles that need to be towed from the facility by Customer (i.e., vehicle breaks down, flat tire, etc.) must be scheduled in advance with FCP at the facility for proper entry by the towing company. FCP may require that towing from the facility be performed by FCP’s preferred vendors, in FCP’s reasonable discretion.

9. This Agreement expressly includes any and all additional terms, conditions and restrictions that are set forth in the Application. To the extent any of the terms in this Agreement are in conflict with the Application, the Application shall control.

10. Customer shall be responsible for promptly notifying FCP of any changes in the information provided by Customer in the Application.

11. Refunds will not be given unless expressly stated in this Agreement or the Application or unless otherwise agreed to by FCP. Customer will receive a full refund of any prepaid Parking Fee if Customer cancels this Agreement, by sending notice to info@firstclassny.com or by calling (800) 392-0820, before the sooner to occur of (i) the Commencement Date or (ii) seventy-two (72) hours after the time of purchase. Customer will receive a pro-rated refund of any prepaid Parking Fee for the last month of this Agreement if FCP terminates this Agreement for any reason, other than for Customer’s (or Customer’s employees’) breach of this Agreement, on any date other than the last day of such month. No refunds, credits or allowances will be granted to Customer for absence, vacation or other non-use of the facility under this Agreement.

12. This Agreement shall be governed by the laws of the state in which the facility is located and is the entire agreement between the parties.

CUSTOMER (AND CUSTOMER’S EMPLOYEES, AS APPLICABLE) PARKS IN A SELF-PARK FACILITY AT CUSTOMER’S SOLE RISK AND ACCEPTS THE FACILITY IN “AS-IS” CONDITION. THE FACILITY IS A SELF-PARK FACILITY. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR LOCKING VEHICLE AND RETAIN THE KEYS. NEITHER FCP, NOR THE FACILITY OWNER, IS RESPONSIBLE FOR FIRE, THEFT, VANDALISM, DAMAGE OR LOSS OF VEHICLES OR COMPONENT PARTS OR PERSONAL PROPERTY THEREIN.

IF CUSTOMER (AND CUSTOMER’S EMPLOYEES, AS APPLICABLE) CAUSES DAMAGED TO THE FACILTY AND/OR OTHER VEHICLES AT THE FACILITY, CUSTOMER SHALL BE HELD SOLELY RESPONSIBLE.

NO VERBAL AGREEMENTS SHALL AFFECT THE CONDITIONS OF THIS AGREEMENT. UNLESS OTHERWISE STATED IN THIS AGREEMENT, THIS AGREEMENT CAN ONLY BE AMENDED BY A WRITTEN AMENDMENT EXECUTED BY CUSTOMER AND FCP'S AUTHORIZED REPRESENTATIVE (NOT PARKING FACILITY MANAGERS, CASHIERS, ATTENDANTS AT THE FACILITY OR OWNER OF THE FACILITY). THIS AGREEMENT CANNOT BE ASSIGNED OR SUBLICENSED BY CUSTOMER.

FCP, AT ITS SOLE DISCRETION, RESERVES THE RIGHT TO ALTER OR CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME. ANY MODIFICATIONS WILL BECOME EFFECTIVE WHEN COMMUNICATED TO CUSTOMER BY EMAIL AT THE ADDRESS INCLUDED IN THE APPLICATION. BY USING THE FACILITY AFTER ANY CHANGES TO THIS AGREEMENT, CUSTOMER AGREES TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT AS AMENDED.

FOR OFFICE USE ONLY

  • Effective Start Date:
  • Rate:
  • Account Number:
  • Parking Space Number:

I accept and agree to all of the terms and conditions of this Agreement.
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