Boomerang Storage Service Agreement & Authorization

This Service Agreement (“Agreement”) governs all storage and related services provided by Boomerang Storage, LLC(“Company”) to the individual or entity (“Customer”) that orders or uses Company’s services. By ordering, paying for services, using a Boomerang container, or otherwise accessing Company services, Customer agrees to be bound by this Agreement.

1. Services

Company will provide portable storage containers (“Containers”) for Customer to load personal property and, upon request, will transport, store and deliver Containers as selected by the Customer. Customer may elect to have Company store Containers at Company’s facilities or leave Containers at a Customer-designated location. Company may, at its discretion, locate Containers at any of its available facilities. Customer acknowledges having examined the Container and agrees it is satisfactory for Customer’s intended use.

2. Acceptance

Customer accepts the terms of this Agreement when any of the following occur:
a) Customer electronically or physically signs this Agreement;
b) Customer creates an account or places an order through the Company website or app;
c) Customer loads or stores goods in a Container; or
d) Customer pays for any Company services.

3. Fees & Payments

Customer agrees to pay all fees for Services as listed on Company’s pricing page or as otherwise agreed. Fees are due in advance according to the billing cycle selected by the Customer. Company may bill Customer’s saved payment method for all amounts due, including recurring charges, storage fees, delivery fees, and any other applicable charges. Company may charge secondary payment methods if the primary payment method fails.

4. Term & Renewal

This Agreement begins when Customer orders services and continues on a month-to-month basis until terminated by either party according to Section 12. Fees automatically renew each billing cycle unless Customer cancels prior to the next renewal date.

5. Use of Containers & Customer Property

Customer agrees Containers are for storage of personal property only. Company is not a warehouseman under applicable warehouse laws and has no obligation to safeguard Customer property beyond transportation and storage services provided. Customer retains full responsibility for the contents of Containers, including packing, loading and securing items.

6. Customer Obligations

Customer shall:
a) properly pack, secure, and label all property stored in Containers;
b) not violate any laws or create hazards by storing prohibited items;
c) provide accurate delivery and pickup information; and
d) keep Customer account and payment information current.

7. Access & Delivery

Company will use commercially reasonable efforts to deliver or pick up Containers as scheduled. Delivery and pickup dates may be affected by holidays, weather, logistics constraints, or other factors beyond Company’s control. Company shall not be liable for delays outside its reasonable control.

8. Termination & Cancellation

Company may terminate this Agreement, Customer’s account, or any order at any time by sending notice to the email address on file. Customer may cancel services at any time through the Company app or by written notice. Cancellation takes effect at the end of the current billing cycle, and Customer remains responsible for all fees incurred through that date.

9. Default

Events of default include: (a) failure to pay any amount due; or (b) breach of any term of this Agreement. Upon default, Company may deny access to Containers, terminate this Agreement, pursue collection of all amounts owed (including attorneys’ fees), and exercise any other rights under this Agreement or at law.

10. Lien & Sale of Contents

Customer grants Company a contractual lien on all property stored in a Container or at Company facilities to secure payment of all fees due under this Agreement. If Customer remains in default, Company may enforce its lien rights, including selling Customer property in a commercially reasonable manner under applicable law. Company will notify Customer of any sale and, if required by law, remit any excess proceeds after satisfying amounts owed to Customer or as required by applicable unclaimed property law.

11. Limitation of Liability & Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR SERVICES. Customer shall indemnify and hold harmless Company from any claims, losses, or liabilities arising from Customer’s breach of this Agreement, including improper packing or storage of hazardous items.

12. Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the state where Company’s principal place of business is located. Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in that jurisdiction. Customer and Company waive any right to bring claims as a class action, class arbitration, or other representative action.

13. Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

14. Assignment

Customer may not assign this Agreement without Company’s prior written consent. Company may assign or transfer this Agreement without Customer’s consent, and Company shall be released from obligations after such assignment.

15. Force Majeure

Company shall not be liable for delays or failures due to causes beyond Company’s reasonable control, including natural disasters, labor disputes, shipping disruptions, government actions, epidemics, or other unforeseen events.

By using Boomerang Storage services, Customer acknowledges that they have read, understood, and agree to be bound by this Agreement.