1032 FORT STREET

PARKING RULES

MONTHLY VEHICLE PARKING LICENSE AGREEMENT (“Agreement”)

Customer (hereinafter, “You”) agrees to complete all requested information, sign, and date and return this form immediately
to Secure Parking Hawaii (“SPH”), and agrees to and accepts the following terms and conditions:

  1. Monthly Fee. A monthly license fee (inclusive of sales taxes, if applicable) is charged for each vehicle parking at the parking facility during each month. This includes self-park, valet, or reserved spaces. SPH reserves the right to increase the monthly license fee, at any time, upon at least fourteen (14) days advance notice.
  2. Access Card. Your access card may only be used for the entrance and exit of your vehicle only. If violation of this policy occurs, a warning will be issued on the first offense; future violations will result in immediate termination of the parking privileges.
  3. Ingress/Egress. This Agreement provides you with 24 hours 7 days a week In & Out access to the parking facility (unless limited per specific location), and is not valid during special events or stadium events.
  4. Payment Terms. The monthly rate for parking is due and payable on or before the first (1st) day of each month, in advance without demand. If the monthly charge is not paid when due, your parking permit will be revoked, and will be required to pay the transient rate to park at the facility. No deductions or allowances from the monthly rate will be made for days you do not use the location. No prorations or refunds will be made for any partial month.
  5. Display of Parking Permit or License Plate Collection; No Bailment. If a monthly permit is supplied by SPH (One permit per vehicle), it must be clearly displayed at all times while in the parking facility. If the permit is not displayed on the vehicle, you will be required to pay the transient rate to park at the facility. SPH will endeavor to provide your first permit within 24 hours after execution of this Agreement. If license plate information is collected, the registered license plate must be kept current. For the purposes of this Agreement, both the physical permit and the registered license plate information are collectively referred to as “Permit”. You understand that you are only purchasing a license to park and that, irrespective of SPH taking possession, dominion and control of your car, NO BAILMENT IS HEREBY CREATED. By execution of this Agreement, you and SPH agree that this relationship is defined as Licensor-Licensee and NOT Bailor-Bailee and, as such, no presumption of negligence shall be held as against SPH Parties (defined in Section 8 below) in a court of law. In the event of loss, theft or damage to your vehicle, you will retain the burden of proving negligence as against SPH Parties. In the event that you desire to engage SPH as Bailor-Bailee, you shall be required to pay an additional fee, acknowledgment of which shall be evidenced in writing.
  6. Parking Permit Limitations. The permit or registered license plate is valid ONLY for the duration of the period paid, and ONLY for the facility at which it was issued. A new permit must be obtained by the first day of each month. Vehicles with invalid permits will be required to pay the transient rate to park at the facility. Refunds will not be issued. The permit is not valid for stadium, special events or black out days. The permit is transferable only with prior approval from SPH and upon payment of a transfer fee.
  7. Valet Parking (if applicable). If SPH parks your vehicle for you, SPH Parties will not be responsible for theft of or damage to, any contents in your vehicle (including but not limited to radar detectors, car phones and sound systems, etc). Provide the attendant only the ignition key to your vehicle, and if separate from the ignition key, the key to the driver’s side door of your vehicle.
  8. Customer Responsibility. SPH, the owner or manager of the parking facility, and each of their employees, contractors, parent companies, subsidiaries and affiliates (“SPH Parties”) are not insurers, and shall not be responsible for any vehicle loss, collision, fire, theft, accident, loss or damage to the vehicle or its contents or for any other damage to you or your property. In no event will SPH Parties assume liability for damage or injury sustained through faulty brakes or other vehicle equipment failure, your failure to set brakes properly or for improper vehicle maintenance. However, SPH shall be responsible for such loss or damage only if it results from SPH’s negligence or the negligence of SPH’s employees, occurring within the scope of their employment, to the extent that it is responsible under the law: but SPH does not waive any defenses to such claim including, but not limited to, contributory negligence, comparative negligence or any other defense or remedy available under the law. SPH Parties’ maximum liability for loss or damage to property by theft, fire, explosion or otherwise shall be limited to $25,000.00 unless an additional fee is paid when vehicle first parks and receipt is issued for same pursuant to law. You agree to defend, indemnify and hold SPH Parties harmless from and against any action, claim, loss, cost, damage or injury arising from your negligence, recklessness or carelessness, including, without limitation by specification, property damage and/or injury or death to any person or persons.
  9. Default. If you shall be in default for a period of five (5) days for non-payment of parking charges or charges for other supplies or services furnished to such vehicle by SPH, SPH is authorized at its option to place your vehicle on a transient ticket basis; to immobilize the vehicle (at your expense) and/or to open the vehicle to secure it or transfer it; to hold the vehicle and/or transfer such vehicle to another location with you remaining responsible and liable for all parking fees at such location, or to a location authorized and/or designated by applicable law at your expense and you are responsible for any damage to vehicle in relocation and/or securing the same. If your default for non-payment as set forth above shall continue for a period in excess of ten (10) days, then, and in such event, SPH may, at its option, charge interest on the amount owed, such interest to be set at the highest legally permitted rate as designated by applicable law, said interest to commence on the first day of the month for which charges have not been paid.
  10. Termination. Unless otherwise stated herein, this agreement may be terminated by either party in writing by sending notice to the other party at least thirty (30) calendar days prior to the beginning of the month of cancellation or as dictated in conjunction with lease terms. All notices sent by you to SPH shall be sent either via the Website (defined below) or the customer care e-mail at [email protected] or by written notice via certified mail, return receipt requested (or by a nationally recognized overnight courier service) to Secure Parking Hawaii, Customer Service Dept. 529 Koula Street, Bay 2 Honolulu, HI 96813.
  11. Return of Items. In order to cancel your account, you must return all items assigned to you, including access cards, permits, garage access equipment, and any other company property, to SPH. Upon return, you must obtain a dated receipt listing all ID numbers of the returned items. This receipt must be signed by the SPH employee accepting the items..
  12. Multiple Parking Spaces. If more than one (1) monthly parking permit is licensed by a customer, this Agreement shall apply to all such parking permits, and you agree that all of the terms and conditions of this Agreement shall be binding upon you and all persons, firms, entities and others using said parking permits with your permission, proper identification and notice to SPH.
  13. Payment Options. You have the following payment options: check, credit card or ACH Debit. Payments should be made to the office address or via the web at www.secureparkinghi.com. No cash is accepted as a form of monthly payment. Payment by check will result in an additional processing fee in an amount no less than $3.00 per check. Payments made by credit card will incur an additional processing fee of 4% of the total payment amount. All individual customers are required to establish automatic payment (credit card or ACH Debit) via the web at www.secureparkinghi.com (“website”).
  14. Payment Due Date; Late Fees; Collection. Payments are due on the 1st day of each month and considered late as of the 5th day of the month. SPH reserves the right to charge a late fee based on a per parker charge in an amount no less than $10.00 per parker (depending on location). You agree to pay all costs of collection, including court costs, reasonable attorney fees and expenses.
  15. Vehicle Repairs; Towing. No vehicle repair is allowed inside the parking facility. You must notify the manager of the parking facility if your vehicle is being towed out.
  16. No Vehicle Storage. No vehicles are allowed to be stored in the parking facility for more than 5 consecutive business days without exiting the facility. In case of such occurrence, the manager of the parking facility must be notified. Any vehicle stored in the parking facility over 5 days without notification is subject to towing at the vehicle owner’s expense.
  17. No Changes. Parking facility managers, cashiers, and attendants are not authorized to make or allow any exceptions or changes to this Agreement or terms hereof.
  18. Additional Fees (Depending on Location). $15 to $30 for each returned check; $25 non-refundable access card activation fee; $10 – $50 for replacement of a lost access card or remote control device; $10 – $50 for the replacement of a lost monthly permit; $15 – $30 to transfer a permit.
  19. Parking Facility Rules. In addition to the rules indicated in the Agreement hereby, you agree to adhere to the regulations of the parking facility, such as hours of operation, rate structure, speed, payment options, etc. Failure to comply with any such terms may result in the immediate termination of this Agreement and forfeiture of the monthly license fee paid for such month.
  20. Superseding Laws. Applicable Federal, State and local laws and parking terms per building lease agreements may supersede one or more of the provisions contained herein.
  21. Paragraph Headings. Captions or paragraph headings used in this Agreement are inserted for identification only, and shall not govern the construction, nor alter, vary or change any of the terms, conditions or provisions of this Agreement or any paragraph hereof.

CUSTOMER AGREES TO AND ACCEPTS ALL THE TERMS AND CONDITIONS HEREOF, AND RELEASES SPH FROM ANY AND ALL LIABILITY ARISING FROM CUSTOMER’S USE OF SPH’s WEBSITE. Customer will notify SPH if there are any changes in the completed information above, including, but not limited to, billing address, phone number(s), employer, vehicle type, license plate, etc.

ADDENDUM TO MONTHLY VEHICLE PARKING LICENSE AGREEMENT

  1. Modifications to the Agreement. The Agreement is modified by the addition of the following terms:
    • The parking facility entry hours are Monday to Sunday 5:00 AM to 9:00 PM, exiting the facility is available 24 hours daily. These hours are subject to changes at any time without notice.
    • Vehicles parked longer than 24 hours without permission from Secure Parking Hawaii are subject to tow at Owner’s expense in accordance where applicable to the Hawaii Administrative Rules and Hawaii Revised Statutes 290-11.
    • Parking in reserved stalls is strictly prohibited unless authorized by a valid reserved permit. Assigned reserved stalls may only be used by their designated assignees.
    • Parking credentials (license plate/access card) must be used in cycle, meaning going in and then out of the garage. If the cycle is not completed, the access card will automatically be inoperable
    • No deductions or allowances from the monthly rate will be made for days you do not use the location.
    • Additional Fees (all non-refundable).
      • Late Fee. Payments are considered late as of the 10th day of the month and subject to a late fee of $25.00. will be liable to pay the daily parking rates for all days of default. No deductions or allowances from the monthly rate will be made for daily parking.
      • Returned Check. Returned check payments will be assessed a $30.00 fee. If payment is not made immediately after being notified, the Parking Access Card will be deactivated.
      • Activation Fee. All new parkers are subject to a $25.00 activation fee.
      • Lost Access Card Fee. Lost cards are subject to a $25.00 replacement fee.
    • Vehicle repairs and/or maintenance are strictly forbidden in the parking facility and/or on the premises.
    • All vehicles must have current registration and safety check.
    • Vehicle information changes must be provided to Secure Parking Hawaii.
    • Speed limit in the parking facility is 5 MPH.
    • Adhere to all posted signs (reserved stall, ADA, no smoking, etc.).
    • Be alert to pedestrians.
    • Height clearance is 6’ 4”.
    • Report incidents in the facility to the Parking Operator, its management or parking attendants. As a matter of security, please report any incidents of theft or suspicious person loitering in the parking facility to the parking attendant immediately.
  1. Conflict. This Addendum will govern in the event of any conflicts between the Agreement and the Addendum.

 

 

For your own protection and safety, remember to always remove valuables and lock your vehicle.