Parking Spot Rental Agreement

This Parking Spot Rental Agreement (the “Agreement”) made as of the Effective Date (as defined herein), is

BETWEEN:

THE PROVIDING USER

(as defined below)

– and –

THE PARKER

(as defined below)

WHEREAS:

1. the “Providing User” is a registered user of the GrydPark Platform (as that term is defined in the GrydPark Terms of Service (the “Terms of Service”) and has made a parking spot (the “Spot”) available on the GrydPark Platform for the purpose of providing parking services in connection with the Spot (the “Parking Services“);
2. the “Parker” is a registered user of the GrydPark Platform and wishes to book the Spot listed by the Providing User, through the GrydPark Platform (the “Booking“) and
3. the Providing User and the Parker (together, the “Parties” and each, a “Party”) wish to enter into a contractual relationship regarding the provision of the Parking Services, on the terms and conditions set out in this Agreement and the Terms of Service.

NOW THEREFORE in consideration of the covenants and agreements hereinafter contained, the Parties agree as follows:

1. Recitals and Terms of Service form part of Agreement. The Parties acknowledge that the recitals and the Terms of Service are an integral part of this Agreement, and this Agreement forms part of the Terms of Service, by reference. The Parties confirm the truth and accuracy of the recitals and the Terms of Service. Any capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Terms of Service.

2. GrydPark. The Parties acknowledge and agree that GrydPark is not a party to this Agreement, and that GrydPark has no control over and does not guarantee: (a) the existence, quality, suitability, or legality of the Spot or Parking Services, (b) the truth or accuracy of any Spot Offering descriptions; or (c ) the performance or conduct of any Party to this Agreement. The Parties acknowledge and agree that they will have no recourse against GrydPark with respect to this Agreement, the Spot, or the Parking Services.

3. The Parking Services. Subject to the terms and conditions contained herein, the Providing User agrees to rent the Spot to the Parker, and the Parker agrees to rent the Spot from the Providing User, starting from the time the Booking is made (the “Effective Date”), for the period of time selected by the Parker on the GrydPark Platform (the “Booking Period”). The Booking Period may be modified or extended by the Parties through the GrydPark Platform.

4. Fees.

4.1. The Parker agrees to pay the Spot Offering Fee to GrydPark, as a collection agent for the Providing User, in the amount specified in the Booking.

4.2. The Parker agrees to pay the Service Fees and Taxes to GrydPark, in the amount specified in the Booking.

5. Use of Spot. During the Booking Period, the Parker shall be entitled to park one (1) vehicle, identified by the license plate described in the Booking (the “Vehicle”), in 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:
   1. for vehicle repairs or maintenance (except when necessary, in the event of an emergency or unexpected occurrence);
   2. for any activities that contravene any applicable laws, Facility Rules, rules, or regulations; and
   3. in any way that could cause a disturbance or nuisance to the Providing User, Owner, Property Manager, and other users of the parking lot, parkade, building or facility where the Spot is located (as the case may be, the “Facility”), or any surrounding properties.

6. Vehicle. 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 this Agreement and the Terms of Service.

7. Damage. The Parker shall be responsible for any damage caused to the Spot, the Facility or any other property (“Damage”) arising from the use of the Spot or the Parking Services. The Parker is responsible for its own acts and omissions, and 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. The Parker shall immediately notify the Providing User of any Damage, by contacting GrydPark.

8. 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, 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 to make use of the Spot or the Parking Services.

9. Access. Representations, Warranties and Covenants of Providing User. The Providing User represents, warrants and covenants:
   1. it will comply with the terms and conditions of its Owner / Manager Agreement with GrydPark;
   2. it 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;
   3. it will, during the entirety of the Booking Period, have a valid ownership right, leasehold interest or license to use the Spot;
   4. 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;
   5. it 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;
   6. the Spot shall be open and available for use by the Parker and reasonably clear of debris on the Effective Date, and it will remain available for use by the Parker for the duration of the Booking Period; and
   7. the entering into of the Booking, this Agreement and the performance of its obligations under this Agreement will: (a) not breach the Facility Rules or any agreements the Providing User has entered into with the any third parties; and (b) comply with all applicable laws and other rules and regulations.

10. Representations, Warranties and Covenants of Parker. The Parker represents, warrants and covenants:
    1. it (or, if the Parker is a passenger in the vehicle that will be used in connection with the Parking Services, the person operating the Vehicle) has a valid driver’s license sufficient to operate the Vehicle and is entitled to the benefit of all insurance coverage related to the Vehicle and the use of the Spot for the purposes contemplated herein;
    2. the use of the Parking Services, the Booking, and the entering into of this Agreement will: (a) not breach any agreements the Parker has entered into with any third parties; and (b) comply with all applicable laws and other rules and regulations;
    3. it 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;
    4. it shall abide by all of the Facility Rules; and
    5. it shall ensure that the Vehicle is properly parked within the confines of the Spot, and not encroach or obstruct any other parking spot, roadway or walkway.

11. End of Booking Period. The Parker agrees to vacate the Spot at 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 of Overholding, the Providing User shall be entitled to cause the Parker’s vehicle to be 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, from time to time.

12. Invalid Booking. If the Booking is not completed or if the Booking otherwise fails, including, without limitation, by reason of non-payment in whole or in part (in each case, an “Invalid Booking”), the Parker may not park in or otherwise use the Spot. In the event of an Invalid Booking, the Providing User shall be entitled to cause the Parker’s vehicle to be towed, at the Parker’s sole cost and expense, from the Spot or Facility.

13. Release by Parker. GrydPark and the Providing User accept no liability for loss or damage to any vehicle (including the Vehicle) parking in the Spot or Facility, or the contents of such vehicle. Further, GrydPark and the Providing User accept no liability for loss or damage to any vehicle (including the Vehicle), or the contents of such vehicle, that may be caused by removing such vehicle from the Spot or Facility, if such vehicle is not duly authorized to be in the Spot or Facility (whether through Overholding, an Invalid Booking, or otherwise). The Parker releases GrydPark and 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 resulting from: (a) the willful misconduct or gross negligence of the Providing User or any person for whom the Providing User is responsible for at law; or (b) a breach of this Agreement or the Terms of Service by the Providing User.

14. Indemnification. Each of the Parties and their respective successors or assigns (the “Indemnifying Party”), shall indemnify, defend and hold harmless GrydPark, the other Party, and their landlords, property managers, tenants, employees, officers, shareholders, directors, agents, licensees and successors in title, as applicable, from and against any damage, loss, injury, claim, demand or suit (each, a “Claim”) whatsoever which relate to property or persons, in each case as a result of, or in any way in connection with:
    1. 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
    2. 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.

15. Third-Party Beneficiary. The Parties hereby designate GrydPark as the only third-party beneficiary to this Agreement, with the right to receive payment in accordance with Section 4 herein, or to otherwise enforce any portion of this Agreement stated as being for its benefit.

16. Modification and Cancellation. Any modifications to or cancellations of a completed Booking shall be subject to Schedule A to the Terms of Service, GrydPark’s Cancellation, Modification and Refund Policy.

17. Assignment. The Parties may only assign their rights under this Agreement with the written consent of GrydPark, which may be withheld by GrydPark, in its sole discretion, in accordance with the Terms of Service.

18. Breach. Any breach of this Agreement may result in the termination, suspension, or restriction of the breaching Party’s GrydPark Account by GrydPark, without notice or liability to the breaching Party. The Parties agree to notify GrydPark of any breach of this Agreement.

19. Dispute Resolution. Except and to the extent required by applicable law, in the event of any dispute or claim arising out of or in any way relating to this Agreement, the Parties agree to follow the dispute resolution process contained in Section 21 of the Terms of Service.

20. Entire Agreement. This Agreement, and all agreements and other documents referenced herein, contains and constitutes the entire agreement of the parties hereto in respect of the subject matter hereof, and supersedes all earlier agreements, whether written or oral.

21. Severability. If any provision of this Agreement is held to be invalid, that provision shall be severed, without affecting the rest of this Agreement.

If you have any questions about this Agreement, please email us info@gryd.com.