PLEASE NOTE – THIS IS NOT THE OFFICIAL CONTRACT
You will receive a PDF containing the actual contract for you to sign. This is for preview purposes only
|Name:||Container Purchase Price||$3,125.00|
|Email:||Service & Setup Fee||$325.00|
|Billing and Notice Address:||Annual Storage Fee||$645.00|
|Alternate Contact Address:||Annual Delivery Fee||$350.00|
|Name of Art Project or Theme Camp:||Total Charges Due Today||$4,445.00|
|Annual fees will be due July 1 each subsequent year|
- INTRODUCTION. This Container Purchase and Service Agreement (“Agreement”) between Black Rock City LLC, a Nevada limited liability corporation (“BRC”), and Owner, as designated above, is based on the following terms and conditions. Owner shall serve as the responsible individual for the Container (as defined below). If multiple people or projects share in the use of the Container, Owner shall be responsible for administering this joint use and for ensuring that everyone who uses the Container complies fully with this Agreement. By signing this Agreement, Owner represents that Owner has the authority to enter into this Agreement on behalf of every individual who uses or stores property in the Container. The Annual Service Fee and Annual Delivery fee will be due on the first day of July every year. BRC may adjust the Annual Service Fee and Annual Delivery Fee to reflect future cost increases by giving Owner thirty (30) days’ notice before the payment due date.
- NO “BAILMENT” or “WAREHOUSEMAN.” BRC agrees to provide additional services to Owner after Owner purchases a Container. The parties understand and agree that no bailment or deposit of goods for safekeeping is intended or created hereunder. The parties further understand that BRC is not representing to Owner, in any manner whatsoever, that BRC is a “warehouseman” as such term is defined by applicable state laws. The parties expressly understand and agree that it is the parties’ intention that any laws, including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping, shall not apply to this Agreement.
- DESCRIPTION OF CONTAINER. The Container purchased under this Agreement shall be a 20-foot “C” Grade quality or better steel shipping container (“Container”). The Container shall be wind- and weather-tight and painted “sand tan.” Owner has examined the Container, or will have the opportunity to do so before its use, and acknowledges and agrees that by loading the Container with Owner’s property, the Container is satisfactory for all purposes for which Owner shall use it.
- ACCESS TO CONTAINER. Owner is ONLY allowed access to Owner’s Container at the annual Burning Man event subject to the date and time restrictions of Section 8. BRC cannot allow Owner access to the Container outside of a Burning Man event. If Owner terminates this Agreement per Section 13, Owner must arrange access in advance to take possession of Owner’s Container and must give BRC at least thirty (30) days’ notice before the next upcoming Burning Man event. Owner must pre-arrange the removal of Owner’s Container so that it occurs during the time that containers are being transported to and from the Burning Man event. The logistics and cost of any transportation and handling of the Container, outside of a Burning Man Event, is Owner’s sole responsibility.
- USE OF CONTAINER AND COMPLIANCE WITH LAW. Owner shall store only personal property that Owner owns or is using with permission of the legal owner. Owner agrees not to store any food or perishable goods, Hazardous Materials (as defined below), flammable materials, explosives, ammunition, pyrotechnic materials, magnesium engine blocks/castings, or other inherently dangerous materials in the Container. “Hazardous Materials” includes items that are capable of posing an unreasonable risk to health, safety, or the environment. The dangers may arise from, but are not limited to, toxicity, reactivity, ignitibility, or corrosivity. This includes combustible and flammable liquids and flammable gases. Owner may not fill the Container with any personal property that would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal, and other environmental matters. Stored materials must withstand extreme hot and cold weather without requiring attention, and all items must be free from oil leaks and shedding materials. USE OF THE CONTAINER FOR HUMAN OR ANIMAL HABITATION IS SPECIFICALLY PROHIBITED. Owner acknowledges and agrees that the Container and BRC properties are not suitable for the storage of heirlooms or precious, invaluable, or irreplaceable property such as books, records, writings, works of art, photographs, objects for which no immediate resale market exists, or objects that are claimed to have special or emotional value to Owner, and BRC shall not be liable for any damage resulting to such items. Furthermore, Owner acknowledges and agrees that high-value items should be excluded from storage, including, without limitation, money, bank notes, securities, accounts, deeds, personal records, passports, tickets, electronic equipment, computers, electronic media, jewelry, watches, furs, and firearms. Owner agrees that if the aggregate value of all personal property stored in the Container exceeds or is deemed to exceed $5,000, it is Owner’s responsibility to adequately insure Owner’s property as set forth below.
- RISK OF LOSS AND INSURANCE. BRC’s liability for loss or damage to Owner’s property is limited as set forth in this Agreement. Owner personally assumes all risk of loss, including, without limitation, damage to or theft of the Container and its contents due to burglary, mysterious disappearance, fire, water, rodent damage, earthquakes, acts of God, vandalism, mold or mildew, or other vermin. THEREFORE, BRC ADVISES OWNER TO OBTAIN INSURANCE COVERAGE FOR THE CONTAINER AND ITS CONTENTS. Insurance coverage is available through homeowner, renter, or other forms of residential or commercial insurance policies. Owner expressly agrees to obtain insurance coverage for damage to or theft of the Container and any property inside the Container that exceeds $5,000. IF OWNER DOES NOT OBTAIN SUCH INSURANCE, OWNER WAIVES ALL CLAIMS AGAINST BRC FOR LOSS OR DAMAGE TO THE CONTAINER OR ITS CONTENTS EXCEEDING $5,000. OWNER HEREBY RELEASES BRC AND BRC’S AGENTS FROM ANY RESPONSIBILITY FOR ANY LOSS, LIABILITY, CLAIM, EXPENSE, DAMAGE TO PROPERTY, OR INJURY TO PERSONS (“LOSS”) THAT COULD HAVE BEEN INSURED AGAINST INCLUDING, WITHOUT LIMITATION, ANY LOSS ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSION, OR NEGLIGENCE OF BRC OR BRC’S AGENTS (“CLAIMS”). OWNER WAIVES ANY RIGHTS OF RECOVERY AGAINST BRC OR BRC’S AGENTS FOR ANY SUCH CLAIMS. Owner expressly agrees that the carrier of any insurance obtained by Owner shall not be subrogated to any claim of Owner against BRC or BRC’s agents. Owner understands that BRC and BRC’s agents are not an insurance company or insurance agents. BRC has not explained any coverage or assisted Owner in making any decision to purchase any particular insurance policy. The provisions of this Section will not limit the rights of BRC and BRC’s agents under Section 7.
- LIMITATION OF BRC’S LIABILITY; INDEMNITY. BRC AND BRC’S AGENTS SHALL HAVE NO RESPONSIBILITY TO OWNER OR TO ANY OTHER PERSON FOR ANY LIABILITY ASSOCIATED WITH THE CONTAINER OR ITS CONTENTS FROM ANY CAUSE OR CLAIM, INCLUDING, WITHOUT LIMITATION, ACTIVE OR PASSIVE ACTS, OMISSIONS, OR NEGLIGENCE ON THE PART OF BRC OR BRC’S AGENTS, UNLESS THE LOSS IS DIRECTLY CAUSED BY BRC’S FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW. IN NO EVENT SHALL BRC BE LIABLE FOR OWNER’S LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. Owner agrees that total responsibility of BRC and BRC’s agents for any Loss or Claim SHALL NOT EXCEED $5,000 under any circumstance. Finally, Owner shall indemnify and hold BRC and BRC’s agents harmless from any Loss incurred by BRC or BRC’s agents in any way arising out of Owner’s use of the Container.
- PLACEMENT AND REMOVAL OF CONTAINER. Provided Owner pays BRC the Annual Delivery Fee described above, BRC will transport and deliver Owner’s Container to a theme camp or art project location at the annual Burning Man event. Owner must identify a representative to direct the precise placement of the Container. Once a Container is placed, it cannot be moved. Owner is responsible for the unpacking and packing of items in the Container. Prior to the annual Burning Man event, Owner will be given the opportunity to inform BRC of his or her intended arrival date, time, and camp location. Owner or Owner’s identified representative must be available during daylight hours during the time provided (reserved). Owner must allow up to 24 hours for the Container to be placed. Owner must have a ticket to the Burning Man event and a valid Early Arrival Pass if arriving before the event gates open. Execution of this Agreement does not entitle Owner to a ticket or an Early Arrival Pass. Owner must acquire those through other authorized means. The Container must be packed and ready for removal no later than 9:00 am on the Friday after the close of the event. Provided Owner pays the Annual Service Fee and Annual Delivery Fee described above, BRC agrees to transport and store the Container at a BRC-owned property in Nevada. The Burning Man event occurs the week prior to and including Labor Day weekend.
- ALTERATIONS AND MAINTENANCE. Owner shall not make or allow any alterations of any kind to the Container without, in each instance, the prior written consent of BRC. Local ordinance requires that the Container’s exterior be painted “sand tan” color. Owner shall be solely responsible for the maintenance and good working order of the Container prior to its transportation and annual storage.
- PACKING AND SECURING CONTAINER FOR STORAGE. Every Container must include a lock box. Owner shall provide, at Owner’s expense, a lock for the Container that Owner, in Owner’s sole discretion, deems sufficient to secure the Container in inclement seasonal weather. BRC will provide a list of recommended locks at Owner’s request. Except as provided in Section 11, Owner shall not provide BRC or BRC’s agents with a key and/or combination to Owner’s lock. Owner assumes full responsibility and liability for packing Owner’s property in the Container and for securing Owner’s property for over-the-road transportation. Owner shall lock the Container prior to its transportation by BRC. Owner agrees to limit the total weight of the Container contents to 20,000 pounds and to ensure that the weight is evenly distributed throughout the Container. Heavy items must be stored as close to the center and as low as possible.
- RIGHT TO ENTER, INSPECT, AND REPAIR CONTAINER. Owner shall grant BRC, BRC’s agents, or the representatives of any governmental authority, including police and fire officials, access to the Container, if necessary, as required by applicable laws and regulations or in connection with BRC exercising its rights as set forth in Sections 15-17 of this Agreement. In the event Owner does not grant access to the Container as required, or in the event of an emergency or upon any Events of Default (as defined below), BRC, BRC’s agents, or the representatives of any governmental authority shall have the right, but not the obligation, to remove Owner’s locks (at Owner’s expense) and enter the Container for the purpose of examining the Container or the contents thereof or for the purpose of making repairs or alterations to the Container and taking such other action as may be necessary or appropriate to preserve the Container; to comply with applicable law including any applicable local, state, or federal law or regulation governing Hazardous Materials; or to enforce any of BRC’s rights. Any bodily injury to BRC’s agents or damage to BRC property or third-party property arising from the negligent or deliberate act or omissions of the Owner, or for which Owner is otherwise responsible, including all expenses reasonably incurred by BRC for medical costs or to repair, replace, or restore such property including any expense incurred in connection with any investigation of site conditions, or any clean-up, removal, or restoration work required by any applicable local, state, or federal law, regulation, or agency regulating any Hazardous Materials, shall be paid by Owner.
- NO REPRESENTATIONS OR WARRANTIES. BRC hereby disclaims any implied or express warranties, guarantees, or representations of the nature, condition, safety, or security of the Container and services provided, including any warranties of merchantability or fitness for a particular use or purpose. Owner understands that BRC is not making any warranties or promises regarding the safety or security of the Container and that this Agreement does not create any contractual duty for BRC to create or maintain such safety or security.
- Either party may terminate this Agreement by giving written notice to the other party before June 1 of next year or any subsequent year that this Agreement remains in effect. Following termination of the Agreement, Owner must arrange access to the Container according to Section 4 and must remove all personal property from the Container within 60 days of the termination date. If Owner wishes to retain the Container following termination of the Agreement, Owner is responsible for arranging and paying for transportation of the Container off BRC property. Such transportation of the Container may only occur in conjunction with a regular event transportation cycle.
- The following events shall be deemed to be “Events of Default” by Owner under this Agreement:
- Owner fails to pay the Annual Service Fee within 14 days from the payment due date;
- Owner fails to comply with any term, provision, or covenant of this Agreement, other than the payment of money, and has not cured such failure within fourteen (14) days after written notice to Owner; or
- Owner abandons the Container.
- REMEDIES UPON EVENT OF DEFAULT. Upon the occurrence of an Event of Default, BRC shall have the right, at its sole election, to pursue remedies, including termination of this Agreement, by giving written notice to Owner, in which event Owner shall immediately surrender the Container to BRC. If Owner fails to do so, BRC may, without prejudice to any other remedy that it may have for possession or arrearages, deny Owner’s access to the Container and Owner’s property stored in the Container, and expel or remove Owner, without being liable for prosecution or any claim of damages. Owner hereby agrees to pay to BRC on demand the amount of all loss and damage that BRC may suffer by reason of such termination. BRC’s remedies, including that set forth in Section 16, are cumulative, and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to BRC. ALL EXPENSES INCURRED BY BRC THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY OWNER WILL BE ASSESSED TO THE OWNER (INCLUDING REASONABLE ATTORNEY’S FEES AND OTHER EXPENSES).
- BRC’S LIEN. IN ADDITION TO ANY LIENS AND REMEDIES PROVIDED BY APPLICABLE STATE LAW TO SECURE AND COLLECT MONEY OWED TO BRC UNDER THIS AGREEMENT, OWNER HEREBY GRANTS TO BRC A CONTRACTUAL LIEN UPON THE CONTAINER AND ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE CONTAINER OR ON BRC PROPERTY, TO SECURE THE PAYMENT OF ALL MONIES OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT (AS DEFINED IN SECTION 14), BRC MAY ENFORCE ITS LIEN, INCLUDING DENIAL OF ACCESS TO THE CONTAINER BY OWNER, AGAINST THE CONTAINER AND ALL PROPERTY STORED IN THE CONTAINER IN ACCORDANCE WITH LOCAL LAW. OWNER’S PROPERTY MAY BE SOLD OR OTHERWISE DISPOSED OF TO SATISFY AN APPLICABLE LIEN. PROCEEDS, IF ANY, FROM THE SALE OF THE PROPERTY IN EXCESS OF AMOUNTS OWED TO BRC, WILL BE PAID TO THE STATE TREASURER IF UNCLAIMED BY OWNER WITHIN ONE YEAR AFTER SALE OF THE PROPERTY. AS BRC HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE CONTAINER, OWNER HEREBY WAIVES ANY OBLIGATION THAT BRC PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN OWNER’S CONTAINER, TO THE EXTENT REQUIRED BY APPLICABLE STATE LIEN LAWS.
- DISPOSITION OF OWNER’S PROPERTY. Following an Event of Default or upon termination of this Agreement for any reason other than under Section 13, Owner shall remove all personal property from the Container, unless such property is subject to BRC’s lien rights under Section 16. Owner agrees that any personal property left in the Container shall be deemed abandoned by Owner. Owner authorizes BRC to remove such property from the Container and either dispose of it in any manner in BRC’s sole discretion and without liability to Owner or retain such property as collateral for payment of the removal charges and/or any other amounts due BRC. Nothing herein shall be construed as imposing a duty upon BRC to store or safeguard abandoned Owner property, and BRC hereby expressly disclaims any such duty. Following an Event of Default under Section 14(c), “Owner abandons the Container,” BRC may dispose of the Container in any manner in BRC’s sole discretion and without any liability to Owner.
- Except as otherwise expressly provided in this Agreement, all written notices or demands required or permitted to be given under the terms of this Agreement may be personally served or may be served by first-class mail, deposited in the United States mail with postage thereon fully prepaid and addressed to the party to be served at the address in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered, if personally delivered, or if mailed, shall be deemed complete three (3) days after deposit in the United States mail. Notices to BRC shall be delivered to: Black Rock City, LLC, ATTENTION: Storage Container Program, 660 Alabama Street, San Francisco, California 94110.
- NOTIFICATION OF CHANGE OF ADDRESS. In the event Owner shall change Owner’s address or alternate address, Owner shall give BRC written notice of any such change within ten (10) days of the change, specifying Owner’s current address and other contact information. BRC assumes no responsibility and will make no attempts to locate Owner if such information is not updated by Owner.
- Owner shall not assign this Agreement or sublease the Container or any portion thereof without in each instance the prior written consent of BRC.
- All of the provisions of this Agreement shall apply to, bind, and be obligatory upon the heirs, executors, administrators, representatives, successors, and permitted assigns of the parties.
- GOVERNING LAW/JURISDICTION/WAIVER OF JURY TRIAL. This Agreement shall be governed and construed in accordance with the laws of the State of Nevada. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Nevada law. If any provision of this Agreement shall be invalid or prohibited under Nevada law, such provision shall be ineffective only to the extent of such invalidity or prohibition without invalidating the remainder of such provision or any other provision of this Agreement. Owner agrees to waive Owner’s rights to a jury trial for any and all claims made against or through BRC. Any claims by Owner arising under this Agreement must be brought in a court of competent jurisdiction located in Washoe County, Nevada, and Owner consents to the exclusive jurisdiction and venue of such court.
- FORCE MAJEURE. BRC shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics, or embargoes.
- ENTIRE AGREEMENT. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. There are no representations, warranties, or agreements by or between the parties that are not fully set forth herein, and no representative of BRC or BRC’s agents is authorized to make any representations, warranties, or agreements other than as expressly set forth herein. This Agreement may only be amended by a writing signed by both parties.
[signature section will be in actual contract sent to applicants]