1. The term of this Agreement between Customer and Mammoth Mountain Ski Area, LLC ("Mammoth") is one year, from July 1, 2020 thru June 30, 2021 (the "Term"). The renewal locker rental fee shall be paid by August 31, 2020. Payments made after August 31, 2020, shall be subject to a $35 late fee.
2. At the end of the Term, Mammoth may elect to provide Customer the option to renew the Agreement. If Customer does not execute a new locker rental agreement and pay the renewal fee, or vacate the locker, by June 30, 2021, the locker will be deemed abandoned, and Mammoth reserves the right to cut the lock and remove the contents.
3. Customer acknowledges that if the Agreement is cancelled before the end of the Term, if the locker is deemed abandoned, or if the Agreement is otherwise terminated in accordance with the terms herein, Mammoth will remove any and all personal property from the locker. Mammoth is not liable or responsible to protect or preserve any removed items. Mammoth may, in its discretion, make reasonable efforts to hold locker contents for 30 days after removal, and Mammoth reserves the right to charge $6 per day to store the removed locker contents. Items not claimed and retrieved by Customer within the 30 day period will be considered abandoned and will be disposed of by Mammoth.
4. Except as may otherwise be prohibited by law, Customer acknowledges and agrees that Customer assumes all risk of loss, damage, theft or vandalism, and Mammoth shall not in any way be liable for the protection or preservation of the contents of the season lockers. The locker is not a bank, and the lockers are not safety deposit boxes. No items of extraordinary value should be stored in the locker. No bailment is created by this Agreement, and the relationship hereunder is not of bailor and bailee. In no event shall Mammoth's liability to Customer exceed One Dollar ($1.00).
5. Mammoth shall have the right of entry in and to the locker during the Term, including, without limitation, in the event of an emergency, or in the event of reasonable necessity within Mammoth's discretion. Customer shall indemnify, defend, and hold Mammoth, its principals, affiliates, officers, directors, agents and representatives, financially free and harmless from any and all demands, liabilities, losses, damages, claims, or actions of any form or type whatsoever and including, but not limited to, fire, theft, or vandalism, and which may be raised or asserted by Customer or any person making use of the locker, including attorney's fees and costs. Exclusive venue for any legal action shall be Mono County, California.
6. Customer may not structurally or otherwise modify or alter the locker without the written consent of Mammoth, and any damage to the locker will be sufficient cause to revoke this Agreement. Customer agrees to keep and maintain a locking device on the season locker assigned at all times. Failure to do so may result in termination of this Agreement.
7. This Agreement is not assignable by customer to anyone, and any attempt to assign this Agreement terminates this Agreement.
8. Customer acknowledges that Mammoth may carry out building changes or improvements that require the relocation or removal of the Customer's locker. In the event such improvements occur, Mammoth will make reasonable efforts to provide Customer with 15 day notice and an alternate permanent or temporary locker. If Customer does not remove Customer's contents within 15 days, Mammoth shall have the right to relocate the locker and/or its contents.
9. Any revocation or termination of this Agreement by Mammoth in accordance with the terms of this Agreement shall be without refund to Customer.
10. This Agreement is the final expression of the intentions and agreements of the parties. This Agreement supersedes any and all prior or contemporaneous agreements, either oral or in writing. No other agreements, representations, inducements, or promises, not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing and signed by the party to be charged.
11. All notices to Customer concerning this Agreement shall be sent by email to Customer's email address.