CAREFULLY READ THESE TERMS PRIOR TO PARKING. BY PARKING ON ANY TRW D&M LOTS / PARKING SPOKANE LOTS YOU ARE ENTERING INTO A CONTRACT WITH THE PARKING LOTS OPERATORS:
___________
TRW Development & Management LLC / Parking Spokane
PARKING LICENSE, WAIVER, AND INDEMNITY AGREEMENT
READ CAREFULLY — LEGALLY BINDING CONTRACT
By parking your vehicle on any lot operated by TRW D&M or Parking Spokane (the “Facility”), you (“Licensee” / “You”) enter into this contract with TRW Development & Management LLC / Parking Spokane (“Operator” / “We” / “Us”). If you do not agree to all the terms, do not park.
1. GRANT OF LICENSE & PAYMENT TERMS
- We grant you a non-exclusive license to park one vehicle in designated spaces, subject to these terms.
- The monthly parking rate is $60, payable in advance as a subscription.
- All parking fees must be paid prior to parking. Failure to prepay is a violation.
- Operator may change rates or terms upon notice as permitted by law.
2. CONTRACTUAL ACCEPTANCE & RULES
By parking you affirm and agree that:
- You accept and will comply with all posted signage, rules, and instructions governing the Facility.
- You will pay all fees, charges, and penalties incurred (see Section 3).
- This contract limits certain legal rights; you waive or restrict claims as to the extent allowed by law.
3. PENALTIES & COLLECTION
If you:
- Fail to prepay, or
- Exceed posted time limits, or
- Park improperly (blocking, unauthorized stall, etc.),
then Operator may assess Parking Penalty Fees as follows (if paid within 15 days):
ViolationFeeNo Advance Payment$40.00Overtime / Exceed Posted Time$40.00Improper Parking$45.00Reserved / Handicap / Non-EV Stall Misuse$65.00Late Payment Charge (after 15 days)+$25.00
Unpaid balances more than 15 days past due may be referred to a collection agency. You agree to pay our reasonable collection costs, including attorney’s fees.
4. RISK, WAIVER & RELEASE
- You acknowledge and assume all risk of loss, theft, damage, or injury to your vehicle or its contents, however caused, except to the extent caused by our gross negligence or willful misconduct (to the maximum extent allowed by law).
- You agree to hold us harmless and release us, our agents, employees, contractors, affiliates, and assigns (“Releasees”) from any and all claims, demands, causes of action, losses, damages, liabilities, costs, or expenses (including attorneys’ fees) arising out of or in connection with your parking, vehicle damage, theft, injury, or other events, whether or not the Releasee was negligent, except for claims arising from our gross negligence or intentional misconduct (to the extent those cannot be waived under applicable law).
- You waive any right to sue or claim against Releasees except for those claims we cannot by law disclaim or waive.
5. INDEMNIFICATION / DEFENSE OBLIGATION
To the fullest extent permitted by law, you shall indemnify, defend (with counsel reasonably approved by Operator), and hold harmless Operator and all Releasees from any and all liabilities, claims, demands, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use or occupancy of the Facility,
- Breach of this agreement,
- Your acts or omissions,
- Third-party claims arising from your parking or your vehicle,
- Violation of laws, rules, or regulations,
- Damage to the Facility caused by your vehicle or conduct,
except to the extent that such liabilities arise solely from our gross negligence or intentional misconduct (to the degree you cannot indemnify against those under applicable law).
You may not settle or compromise any claim on behalf of Operator or Releasees without our prior written consent.
6. LIMITATION OF LIABILITY
- Except for claims you cannot waive by law, our total liability to you for any cause shall not exceed the total parking fees you have paid in the preceding month.
- Under no circumstances shall we be liable for consequential, incidental, special, punitive, or indirect damages (including loss of use, lost profits, or business interruption) even if we have been advised of the possibility thereof.
7. SURVIVAL & SEVERABILITY
- The provisions of Sections 4 (Waiver & Release), 5 (Indemnification), 6 (Limitation), and any other provision that by its nature should survive will survive termination or expiration of this agreement.
- If any part of this agreement is found invalid or unenforceable by a court, that part shall be construed or severed to the minimal extent required, and the remainder shall remain in full force.
8. GOVERNING LAW & ENFORCEMENT
- This agreement is governed by the laws of the state in which the Facility is located (without regard to its conflict of law rules).
- You submit to the exclusive jurisdiction and venue of courts in that jurisdiction for issues arising under this agreement.
- You waive to the fullest extent allowed any jury trial or class action rights.
9. MISCELLANEOUS
- No Bailment Created: This is a license, not a lease or bailment; we are not in possession or control of your vehicle.
- Changes & Notices: We may amend these terms upon notice. Your continued parking constitutes acceptance of changes.
- Assignment: We may assign this agreement or our rights hereunder; your rights under this agreement are not assignable without our prior written consent.
- Entire Agreement: This document (and any posted signage/rules incorporated by reference) is the entire agreement; it supersedes all prior or contemporaneous proposals, communications, or understandings.
By parking, you confirm you have read, understood, and accept all terms, including waiver, release, limitation, and indemnification.