Terms and Conditions

Preamble

By submitting this form, you (the “Property Owner“) agree to be bound by these Terms and Conditions as of the date of submission.

1. Finder’s Duties and Non-Exclusive Rights

1.1 Property Owner grants Finder the non-exclusive right to market, advertise, and lease the Property for parking and storage purposes during the term of this Agreement.

1.2 Finder will list the Property on its platform, bring Customers, and collect all parking or lease payments (“Gross Fees” and “Rents”).

1.3 Finder will remit to Property Owner their share of collected funds as described in Section 2 below.

2. Finder’s Compensation

2.1 Trux keeps 20% of all Gross Fees and Rents collected. Property Owner receives 80%.

2.2 Trux shall provide a monthly accounting to Property Owner of all Gross Fees and Rents collected by Trux.

3. Obligations of Property Owner

3.1 Property Owner shall keep spaces available. If a Customer books a spot, Property Owner must ensure it is open when the Customer arrives.

3.2 Property Owner shall control and maintain the Property in good working order and to standards acceptable for customer use.

3.3 Property Owner shall maintain the automatic gate, lighting, and cameras at the Property in good working order and to standards acceptable for customer use.

3.4 If Finder receives a complaint that the standards in Section 3.3 are not being met, Property Owner must remedy the issue within thirty (30) days of written notice.

3.5 If Property Owner fails to remedy such issues within the thirty (30) day cure period, Finder may terminate this Agreement; provided that Finder may not withhold monies which are due and owing to Property Owner.

3.6 Finder is not responsible for maintenance or safety of the Property.

4. Indemnification

4.1 Each Party (the “Indemnifying Party“) shall indemnify, defend, and hold the other Party, its respective shareholders, officers, directors, administrators, managers, personnel, successors, and assigns (each, an “Indemnified Party“) harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, actions, demands, lawsuits, costs, and expenses, including without limitation reasonable attorneys’ fees, that arise out of or relate to:

• The gross negligence, willful misconduct, or fraud of the Indemnifying Party;
• The Indemnifying Party’s breach of any obligation, representation, or warranty under this Agreement; or
• The failure by the Indemnifying Party to comply with any applicable laws, rules, and regulations.

4.2 For purposes of this section, the acts or omissions of a Party’s employees, consultants, subcontractors, agents, and representatives shall be deemed the acts or omissions of that Party.

5. Limitation of Liability

5.1 In no event shall either Party be liable under this Agreement to the other for any incidental, consequential, indirect, statutory, special, exemplary, or punitive damages, including but not limited to lost profits, loss of use, loss of time, shutdown or slowdown costs, inconvenience, loss of business opportunities, damage to goodwill or reputation, or other economic loss, regardless of whether such liability is based on breach of contract, tort, strict liability, or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen.

6. Confidentiality and Non-Solicitation

6.1 Each Party (the “Receiving Party“) agrees to keep the other Party’s business information confidential and not to disclose it to third parties without prior written consent.

6.2 Property Owner agrees not to directly solicit, for the purpose of diverting business away from Finder, any Customers referred to the Property by Finder during the term of this Agreement and for a period of twelve (12) months thereafter.

6.3 For the avoidance of doubt, Section 6.2 does not prohibit Property Owner from continuing to market the Property through its own existing channels, including signage, its own website, or other referral platforms, provided that Property Owner does not directly approach Finder’s referred Customers for the purpose of causing them to circumvent Finder’s platform.

7. Term and Termination

7.1 This Agreement is month-to-month, commencing on the Effective Date (the date of form submission).

7.2 Either Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party.

7.3 Either Party may also terminate this Agreement for material breach if such breach is not remedied within thirty (30) days of written notice from the non-breaching Party.

8. Independent Contractors

8.1 Both Parties are independent contractors. Each Party is responsible for its own taxes, withholdings, and other statutory obligations.

9. Governing Law and Dispute Resolution

9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles.

9.2 Any dispute arising out of or relating to this Agreement shall be handled exclusively in the state and federal courts located in Faulkner County, Arkansas, and each Party consents to the jurisdiction and venue of such courts.

9.3 Each Party waives its right to a trial by jury in any dispute arising out of or relating to this Agreement.

10. Attorney Fees

10.1 In any dispute arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney fees and costs from the non-prevailing Party.

11. Entire Agreement

11.1 This Agreement, including these Terms and Conditions, contains all terms and conditions agreed to by the Parties and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.

11.2 Any changes, modifications, or amendments to this Agreement must be in writing and signed by both Parties to be valid and enforceable.

Acceptance

By submitting this form or checking the box at the end of the Property Onboarding form, you (the “Property Owner”) agree to be bound by these Terms and Conditions as of the date of submission.