ICON PARKING MONTHLY AGREEMENT – TERMS AND CONDITIONS
1. Agreement: By accepting these terms and conditions (the “Terms”) you (referred to herein as “You” “Your” or “Customer”) are entering into a binding contract with Icon Parking Holdings, LLC (together with its garage operating subsidiary that will provide parking services, the “Company” or “Icon”). The accompanying subscription order form (the “Subscription Form”) and these Terms compromise the entire agreement (the “Agreement”) between you and the Company and supersedes any and all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications.
2. License: Upon entering into this Agreement, accepting the Terms, and completing the monthly subscription sign up process, Icon will grant Customer a revocable license (the “License”) to park one vehicle at a parking facility operated by an Icon subsidiary (the “Garage”). The License is not transferrable to any other garage operated by the Company or to any other individual, although You may identify more than one authorized driver. You may substitute a different vehicle to replace the vehicle identified by You in the Subscription Form at the same rate, but only if the replacement vehicle is of a similar size and type, i.e., you may not substitute an oversized vehicle for a standard size vehicle. Customer may park a replacement vehicle temporarily in limited circumstances, i.e., when Customer’s vehicle is being serviced or repaired. If Customer wishes to use the License to temporarily park a replacement vehicle, it must be driven by Customer and a “no value replacement ticket” must be signed at the Garage. The License is, in all respects, subordinate to the Garage’s right to control the facility, either through a lease or other agreement. In the event the Garage’s agreement or right to operate its facility terminates for any reason, the Company may terminate this Agreement and revoke the License immediately; in such event Customer will be entitled to a pro-rated refund unless Customer’s actions contributed to the Garage’s loss of its right to operate its facility. Garage hours of operation are subject to change.
3. Subscription: You understand and agree that the pricing for monthly parking being provided by the Company is conditioned upon Your commitment to the parking term as set forth on the Subscription Form based on Your selection the “Subscription Term.” By entering into this Agreement, you agree to make all payments for monthly parking during the Subscription Term. If You terminate the Subscription prior to the end of the Subscription Term, you must pay a termination fee of 50% of your remaining subscription term balance, up to $1,000.
4. Term: The Term of this Agreement commences on Your selected monthly parking start date and ends at the conclusion of the Subscription Term as set forth in the Subscription Form. At the conclusion of the Subscription Term, this Agreement shall continue on a month-to-month basis until You or the Company terminates the Agreement. You may terminate this Agreement at any time for any reason after the conclusion of the Subscription Term by providing Company notice at least ten (10) days’ prior to the end of the calendar month, but You will not be entitled to any refund or pro-rated fees. Failure to provide notice of termination at least ten (10) days prior to the end of the calendar month will result in Customer being charged for the following month. Company may terminate this Agreement at any time for any reason by providing Customer at least 10 days’ written notice. If Company terminates the Agreement, other than by reason of Your breach of default, and such termination becomes effective in the middle of a calendar month, You shall be entitled to a pro-rata refund for any fees paid for that month. If Company terminates the Agreement prior to the conclusion of the Subscription Term, other than by reason of Your breach or default, and You have pre-paid for the entire Subscription Term, you shall be entitled to a pro-rata refund.
5. Fees and Payment: The price for monthly parking is set forth in the Subscription Form and is inclusive of pertinent taxes. As a condition of entering into this Agreement and the Company’s provision of parking services at a discounted rate, You must agree to enroll in automatic payments and electronic billing. The credit card provided during enrollment will be charged automatically on the first of each month unless you elect to change the form of payment, which must be either credit card or eCheck. Changes to Your automated payment may be made on the Company’s website, www.iconparking.com or using the IconGo app. If Your automated payment method fails, and payment is not provided by the tenth day of the calendar month, a late fee of $25.00 will be assessed and your vehicle will not be released until full payment is provided. If Your payment fails more than two times during the Subscription Term, the Company reserves the right to cancel this Agreement and charge all fees for the remainder of the Subscription Term. At the conclusion of Your Subscription Term, you may continue to park in the Garage at a rate that will be disclosed at least sixty (60) days prior to taking effect (or whatever minimum notice is required by applicable regulations). Payment will continue to be made via automated payment unless, prior to the first of any month Customer changes the method of payment. After the Subscription Term, Customer is not required to continue enrollment in autopay.
6. Partial Month Initial Fee: Payment for the first month of parking is due at sign up. If You are beginning Your Subscription in the middle of a month, you will be charged a full month and then receive a pro-rated credit on the following month’s bill.
7. Taxes: If Your vehicle is registered in Manhattan you may be eligible for an exemption from the Manhattan resident parking tax. A Manhattan Resident Parking Tax Exemption lowers the tax on parking spaces in Manhattan by 8% (from 18.375% to 10.375%). You can complete or obtain the application for the Manhattan Resident Parking Tax Exemption at https://www1.nyc.gov/site/finance/benefits/vehicles-manhattan-resident-parking-tax-exemption.page. In order for the Company to apply the Exemption, you must present a Parking Tax Exemption Certificate at the Garage or contact Icon’s customer service department for more information. Customer will be entitled to a refund for any additional parking tax paid for the month in which the Parking Tax Exemption Certificate is provided. Such refund may be made to the form of payment previously provided or in the form of a credit on the next month’s invoice.
8. Valet Parking: When parking Your vehicle at the Garage always hand your key to the attendant; never leave your key in the ignition or vehicle. The Company is not responsible for a vehicle unless the key has been delivered to an attendant. The Garage will only release the vehicle to You or an individual identified as an additional authorized driver. For best service please notify the Garage at least one hour before you will need your vehicle. Many locations offer an online vehicle request option via www.iconparking.com. Garage notification via text message may be available, please inquire with the Garage personnel. If You infrequently retrieve Your vehicle, additional notice may be necessary. If a sticker, parking permit, or RFID tag is provided it must be displayed at all times when in the Garage.
9. Self-Park: If the Garage is a self-park facility, the License is the extent of Customer’s right under this Agreement. No bailment shall have been created when Customer parks their vehicle at a self-park facility. Customer shall be solely responsible for locking their vehicle at a self-park facility and should retain their keys. The Company is not responsible for any loss, damage, theft, or fire that may occur to or in Customer’s vehicle when parked at a self-park facility.
10. Force Majeure: Company shall not be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), telecommunication breakdown or power outage, provided that, if the event in question results in the closure of the Garage(s) for at least ten (10) days, Customer may terminate the Agreement even if during the Subscription Term.
11. Liability and Damages: Liability is limited as posted in the Garage(s) and as stated herein. Company will not be responsible for any damage caused in whole or in part from drips, leaks or other structural defects in the Garage. Company is not responsible for personal property left in Customer’s vehicle. Customer should remove all personal property and valuables from the vehicle prior to exiting the Garage. Company is not responsible for any claim for damage to Customer’s vehicle unless Customer notifies a Garage employee and files a claim report prior to exiting the Garage. Please inspect Your vehicle prior to leaving the Garage. Pursuant to law, and as posted in the Garage, Company’s liability for loss or damage as a result of fire, theft or explosion is limited to $25,000 unless Customer pays an additional fee when parking his/her vehicle. Company is not responsible for loss or damage that is a result of actions by other customers in the Garage.
12. Customer Conduct: Customer must follow the specified traffic pattern and all signage in the Garage. Customer should treat Garage’s employees with courtesy and respect. Verbal or physical abuse against any Garage employee entitles and may result in the Garage refusing provide services to Customer and may result in immediate termination of this Agreement. No refund will be issued in the event that Customer is barred from parking in the Garage(s) as a result of abusive behavior or failure to follow instructions from Garage’s employees or signage in the Garage(s).
13. Abandonment: In the event Customer does not pay its monthly invoice and leaves his/her vehicle in a Garage for 30 days, Company reserves the right to lien the vehicle so it may be legally removed from the Garage.
14. No Assignment: Customer may not assign its rights or privileges under the Agreement to any other person. In the event the Company ceases to operate the Garage during the Term, Customer shall have the option to transfer its monthly account to another garage or cancel the remaining Subscription Term, if any.
15. Legal: This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with New York law. Any action arising out of or relating to this Agreement shall be instituted in the exclusive jurisdictions of the state or federal courts located in New York County, New York. This Agreement cannot be modified by any personnel working in the Garage and can only be modified in writing by an authorized representative of the Company.