WEST VIRGINIA STATE LAW ADDENDUM
1. Liens: Pursuant to W. Va. Code § 38-14-3, Owner has a statutory lien upon all personal property stored within the leased space for rent, labor, late fees, and expenses reasonably incurred in its sale or disposition. Property may be sold or disposed of to satisfy the lien if Tenant defaults.
2. Late Fees: If rent is unpaid for five (5) days or more past the due date, a late fee will be assessed at the lesser of $20 or 20% of the monthly rent.
3. Motor Vehicles & Watercraft: If Tenant is in default for more than sixty (60) days, Owner may have any motor vehicle, trailer, or watercraft towed or removed from the facility in lieu of a foreclosure sale. Owner is immune from civil liability for any damage occurring after the towing provider takes possession.
4. Statutory Notices: Tenant agrees that all legal notifications, including default and auction notices, may be sent via electronic mail (email) or text message to the last known digital contact provided. [1, 2, 4, 5]

SECTION 10: MANDATORY ARBITRATION AND CLASS ACTION WAIVER1. Agreement to Arbitrate: Owner and Tenant agree that any and all disputes, claims, or controversies arising out of, relating to, or in connection with this Rental Agreement, the use or occupancy of the Storage Space, or any property damage or personal injury occurring at the facility, shall be resolved exclusively through final and binding arbitration, rather than in a court of law. This agreement to arbitrate applies equally to the Owner, its employees, third-party management agents, software providers, and assigns, pursuant to West Virginia common law (Dempster v. AAAA Self Storage).2. Class Action Waiver: Tenant agrees that any arbitration or litigation shall be conducted solely on an individual basis. Tenant explicitly waives any right to commence, join, or participate as a plaintiff or class member in any class, collective, or representative action against Owner.3. Small Claims Court Exception: Notwithstanding the foregoing, either party may bring an individual action in a West Virginia Small Claims (Magistrate) Court if the total amount in dispute is less than the statutory magistrate limit, provided the case remains in that court and is not moved or appealed to a higher circuit court.4. Governing Rules and Costs: The arbitration shall be administered by a neutral, independent body, such as the American Arbitration Association (AAA) or National Arbitration and Mediation (NAM), using their consumer dispute rules. The party initiating the arbitration shall be responsible for filing fees, but the final arbitrator may award attorney fees and administrative costs to the prevailing party.

SECTION 11: CONSPICUOUS WAIVER OF RIGHT TO JURY TRIAL
IN THE EVENT THAT THE MANDATORY ARBITRATION CLAUSE IN SECTION 10 IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, INVALID, OR INAPPLICABLE TO ANY DISPUTE BETWEEN THE PARTIES, OWNER AND TENANT HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS RENTAL AGREEMENT, THE USE OR OCCUPANCY OF THE STORAGE SPACE, OR ANY PERSONAL INJURY OR PROPERTY DAMAGE OCCURRING AT THE FACILITY.

THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE OWNER TO ENTER INTO THIS AGREEMENT. THE PARTIES AGREE THAT ANY SUCH LITIGATION SHALL BE RESOLVED EXCLUSIVELY VIA A BENCH TRIAL CONDUCTED BEFORE A JUDGE SITTING WITHOUT A JURY IN A WEST VIRGINIA COURT OF COMPETENT JURISDICTION.

SECTION 12: HOLD HARMLESS AND INDEMNIFICATION
1. Tenant’s Guest Liability: Tenant assumes full financial and legal responsibility for the conduct, actions, safety, and well-being of any and all invitees, guests, family members, agents, or independent contractors (such as professional movers) brought onto the facility premises by Tenant or utilizing Tenant’s gate access credentials.

2. Duty to Indemnify: Tenant agrees to protect, defend, indemnify, and hold harmless Owner, its employees, managers, members, agents, and affiliates from and against any and all claims, demands, liabilities, lawsuits, judgments, damages, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of, relating to, or resulting from any personal injury, bodily harm, or property damage sustained by Tenant’s guests while on the facility property, regardless of whether such injury is alleged to have been caused in whole or in part by the ordinary negligence of Owner.

3. Enforcement Costs: If Owner is forced to retain legal counsel to enforce the terms of this Section, or to defend a lawsuit brought by a guest of the Tenant, Tenant shall reimburse Owner for all legal expenses and fees immediately upon written demand.