PARKING CONTRACT - PRIVATE PROPERTY

IF YOU DO NOT CONSENT TO THIS CONTRACT, EXIT NOW

By parking here, you agree to the terms of this Contract with Vanguard Parking Solutions, Inc. (“Vanguard”). If you don’t own the car you are parking, you are also agreeing to the contract on behalf of the owner of the vehicle you park.

IMPORTANT:

VANGUARD RECORDS ACTIVITY AT THIS PARKING FACILITY 24/7 using video recording equipment.

KEY TERMS of this Contract:

YOU MUST PAY the hourly parking fees (“Hourly Fees”) in full within 15 MINUTES after entering. If you leave within this time without parking, no Hourly Fees apply.
You agree that VANGUARD may obtain personal information as defined in the Driver’s Privacy Protection Act, 18 U.S.C. § 2721 (the “DPPA”), including but not limited to the vehicle owner’s name, phone number, physical and email addresses, license plate number, and the vehicle make and model, in order to identify the owner of that vehicle.
Failure to pay all the Hourly Fees due will result in a PARKING PAYMENT NOTICE that will include additional charges and processing charges (collectively, “Parking Charges”).
In some states, failure to pay in full may also result in your vehicle being towed, booted, or immobilized
.HOURLY FEES AND PARKING CHARGES ARE NON-REFUNDABLE.
DISPUTES: If you believe a charge was issued in error, you have 30 days to dispute it.

You can initiate a dispute through the contact form at www.PayParkingNotice.com or by calling (954) 228-3280 and speaking with an agent.

ARBITRATION: Unresolved disputes shall be resolved through binding arbitration.
WAIVER: Vanguard and you waive their rights to jury trial and you agree that you may not bring a claim as part of a class action.

COMPLETE PARKING CONTRACT

ACTIVITY IN THIS PARKING LOT OR GARAGE (THE “FACILITY”) IS RECORDED BY VANGUARD PARKING SOLUTIONS, INC. (“VANGUARD”) 24 hours per day, every day. Vanguard uses this video surveillance system to track the time you enter and leave the Facility, and to record pictures of the Facility and of your vehicle and license plate. Vanguard does not monitor the video 24/7 and the system is not designed or used for facility security.

By this Contract, the owner of the Facility (“Owner”) and Vanguard hereby grant you a license to park in a designated vehicle space in this Facility, as long as you do so in compliance with the posted rules and rates, including timely payment of all of the Hourly Fees. THE HOURLY FEES AND THE METHODS OF PAYMENT ARE SET FORTH ON A SEPARATE SIGN POSTED IN THIS FACILITY.

By parking in this Facility, you agree – on behalf of yourself and, if you are not the owner of the vehicle you are parking, on behalf of that owner - to the terms and conditions of this Parking Contract (the “Contract”) and to pay the regular hourly parking fee, including taxes and any municipal and county surcharges (collectively, “Hourly Fees”) WITHIN 15 MINUTES AFTER ENTERING THE FACILITY. If you do not want to be bound by this Contract, you must not park in a space and you must exit this Facility within 15 minutes of entering. No Hourly Fees will apply if you do not park and do exit this Facility within 15 minutes of entering it. THE HOURLY FEES are charged 24 hours per day, 365 days a year and are NON-REFUNDABLE, regardless of whether the time paid for is fully utilized. If you fail to pay the Hourly Fees within 15 minutes of entering this Facility, or if you pay less than the amount you owe for the time you are parked, you will be in breach of this Contract and will incur PROCESSING FEES OR CHARGES, SURCHARGES AND LATE FEES IMPOSED BY VANGUARD OR THE OWNER OF THE FACILITY (THE “PARKING CHARGES”). Parking Charges may total up to $125 per parking incident.

BY PARKING A VEHICLE IN THIS FACILITY, YOU ALSO CONSENT TO VANGUARD’S OBTAINING, SOLELY FOR BILLING AND COLLECTION PURPOSES, RECORDS CONTAINING PERSONAL INFORMATION AS DEFINED IN THE DRIVER’S PRIVACY PROTECTION ACT, 18 U.S. Code § 2721 (THE “DPPA”), including but not limited to the vehicle owner’s name, address, license plate number, and vehicle make and model, IN ORDER TO IDENTIFY THE OWNER OF THAT VEHICLE AND TO SEND THAT PERSON NOTICES, INVOICES, AND OTHER DOCUMENTATION RELEVANT TO AMOUNTS OWED FOR HOURLY FEES AND PARKING CHARGES BECAUSE THE VEHICLE WAS PARKED IN THIS FACILITY WITHOUT FULL PAYMENT. VANGUARD WILL NOT USE SUCH INFORMATION FOR ANY PURPOSE OTHER THAN COLLECTING HOURLY FEES AND PARKING CHARGES. Vanguard will not sell, offer to sell, or transfer to another person for sale any personal information obtained about the owner of a vehicle using the Facility.

YOU AGREE THAT YOU WAIVE ANY CLAIM YOU MIGHT OTHERWISE HAVE AGAINST VANGUARD OR THE OWNER OF THIS FACILITY IN CONNECTION WITH THE ACQUISITION AND USE OF SUCH PERSONAL INFORMATION, INCLUDING WITHOUT LIMITATION CLAIMS UNDER THE DPPA AND ANY APPLICABLE STATE LAW.

If you have not timely and fully paid the Hourly Fees, Vanguard will either place a PARKING PAYMENT NOTICE (“Notice”) on your vehicle while it is parked in the Facility or send you a Notice by mail. The Notice will include an invoice setting forth the amount you owe, including all applicable Parking Charges, the due date and any grace period for payment.

Failure to pay the Parking Charges may result in the matter being referred to collections or for legal action. Additionally, if a Notice remains unpaid after its Due Date and you later park your vehicle in a different parking facility monitored by Vanguard, Vanguard may have the right under state law to tow, immobilize, and/or boot your vehicle. Vanguard may also have the right to collect the current balance of the total amounts you owe for parking at all Vanguard-monitored facilities before releasing the vehicle.

DISPUTES, APPEALS. You may dispute any invoice or Notice that you believe was issued to you in error by submitting a notice of dispute to Vanguard before the Due Date set forth in the Notice. To submit a dispute, you may call us at 954-228-3280, send us an e-mail at disputes@vanguardparking.co, or follow the steps for filing a dispute on our website at https://payparkingnotice.com/pay. Vanguard will inform you of its decision regarding this dispute within 5 business days after hearing from you. If you do not agree with Vanguard’s decision regarding your objection, you may then appeal it by initiating, within 10 days after your receipt of Vanguard’s decision, arbitration in Palm Beach County, Florida, or the county and state where the Parking Facility is located, in accordance with the CONSUMER ARBITRATION RULES (“CAR”) of the American Arbitration Association (“AAA”), (WHICH ARE AVAILABLE AT WWW.ADR.ORG).

If you have any questions, you may reach us by telephone at 954-228-3280 or by e-mail at Support@vanguardparking.co.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE STATE LAW, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND VANGUARD ARISING FROM YOUR PARKING AT THE FACILITY OR UNDER THIS CONTRACT, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION ADMINISTERED BY THE AAA UNDER ITS CAR. THE SUBSTANTIVE LAW OF ANY ARBITRATION SHALL BE THE LAWS OF THE STATE IN WHICH THE FACILITY IS LOCATED. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW ALSO APPLY TO THIS CONTRACT.

BY ENTERING INTO THIS CONTRACT, YOU AND VANGUARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS VANGUARD AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THIS CONTRACT AND THE LAW AS A COURT WOULD.

THE ABOVE ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT.

Vanguard may assign this Contract without your approval.

THE NOTICE AND INVOICE ARE PRIVATELY ISSUED. THEY ARE NOT ISSUED BY A GOVERNMENTAL AUTHORITY OR AGENCY AND ARE NOT SUBJECT TO CRIMINAL PENALTIES.