This Parking License and Liability Waiver (“Waiver”) is between you and Swell Spot / the lot operator (together, “Operator”) for parking at Fourth Avenue lot (1120 4th Avenue South). Completing payment is your electronic signature and your agreement to this Waiver.
PARK AT YOUR OWN RISK. Payment buys a limited, revocable license to park in an available space for the purchased event or time. It does not create a bailment, lease, or duty to guard, inspect, or protect your vehicle, passengers, or property.
NO LIABILITY FOR VEHICLE OR CONTENTS. To the fullest extent allowed by law, Operator, property owner, and their staff, contractors, and affiliates are not liable for loss, theft, vandalism, fire, flood, weather, collision, towing, or any other damage to your vehicle or anything in or on it, whether or not caused by negligence.
NO LIABILITY FOR INJURY. To the fullest extent allowed by law, you release Operator and the property owner from claims for personal injury, death, or other harm arising from use of the lot, including walking, driving, entering, or exiting, except for injury caused by Operator’s willful misconduct or as otherwise required by law.
YOUR RESPONSIBILITIES. You will lock the vehicle, remove valuables, obey posted signs and attendant directions, park only in a lawful space, and not block drives, hydrants, or reserved areas. Unattended children or animals are your responsibility. You must have a valid license, registration, and insurance.
TOWING AND REMOVAL. Vehicles parked without a valid paid session, after the session ends, in a restricted space, or in a way that creates a hazard may be ticketed, booted, or towed at the owner’s expense. Operator is not responsible for towing or storage charges.
INDEMNITY. You will defend and indemnify Operator and the property owner against claims, damages, and costs (including reasonable attorneys’ fees) arising from your use of the lot, your vehicle, or your guests, except to the extent caused by Operator’s willful misconduct.
If a court finds any part of this Waiver unenforceable, the rest still applies. Tennessee law governs, without regard to conflict-of-law rules. This is the entire agreement on liability for this parking session.