The Heckart court found that the fact that the self-storage facility acquired its own insurance coverage for the losses of the protection plan was not relevant to the transaction between the applicant and the self-storage facility. Although the applicant attempted to argue that the automatic registration function was a deception in itself, the Court of Appeal upheld the decision in favour of the installation of self-storage and the brokerage establishment, since all the grounds relied upon depend on the assertion that the protection plan is insurance at trial. In addition to limiting liability, a tenancy agreement should provide that the tenant has agreed to absolve the institution of liability in the event of a disaster. A release provision must be clearly worded and the exemption from liability applies to the tenant and any person authorized by the tenant to enter the premises. In order to ensure as broad an applicability as possible, the authorization of liability should cover injuries or losses, regardless of the person involved or what. Since a general requirement of the derailment is that the leaseee obtain the right to use and own the property exclusively, a lease agreement should stipulate that the self-storage facility does not support the maintenance, deposit or control of tenant property. In a typical situation, a tenant should have exclusive control over their property and, unless the tenant violates the agreement, laws or rules, the institution does not care about the type of real estate stored by the tenant. In Heckart, the lease of the self-storage facility contained a compensation contract that deprived the facility of any damage to the stored property. In accordance with the terms of the contract, the client guaranteed that he was in insurance for goods stored against damage or theft and that he covered all the risks of loss covered by such insurance. However, these provisions were removed when the client decided to participate in a “protection plan” offered for an additional $10 per month.
In addition to the above clauses, there are several other contractual provisions that aim to limit liability and self-storage installation, including clauses that: An insurance clause in a rental contract may stipulate that tenants are required to receive sufficient insurance to cover the value of all real estate stored in the property.