For partnership or ownership inquiries, reach out to our team.
Tel: (239) 334-8800
2740 Bayshore Drive, Naples, FL
5TH AVENUE CAR CLUB
THE SKY GALLERY™ AUTOMATED VERTICAL VEHICLE STORAGE
Terms & Conditions
Documentation. Your Storage Space Reservation Agreement (the “Agreement”) is made up of the following documents:
Final Price Sheet: The Final Price Sheet will be provided to you as your storage space availability date nears. It will include final pricing for your reserved storage space, including any applicable
taxes and fees.
Terms & Conditions: These Terms & Conditions are effective as of the date you place your reservation and make your Reservation Deposit (the “Reservation Date”).
Availability. You understand that storage spaces in The Sky Gallery™ Automated Vertical Vehicle Storage building (Sky Gallery), may be limited and that we do not guarantee a specific availability date for your Space. Available storage space sizes will be allocated in order of reservation and are subject to change at our sole discretion. We reserve the right to modify the size, configuration, or specifications of any storage space at any time, and to cancel any reservation affected by such changes. If all available storage spaces are reserved or occupied and no Space can be made available to you, or if we modify or cancel your reservation due to a change in storage space sizing, we will provide you with a full refund of your Reservation Deposit. Your actual availability date is dependent on many factors, including Sky Gallery construction, operational readiness, and reservation queue position. This Agreement creates only a right to reserve a space and does not create any vested, ownership, leasehold, or other property interest in any specific storage space or in the Sky Gallery.
Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and 5th Avenue Car Club, LLC and its affiliates (together, “5th Avenue Car Club”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to 5th Avenue Car Club at 9987 Gulf Logistics Drive, Unit 413, Fort Myers, FL 33913 and by email to legal@5thAvenueCarClub.com. If not resolved within sixty (60) days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and 5thAvenue Car Club will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our services. You agree to pay all AAA fees for any arbitration, which will be held in Lee County, Florida. The arbitrator may only resolve disputes between you and 5th Avenue Car Club and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others. In other words, you and 5th Avenue Car Club may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated. Arbitration is the sole and exclusive means of resolving any dispute between you and 5th Avenue Car Club, and this agreement to arbitrate overrides any different arbitration agreement between us.
Limitation of Liability. We are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of this Agreement. Without limiting the foregoing, we are not liable for any damage to, loss of, or theft of any vehicle or personal property in connection with this Agreement or the Sky Gallery, whether arising before or after your Space becomes available. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Reservation Deposit.
Cancellation by Us. We may cancel any reservation at any time for any reason, including but not limited to: (i) a belief that the reservation has been made with a view toward resale or assignment of the Space or has otherwise been made in bad faith; (ii) discontinuation of the Sky Gallery or any portion thereof; or (iii) any other business reason in our sole discretion. In the event of any such cancellation by us, we will provide you with a full refund of your Reservation Deposit, which shall be your sole remedy for any such cancellation.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Florida. Prior agreements, oral statements, negotiations, communications, or representations about the Space reserved under this Agreement are superseded by this Agreement. Terms relating to the reservation not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
Consent to Electronic Records and Signatures. By accepting this Agreement electronically, you consent to the use of electronic records and electronic signatures in connection with this Agreement and your reservation, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any applicable state law, including the Uniform Electronic Transactions Act (UETA). You agree that your electronic acceptance of this Agreement has the same legal force and effect as a handwritten signature. You further consent to receive all notices, disclosures, and communications related to this Agreement and your reservation electronically, including by email to the address you provide at the time of reservation.
Effective Date. This Agreement is entered into and effective as of the date you accept this Agreement by clicking “I Agree,” “Submit,” or any similar button or mechanism on our website. By
confirming and accepting this Agreement, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.
Cancellation by Us. We may unilaterally cancel any reservation that we believe has been made with a view toward resale or assignment of the Space or that has otherwise been made in bad faith. We may also cancel your reservation and refund your Reservation Deposit if we discontinue the Tower or any portion thereof after the time you place your reservation.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State of Florida. Prior agreements, oral statements,
negotiations, communications, or representations about the Space reserved under this Agreement are superseded by this Agreement. Terms relating to the reservation not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
Consent to Electronic Records and Signatures. By accepting this Agreement electronically, you consent to the use of electronic records and electronic signatures in connection with this
Agreement and your reservation, in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any applicable state law, including the Uniform
Electronic Transactions Act (UETA). You agree that your electronic acceptance of this Agreement has the same legal force and effect as a handwritten signature. You further consent to receive all notices, disclosures, and communications related to this Agreement and your reservation electronically, including by email to the address you provide at the time of reservation.
Effective Date. This Agreement is entered into and effective as of the date you accept this Agreement by clicking “I Agree,” “Submit,” or any similar button or mechanism on our website. By
confirming and accepting this Agreement, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.