Joyner Tractor & Trailer Parking — Liability Disclaimer (Theft/Damage)
1. Purpose
This Liability Disclaimer ("Disclaimer") describes the scope and limitations of Joyner Transportation & Logistic Services LLC's ("Joyner," "we," "us," or "our") liability for theft of, damage to, or loss of vehicles, cargo, and personal property at Joyner tractor and trailer parking facilities ("Facility"). Parker should read this Disclaimer carefully before parking at any Joyner Facility. This Disclaimer supplements and is incorporated into the Joyner Parking Agreement.
2. Nature of Parking Services
Joyner provides parking facilities as a bailee for hire — Joyner accepts vehicles for parking and exercises reasonable care over the Facility. However, Joyner is not an insurer of parked vehicles, trailers, or their contents. The parking fee paid by Parker represents compensation for the use of the parking space and Facility amenities, not for insurance coverage against theft, damage, or loss.
Joyner Parking Facilities are equipped with reasonable security measures including perimeter fencing, access-controlled entry, security lighting, and security camera systems where available. The presence of these security measures does not guarantee that theft, vandalism, or damage will not occur, and does not increase Joyner's liability beyond the limits described in this Disclaimer.
3. Joyner's Liability — Vehicle Damage
Joyner exercises reasonable care in operating and maintaining its Parking Facilities. Joyner is liable for damage to parked vehicles that is directly caused by Joyner's negligence in the operation or maintenance of the Facility — for example, damage caused by a Facility structure that Joyner failed to maintain in safe condition, or damage caused by Joyner's own equipment or personnel.
JOYNER IS NOT LIABLE FOR VEHICLE DAMAGE CAUSED BY: (A) OTHER PARKERS OR THIRD PARTIES NOT UNDER JOYNER'S CONTROL; (B) WEATHER EVENTS, INCLUDING HAIL, WIND, FLOODING, OR FALLING TREES OR DEBRIS; (C) ACTS OF GOD OR FORCE MAJEURE EVENTS; (D) NORMAL WEAR AND TEAR OR PRE-EXISTING DAMAGE; OR (E) PARKER'S FAILURE TO PROPERLY SECURE THE VEHICLE.
JOYNER'S MAXIMUM LIABILITY FOR VEHICLE DAMAGE CAUSED BY JOYNER'S NEGLIGENCE IS LIMITED TO THE LESSER OF: (A) THE ACTUAL COST OF REPAIR OF THE DAMAGED VEHICLE; OR (B) THE FAIR MARKET VALUE OF THE VEHICLE IMMEDIATELY BEFORE THE DAMAGE OCCURRED. IN NO EVENT SHALL JOYNER'S LIABILITY EXCEED $10,000 PER VEHICLE PER INCIDENT.
4. Joyner's Liability — Vehicle Theft
JOYNER IS NOT LIABLE FOR THE THEFT OF ANY VEHICLE, TRACTOR, OR TRAILER PARKED AT A JOYNER PARKING FACILITY, UNLESS THE THEFT WAS DIRECTLY ENABLED BY JOYNER'S GROSS NEGLIGENCE — FOR EXAMPLE, JOYNER'S FAILURE TO MAINTAIN A FUNCTIONING ACCESS CONTROL SYSTEM THAT ALLOWED UNAUTHORIZED ACCESS TO THE FACILITY. JOYNER IS NOT LIABLE FOR VEHICLE THEFT RESULTING FROM: (A) PARKER'S FAILURE TO PROPERLY SECURE THE VEHICLE (UNLOCKED DOORS, KEYS LEFT IN VEHICLE, UNSECURED KINGPIN); (B) THEFT BY OTHER PARKERS OR PERSONS WHO ACCESSED THE FACILITY USING VALID CREDENTIALS; (C) THEFT THAT OCCURRED OUTSIDE THE FACILITY PERIMETER; OR (D) THEFT FACILITATED BY PARKER'S OWN EMPLOYEES OR AGENTS.
5. Cargo & Contents Liability
JOYNER IS NOT LIABLE FOR THE THEFT OF, DAMAGE TO, OR LOSS OF ANY CARGO, FREIGHT, OR CONTENTS STORED IN OR ON VEHICLES PARKED AT JOYNER PARKING FACILITIES, REGARDLESS OF THE CAUSE. PARKER IS SOLELY RESPONSIBLE FOR THE SECURITY AND INSURANCE OF ALL CARGO AND CONTENTS. JOYNER STRONGLY RECOMMENDS THAT PARKERS NOT STORE HIGH-VALUE CARGO IN TRAILERS AT PARKING FACILITIES FOR EXTENDED PERIODS AND THAT APPROPRIATE CARGO INSURANCE BE MAINTAINED AT ALL TIMES.
Parker acknowledges that commercial parking facilities are a known target for cargo theft and that parking high-value or theft-targeted freight (electronics, pharmaceuticals, consumer goods) at any commercial lot carries inherent risk. Joyner's security measures are designed to deter but cannot guarantee prevention of cargo theft.
6. Personal Property
JOYNER IS NOT LIABLE FOR THE THEFT OF OR DAMAGE TO PERSONAL PROPERTY — INCLUDING PERSONAL ELECTRONICS, CASH, CLOTHING, TOOLS, AND OTHER PERSONAL EFFECTS — LEFT IN VEHICLES PARKED AT JOYNER PARKING FACILITIES. DRIVERS SHOULD NOT LEAVE VALUABLES IN UNATTENDED VEHICLES.
7. Security Camera Disclaimer
Where Joyner Parking Facilities are equipped with security cameras, camera footage is recorded and retained for a limited period (typically 30 days) for security monitoring purposes. The presence of security cameras does not guarantee that all incidents will be captured on video or that video footage will be available for all claimed incidents. Camera coverage may not extend to all areas of the Facility. Security camera footage may be reviewed in connection with a reported theft or damage incident and may be provided to law enforcement upon valid legal request.
The presence of security cameras at a Facility does not increase Joyner's liability for theft or damage beyond the limits described in this Disclaimer and does not constitute a representation that the Facility is under continuous human monitoring.
8. Parker's Insurance Obligations
Parker is responsible for maintaining adequate commercial insurance coverage for all vehicles and cargo parked at Joyner Facilities, including:
- Commercial auto liability: Meeting applicable FMCSA minimum requirements
- Physical damage coverage (comprehensive and collision): For tractors and trailers where replacement cost protection is desired
- Cargo insurance: For all freight stored in trailers at the Facility
- On-hook/in-tow coverage: Where applicable
Joyner's parking fee does not include any insurance coverage for Parker's vehicles or cargo. Parker may not look to Joyner to cover losses that should be covered by Parker's own commercial insurance policies.
9. Reporting Theft or Damage
Parker must report any theft or damage discovered at the Facility as follows:
- Contact Joyner's parking team immediately at parking@myjoyner.com or the Facility emergency contact number
- Call 911 to report theft or vandalism to law enforcement and obtain a police report
- Submit a written incident report to Joyner within 24 hours of discovery, including: the date and time the vehicle was parked; the date and time the theft or damage was discovered; a description of the theft or damage; the police report number; and photographs of any damage
Failure to report theft or damage within 48 hours of discovery may limit Joyner's ability to investigate and may affect any claim against Joyner. Joyner will cooperate with Parker's insurance carrier in connection with any covered claim.
10. Limitation on Consequential Damages
JOYNER IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM VEHICLE THEFT OR DAMAGE AT A JOYNER PARKING FACILITY, INCLUDING LOST FREIGHT REVENUE, CARGO LOSS, BUSINESS INTERRUPTION, OR COSTS OF ALTERNATIVE TRANSPORTATION, REGARDLESS OF WHETHER JOYNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Dispute Resolution & Governing Law
All disputes arising out of or relating to this Disclaimer are subject to the Joyner Arbitration & Dispute Resolution Policy, including the binding arbitration agreement and class action waiver. This Disclaimer is governed by the laws of the State of Georgia.
12. Contact
Theft and damage reports: parking@myjoyner.com | Claims: claims@myjoyner.com | Joyner Transportation & Logistic Services LLC | Atlanta, Georgia.
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