Terms of Service

Last updated: January 15, 2025

1. Agreement to Terms

By accessing or using the services of Local Emergency Locksmith ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not use our services.

2. Services

Local Emergency Locksmith provides professional locksmith services including but not limited to:

  • Emergency lockout services (residential, commercial, automotive)
  • Lock installation, repair, and replacement
  • Key duplication and programming
  • Security system installation and consultation
  • Lock rekeying services

We reserve the right to refuse service to anyone for any reason at any time.

3. Service Fees and Payment

You agree to pay all fees associated with the services provided. Pricing is determined based on:

  • Type of service requested
  • Time and day of service
  • Location and complexity of work
  • Parts and materials required

Payment is due upon completion of service. We accept cash, credit cards, and debit cards. A service call fee may apply for on-site visits.

4. Scheduling, Cancellations, and No-Shows

While we strive to meet scheduled appointment times, service times are estimates and may vary based on traffic, prior service calls, and other factors.

  • CANCELLATIONS: Cancellations must be made at least 2 hours in advance. Same-day cancellations may incur a $50 cancellation fee.
  • NO-SHOWS: If you are not present at the scheduled location or do not provide access, a no-show fee of $75 will be charged.
  • CUSTOMER DELAY: If service is delayed due to customer unavailability, additional trip charges may apply.

5. Limited Warranties and Guarantees

We provide a LIMITED 90-day warranty on labor for most services, subject to these conditions:

  • LABOR ONLY: Warranty covers defects in workmanship only, not parts or hardware.
  • EXCLUSIONS: Warranty does not cover: damage caused by misuse, abuse, attempted repairs by others, normal wear and tear, weather damage, forced entry by others, or failure to maintain locks properly.
  • NO IMPLIED WARRANTIES: We disclaim all implied warranties including merchantability and fitness for a particular purpose to the fullest extent permitted by Texas law.
  • MANUFACTURER WARRANTIES: Parts and hardware carry only the manufacturer's warranty, if any. We are not responsible for manufacturer defects.
  • EMERGENCY SERVICES: Emergency lockout services carry no warranty as they are one-time services.
  • SOLE REMEDY: Your sole remedy for breach of warranty is repair or re-service at our discretion. No refunds will be provided.

6. Liability Limitations and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW AND APPLICABLE FEDERAL LAW:

  • NO WARRANTIES: Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • DAMAGE LIMITATION: We are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
  • TOTAL LIABILITY CAP: Our total aggregate liability shall not exceed the amount you paid for the specific service giving rise to the claim, or $500, whichever is less.
  • PRE-EXISTING CONDITIONS: We are not responsible for pre-existing damage, wear, defects, or conditions in locks, doors, frames, windows, ignitions, or vehicles. Customer acknowledges that forced entry may cause damage in emergency situations.
  • DELAYS: We are not liable for delays, cancellations, or failures to perform caused by circumstances beyond our reasonable control including traffic, weather, equipment failure, or prior service commitments.
  • THIRD-PARTY PROPERTY: We are not responsible for damage to items inside locked premises or vehicles, including but not limited to personal property, business assets, or confidential materials.
  • SECURITY LIMITATIONS: No lock, security system, or access control is impenetrable. We make no guarantee that installed systems will prevent all unauthorized access or break-ins.

6A. Insurance and Bonding Limits

While we maintain insurance and bonding as required by Texas law, our liability is limited to our insurance policy limits. Claims exceeding policy limits shall be subject to the liability limitations in Section 6.

7. Proof of Ownership and Authorization

MANDATORY VERIFICATION: For your security and our legal protection, we REQUIRE proof of ownership or legal authorization before providing services. You agree to:

  • Provide valid government-issued photo identification
  • Provide documentation proving ownership or legal right to access (deed, lease, registration, title, work order, authorization letter, etc.)
  • Allow us to verify ownership through reasonable means including contacting property managers, HOAs, or law enforcement
  • Sign our service authorization form before work begins

CRIMINAL LIABILITY: You represent and warrant that you have legal authority to request the services. Requesting locksmith services for property you do not own or have legal right to access may constitute criminal trespass, burglary, or other crimes under Texas Penal Code. You agree to indemnify and hold us harmless from any claims arising from false representations of ownership or authorization.

RIGHT TO REFUSE: We reserve the absolute right to refuse service if we cannot verify ownership, if circumstances appear suspicious, or if requested by law enforcement. No refund of service call fees will be provided if service is refused due to insufficient documentation.

8. Emergency Services and Response Times

Emergency services are available 24/7/365 subject to the following terms:

  • PREMIUM PRICING: After-hours (6 PM - 8 AM), weekend, and holiday services incur premium rates. Emergency service fees are non-refundable.
  • NO GUARANTEED ETA: Response times are estimates only and not guaranteed. Actual arrival time depends on technician availability, traffic, weather, location, and other factors beyond our control.
  • SERVICE CALL FEES: A non-refundable service call fee applies for on-site visits, even if you decide not to proceed with service after our arrival.
  • MINIMUM CHARGES: Minimum service charges may apply regardless of time required to complete work.

9. Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of Local Emergency Locksmith and protected by copyright and trademark laws.

10. Indemnification and Hold Harmless

You agree to indemnify, defend, and hold harmless Local Emergency Locksmith, its owners, officers, employees, agents, contractors, and technicians from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use or misuse of our services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your false representation of ownership or authorization
  • Any criminal activity related to your service request
  • Any claim brought by third parties related to our services to you
  • Your negligence or willful misconduct

This indemnification obligation will survive termination of these Terms and your use of our services.

11. Dispute Resolution and Arbitration

MANDATORY ARBITRATION: Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except you may assert claims in small claims court if they qualify.

CLASS ACTION WAIVER: You agree to resolve disputes with us on an individual basis only. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

VENUE: Any arbitration or court proceeding shall be conducted in Dallas County, Texas. You consent to the exclusive jurisdiction and venue of Dallas County courts for any matters not subject to arbitration.

GOVERNING LAW: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Texas law shall apply to all disputes.

11A. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

11B. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, severe weather, power outages, telecommunications failures, government actions, civil unrest, labor disputes, epidemics, pandemics, terrorism, war, or any other circumstances beyond our reasonable control. During such events, our performance obligations shall be suspended for the duration of the force majeure event.

11C. Attorney's Fees and Costs

In any action or proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, and other expenses incurred in connection with such action or proceeding, in addition to any other relief to which it may be entitled. If you initiate a claim against us and do not prevail, you agree to reimburse us for all attorneys' fees and costs incurred in defending such claim.

11D. Payment Terms and Collection

Payment is due in full upon completion of service unless other arrangements are made in writing. By using our services, you agree to:

  • IMMEDIATE PAYMENT: Pay all charges immediately upon completion unless written credit arrangements have been approved in advance.
  • PAYMENT METHODS: We accept cash, credit cards, and debit cards. Credit card processing fees may apply.
  • LATE PAYMENTS: Past due accounts are subject to interest at the rate of 1.5% per month (18% APR) or the maximum rate permitted by Texas law, whichever is less.
  • COLLECTION COSTS: You agree to pay all costs of collection including attorneys' fees, collection agency fees, and court costs if your account is referred for collection.
  • RETURNED PAYMENTS: A $50 fee applies to all returned or declined payments.
  • NO PAYMENT DISPUTES: Payment disputes must be raised within 5 business days of service. After 5 days, charges are considered accepted and payment is due in full.

11E. Communication Consent

By providing your phone number and email address, you consent to receive communications from us including service-related texts, calls, and emails. You agree that we may use automated telephone dialing systems and/or pre-recorded messages. Standard message and data rates may apply. You may opt out of marketing communications but cannot opt out of service-related communications regarding appointments or services you have requested.

11F. Photographs and Documentation

We may photograph or document work performed for quality control, training, insurance, and legal protection purposes. You consent to such documentation. We will not use photos for marketing without your separate written permission.

11G. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by our authorized representative. No waiver of any breach shall constitute a waiver of any subsequent breach.

11H. Entire Agreement

These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and Local Emergency Locksmith regarding your use of our services and supersede all prior or contemporaneous communications, whether electronic, oral, or written. No verbal representations or modifications to these Terms are binding.

11I. Statute of Limitations

You agree that any claim or cause of action arising out of or related to our services or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose, or be forever barred. This one-year limitation period applies regardless of whether Texas law would otherwise allow a longer period.

11J. Acknowledgment and Acceptance

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you do not agree to these Terms, do not use our services. Your signature on any service authorization form or payment receipt constitutes acceptance of these Terms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of any modified terms.

13. Contact Information

If you have questions about these Terms, please contact us:

Local Emergency Locksmith

1910 Pacific Avenue, Suite 14190

Dallas, TX 75201

Phone: (214) 225-7722

Email: localemlocksmith@gmail.com