This Special Provisions Addendum will be effective for all tenants of our Texas facilites as of December 1, 2022.
Welcome to Smartlock!
THIS SPECIAL PROVISIONS ADDENDUM (this “Addendum”), the Facility Rules, and all policies and additional terms posted on and in our and our sites, applications, tools, and services is attached to and forms a part of the Self-Service Storage Rental Agreement (“Agreement”) entered into by and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Addendum (“you", "your", "yours,”, or the “Tenant”) and Smartlock Management, LLC, a Texas limited liability company (“Smartlock,” “we,” or “us,”). Tenant and Smartlock are herein sometimes individually called a “Party” or collectively called the “Parties.”
All terms defined in such Agreement shall have the same meaning herein as in the Agreement. In the event of any conflict between the provisions of this Addendum and the provisions of such Agreement, the provisions of this Addendum shall prevail. This Addendum hereby deletes and replaces and any previous “First Amendment” previously agreed. By executing and becoming a tenant under the Agreement, you agree to comply with all the terms and conditions of this Addendum.
Updates
We may revise this Addendum and any of the other terms, agreements, or policies from time to time. Notices for updates to the terms of this Addendum will be given in accordance with Agreement.
Following such notice, by continuing your tenancy at our facility after any changes to this Addendum or any of the other applicable terms, agreements, or policies, you agree to abide and be bound by those changes. If you do not agree with any changes to this Addendum, you may terminate the Agreement in accordance with its terms. The updated version of this Addendum supersedes all prior versions.
Limitation of Liability
TENANT AGREES THAT SMARTLOCK AND ITS AGENTS' TOTAL RESPONSIBILITY FOR ANY LOSS FROM ANY CAUSE WHATSOEVER SHALL NOT EXCEED A TOTAL OF TWO-THOUSAND FIVE HUNDRED DOLLARS ($2,500.00).
Notices
Smartlock may change permitted mode of payment at any time, upon notice to Tenant. Notices to Smartlock must be hand delivered, mailed, emailed, or submitted on the Smartlock’s website in the Facility Information block below. EXCEPT AS OTHERWISE PROVIDED BY LAW, NOTICE MAY BE PROVIDED TO TENANT VIA EMAIL OR SMS MESSAGE. TENANT MUST PROVIDE AN EMAIL ADDRESS AND CELL PHONE NUMBER. TENANT OPTS-IN TO RECEIVE NOTICES VIA SMS MESSAGES TO PROVIDED CELL PHONE NUMBER. Message and data rates may apply. Tenant may opt-out of SMS message notices via notice to Smartlock. Tenant may find mobile terms and privacy policy online at Smartlock’s website. Tenant expressly waives (i) any notice or demand for performance by Smartlock and (ii) any opportunity to cure by Tenant on any matter. A Party may change its address by giving notice in writing to all other Parties in the manner set forth in this Section, stating the new address. Notices via email shall be treated as received when the email is sent. Under this Agreement, the Parties may use emails and digital signatures to satisfy written notice, approval, and consent requirements.
Property Remotely-Managed
TENANT UNDERSTANDS AND AGREES THAT THE FACILITY MAY BE UNATTENDED ON A REGULAR BASIS, WHICH MEANS THERE MAY BE NO MANAGER ON DUTY AT THE SITE. THE FACILITY, THEREFORE MAY NOT BE INSPECTED ON A REGULAR BASIS AND THEREFORE, ENTRANCE TO AND USE OF THE FACILITY IS AT THE TENANT'S OWN RISK.
Payments
PAYMENTS MAY ONLY BE MADE BY CREDIT CARD OR DEBIT CARD (or other additionally supported payment types) using Smartlock’s website (https://www.smartlockselfstorage.com/), except (i) during website outages, (ii) during account statuses not supported by the website (e.g. if Tenant’s space is being processed for sale), or (iii) at the option of Smartlock by other means (e.g. over the phone).
Your Property Must be Insured
You acknowledge that you are required to insure your personal property while it is on the premises at all our facilities. If you elect to not enroll in Smartlock’s Protection Addedum during initialization of your Agreement and do not provide us the policy information within fourteen (14) days, you will automatically be enrolled in the $5,000-limit Protection Addendum and owe the associated additional rent you do provide such information to us.
Quick Access
Smartlock may enter the space after Smartlock has made written request to Tenant for access to the space for relocation of contents after casualty loss or for inspection, repair, or improvement, and Tenant has failed to provide such access at the time and date requested, which may be no sooner than 3 days from the sending of such request.
Digital Locks
Tenant understands that the space may be equipped with an electronic locking system. Without Smartlock’s advance written consent, Tenant is not permitted to secure Tenant’s space with a lock if Smartlock has installed for Tenant’s space an electronic locking mechanism (e.g. Nokē Smart Entry system). Smartlock may remove any unpermitted Tenant locks. The term “overlock” in this agreement includes Smartlock’s disabling of electronic unit locks which may deny Tenant’s access. Tenant understands and agrees that the use of an electronic locking system does not change the Smartlock’s non-bailment status. Tenant is required to utilize the electronic locking system to secure its unit. Notwithstanding the use of an electronic locking system, Tenant maintains the care, custody and control of its stored property, the duty to secure and protect its stored property and the risk of loss of its stored property.
Smartlock provides no warranty for the operation of the electronic locking system. Tenant agrees and assumes the risk of possible malfunction of the electronic locking system, arising from mechanical failure, electrical or battery outage or other causes outside the control of the Smartlock. As such, Tenant releases Smartlock from any liability arising from the failure of the electronic locking system to operate as intended. Tenant disclaims all claims for liability against the Smartlock for consequences resulting from inadvertent locking of the space. Smartlock does not warrant or guarantee that the use of the electronic locking system will prevent theft of the stored goods. A lock removal fee of $100.00 shall apply to if Smartlock removes any unauthorized Tenant lock on the space.
Moving Out; Prorations
Subsection (a) of the Paragraph of the Agreement entitled “REFUNDS AND MOVEOUTS” is hereby deleted. Tenant agrees to follow the move-out process as described on Smartlock’s website, as such may be amended from time to time: (https://moveout.smartlockselfstorage.com/). No refund shall be provided to Tenant for current month if Tenant moves out before the end of Tenant’s current billing cycle.
Storing Vehicles
Prior to Tenant storing any vehicle, boat, trailer, or any other titled property (“Titled Property”) at the Facility, whether for an enclosed unit or for an open parking lot space, Tenant shall provide Smartlock a completed and executed “Storage of Vehicle or Trailer Addendum.”
Debit/Credit Card Charges, Disputes and Chargebacks
Tenant authorizes Smartlock to automatically debit a recurring charge/transaction for the monthly rent for the unit(s) shown in the Agreement from Tenant's credit or debit card or bank account provided for the term of the Agreement. Tenant understands that tenant will be notified, as set forth in the Agreement, if the rental amount due for Tenant’s space(s) changes, and that the amount debited monthly will reflect the effective rate. This authorization will remain in effect until terminated in writing and shall also serve to authorize any non-recurring charges due under the Agreement including NSF fees, late fees, and all other charges contemplated by the Agreement. Tenant also agrees to hold Smartlock, Smartlock’s agents and employees, harmless from any and all liability as a result of its activities in connection with such transactions.
Smartlock reserves the right, with advance written notification, to terminate your participation in this payment option. If an automatic debit is refused for any reason, including over-credit-limit charges, closed or unauthorized accounts, insufficient funds, or incorrect expiration dates, Smartlock may not be able to process payment. If payment is unable to be processed in a timely manner, late charges and other applicable charges as set forth in the Agreement may be charged and an alternate payment method may be required. If other payment arrangements are not made, Tenant will be subject to the lien enforcement procedures stated in the Agreement.
Tenant agrees to pay a total of $500.00 for any credit card dispute attempts, plus all collection and legal fees until the complete amount is paid in full. This shall not serve as a penalty, but as a fee for extra labor to research and submit additional paperwork for the credit card processor in order for Smartlock to rebut and fight such action.
If at any point in time Tenant requests a chargeback from their credit card company, Smartlock reserves the right to use any and all correspondence with Tenant to prove the legitimacy of the transaction. Some examples of correspondence may include, but is not limited to the following documents: (a) any and all signed agreements, whether signed via E-Sign or in person; (b) receipts of purchase; (c) receipts of down payment; (d) receipt of any payment for the specific charge; (e) delivery documentation should any claim refer to any services not being rendered or goods not being delivered; (f) the Tenant’s IP Address showing what computer signed the agreement via E-Sign and where; and (g) any and all other correspondence regarding the Tenant’s transaction to evidence services being rendered, proving the legitimacy of the transaction.
Should Smartlock’s discovery documentation provide sufficient evidence of a false chargeback, Client shall be liable for any and all fees and expenses incurred during the dispute resolution, plus the $500.00 fee listed above.
Non-disparagement and Waiver of Related Rights
UNTIL TENANT HAS MADE GOOD FAITH EFFORTS TO CONTACT SMARTLOCK TO RESOLVE ANY UNSATISFACTORY CUSTOMER EXPERIENCE OR PURPORTED BREACH HEREUNDER, except as requested by Smartlock, as permitted by applicable law that may supersede the terms of this Agreement, or as compelled by valid legal process, the Tenant shall not make to any other party any statement (whether oral, written, electronic, anonymous, on the Internet, or otherwise), which directly or indirectly impugns the quality or integrity of the Smartlock’s or any of the other Smartlock’s business, or any other disparaging or derogatory remarks about them. In executing this Agreement, the Tenant acknowledges and agrees that he has knowingly, voluntarily, and intelligently waived any (i) free speech, free association, free press, or First Amendment to the United States Constitution (including, without limitation, any counterpart or similar provision or right under any State Constitution) rights to disclose, communicate, or publish any statements prohibited by this subparagraph and (ii) right to file a motion to dismiss or pursue any other relief under the Texas Citizens Participation Act or similar state law in connection with any claim filed against him by the Company, including without limitation any claim arising from any alleged breach of this Agreement or the continuing obligations hereunder.
Governing Law
This Agreement, and the application or interpretation thereof, will be governed exclusively by its terms and by the laws of the State of Texas without regard to its conflict of laws provisions. Venue for any action related in any way to any dispute, controversy, or claim arising out of, or in connection with, or relating to, this Agreement or any breach or alleged breach hereof, shall be exclusively in the State and/or Federal Courts in Dallas County, Texas. The Parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
Waiver of Jury Trial
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THIS AGREEMENT. Each Party, after consulting or having had the opportunity to consult with counsel, to this Agreement certifies and acknowledges that (a) no representative of any other Party has represented, expressly or otherwise, that such other Party would not seek to enforce the foregoing waiver in the event of a legal action; (b) such Party has considered the implications of this waiver; (c) such Party makes this waiver voluntarily; and (d) such Party has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section.
Captions
Headings and captions are for convenience of reference only and shall not be deemed to interpret, supersede, or modify any provisions of the Addendum or Agreement.
Severability
In the event that any provision of the Addendum or Agreement shall be determined by a court of competent jurisdiction to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
Survival
The following sections survive any termination of this Agreement: Limitation of Liability, Governing Law, and Waiver of Jury Trial.
Remainder of Agreement
All terms and provisions of the Agreement not specifically modified or amended by this Addendum shall remain in full force and effect, and the Agreement, as expressly modified herein, is hereby ratified, confirmed and approved in all respects by the Parties.
