Terms & Conditions

2. Definitions and Parties

For purposes of these Terms:

“Road Guard” means the roadside assistance program, dispatch system, platform, brand, or roadside service operation through which roadside assistance requests are coordinated.

“Burks Foundation Programs” means the administrative or program operations supporting Road Guard where applicable.

“Platform” means any website, application, telephone system, payment system, dispatch system, communication system, or technology used to request, coordinate, manage, document, or pay for services.

“Provider” or “Technician” means the person or business assigned or authorized to perform roadside assistance.

“Third-Party Provider” means an independently owned towing company, repair facility, transportation provider, contractor, vendor, or other outside service provider.

“Service Event” means an individual roadside assistance request or dispatch.

The specific party responsible for performing a roadside service may differ from the party operating the Platform or coordinating dispatch.

Nothing in these Terms should be interpreted as representing that every Provider is an employee of Road Guard or The Burks Foundation.

3. Eligibility and Authority to Request Service

Customers requesting services must:

• Be at least eighteen (18) years old or otherwise legally capable of entering into a binding agreement;
• Have authority to request service for the vehicle or property involved;
• Provide accurate information concerning the vehicle and service request; and
• Provide any identification or authorization reasonably required before service.

For lockout, towing, transport, recovery, or similar services, Road Guard or the Provider may require proof of ownership, possession, registration, rental authorization, insurance, identification, or other evidence of lawful authority.

Service may be refused when lawful possession or authority cannot reasonably be verified.

4. Services Provided

Road Guard services may include, but are not limited to:

• Tire changes
• Jump-starts
• Battery assistance
• Fuel delivery
• Vehicle lockout assistance
• Minor roadside repairs
• Trailer assistance
• Equipment transport support
• Emergency roadside dispatch
• Mobile mechanic support
• Winch-out services
• Vehicle recovery assistance where available
• Towing coordination
• Transportation coordination
• Other roadside-related services approved by Road Guard

Availability varies by location, vehicle, equipment, Provider availability, weather, traffic, road conditions, service type, and safety considerations.

Road Guard does not guarantee that every requested service will be available.

5. Service Area and Availability

Road Guard services are provided only within available service territories.

Submission or acceptance of a service request does not guarantee that:

• A Provider is immediately available;
• A Provider can safely access the vehicle;
• The requested service can be completed;
• A particular arrival time can be met; or
• A particular repair or recovery method will be successful.

Service requests outside normal coverage areas may be declined or may require additional mileage, travel, after-hours, special-equipment, or other charges disclosed to the Customer.

6. Customer Authorization to Service Vehicle

By requesting service, the Customer authorizes Road Guard and the assigned Provider, within the scope of the requested service, to access, inspect, handle, move when reasonably necessary, and perform authorized roadside services on the identified vehicle, trailer, equipment, or related property.

Authorization is limited to work reasonably necessary to perform the requested service unless the Customer separately authorizes additional work.

The Customer represents that the Customer owns the vehicle/property or has authorization from the owner to request the service.

7. Independent Contractor and Service Provider Disclosure

Roadside services may be performed by independent contractors, independent businesses, participating Providers, subcontractors, or third-party service companies.

Unless expressly identified otherwise in writing, an independent Provider is responsible for its own:

• Business operations
• Taxes
• Required licensing
• Insurance
• Personnel
• Vehicles
• Tools and equipment
• Compliance with applicable law
• Performance of services

Nothing in these Terms is intended by itself to create an employer-employee relationship, partnership, joint venture, franchise, or agency relationship between independent Providers and Road Guard or Burks Foundation Programs.

The actual legal relationship will be determined by applicable law and the underlying contractual relationship.

8. Customer Responsibilities

The Customer agrees to:

• Provide an accurate service location
• Provide accurate vehicle information
• Accurately describe the breakdown or service requested
• Disclose known hazards
• Disclose unusual vehicle modifications
• Provide safe and lawful access
• Secure pets
• Secure valuables and personal property
• Maintain a safe distance from moving traffic
• Follow reasonable safety instructions
• Treat Providers and dispatch personnel respectfully
• Provide requested verification
• Remain reasonably available by telephone or electronic communication
• Pay authorized charges

Incorrect or incomplete information may result in delays, cancellation, inability to perform service, or additional charges.

9. Safety and Right to Refuse or Terminate Service

Safety takes priority over completion of any service.

A Provider may refuse, suspend, or terminate service when the Provider reasonably determines that conditions create an unsafe, unlawful, inaccessible, or materially hazardous service environment.

Examples include:

• Dangerous traffic conditions
• Fire
• Flooding
• Severe weather
• Unstable terrain
• Unsafe shoulders
• Hazardous materials
• Aggressive animals
• Threatening or abusive behavior
• Visible weapons creating a safety concern
• Suspected illegal activity materially affecting the service
• Unsafe vehicle positioning
• Inadequate working clearance
• Inaccessible vehicles
• Unsafe lifting conditions
• Conditions requiring specialized emergency personnel or equipment

Road Guard may recommend that the Customer contact law enforcement, fire/rescue, EMS, towing/recovery specialists, or another appropriate emergency service.

Road Guard is not a substitute for 911 or emergency public-safety services.

10. Lockout Services

The Customer requesting lockout assistance represents that the Customer is legally authorized to access the vehicle.

Identification, registration, insurance documentation, rental documentation, electronic ownership information, or other verification may be requested.

The Customer authorizes reasonable lockout techniques appropriate for the vehicle and acknowledges that certain vehicles, aftermarket systems, damaged locks, weather stripping, electronic security systems, or pre-existing conditions may increase the risk of damage.

A Provider may decline service when ownership or authorization cannot reasonably be verified or when entry cannot reasonably be attempted without unacceptable risk.

11. Tire Change Services

Tire-change service generally consists of removing a disabled wheel/tire and installing a Customer-provided serviceable spare or other approved replacement.

Service may be refused or discontinued because of:

• Missing wheel-lock keys
• Damaged lug nuts
• Seized lug nuts or studs
• Broken wheel studs
• Unsafe wheels
• Damaged spare tires
• Flat or underinflated spare tires
• Incorrect spare size
• Missing jack points
• Vehicle modifications
• Unsafe terrain
• Excessive vehicle weight
• Damaged suspension
• Unsafe roadside positioning
• Conditions requiring specialized equipment

Road Guard does not warrant the condition, age, inflation, structural integrity, compatibility, or continued performance of a Customer-provided spare tire.

The Customer should have lug torque and tire condition professionally verified as soon as reasonably practical after emergency roadside tire service.

12. Battery and Jump-Start Services

A jump-start is an emergency roadside service and is not a complete diagnostic inspection.

A successful jump-start does not establish that the battery, starter, alternator, charging system, electrical system, computer system, wiring, or related components are functioning correctly.

Certain vehicles, including hybrids, electric vehicles, luxury vehicles, modified vehicles, and vehicles with manufacturer-specific procedures, may require specialized equipment or procedures.

A Provider may decline a jump-start when the service cannot reasonably be performed safely or consistently with applicable manufacturer procedures.

13. Fuel Delivery

Fuel delivery is intended to provide sufficient fuel, where practicable, to permit the vehicle to reach an appropriate fueling location.

The Customer is responsible for accurately identifying the required fuel type.

Fuel cost may be separate from the service or dispatch charge.

Road Guard and Providers may refuse fuel delivery where:

• The fuel type cannot reasonably be verified;
• The vehicle requires specialized fueling;
• Fuel delivery is prohibited at the location;
• There is evidence of a fuel-system leak; or
• Conditions create an unreasonable safety risk.

14. Winch-Out and Vehicle Recovery

Winch-out assistance is subject to equipment capacity, terrain, vehicle condition, safe attachment points, accessibility, and Provider capability.

Standard roadside winch service may not include advanced recovery operations involving:

• Overturned vehicles
• Submerged vehicles
• Severe embankments
• Significant off-road recovery
• Commercial vehicles
• Structural obstacles
• Multiple recovery vehicles
• Heavy equipment
• Specialized rigging

Additional charges may apply when circumstances materially exceed the original service description.

The Customer acknowledges that recovery operations may involve increased risk where a vehicle is damaged, unstable, improperly positioned, or located on difficult terrain.

Providers may discontinue recovery operations when continuation would be unsafe or require equipment beyond the Provider's capabilities.

15. Towing and Third-Party Services

Road Guard may coordinate towing or other services performed by independent third-party companies.

Third-party providers may maintain separate:

• Pricing
• Terms and conditions
• Damage policies
• Storage charges
• Release requirements
• Insurance
• Cancellation policies
• Payment requirements

Unless otherwise required by applicable law or expressly assumed in writing, Road Guard is not responsible for independently imposed third-party charges or the independent acts or omissions of unaffiliated third-party providers.

Customers may be required to enter into a separate agreement directly with a towing or recovery company.

16. Parts, Materials and Consumables

Unless expressly included in the quoted service price, the Customer is responsible for the cost of:

• Fuel
• Batteries
• Tires
• Replacement parts
• Fluids
• Hardware
• Specialty materials
• Other consumable items

Road Guard does not manufacture replacement parts.

Any manufacturer warranty associated with a part remains subject to the manufacturer's warranty terms.

No Provider may materially increase the scope or price of work without Customer authorization except where immediate action is reasonably necessary to protect persons or property and is otherwise permitted by law.

17. Pricing and Additional Charges

Pricing is based on information provided by the Customer when requesting service.

Additional charges may apply for:

• Additional mileage
• Extended labor
• Incorrect service information
• After-hours service
• Holiday service
• Difficult access
• Specialized equipment
• Additional technicians
• Additional services requested
• Vehicle size or weight
• Recovery complexity
• Parts and materials
• Conditions materially different from those reported

Whenever reasonably practicable, the Customer will be informed of material additional charges before additional chargeable work is performed.

18. Dispatch Fees and Non-Refundable Charges

Certain charges compensate Road Guard or Providers for dispatch, travel, reserved time, processing, or mobilization and may become non-refundable once incurred.

Current charges may include:

Other disclosed charges may include:

• After-hours dispatch
• Mileage
• Travel
• Special equipment
• Waiting time
• Cancellation after dispatch

Once a Provider has been dispatched or has begun traveling to the Customer, applicable dispatch, travel, or mileage charges may become non-refundable to the extent permitted by law.

19. Payment Terms

Payment is due at booking, dispatch, completion, or another approved time specified during the transaction.

Accepted payment methods may include:

• Stripe
• Credit cards
• Debit cards
• Digital wallets
• Other approved electronic payment systems

The Customer authorizes Road Guard and its payment processor to charge the payment method provided for authorized amounts associated with the Service Event.

A failed, reversed, declined, or unauthorized payment may result in suspension or denial of non-emergency services.

Road Guard does not require Customers to surrender legitimate rights available through their card issuer, financial institution, or applicable law.

20. Cancellation Policy

A Customer may cancel before Provider dispatch without a cancellation penalty unless a disclosed reservation, booking, emergency, or other non-refundable charge has already been incurred.

After Provider dispatch:

• Dispatch charges may become non-refundable;
• Travel or mileage charges may apply;
• Reserved-time charges may apply; and
• Cancellation after Provider arrival may result in some or all of the quoted service charge being due where permitted by law.

A Customer who cannot be located or contacted after reasonable efforts may be treated as a no-show.

21. Refunds

Refund eligibility depends on the circumstances of the Service Event.

A refund or adjustment may be considered for:

• Duplicate charges
• Billing errors
• Provider cancellation before compensable dispatch activity
• Services not provided
• Other circumstances approved by Road Guard
• Circumstances where a refund is required by law

Dispatch, travel, mileage, completed labor, parts, processing, or other charges already earned or incurred may be non-refundable where disclosed and legally permitted.

Refunds generally will be returned through the original payment method when practicable.

22. Vehicle Condition, Damage and Incident Reporting

Roadside assistance involves interaction with vehicles that may already be disabled, damaged, mechanically defective, or located in hazardous environments.

Road Guard and Providers are not responsible for pre-existing damage or failures unrelated to the service actually performed.

Customers are encouraged to inspect and photograph their vehicle before and after service when safe to do so.

Any alleged damage associated with service should be reported as soon as reasonably practicable to:

support@roadguardtx.com

The report should include, when available:

• Customer name
• Service/order number
• Date and time
• Vehicle information
• Description of alleged damage
• Photographs or video
• Provider information
• Relevant supporting documentation

Nothing in this section shortens any legally applicable period for asserting a claim where such a limitation would be prohibited by law.

23. No Guarantee of Repair or Continued Operation

Roadside assistance is temporary or emergency support.

Unless a specific written warranty expressly states otherwise, Road Guard does not guarantee that:

• A vehicle will remain operational
• A roadside repair is permanent
• A jump-start resolves an underlying electrical problem
• A replacement tire or spare will remain serviceable
• Additional repairs will not be necessary
• A vehicle is safe for continued operation

Customers remain responsible for obtaining appropriate professional inspection and permanent repair.

24. Warranties and Disclaimers

To the maximum extent permitted by applicable law, services are provided based upon the conditions existing at the time of service.

Except for warranties that cannot legally be excluded, Road Guard disclaims implied warranties to the extent permitted by law.

Nothing in these Terms eliminates any warranty, remedy, consumer right, or legal protection that cannot lawfully be waived or disclaimed.

No oral statement by a dispatcher or Provider creates an additional warranty unless expressly incorporated into a written agreement authorized by Road Guard.

25. Limitation of Liability

To the fullest extent permitted by applicable law, Road Guard, Burks Foundation Programs, Platform operators, administrators, dispatch personnel, participating Providers, contractors, and affiliates shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from a Service Event where such damages may lawfully be excluded.

This may include, where legally permissible:

• Lost wages
• Lost profits
• Lost business opportunities
• Loss of use
• Delays caused by traffic or weather
• Missed appointments
• Personal-property loss unrelated to Provider negligence
• Other consequential economic losses

Where legally enforceable, aggregate liability arising directly from an individual Service Event may be limited to the amount paid for that Service Event.

This limitation does not apply to liability that cannot legally be limited or excluded, and nothing in these Terms is intended to waive liability for conduct for which limitation or waiver is prohibited by applicable law.

26. Customer Indemnification

To the extent permitted by law, the Customer agrees to be responsible for claims, losses, or expenses arising from the Customer's:

• Fraud
• Intentional misconduct
• Material misrepresentation
• Unauthorized request for service
• Violation of law
• Failure to disclose a known material hazard
• Material breach of these Terms

This provision does not require a Customer to indemnify Road Guard or another party for liability that applicable law does not permit to be transferred to the Customer.

27. Provider Insurance and Operational Requirements

Participating Providers may be required by Road Guard, contractual partners, or applicable law to maintain appropriate insurance, which may include:

• Commercial General Liability
• Commercial Automobile Liability
• Workers' compensation where legally required
• Occupational accident coverage where applicable
• Other required coverage

A minimum coverage standard may be established by Road Guard, including, where applicable, a $300,000 Combined Single Limit (CSL) or another amount established by program policy.

Providers are responsible for maintaining legally required licensing, vehicle registration, insurance, and operating authority applicable to their services.

Proof of insurance or other compliance documentation may be required.

28. GPS, Location and Service Tracking

The Customer acknowledges that location information may be collected and processed when reasonably necessary to:

• Identify the disabled vehicle
• Dispatch a Provider
• Determine estimated distance
• Provide navigation
• Track service progress
• Confirm arrival
• Document service completion
• Investigate disputes
• Prevent fraud
• Protect safety

Location information will be handled in accordance with applicable law and the Road Guard privacy practices or Privacy Policy.

GPS information may be inaccurate and should not be relied upon as the sole source of emergency-location information.

29. SMS, Email and Electronic Communications

By providing contact information in connection with a Service Event, the Customer authorizes transactional communications reasonably related to that request, including:

• Booking confirmations
• Dispatch notices
• Provider arrival updates
• Service-status updates
• Payment notices
• Receipts
• Appointment reminders
• Safety communications
• Customer-service messages

Message and data rates may apply.

Where SMS functionality supports standard commands, Customers may reply STOP to discontinue eligible automated SMS communications and HELP for assistance.

Consent to receive promotional or marketing communications will be obtained separately where required by law.

Consent to marketing communications is not required as a condition of purchasing roadside assistance where applicable law prohibits such a requirement.

30. Privacy, Photographs and Verification

Road Guard may collect information reasonably necessary to provide and document services, including:

• Customer name
• Telephone number
• Email address
• Service location
• Vehicle information
• Identification information
• Registration verification
• Vehicle photographs
• Before-and-after condition photographs
• Electronic signatures
• Service records
• Payment transaction information
• Provider information
• Communication records

Photographs or video collected for service verification, safety, fraud prevention, training, claims, or quality-control purposes will not automatically authorize unrelated public advertising or promotional use.

Separate consent should be obtained where a person's identifiable image is used for marketing or promotional purposes when required by law.

Payment-card information may be processed by third-party payment processors and is subject to applicable payment-processing and privacy requirements.

Road Guard may maintain a separate Privacy Policy describing data collection, retention, sharing, security, and applicable privacy rights.

31. Memberships and Subscription Programs

Customers enrolled in a Road Guard membership or subscription program are subject to the specific terms of that membership in addition to these Terms.

Memberships may contain:

• Service limits
• Mileage limits
• Waiting periods
• Vehicle limits
• Geographic restrictions
• Usage limits
• Renewal provisions
• Cancellation provisions
• Excluded services

Membership benefits apply only while membership is active and in good standing.

Fraudulent or abusive use may result in suspension or termination subject to applicable law and the applicable membership agreement.

32. Prohibited Conduct, Fraud and Account Termination

Customers may not:

• Knowingly provide false service information
• Request unauthorized entry into a vehicle
• Use Road Guard for unlawful activity
• Threaten, assault, intimidate, or harass Providers
• Intentionally damage Provider equipment
• Submit knowingly false payment disputes
• Commit payment fraud
• Misrepresent a Service Event
• Manipulate membership benefits through fraud
• Interfere with Platform operations

Road Guard may suspend or terminate access for material violations of these Terms, fraud, threats, repeated nonpayment, safety concerns, or unlawful conduct.

Nothing in this section prohibits a Customer from making a legitimate complaint, requesting a refund, disputing an incorrect charge, contacting a card issuer, filing an insurance claim, contacting a regulator, or exercising another lawful right.

33. Force Majeure and Service Delays

Road Guard is not responsible for delays or inability to perform caused by circumstances beyond reasonable operational control, including:

• Severe weather
• Flooding
• Fire
• Natural disasters
• Road closures
• Traffic incidents
• Government actions
• Civil emergencies
• Telecommunications outages
• Payment-network outages
• Internet or Platform failures
• Widespread power failures
• Labor disruptions
• Emergency call volume
• Other extraordinary circumstances beyond reasonable control

Estimated arrival times are estimates only and are not guarantees.

Road Guard will make reasonable efforts to communicate material delays when practicable.

34. Dispute Resolution, Governing Law and Contract Provisions

A. Informal Resolution

Customers are encouraged to contact Road Guard before initiating formal proceedings so that billing, service, or damage disputes can be reviewed.

Contact:

support@roadguardtx.com

Customers should provide sufficient information to identify the Service Event and explain the dispute.

Nothing in this provision prevents either party from exercising rights that cannot lawfully be restricted.

B. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where federal law or another mandatory law controls.

C. Venue and Jurisdiction

To the extent legally permitted, disputes arising from these Terms or Road Guard services that are brought in court shall be brought in a court of competent jurisdiction serving Bell County, Texas, unless applicable law requires a different jurisdiction or venue.

D. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law.

E. No Waiver

Failure to enforce a provision of these Terms does not constitute a permanent waiver of that provision or any other right.

F. Assignment

The Customer may not assign contractual rights or obligations relating to a Service Event without written authorization where such restriction is permitted by law.

Road Guard may assign administrative or contractual rights as part of a lawful business reorganization, transfer, service-provider arrangement, or similar transaction, subject to applicable law.

G. Entire Agreement

These Terms, together with any applicable service order, disclosed pricing, membership agreement, Privacy Policy, Provider-specific agreement, and other documents expressly incorporated into the transaction, constitute the agreement applicable to the Service Event.

H. Survival

Provisions concerning payment, completed services, disputes, liability, indemnification, privacy, evidence, governing law, and other provisions that by their nature should survive will remain effective following completion or termination of a Service Event.

35. Modifications, Electronic Acceptance, Contact and Acknowledgment

A. Modifications

Road Guard may revise these Terms from time to time.

Updated Terms will identify an effective or revision date and generally apply prospectively to Service Events occurring after the revised Terms become effective.

Material changes affecting an existing paid membership or continuing contractual arrangement will be handled in accordance with applicable law and the applicable membership or subscription agreement.

B. Electronic Records and Signatures

The Customer agrees that electronic records, electronic acceptance, digital signatures, checkbox acceptance, and other lawful electronic methods may be used to document transactions and agreements.

Electronic acceptance is intended to have the same legal effect as a physical signature to the extent permitted by applicable law.

C. Contact Information

D. Customer Acknowledgment

By selecting “I Agree,” “Accept,” “Request Service,” “Book Service,” “Confirm,” “Pay,” or a substantially similar electronic option, or by otherwise authorizing and receiving service, the Customer acknowledges that:

• The Customer has had an opportunity to review these Terms;
• The Customer understands the nature of the requested roadside service;
• The information supplied concerning the vehicle and Service Event is accurate to the Customer's knowledge;
• The Customer is authorized to request service for the vehicle or property;
• The Customer authorizes the requested service;
• The Customer agrees to pay authorized charges;
• The Customer understands that roadside assistance may provide temporary rather than permanent repair;
• The Customer understands that arrival times are estimates and not guarantees; and
• The Customer accepts these Terms and Conditions.