Wash club terms
WASH ASSOCIATES CLUB MEMBERSHIP PLAN TERMS (“TERMS”)
BY AGREEING TO THESE TERMS, YOU AGREE TO THE AUTOMATIC RENEWAL AUTHORIZATION, ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER DESCRIBED IN SECTION 4
WASH ASSOCIATES LLC, its affiliates and subsidiaries, (collectively “Wash Associates”, “us”, “our”, or “we”), offers a membership that allows customers to subscribe to an auto-renewing plan for a level of car wash services (“Membership”) Each monthly Membership will renew automatically and entitles the registered vehicle to unlimited washes each month at the subscribed to level. These Terms govern your Membership and use of the services offered through the Membership. These Terms, including our Privacy Notice and the Website Terms of Service, are the entire agreement between you and Wash Associates with respect to your Membership. Wash Associates’ failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
TERMS
When you create a Wash Associates digital account (“Account”) at our website www.washassociates.com (“Website”) and/or purchase a Membership, we will collect identifying information about you and your vehicle, which is subject to our Privacy Notice, incorporated herein. As used in these Terms, “service” or the “services” means the car wash services provided to the identified vehicle by Wash Associates under your purchased Membership. By providing a Payment Method (defined below), and either accepting these Terms or utilizing the services, you agree that you have read and understand these Terms. If you do not agree with these Terms, cancel your Membership as outlined in Section 2,1 and do not use the services.
WASH ASSOCIATES CLUB MEMBERSHIP AND FEES
1.1 Services: We reserve the right to change our Membership plans, Terms, or fees at any time, provided, however, that any material changes will take effect thirty (30) days after being posted at the impacted locations, on the Website, or otherwise communicated to you. The services offered at each Wash Associates location may vary. A Membership allows unlimited services for the vehicle identified with the plan at any Wash Associates location that provides such a plan. Locations and plan details may be viewed at www.washassociates.com/locations.
WASH ASSOCIATES CLUB MEMBERSHIP AND FEES
1.2 AUTO-RENEWAL: The Membership for each vehicle will commence with your delivery of a valid, accepted debit or credit card (“Payment Method”) to Wash Associates and your acceptance of these Terms and will automatically renew monthly until canceled by you or Wash Associates. You must be 18 years of age to create an Account or purchase a Membership. YOUR PAYMENT METHOD WILL NOT BE CHARGED UNTIL YOU AGREE TO THESE TERMS. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW MONTHLY, AND YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED ON A RECURRING MONTHLY BASIS UNTIL CANCELED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS. YOU RETAIN THE RIGHT WITHOUT ADDITIONAL COST OR PENALTY TO TERMINATE YOUR MEMBERSHIP AT ANY TIME, AS DESCRIBED IN PARAGRAPH 2.1, BELOW.
1.3 Single Vehicle, Personal Use Only: Each purchased Membership is for a single, personal, non-commercial vehicle only. Members may transfer the Membership to a different vehicle a maximum of one (1) time per calendar year. Any misuse of the Membership may result in termination of the Membership without a refund.
1.4 Discounted Introductory Period: After the expiration of any discounted introductory or promotional offer period, we will charge the then-current regular price for your chosen plan on your next billing cycle to your Payment Method AND YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT REGULAR PRICE.
CANCELATION
2.1 Cancelation By You: You may cancel your Membership at any time. All cancellations must be in writing and processed: (a) through our online web portal, https://washassociates.app.rinsed.co/portal/sessions/new, (b) by emailing info@washassociates.com, or (c) in-person at any one of our locations. YOU MUST CANCEL A MEMBERSHIP AT LEAST 7 DAYS BEFORE IT RENEWS IN ORDER TO AVOID AUTOMATIC BILLING TO YOUR PAYMENT METHOD FOR THE NEXT MONTHLY BILLING CYCLE. Services under a canceled Membership will continue through the end of the current billing period. Paid Membership fees are non-refundable and there are no refunds or credits for partially used Membership periods.2.2 Termination by Wash Associates: We may cancel your Membership at any time and for any reason. We may suspend, deactivate, or terminate your Account and/or Membership to protect you or Wash Associates from identity theft or other fraudulent activity. Wash Associates is not obligated to credit or discount your Membership for any such suspensions, deactivations, or terminations.
LIMITATIONS ON WARRANTIES AND DAMAGE CLAIMS
3.1 No Warranty: MEMBERSHIP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). WASH ASSOCIATES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.
3.2 Damage Disclaimer: WASH ASSOCIATES DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). We are not responsible for any damage to your vehicle if the damage occurs as a result of the prior condition of your vehicle, your negligence, or is caused by another customer’s actions. The driver of the vehicle is responsible for control of the vehicle. All damage claims must be made at the time of the incident.
3.3 Limitation of Liability: IN NO EVENT SHALL WASH ASSOCIATES, LLC, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (the “WASH ASSOCIATES PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY USER OF A MEMBERSHIP FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WASH ASSOCIATES PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE WASH ASSOCIATES PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE SIX MONTHS PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE MEMBERSHIP AND SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF MEMBERSHIP.
ARBITRATION AGREEMENT; WAIVERS OF TRIAL BY JURY AND CLASS ACTION
4.1 Arbitration Agreement: All disputes regarding this Agreement, including issues regarding its formation and the services (“Dispute”) shall be settled by final, binding, and mandatory arbitration on an individual basis before one arbitrator of the American Arbitration Association (“AAA”), or any similar arbitration association or entity agreed to by the parties, under the AAA Expedited Arbitration Rules and on written submissions only, unless good cause is shown or by agreement. AAA’s arbitration rules shall govern the proceeding. Attorneys’ fees and costs shall be borne by the individual parties, and reasonable attorneys’ fees and costs shall be awarded by the arbitrator to the prevailing party within 30 days of the issuance of any award. The issues of scope of the arbitration and unconscionability under state law are expressly reserved only to the arbitrator and not to a court. YOU UNDERSTAND THAT YOU ARE WAIVING A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT YOU HAVE INSTEAD CHOSEN AND AGREED TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. To the extent state law is applicable, the laws of the State of Tennessee shall apply without regard to conflict-of-laws provisions. As to any proceeding in court, you and Wash Associates both waive your right to a jury trial, unless such waiver is unenforceable.
4.2 Class Action Waiver: YOU AND WASH ASSOCIATES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wash Associates agree otherwise, the arbitrator may not consolidate one or more persons’ claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from arbitration and may be brought in court.