Terms of Service Agreement
This Terms of Service Agreement (the “Agreement”) is a legally binding contract between you (“Customer,” “you,” or “your”) and Wash This Ride, a company located at 700 Harvest Park Drive E-8, Brentwood, CA 94513, and its affiliates and subsidiaries (collectively, “Wash This Ride,” “we,” or “us”). This Agreement governs your use of the services (the “Services”) provided by Wash This Ride.
EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE ON THE DATE YOU CLICK THE ACCEPT BUTTON OR BY ACCESSING OR USING THE SERVICES (the “Effective Date”). BY CLICKING THE ACCEPT BUTTON OR BY USING THE SERVICES, YOU (A) CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY IT.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE USING ANY SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE ACCEPT BUTTON OR ACCESS/USE THE SERVICES.
ARBITRATION AND CLASS ACTION WAIVER: BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AND WAIVE ANY CLASS ACTION RIGHTS, AS DESCRIBED IN SECTION 9.3 BELOW (EXCEPT FOR CERTAIN SMALL CLAIMS).
1. General Terms
1.1 Services Provided: Wash This Ride offers car wash services to its customers (collectively, “Services”), which may include membership options (each a “membership”). Members may use their Wash This Ride account to manage the Services they receive (each an “account”). Accounts can be accessed through the phone at (925) 271-7065 or online through services provided by Wash This Ride.
1.2 Types of Services: The car wash services available at each Wash This Ride location may vary. Additional services, such as vacuum stations, hand towel drying, dashboard wipes, and other offerings, may be provided. However, Wash This Ride does not guarantee that additional services will always be available, nor that they will be the same across locations, or provided without extra charge.
1.3 Membership Plans: Wash This Ride offers various membership plans, including:
- Day Pass: A membership with a set end date, which does not automatically renew.
- Autopay: A membership that automatically renews monthly.
Some memberships may include specific conditions or limitations disclosed at sign-up. For Autopay memberships, services will continue automatically until terminated.
There are also “Flock” discount plans for multiple vehicles, available only for Autopay memberships. Each “Flock Pricing” plan is available for a maximum of five vehicles, and additional vehicles can be added or removed by following the procedures described in Section 5.2.
1.4 Agreement Compliance: By using the Services, you agree that (a) you have read and understood this Agreement, and (b) you are legally bound by its terms and conditions. You also agree to comply with all applicable laws and regulations.
1.5 Representations and Warranties: By using the Services, you represent that you (a) are 18 years or older; (b) are not restricted from using the Services or prohibited from creating an account; (c) are not a competitor using the Services for commercial purposes; (d) have full authority to enter into and perform this Agreement; and (e) will not violate any intellectual property rights of Wash This Ride.
1.6 Restrictions: You agree not to use the Services in any unlawful, fraudulent, or discriminatory manner, and acknowledge that services are for personal, non-commercial use only. The Services cannot be transferred between vehicles, and only compatible vehicles may use the car wash.
1.7 Account Security: You are responsible for maintaining the confidentiality of your account credentials (such as username, password, or license plate number) and agree to notify us if you suspect any unauthorized access to your account.
2. Violation; Termination
2.1 Violations: Wash This Ride reserves the right to investigate any violations of this Agreement or applicable laws and cooperate with law enforcement authorities as necessary.
2.2 Termination of Membership: Wash This Ride can terminate any membership at its sole discretion for breach of this Agreement, including failure to make payments.
2.3 Right to Refuse Service: Wash This Ride reserves the right to refuse service to any customer at any time.
3. Payment and Refunds
3.1 Fees: You agree to pay the fees outlined in the current fee schedule available on Wash This Ride’s website (https://www.washthisride.com/contactus/), which may be updated from time to time.
3.2 Payment Method: A valid credit or debit card is required to start the Services, unless you are paying for a Day Pass in cash at a location. By providing your payment details, you authorize Wash This Ride to charge fees associated with your services. You are responsible for ensuring your payment information is up to date.
3.3 Non-Refundable Payments: Payments made for the Services are non-refundable unless otherwise stated in this Agreement or a policy issued by Wash This Ride. Wash This Ride may, at its discretion, issue refunds under certain circumstances.
4. Modifications
4.1 Right to Modify: Wash This Ride may modify the Services, fees, and this Agreement at any time. Changes will take effect once posted on the website. You are responsible for reviewing the updated terms.
4.2 Service Modifications: Wash This Ride may temporarily or permanently modify or discontinue any part of the Services without liability.
4.3 Communication: Wash This Ride may notify you of changes to the terms or Services through email or other communication methods. You are responsible for maintaining accurate contact information.
5. Membership Changes and Cancellations
5.1 Membership Changes: You can upgrade or downgrade your membership, with any adjustments reflected in the next billing cycle.
5.2 Canceling Services: You may cancel your membership at any time by providing notice at least ten (10) days before your renewal date. Cancellation requests should be made via email to nicobrown@washthisride.com or by phone at (925) 271-7065. If you cancel within 45 days of your purchase, a $5.00 cancellation fee may apply.
5.3 Account Deactivation: Upon cancellation, your account will be deactivated, and you are responsible for saving any content associated with your account before cancellation.
6. Disclaimer of Warranties
6.1 Services Provided “As Is”: The Services are provided on an “as is” basis without any warranties. Wash This Ride does not guarantee the availability or operation of the Services at all times.
6.2 Risks of Use: You use the Services at your own risk and are solely responsible for any loss, claim, or damage that may arise from such use.
7. Limitation of Liability
Wash This Ride’s liability is limited to the amount paid by you for the Services in the most recent billing cycle, or $100, whichever is greater. Wash This Ride is not responsible for any indirect, special, or consequential damages.
8. Indemnification
You agree to indemnify Wash This Ride against any claims or damages resulting from your failure to comply with this Agreement or your misuse of the Services.
9. Miscellaneous
9.1 Privacy Policy: By using the Services, you agree to Wash This Ride’s Privacy Policy, which is available on the website.
9.2 Governing Law: This Agreement is governed by the laws of the State of California.
9.3 Arbitration: Any dispute between you and Wash This Ride will be resolved through binding arbitration, as set forth in the Agreement.
9.4 Severability: If any part of this Agreement is found to be unenforceable, the rest of the Agreement remains in effect.
9.5 Entire Agreement: This Agreement constitutes the entire understanding between you and Wash This Ride regarding the Services.
9.6 Equitable Remedies: Wash This Ride may seek equitable relief in case of a breach of this Agreement.
9.7 Assignment: Wash This Ride may assign this Agreement to a third party. You may not assign it without permission.
9.8 Waivers: A failure to enforce any part of this Agreement does not waive the right to enforce it later.
9.9 Headings: Section headings are for convenience and do not affect the interpretation of this Agreement.
9.10 Questions: For questions or more information, contact us at nicobrown@washthisride.com or by phone at (925) 271-7065.