washu club

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  

WASHU LLC, its affiliates and subsidiaries, (collectively “WashU”, “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 WashU with respect to your Membership. WashU’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. 

onth. It is your responsibility to maintain a valid and sufficiently funded payment method for the duration of your membership.

WashU 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 WashU location may vary. A Membership allows unlimited services for the vehicle identified with the plan at any WashU location that provides such plan. Locations and plan details may be viewed at www.washucarwash.com/locations. 

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 WashU and your acceptance of these Terms and will automatically renew monthly until canceled by you or WashU. 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.  

1.2.1 Payment Processing  

If a payment is not successfully settled due to your Payment Method’s expiration, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged or debited a valid Payment Method. We have no responsibility or liability if your Payment Method is declined by your financial institution. When you purchase a Membership, your credit or debit card is transmitted directly to a third-party payment processor in accordance with applicable payment card industry data security standards.  For additional information, see our Privacy Notice. 

To update your Payment Method, visit any WashU location or call 312-547-1547. We may also update information on your Payment Method using information provided by the payment processors, such as the expiration date of your Payment Method. Following any update, you authorize us to continue to charge the applicable Payment Method for each Membership associated with that Payment Method. 

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.  

1.5 Communication 

We may send you information relating to your Membership (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to the email address you provided or via text messages to the mobile telephone number you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing. You must maintain either a valid email address or mobile telephone number associated with your Membership so that we may contact you. 

Cancellation:

2.1 Cancellation By You 

You may cancel your Membership at any time. All cancellations must be in writing and processed: (a) through our online web portal, www.washucarwash.com/fastpass-membership-management, (b) by emailing info@washucarwash.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 WashU 

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 WashU from identity theft or other fraudulent activity. WashU 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). WASHU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS. 

3.2 Damage Disclaimer 

WASHU 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.

WITHOUT LIMITING THE GENERALITY OF 3.3 BELOW, WASHU SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS: 

• Pre-existing damage and loose parts
• Damage related to pre-existing conditions (tears, scratches, dents, rust, etc.)
• Automated Windshield Wiper Systems and Rear Window Wipers
• Wiper Blades
• Loose Trim or Exterior Moldings 
• Exterior Mirrors
• Trailer Hitch Caps
• Insignias and Hood Ornaments
• Negligence (driving, steering, braking, etc.)
• Running Boards
• Aftermarket and non-factory parts and accessories 
• Antennas (please remove or retract)
• Unsecured personal items
• Racks (roof and rear)
• Windshields
• Magnetic Signage
• Alloy Chrome or Mag Wheels
• Headlights and Headlamps

3.3 Limitation of Liability 

IN NO EVENT SHALL WASHU, LLC, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (the “WASHU 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 WASHU PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE WASHU 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.  

3.4 Indemnification 

You will indemnify, defend, and hold harmless the WashU Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your misuse of the Membership, or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you. 

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 Illinois shall apply without regard to conflict-of-laws provisions.  As to any proceeding in court, you and WashU both waive your right to a jury trial, unless such waiver is unenforceable.  

4.2 Class Action Waiver 

YOU AND WASHU 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 WashU agree otherwise, the arbitrator may not consolidate one or more person’s 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. 

Miscellaneous:

5.1 Feedback 

WashU is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Membership In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. 

5.2 Assignment 

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms, including our Privacy Notice and the Website Terms of Service, are the entire agreement between you and WashU with respect to your Membership. WashU’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. These Terms inure to the benefit of the successors and assigns of WashU. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination Membership. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.