Terms of Service
Blue Wash Express Car Wash (Lynwood)
Monthly Wash Club Terms of Service
Effective Date: February 16, 2024
By subscribing to Monthly Wash Club, you agree that the following terms and conditions (“Terms of Service”govern your Subscription (“Subscription”) to Monthly Wash Club (the “Program”) with Atlantic Express Car Wash, LLC, d/b/a Blue Wash Express Lynwood (“Blue Wash Express” or “we”). PLEASE NOTE THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE.
Basics
1. Monthly Wash Club provides members one wash per day, when facilities are open to the general public, for the car registered with your Subscription. Blue Wash Express reserves the right to close for observed holidays and facility/equipment maintenance as needed. Blue Wash Express also reserves the right to close as mandated by utilities or government authorities (for example, if electrical service is interrupted or there is a water emergency). Finally, Blue Wash Express reserves the right to close for weather that poses a risk to personnel or equipment. We do not give credit for these closures. The Program does not provide special access or priority.
2. Only the car you register is eligible for the Program.
Your registration is specific to one Blue Wash Express location, vehicle, and license plate. You must re-register if you (a) change vehicles and keep the same license plate or (b) change license plates on the same vehicle. The pricing may be updated if your vehicle type changes (see below). Subscriptions are not transferrable between people or Blue Wash Express locations.
You are responsible for keeping your membership and information current.
3. By subscribing, you consent to our ALPR Policy (http://bit.ly/LynwoodALPR) and the use of automated license-plate scanners to identify your car as enrolled in the Program.
4. Blue Wash Express reserves the right to revise, cancel, or amend the Program without prior notice. We will post the changes to the Program our website. You agree that we may alert you of changes via the mobile number (text or voice) or email address you provide at registration and that if those efforts fail, we have no further obligations to inform you. Updates to terms will not affect payments or events that occurred before the update.
Pricing (Personal and Commercial Vehicles)
5. Subscription Fees for privately owned vehicles in
personal use are
$19.99 per month for the
Bronze Wash,
$24.99 for the
Silver Wash, $34.99 per month for the
Gold Wash, or
$39.99 per month for the
Platinum Wash.
6. Platinum subscribers may also sign up for the
Family Plan promotion. If your household registers multiple cars (up to three additional vehicles), each additional car’s subscription fee is lowered by 10% (so the first car would be $39.99 and additional cars would be 10% less - $ 35.99 each).
- Please note that none of the additional vehicles can be commercial (see below).
- If you remove vehicles from the Family Plan and are down to one vehicle total, your Subscription will revert to the normal Platinum membership at the next billing cycle.
- To qualify, all vehicles must be registered under the same form of payment.
7. If we find out when you register for the Program (or later) that your vehicle is a
commercial vehicle, the pricing is
$49.99 monthly for the
Commercial Wash, with no Family Plan available. We consider the following vehicle types to be commercial, in addition to any that are subject to mandatory registration as “commercial” under the California Motor Vehicle Code:
- Displaying commercial license plates
- Having a GVR of over 11,499 pounds
- Bearing a DOT registration
- Used for ride-sharing services
- Used as taxis, limousines, hearses, ambulances, or buses
- Owned by car-sharing/rental car companies
- Having commercial markings (wraps, logos, numbers, decals, etc.)
- Being fleet vehicles
If, in our sole judgment, you attempt to hide that your vehicle is commercial, Blue Wash Express reserves the right to terminate (or re-price) your Subscription without the right of appeal. Blue Wash Express also reserves the right to remove any commercial vehicles from any Family Plan, which may cause you to lose discounts.
Billing
8. By enrolling, you agree to pay, every month, the price applicable to your chosen wash subscription level under these Terms of Service and the cardholder agreement for your credit or debit card. Billing does not depend on whether you actually use the services provided under the Subscription. Billing will continue until you terminate your Subscription under Section 10.
9. Each month, your Subscription is automatically renewed on the same day of the month that the Subscription commenced. Hence, if you sign up on February 10, the Program renews on the 10th day of every following month (the Renewal Day). Your Renewal Day may change if you signed up on a date that not every month has (for example, the 30th or 31st of a month) or that necessarily changes due to leap years (if you signed up on February 29 of a leap year). The period covered by each payment is a “subscription period.” Your Renewal Day is established the first time you sign up.
10. You can cancel your subscription by calling, emailing, or visiting the office five days before your Renewal Day. This may require identifying information such as your license plate number or last four digits of your credit card number. Cancellation will be effective at the end of the current subscription period. We do not give refunds or credits for cancellations. Any subscription upgrades will be charged (and operative) on the next billing cycle. If a subscription ends for some reason (intentional cancelation, expired payment method, etc.), reinstating it or adding a new payment method is retroactive to the most recent past Renewal Day. For example, if your Renewal Day is the 10th day of the month and you reinstate a lapsed subscription on March 20, your first payment will be retroactive to March 10, and your next payment will be due on April 10.
11. If your card issuer/bank denies payment, you agree that we may attempt to contact you using the contact information provided at registration. You can update expired or replaced cards at any time with management. Until we receive payment, we reserve the right to deny wash services.
12. You cannot use Monthly Wash Club with other discounts or promotions.
Limitation of Liability
13. Any issues or vehicle damage must be reported before leaving the premises. All regular Blue Wash Express damages disclaimers apply, including but not limited to:
- All antennas
- Bug shields
- Luggage racks
- Any loose vehicle molding or bumpers
- Wheel covers or caps
- Windshield cracks expansion
- Scratches to the vehicle
- Other pre-existing conditions
- Front or rear windshield wipers
- Any non factory installed items
- Side mirrors
- Vehicle emblems
- Previous paint defects
- Vehicles 7 years or older
- Any loose parts or paint blown off by water pressure or dryers
- Items left in open pickup beds
- Vehicles with unusually low ground clearance
- Collisions due to your braking or driving in the tunnel
14. We may discontinue your Subscription (or adjust the pricing to the correct tier) if we find you have violated the terms or conditions or attempted or used the Subscription in any way that violates the law. Our action is at our sole discretion.
15. MONTHLY WASH SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
16. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE WASH EXPRESS, OR ANY OF ITS OWNERS, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (INDIVIDUALLY, JOINTLY, OR SEVERALLY) TO YOU FOR PERSONAL INJURY. NOR WILL ANY OF THE FOREGOING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF WHETHER THOSE DAMAGES WERE FORESEEABLE OR WHETHER THE FOREGOING WERE ADVISED THEY WERE POSSIBLE. IN ADDITION, OUR LIABILITY TO YOU OR ANY THIRD PARTY (UNDER ANY THEORY OF LIABILITY) SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU DURING THE ONE MONTH PRECEDING THE DATE YOUR CLAIM AROSE.
17. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BLUE WASH EXPRESS AND ITS RELATED COMPANIES AND PERSONS IDENTIFIED IN SECTION 16 HARMLESS FROM ANY LOSSES, CLAIMS, LIABILITIES, COMPLAINTS, ACTIONS, DEMANDS, JUDGMENTS, SETTLEMENTS, FEES, FINES, PENALTIES, AND EXPENSES OF ANY KIND (INCLUDING ANY ATTORNEYS FEES) THAT ARISE OUT OF OR ARE CONNECTED TO YOUR BREACH OF THESE TERMS OF SERVICE OR YOUR MISUSE OF THE PROGRAM.
Agreement to Arbitrate; Class Action Waiver
18. Any dispute, claim, or controversy of any nature arising out of or relating to your account, your monthly subscription, the services, these Terms of Service, or the Agreement to Arbitrate (defined as Sections 18-26 here), including without limitation the interpretation, validity, scope, or applicability of these Terms of Service or the Agreement to Arbitrate (a “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below. The Agreement to Arbitrate applies to you and Blue Wash Express and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns.
19. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
20. If there is a dispute that is within the jurisdictional limit of a small claims court, you or we may file them in small claims court, so long as the disputes remain in such small claims court (i.e., are not removed or appealed) and advance only an individual (non-class, non-representative) claim for relief.
21. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants is a limitation on or waiver of a party’s right to seek injunctive relief, where warranted, in arbitration. Where there is actual, alleged, or threatened violation of confidentiality or violation of intellectual property or other proprietary rights, we may immediately file a case in a court of competent jurisdiction to seek immediate injunctive relief. You agree that we need not post a bond, proof of damages, or other similar security or documentation. Seeking injunctive relief shall not waive the right or obligation of any party to submit a claim for damages to arbitration.
22. Arbitration proceedings shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The arbitrator may not award punitive, exemplary, or other damages not measured by actual economic losses. The parties shall each be responsible for a proportionate share of arbitration fees, and each side shall bear its own attorneys fees. All arbitration proceedings, as well as all actions taken by arbitrators, shall be regarded as confidential, except as agreed by the parties or to the extent necessary to confirm an award.
23. The place of arbitration shall be in Los Angeles County, California, unless all parties agree to another location. The parties acknowledge that this Agreement to Arbitrate is a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), as it exists now and may be amended, shall govern the interpretation, enforcement, and proceedings pursuant to this Agreement to Arbitrate. To the extent state law is applicable, the laws of the State of California shall apply without regard to conflict-of-law’s provisions.
24. ARBITRATION MUST BE INITIATED WITHIN ONE (1) YEAR OF WHEN A PARTY DISCOVERS OR SHOULD HAVE DISCOVERED A DISPUTE.
25. THE PARTIES 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 all parties agree otherwise, the arbitrator may not consolidate the claims or one or more individuals or entities 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 sections limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
26. To initiate a claim, you must first send written notice to us at Atlantic Express Car Wash, LLC, Attn Legal, PO Box 24949, Los Angeles, CA 90024. If we intend to initiate a claim, we will contact you at the email, billing address, or mobile number we have on file for you. The notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the notice, either party may initiate arbitration proceedings using the form available at https://www.adr.org/. For Disputes asserted by you of $50,000 (US Dollars) or less, you agree to pay the filing fee specified in the rules of the AAA; we will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For Disputes by you over $50,000 (US Dollars), you will be responsible for the Arbitration Fees. For Disputes we assert, we pay Arbitration Fees. The parties agree that the prevailing party may recover Arbitration Fees as costs unless otherwise ruled by the arbitrator.
Governing Law, Forum, and Waiver of Jury Trial
27. Except as set forth in the Agreement to Arbitrate above, all matters relating to these Terms, your Account, or your Monthly Wash Club membership shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of California without regard to choice-of-law principles. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
28. Unless the parties agree otherwise, if it is determined that these Terms of Service exempt a claim from arbitration, you agree that any claim or dispute (with the exception of a claim or dispute within the jurisdiction of a small claims court) shall be resolved in the United States District Court for the Central District of California, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Central District any such action shall be the courts of the State of California located in Los Angeles County, and you submit to the personal jurisdiction of that court. For any proceeding brought in a court of law, the parties each waive their right to a jury trial, unless such waiver is unenforceable.
29. The choice-of-law and forum-selection provisions in this section do not apply to the Agreement to Arbitrate or to any arbitrable disputes as provided by the Agreement to Arbitrate section. Instead, as provided in the Agreement to Arbitrate section, the FAA shall apply to any such disputes.
Other Provisions
30. We may transfer the rights of Blue Wash Express under these Terms of Service to another party without prior notice.
31. If any part of these Terms of Service is deemed invalid under the law, all remaining provisions will remain in force.
32. Sections 8 and 13-31 shall survive termination of your Subscription.
For questions or concerns, please contact us:
info@bluewashexpress.com
(424) 282-1499
