Hang 10 Car Wash
Purchase & Membership Terms and Conditions
Last Updated: June 26, 2025
THESE PURCHASE & MEMBERSHIP TERMS AND CONDITIONS ("TERMS") CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ THEM CAREFULLY. Among other things, these Terms contain an arbitration agreement, class action waiver, and jury trial waiver. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND WAIVE ANY RIGHT TO A JURY TRIAL TO RESOLVE ANY AND ALL DISPUTES.
YOU MAY NOT PURCHASE GOODS OR SERVICES FROM ANY SALES CHANNEL IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THE SALES CHANNEL OR ANY OF THE GOODS OR SERVICES BY US (as defined below) OR BY APPLICABLE LAW.
Application
These Terms apply to the purchase and sale of goods and services, including car wash services purchased on a one-time basis or through Membership Plans, through the Hang 10 Car Wash website (www.Hang10CarWash.com) (the "Website"), through a digital account which may be available through the Website or through a mobile application (your "Account"), any in-store or kiosk-based point of sale ("POS"), or any other means through which goods and services, including car wash services purchased on a one-time basis or through Membership Plans (collectively, the "Sales Channels"). These Sales Channels may be owned and operated or provided by H10CW Franchise, LLC, a Delaware limited liability company ("H10CW") or any licensee or franchisee of H10CW, or Parent thereof ("Franchisee," and together with H10CW "Hang 10 Car Wash," "we," or "us"). "Parent" means, with respect to any person or entity, any other entity that directly or indirectly controls, owns, is controlled by, or is under common control or ownership with such person or entity. You should review these Terms prior to purchasing any goods or services that are available through the Sales Channels. While these Terms and the Additional Agreements (defined below) apply to any goods and services purchased from any Sales Channel, H10CW is not responsible for any actions or omissions of its Franchisees as they are independently owned and operated. Franchisees may have additional terms and conditions that apply. As used in these Terms, "goods and services" means the car wash goods or services provided by Hang 10 Car Wash, whether through a single purchase transaction or a Membership Plan
BY PROVIDING HANG 10 CAR WASH A PAYMENT METHOD (AS DESCRIBED BELOW) OR PURCHASING OR OTHERWISE UTILIZING ANY GOODS OR SERVICES FROM HANG 10 CAR WASH, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE ADDITIONAL AGREEMENTS AND ACCEPT THESE TERMS AND THE ADDITIONAL AGREEMENTS. If you do not agree with these Terms, do not provide a Payment Method to Hang 10 Car Wash, do not purchase or otherwise utilize any goods or services from Hang 10 Car Wash, and close your Account and cancel your Membership Plan (if applicable).
Additional Agreements
Use of the Sales Channels (including the Website and mobile application) is also subject to the Hang 10 Car Wash Privacy Policy (available at www.Hang10Car Wash.com/privacy-policy) (the "Privacy Policy"). If you purchase goods or services from Hang 10 Car Wash or otherwise access the Sales Channels, you will be required to submit certain personally identifiable information. The collection, use, disclosure, and other processing of your personally identifiable information is subject to the Privacy Policy. The Privacy Policy is hereby incorporated herein by reference. Franchisees may have additional terms of use or privacy policies that apply—please refer to the posted terms and policies of the relevant Franchisee for additional information.
Account Terms
You may purchase goods and services through your Account. You can create an Account by visiting the Website. The person who has access and control over the Account will be responsible for any activity that occurs through the Account and for updating and maintaining the accuracy of the information in the Account. You must be at least eighteen (18) years of age to create an Account or purchase a Membership Plan. Individuals under the age of eighteen (18) must use the Account of their parent or legal guardian. If you submit the personal information of any person other than yourself when setting up an Account, you represent and warrant that you have that person's consent to provide us with that information.
When you set up an Account, you can add, update, or delete a Payment Method to your Account and provide vehicle information. We may also update information on your Payment Method in your Account using information provided by our payment processors (for example, the expiration date of your card). Following any such update, you authorize us to continue to charge the applicable Payment Method you have provided in your Account for future purchases.
You may close your Account at any time. If you close your Account, you may lose access to any future goods or services. Closure of your Account does not terminate your Membership Plan, and you will continue to be billed monthly until you also cancel your Membership Plan (see below).
You agree not to misuse your Account or Membership Plan by conduct which is detrimental to Hang 10 Car Wash, including, without limitation, creating multiple Accounts, participating in purchasing or redemption fraud, or using any robot, spider, other automatic device, or manual process to transact with or monitor the Account or Membership Plan. In addition to any other legal or equitable remedy available to Hang 10 Car Wash under applicable law, Hang 10 Car Wash reserves the right at any time to limit Account and Membership Plan enrollment or participation and may terminate, void, or cancel an Account and/or Membership Plan (or any part thereof) in the event that any virus, bug, unauthorized human intervention, or other cause beyond the control of Hang 10 Car Wash corrupts or impairs the security or functionality of the Account, Membership Plan, or Hang 10 Car Wash – including, but not limited to, any attempt by any person to hack into or otherwise tamper with the underlying source code/programming of any part of the Website, Account, or other Sales Channel.
You agree to use the Website, the Application, and your Account in accordance with all applicable laws, rules, and regulations. We may terminate your Account if you violate any applicable laws, rules, or regulations, or any provision of these Terms. To the maximum extent permitted by applicable law, Hang 10 Car Wash may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account and your use of the Website and Application, without notice or liability. If we do so, you may not create another Account without our prior written permission. We may also suspend or terminate your Account as necessary to protect you or Hang 10 Car Wash from identity theft, fraud, or other illegal activity. Except as required by applicable law, Hang 10 Car Wash is not liable to you for any such refusal, suspension, deactivation, or termination of your Account.
If your computer, mobile device, email account, or phone number that is linked to your Account is lost, stolen, or hacked – or if your email or text messaging is compromised – you acknowledge that we are not responsible for any third-party access to or use of your Account, or any charges to any Payment Methods stored in your Account, arising from such events.
Purchase of Goods and Services; Membership Plans
Hang 10 Car Wash makes certain goods and services available at participating Hang 10 Car Wash locations ("Locations") for purchase through the Sales Channels. You may purchase available goods and services through single purchase transactions or as otherwise available through your Hang 10 Car Wash Account or a Hang 10 Car Wash Membership Plan (see below). Goods and services are subject to availability and may be available only at participating Locations — you should confirm with a Location that they offer the goods or services you request. All Membership Plans offered by Hang 10 Car Wash are for your personal, non-commercial vehicle use only. Commercial vehicles, including ride-sharing vehicles, taxis, and limousines, are not eligible for Membership Plans. For business/commercial purchases, please contact us.
Some Locations may not support online purchasing of certain goods or services, and images or descriptions on the Website or Application may not exactly reflect the goods or services available at each Location. Any goods or services purchased through the Website or Application will be provided by the Location you select at the time of purchase; that Location is solely responsible for fulfilling your order and handling any questions or issues regarding your purchase. Discounts, coupons, or other promotional offers may not be combinable with online purchases – please review the terms and eligibility of any offer before completing an online purchase.
Membership Plans
Hang 10 Car Wash currently offers two membership plans ("Membership Plans"). Each plan provides a specific level of car wash services for one identified vehicle at participating Locations, and is billed as a monthly recurring fee. The available Membership Plans are:
• Lil' Kahuna Membership Plan: Allows for unlimited Lil' Kahuna washes (standard wash, dry, and vacuum) and free premium towel usage, valid at the single Location of purchase only.
• Big Kahuna Membership Plan: Allows for unlimited Big Kahuna washes (premium wash, dry, and vacuum), six (6) Big Kahuna washes to gift to family and friends, free premium towel usage, and unlimited Shaka dog washes. The Big Kahuna plan is valid at any participating Location (with reciprocity to your Location of purchase – visit www.Hang10Car Wash.com for a list of Locations and confirm with your desired Location(s) whether they accept your Big Kahuna Membership Plan).
The monthly recurring fee depends on the Membership Plan purchased for each vehicle. One vehicle per Membership Plan. Hang 10 Car Wash reserves the right to change our Membership Plans (including services offered and fees) in any manner and at any time in our sole discretion; provided, however, that any material changes to Membership Plans or any increase to membership fees will take effect thirty (30) days after notice to you. You may upgrade, downgrade, or cancel (see below) your Membership Plan at any time, but no refunds or credits will be provided as a result of any such modification or cancellation.
Hang 10 Car Wash may utilize radio frequency identification (RFID) stickers or license plate recognition technology to identify your vehicle, and you expressly consent to such usage by accepting any goods and services. Hang 10 Car Wash may affix an RFID sticker with your Membership Plan number to your vehicle's front windshield upon purchase or redemption of your Membership Plan. The RFID sticker must remain affixed to the vehicle's windshield each time services are obtained. You agree not to tamper with, copy, transfer, or share a vehicle's RFID sticker. The Membership Plan number and the RFID sticker remain the property of Hang 10 Car Wash. If license plate readers are used by Hang 10 Car Wash, you agree to keep your license plate clean, clear, and unobstructed (and to update Hang 10 Car Wash if your license plate number or the associated vehicle changes). Hang 10 Car Wash reserves the right to terminate your Membership Plan if you engage in any improper activity related to an RFID sticker or license plate, including swapping, removing, or transferring RFID stickers or license plates between vehicles.
Use of Website, App, and Membership Features
The Website and Application are intended solely to:
1. Provide information, materials, and data (the "Information") regarding Hang 10 Car Wash and its business, products, and services;
2. Facilitate your registration for, access to, and use of Hang 10 Car Wash's Shaka Club Membership Program (the "Membership Program"); and
3. Enable you to purchase goods and services offered by Hang 10 Car Wash ("Hang 10 Car Wash Services").
Click-Through Agreements
Before using certain areas of the Website or Application (including during the process of registering your Account), you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept," "I Agree," "Okay," "I Consent," or other words or actions that acknowledge your consent or acceptance of a click-through agreement. To the extent there is a conflict between these Terms and any such click-through agreement, the click-through agreement will govern with respect to your use of the specific service or portion of the Website/Application to which it applies.
Website Access
No person under the age of eighteen (18) is authorized to access or use the Website or Application. User access to, and use of, the Website and Application is subject to all applicable laws and regulations. Use of the Website and Application is void where prohibited. By using the Website and Application, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by these Terms.
Hang 10 Car Wash grants you a limited, non-transferable right to access and use the Website and Application for non-commercial, informational purposes only. This limited right of access does not include any resale or commercial use of the Website, Application, or their contents; any derivative use of the Website, Application, or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hang 10 Car Wash or any of our affiliates, subsidiaries, or franchisees without our prior express written consent.
We make no guarantees regarding the availability of the Website or Application. Furthermore, to the extent permissible by law, we reserve the right, in our sole discretion, to discontinue the Website and/or Application at any time. You agree that we will not be liable to you for any such discontinuance or any modification of the Website and/or Application. Any rights not expressly granted by these Terms are reserved by Hang 10 Car Wash.
You are under no obligation to use or continue to use the Website or Application and may temporarily or permanently cease using the Website or Application at any time without notice to Hang 10 Car Wash. Any use of the Website, Application, or any portion thereof in violation of the foregoing terms shall constitute a breach of these Terms and may result in, among other things, termination or suspension of your Account and/or your right to use the Website or Application.
Software & App Use
For purposes of these Terms, the term "Application" consists of: (i) the Hang 10 Car Wash software application(s), together with any software code, scripts, interfaces, graphics, displays, text, documentation, and other components of the application; and (ii) any updates, modifications, or enhancements to such software. You acknowledge that Hang 10 Car Wash may, from time to time, issue upgraded versions of the Application and may automatically electronically upgrade the version of the Application that you are using to the latest version.
Restrictions on Use
All content accessible via the Website and Application, and any materials made available for downloading (if any), are the property of Hang 10 Car Wash and/or its affiliates, subsidiaries, franchisees, or other third parties. The Website and Application – and all portions thereof – are protected by copyright, trademark, and other intellectual property laws. This Agreement does not grant you any license to modify or alter the materials on the Website or Application that are viewed, downloaded, or otherwise accessed by you. You must keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Website or Application.
To the extent applicable, when accessing the Website or Application, you are required to use the security procedures currently or hereafter maintained by Hang 10 Car Wash to confirm that only authorized users have access to certain information provided at, or contained in, the Website or Application. You are prohibited from utilizing false identities or other disguised identities to gain unauthorized access to the Website or Application. All forms of indirect and "spoofed" access are strictly prohibited.
Do not submit, post, or transmit via the Website or Application any information that is proprietary or confidential to any third party (whether protected by law or by contract) or that you do not have the legal right to use. Any information, content, or other material – including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas, or user reviews – which you send to us will be treated as non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure through such submissions.
Your general use of the Hang 10 Car Wash Website or Application is subject to the Additional Agreements (specifically, our Privacy Policy).
Third-Party Websites
The Website may be accessible via, or may contain links to, websites and other technology infrastructure that are not maintained or controlled by Hang 10 Car Wash. Hang 10 Car Wash is not responsible for any such third-party websites or technology outside of its control, or for any third party's access, use, or storage of any personally identifying information about you. Please refer to our Privacy Policy for additional information on how we collect, use, and protect personal information.
Prices; Payment
Prices
All prices published through the various Sales Channels are subject to change without notice; provided, however, that if you have subscribed to a Membership Plan, price changes will take effect only after thirty (30) days' notice to you. Hang 10 Car Wash may also change the service levels for any goods or services in our sole discretion. You agree to pay the price published at the time of your purchase. Prices may vary across different Locations and/or Sales Channels. All purchases are final and nonrefundable except as otherwise expressly indicated in these Terms. Paid Membership Plan fees are nonrefundable, and there are no refunds or credits for partially used Membership Plan periods. Any refund, discount, or other consideration provided to some or all members will be at our sole and absolute discretion, in accordance with applicable law.
All goods and services are subject to applicable taxes and fees. Your Membership Plan may be subject to taxes, which will be calculated at the rate applicable to the Location either where the Membership Plan was purchased, where it is redeemed, or where it is consistently being used.
Discounted Introductory or Promotional Offers
If a discounted introductory or promotional offer period is available under a Membership Plan you purchase, then it will be specified at the time of purchase. Any introductory or promotional offer period is intended to allow new (and certain former) customers to try the services at a reduced rate. As a result, the availability, duration, and any other terms for an introductory or promotional offer period may vary as determined by Hang 10 Car Wash in our sole discretion. At the expiration of any discounted introductory or promotional offer period, Hang 10 Car Wash will charge the then-current regular price for your chosen Membership Plan on your next billing cycle to your Payment Method, and your Membership Plan will automatically renew at that then-current regular price unless you cancel your Membership Plan prior to the end of the introductory or promotional offer period (see below for cancellation terms). In the event that Hang 10 Car Wash determines you are not eligible for an introductory or promotional offer, we reserve the right to revoke any discounted offer period and charge you the then-current regular price for the Membership Plan you selected and/or put your Membership Plan on hold or inactive status.
Payment Methods
The price of any purchased Hang 10 Car Wash goods and services, together with any other charges, fees, and taxes you incur in connection with a purchase, will be charged to you through your Hang 10 Car Wash Account or your designated Payment Method and, with respect to a Membership Plan, will be charged every month until canceled (see below). See the Sales Channels for current pricing on goods and services, including any monthly recurring charges for Membership Plans. To purchase Hang 10 Car Wash goods or services through any Sales Channel or your Hang 10 Car Wash Account, you must provide a current, valid, accepted debit or credit card (as may be updated from time to time) as your payment method ("Payment Method"). You authorize us to charge or debit your designated Payment Method for any purchased goods and services. You are responsible for entering valid payment information into your Hang 10 Car Wash Account or at the point of sale via the Sales Channels. If any payment card data that you submit is incorrect or invalid, your purchase will not be processed. You are solely responsible for any fees or surcharges associated with your Payment Method. Hang 10 Car Wash is not responsible for any such costs or charges, or for any payment failure associated with your card. For some Payment Methods, the issuer may charge you additional fees; check with your Payment Method provider for details. Hang 10 Car Wash is also not responsible or liable if your Payment Method is declined by your financial institution. You can add, update, or delete any Payment Method stored in your Hang 10 Car Wash Account at any time. You agree that Hang 10 Car Wash is authorized to update payment information in your Hang 10 Car Wash Account using information provided by a third-party payment processor, and you understand that your credit or debit card information is transmitted directly to a third-party payment processor in accordance with applicable Payment Card Industry Data Security Standards.
Membership Plan
You can purchase a Membership Plan through any Sales Channel. The person purchasing a Membership Plan must have the authority to charge the Payment Method used for that Membership Plan and must have access to and control over the vehicle associated with the Membership Plan. That person is responsible for any activity that results in charges or debits to the Payment Method for that Membership Plan and for updating and maintaining the accuracy of the information associated with the Membership Plan. You must be at least eighteen (18) years of age to purchase a Membership Plan, and individuals under the age of eighteen (18) must use the Membership Plan of their parent or legal guardian.
Payment Authorization
To purchase a Membership Plan, you must provide a Payment Method. If you purchase a Membership Plan for a vehicle, the plan will begin when you provide a current, valid, accepted debit or credit card to Hang 10 Car Wash and accept these Terms. UPON PURCHASE OF A MEMBERSHIP PLAN, YOUR FIRST MONTH WILL BE CHARGED OR DEBITED IMMEDIATELY TO YOUR PAYMENT METHOD. YOUR MEMBERSHIP PLAN WILL AUTOMATICALLY RENEW MONTHLY, AND YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED OR DEBITED ON A RECURRING MONTHLY BASIS UNTIL CANCELED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS.
YOU AUTHORIZE US TO CHARGE OR DEBIT YOUR CURRENT PAYMENT METHOD FOR YOUR MEMBERSHIP PLAN FEES, WHICH WILL BE AUTOMATICALLY CHARGED OR DEBITED ON A RECURRING MONTHLY BASIS. If a payment is not successfully settled due to expiration, insufficient funds, or other error, and you do not cancel your Membership Plan, we may suspend your access to the service until we have successfully charged a valid Payment Method. We may also attempt to resubmit the charge to your Payment Method on a later date. If your Membership Plan is suspended due to issues with your Payment Method, you may receive an email or text communication from Hang 10 Car Wash notifying you of the issue.
The recurring fee for the Membership Plan you purchase, and any other charges you incur in connection with your Membership Plan (such as taxes or transaction fees), will be charged or debited monthly to your Payment Method on the day of the month on which you signed up for the Membership Plan. Fees are fully earned upon payment. In some cases, your billing date may change, for example if your Payment Method was not successfully charged, if your account was temporarily suspended, or if you purchased your Membership Plan on a day not contained in a given month (e.g., the 31st). Charges or debits will appear on your Payment Method statement as coming from Hang 10 Car Wash Car Wash and may include your Membership Plan number or other identifying information.
In addition to the monthly recurring charge for your Membership Plan, you authorize Hang 10 Car Wash to charge your Payment Method for any incidental or additional one-time purchases (e.g., wash upgrades or other non-recurring transactions) ("Additional Purchases") made on the Website, through your Account, or at any Location. You authorize Hang 10 Car Wash to charge the Payment Method for any such Additional Purchases that are made by you or authorized by you. The price charged for any Additional Purchase will be the price displayed or communicated at the time of purchase and will not be eligible for post-transaction discounts. Refunds for Additional Purchases will be handled in the same manner, and subject to the same limitations, as Membership Plan fees, except as otherwise required by applicable law.
Affirmative Consent Requirement
To comply with federal regulations governing negative option features, including recurring billing arrangements, Hang 10 Car Wash requires a separate, unambiguous acknowledgment of your consent to be charged on a recurring basis. By enrolling in a Membership Plan, you must affirmatively agree—via a standalone checkbox, click-through, or comparable method—to be charged the applicable recurring monthly fee using your selected Payment Method. This affirmative consent is obtained separately from your acceptance of these Terms and any other agreements and will be presented adjacent to the price, billing frequency, cancellation terms, and other material terms related to your Membership Plan. If you do not provide this affirmative consent, your enrollment will not be processed.
Consent Logging & Records
Hang 10 Car Wash maintains records of your affirmative consent to recurring billing for a period of not less than three (3) years from the date of consent or the duration of your Membership Plan, whichever is longer. These records include the date and method of consent, the payment method provided, and the material terms presented at the time of enrollment. This information may be used to verify compliance with federal consumer protection rules and will be stored in accordance with our Privacy Policy and applicable data security standards.
Cancellation by You of Membership Plan
YOU MUST CANCEL YOUR MEMBERSHIP PLAN AT LEAST THREE (3) DAYS BEFORE IT RENEWS IN ORDER TO AVOID AUTOMATIC BILLING TO YOUR PAYMENT METHOD FOR THE APPLICABLE MONTHLY MEMBERSHIP FEE FOR THE NEXT MONTHLY BILLING CYCLE. Upon proper CANCELLATION of your Membership Plan, the Membership Plan will remain active until the end of its current billing period and the vehicle identified with the canceled Membership Plan will continue to have access to the goods and services provided in the Membership Plan through the end of its current billing period, and no refunds or credits for partially used Membership Plan periods will be provided. To cancel your Membership Plan, visit the Website or visit or call any Location. To cancel via phone, you may be asked to provide identifying information, including your name, last four digits of your Payment Method, or phone number.
Hang 10 Car Wash's cancellation process is designed to be as straightforward as the enrollment process. You will not be required to use a cancellation method that is more burdensome than the method you used to sign up. For example, if you enrolled online (through our Website or app), you can cancel online through the same Website or your Account without needing to call or visit a Location. If you enrolled in person at a Hang 10 Car Wash Location, you may cancel in person or via any of the other methods listed above. Hang 10 Car Wash will confirm your cancellation via email or through the same medium used for cancellation, for your records.
Once deleted, you cannot reactivate your Membership Plan, and instead, you may sign up for our then-current Membership Plans through a Sales Channel, the car wash service levels and membership fees of which may differ from your canceled Membership Plan. Likewise, deleting or deactivating your Account will not stop your Membership Plan or any recurring charges associated with it. To fully cancel, you must follow the cancellation steps outlined above.
Interruption in Goods and Services
The goods and services offered at each Location may vary and may be affected by a variety of factors, including inclement weather, maintenance or repair, upgrades, holidays, technical or mechanical failure, payment processing failures, governmental order, or other force majeure (collectively, a "Force Majeure Event"). Membership Plans continue to remain in effect, and will continue to renew as provided in these Terms, regardless of any temporary or permanent Force Majeure Event until you cancel your Membership Plan as provided in these Terms, and no credit or refund will be provided regardless of the cause or duration of such Force Majeure Event. All goods and services are offered on a first-come, first-served basis. Hang 10 Car Wash reserves the right to terminate any Membership Plan in the event a Location closes or is otherwise unable to fulfill the goods and services subscribed for in a Membership Plan for any reason. If Hang 10 Car Wash terminates your Membership Plan due to a permanent Location closure or similar inability to provide services, we will provide you with notice of such termination (including the effective date) and will cease further billing for that Membership Plan.
Lost, Stolen, or Hacked Account; Third-Party Websites
If your computer, laptop, mobile telephone, or other device containing access to your Account is lost, stolen, or hacked, or your email or SMS texting application is compromised, you acknowledge that we are not responsible for third-party access to or use of your Account or to any Payment Methods you may have stored in the Account.
The Website may be accessed by websites and other technology infrastructure not maintained or controlled by Hang 10 Car Wash. Hang 10 Car Wash is not responsible for any such third-party websites or technology outside of its control, or for any third party's access, use, or storage of any personally identifying information of yours. (See Terms of Use and Privacy Policy.)
Loss of Vehicle
If a vehicle identified with your Membership Plan is destroyed or sold, your Payment Method will continue to be charged until you deactivate your Account and cancel your Membership Plan. Please remove any RFID sticker from your vehicle before selling to avoid any confusion, and contact Hang 10 Car Wash to notify us of any change in license plate numbers.
If a vehicle identified with your Membership Plan is lost or stolen, your Payment Method will continue to be charged until you deactivate your Account and cancel your Membership Plan; if you fail to do so, others may access the car wash service through your Membership Plan and may be able to access certain Membership Plan information. To deactivate, visit the Website or visit or call any Location.
If your vehicle's license plate number changes for any reason, contact any Location to update your vehicle information related to your Membership Plan.
To activate a new Membership Plan for a new vehicle, you may sign up for our then-current Membership Plans through a Sales Channel, the car wash service levels and membership fees of which may differ from your previous Membership Plan.
Disclaimers of Warranties and Limitations on Liability
THE SALES CHANNELS, AND ALL GOODS AND SERVICES PROVIDED BY HANG 10 CAR WASH (WHETHER THROUGH A SINGLE PURCHASE TRANSACTION OR A MEMBERSHIP PLAN), ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) TO THE FULLEST EXTENT PERMITTED BY LAW. HANG 10 CAR WASH MAKES NO REPRESENTATION OR WARRANTY THAT THE SALES CHANNELS OR THAT ANY GOODS OR SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION.
IN NO EVENT WILL HANG 10 CAR WASH OR ITS AFFILIATES, SUBSIDIARIES, OR FRANCHISEES, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY, "HANG 10 CAR WASH PARTIES") BE LIABLE FOR DAMAGES TO YOUR PERSON OR PROPERTY (INCLUDING, WITHOUT LIMITATION, YOUR VEHICLE) ARISING FROM OR RELATED TO YOUR PURCHASE, USE, OR MISUSE OF ANY GOODS OR SERVICES, OR YOUR PRESENCE ON ANY HANG 10 CAR WASH PREMISES. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCEPTANCE AND USE OF ANY GOODS OR SERVICES ARE AT YOUR SOLE RISK. THE HANG 10 CAR WASH PARTIES DO NOT REPRESENT OR WARRANT THAT ANY GOODS OR SERVICES ARE SUITABLE FOR YOUR VEHICLE.
Vehicle-Specific Disclaimers
WITHOUT LIMITING ANYTHING IN THESE TERMS, THE HANG 10 CAR WASH PARTIES SPECIFICALLY DISCLAIM LIABILITY FOR DAMAGE TO YOUR VEHICLE WITH RESPECT TO THE FOLLOWING ITEMS:
• Pre-existing damage and loose parts
• Negligence (e.g., driving, steering, braking, or failing to follow directions)
• Windshields and wipers
• Antennas (please remove or retract)
• Racks (roof and rear)
• Electric running boards in a lowered position
• Aftermarket and non-factory parts
• Paint protection film, vehicle wraps, and window tints
• Unsecured personal items
Premises Liability and Personal Injury
Except to the extent prohibited by applicable law, the Hang 10 Car Wash Parties will not be liable for personal injuries (including, but not limited to, slip-and-fall incidents, cuts, bruises, or other bodily harm) sustained by you or any third party arising out of or related to (i) your presence on the premises or (ii) your use or misuse of any goods or services. You expressly assume all risks associated with using our premises, including, but not limited to, wet floors, moving equipment, or any other condition that may cause personal injury.
You acknowledge that car wash tunnels, parking lots, walkways, and other areas of the premises may be wet, slippery, or otherwise present hazards. By entering the premises, you agree to exercise reasonable care, follow all posted signs and warnings, and comply with any instructions provided by Hang 10 Car Wash or its employees. To the fullest extent permitted by law, you assume full responsibility for any loss, injury, or damage to yourself or your property while on the premises.
You are responsible for wearing appropriate footwear and taking any other necessary precautions to protect yourself and any passengers, children, or pets who accompany you. You agree not to engage in reckless or dangerous behavior and to abide by all safety instructions and signage.
Hang 10 Car Wash is not responsible for the acts or omissions of third parties, including other customers or visitors, that may result in injury or damage on the premises. Any disputes between you and a third party must be resolved between the respective parties without involving Hang 10 Car Wash.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ANY HANG 10 CAR WASH PARTY BE LIABLE (WHETHER JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ANY HANG 10 CAR WASH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE HANG 10 CAR WASH PARTIES' AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HANG 10 CAR WASH FOR THE GOODS OR SERVICES GIVING RISE TO THE CLAIM, OR THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE (1) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELLATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You are responsible for the safe operation of your vehicle in accordance with all applicable laws, rules, and regulations, and for following all verbal or written instructions while on the premises of any Location. You acknowledge that you are responsible for any damage or injury caused to the car wash tunnel or equipment, Hang 10 Car Wash's employees, and other customers or their vehicles because of your failure to follow instructions. You agree to follow all verbal or written instructions while on the premises of any Hang 10 Car Wash location, including directions from employees concerning the loading and unloading of your vehicle in the car wash tunnel.
Indemnification
You agree to indemnify, defend, and hold harmless each of the Hang 10 Car Wash 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 use or misuse of any Hang 10 Car Wash goods or services, the Account, or Membership Plan; (b) your breach of these Terms; or (c) your violation of any applicable laws, rules, or regulations. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Compliance with Laws
You agree to use the Website and your Account in accordance with all applicable laws, rules, and regulations, as well as these Terms and the Additional Agreements. We may delete your Account, terminate your Membership Plan, or otherwise prohibit you from accessing our goods and services if you violate these Terms or Additional Agreements, or if you engage in any illegal or fraudulent use of your Membership Plan, Account, or the Website.
Communication Preferences
We will send you information and notices relating to your purchases (e.g., bar codes, payment authorizations, invoices, changes in Payment Method, changes in pricing, confirmation messages, and notices) in electronic form only—for example, via email to the email address you provided, via text message to the mobile telephone number you provided, via push notifications, or otherwise on the Website or in your Account (or in printed form at a Location). You agree that any notices, agreements, disclosures, or other communications that we send to you via the foregoing methods will satisfy any legal communication requirements, including any requirement that such communications be in writing. You must maintain a valid email address or mobile telephone number associated with your Account so that we may contact you. To add or update the email or phone number associated with your Account, visit the Website or contact us as provided below.
Text Messages
We may send, by automated means, transactional text messages related to your Account, Membership Plan, or goods or services purchased. Your mobile carrier's standard message rates and other charges will apply to any text messages you send or receive. All charges for such text communications are billed by and payable to your mobile carrier. Hang 10 Car Wash will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission by your mobile carrier. To opt out of transactional text messages (other than legal notices), you may follow the opt-out instructions provided in the text message, provided you have given us a valid email address so that we may contact you in another way.
We will only send you marketing text messages with your prior express consent, as further set forth in our Privacy Policy. Consent to receive marketing messages is not a condition of making any purchase. For more information on text messages and the data obtained from you via text, please see our Privacy Policy.
Updating Your Information
You can provide or change your email address, telephone number, and Payment Method, change your Membership Plan, or otherwise update your information by visiting the Website or by visiting or calling any Location.
Termination by Us (Cancellation or Suspension by Hang 10 Car Wash)
Except to the extent prohibited by applicable law, Hang 10 Car Wash may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account, any Membership Plan(s), and your use of the goods and services, without notice or liability. If we refuse, suspend, deactivate, or terminate your Account or Membership Plan(s), you may not create another Account or purchase another Membership Plan without our prior written permission. Hang 10 Car Wash may, in its discretion, suspend, deactivate, or terminate your Account and/or Membership Plan to protect you or Hang 10 Car Wash from identity theft or other fraudulent activity. Except as required by applicable law, Hang 10 Car Wash is not obligated to credit or discount your Membership Plan for any such refusal, suspension, deactivation, or termination.
Choice of Law; Arbitration and Class Action Waiver
IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
These Terms shall be deemed to have been entered into, and shall be construed and enforced in accordance with, the laws of the State of Delaware as applied to contracts made and performed entirely within Delaware, without giving effect to that state's conflicts of law principles.
ARBITRATION AGREEMENT: EXCEPT WHERE PROHIBITED BY LAW, YOU AND HANG 10 CAR WASH AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US THROUGH FINAL AND BINDING ARBITRATION, INSTEAD OF THROUGH A COURT OF GENERAL JURISDICTION. ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS ARE VOID OR VOIDABLE, OR WHETHER A CLAIM IS SUBJECT TO ARBITRATION, WILL BE DETERMINED BY AN ARBITRATOR.
This arbitration agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences transactions involving interstate commerce. Arbitration will be conducted by a single arbitrator and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The place of arbitration will be the location where you reside at the time you submit a demand for arbitration, unless you and Hang 10 Car Wash agree otherwise. If your claim is for $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on written submissions. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules.
CLASS ACTION WAIVER: YOU AND HANG 10 CAR WASH 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 Hang 10 Car Wash agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
JURY TRIAL WAIVER: YOU AND HANG 10 CAR WASH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, you and Hang 10 Car Wash elect to have claims and disputes resolved by arbitration. In any litigation between you and Hang 10 Car Wash over whether to vacate or enforce an arbitration award, YOU AND HANG 10 CAR WASH WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
Dispute Resolution Process
Before initiating any arbitration, you and Hang 10 Car Wash agree to attempt to resolve the dispute informally by contacting each other. If you have a dispute with Hang 10 Car Wash, you must contact us at info@hang10carwash.com with your full name, address, and a description of your dispute. We will attempt to resolve your dispute internally and will respond to you within 60 days.
If we cannot resolve your dispute internally, you may pursue your claim in arbitration. The AAA's filing fees and other arbitration costs will be split between you and Hang 10 Car Wash according to the AAA Consumer Arbitration Rules. However, if your claim is for $10,000 or less, Hang 10 Car Wash will pay all filing fees and other arbitration costs. Hang 10 Car Wash will also pay all filing fees and other arbitration costs if the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Hang 10 Car Wash will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Hang 10 Car Wash will pay all of the arbitrator's fees.
Exceptions to Arbitration
Notwithstanding the foregoing, the following disputes will not be subject to arbitration: (1) disputes or claims within the jurisdiction of a small claims court consistent with that court's jurisdictional and dollar limits, as long as it is an individual dispute and not part of a class action; and (2) disputes related to the enforcement or validity of your, Hang 10 Car Wash's, or either party's licensors' intellectual property rights.
Severability
If any portion of this arbitration agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the arbitration agreement. If the class action waiver is deemed invalid or unenforceable, then the arbitration agreement will be deemed null and void, and any remaining claims will be resolved in court.
General Terms
Entire Agreement
These Terms and the Additional Agreements constitute the entire agreement between you and Hang 10 Car Wash with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Assignment
Hang 10 Car Wash may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without Hang 10 Car Wash's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Amendment
Hang 10 Car Wash reserves the right to change or modify these Terms and any policy or guideline referenced herein at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Website or other Sales Channels, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website, Sales Channels, Account, or Membership Plan following the posting of changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and any applicable policies referenced herein to understand the terms and conditions that apply to your use. If you do not agree to the amended terms, you must stop using the Website, Sales Channels, Account, or Membership Plan.
Force Majeure
Neither party will be liable for any failure or delay in performance under these Terms which is due to fire, casualty, flood, earthquake, other acts of God, acts of war, terrorism, labor disputes, epidemics, pandemics, governmental restrictions, court orders, or other causes that are beyond the reasonable control of such party.
No Waiver
No failure or delay by Hang 10 Car Wash in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
Headings
The headings of the sections and subsections of these Terms are included for convenience only and shall not limit or otherwise affect the terms of these Terms.
Contact Information
If you have any questions about these Terms, please contact Hang 10 Car Wash at:
Email: info@hang10carwash.com
Or contact us through our website at www.hang10carwash.com through the "Contact Us" form on the homepage.
Address:
Hang 10 Car Wash
[Physical Address to be provided]
