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Membership Terms & Conditions

WOODIE’S ENDLESS WASH CLUB ™ 

MEMBERSHIP TERMS AND CONDITIONS 

 

WWS Memberships, LLC, through its affiliates doing business as Woodie’s Wash Shack locations, collectively referred to as “WWS,” offers the Woodie’s Endless Wash Club™ referred to as the “EWC.” The EWC allows members to subscribe to a membership plan specifying a level of car wash services at Woodie’s Wash Shack’s affiliated and growing network of car wash locations. The recurring monthly fee depends on the membership plan purchased for each vehicle.

SCOPE

These membership terms and conditions, collectively referred to as the “Terms,” govern your purchase of a membership in the EWC and your use of the services offered through the EWC.

OVERVIEW

When you register your membership account and purchase one or more membership plans, you give WWS permission to collect personally identifying information from you. This information is subject to our Privacy Notice, which can be found at https://www.woodieswash.com/privacy and is incorporated into these Terms. Please review our Privacy Notice to understand our commitment to your privacy.

 

As used in these Terms, the words “service” or “services” mean the car wash services provided to the identified vehicle by WWS under your purchased EWC membership plan.

 

By providing WWS a Payment Method, as defined below, accepting these Terms, and using the EWC services, you agree that you have read, accepted, and understand these Terms. Your use of the services constitutes acceptance of these Terms.

 

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 DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES REGARDING THE EWC, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.

 

BY ACCEPTING THESE TERMS, YOU AGREE THAT SUCH ACCEPTANCE CONSTITUTES EXPRESS WRITTEN CONSENT FOR WWS TO CONTACT YOU VIA ELECTRONIC MEANS, INCLUDING EMAIL, TEXT MESSAGES, SOCIAL MEDIA POSTS, AND SIMILAR COMMUNICATIONS, AS WELL AS VIA TELEPHONIC MEANS, TO OFFER PROMOTIONS, ELICIT FEEDBACK, OR OTHERWISE CONTACT YOU REGARDING THE SERVICES OFFERED BY WWS. IF YOU DO NOT WISH TO RECEIVE SUCH COMMUNICATIONS, PLEASE CONTACT WWS TO REQUEST REMOVAL FROM SUCH COMMUNICATION LISTS.

 

BY SUBSCRIBING FOR A MEMBERSHIP PLAN, YOU ACKNOWLEDGE THAT YOU ARE A CUSTOMER OF WWS COMMENCING ON THE DATE YOUR MEMBERSHIP PLAN BECOMES EFFECTIVE.

 

 

SECTION 1: EWC MEMBERSHIP PLANS AND RATES

1.1 Services

WWS offers the following EWC membership plans: The Drop In, The Hang Ten, The Wipeout, and The Pipeline, as updated from time to time on the Woodie’s Wash Shack website.

 

For service details and fees, you may search for your local Woodie’s Wash Shack location at https://www.woodieswash.com/locations.

 

WWS reserves the right to change EWC membership plans or fees in any manner and at any time, as WWS may determine in its sole and absolute discretion. Any material changes to your membership plan or any increase to your membership fees will take effect thirty (30) days after being posted at the impacted Woodie’s Wash Shack locations and on the Woodie’s Wash Shack website at https://www.woodieswash.com.

 

The services offered at each Woodie’s Wash Shack location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, governmental orders, or other force majeure events. A currently paid membership plan allows the vehicle identified with the plan to receive unlimited services at any Woodie’s Wash Shack location, subject to such factors.

 

1.2 Auto Renewal

The EWC membership plan for each vehicle will commence with your delivery of a current, valid, accepted debit or credit card, as may be updated from time to time, referred to as the “Payment Method,” to WWS. Providing a Payment Method also serves as your express and explicit acceptance of these Terms.

 

A link to these Terms will be included with your purchase receipt for future reference. Your Payment Method will not be charged until after you acknowledge your agreement to these Terms.

 

Your EWC membership plan will automatically renew monthly. Your Payment Method will automatically be charged on a recurring monthly basis until canceled by you or terminated by WWS in accordance with these Terms. You retain the right, without additional cost or penalty, to terminate the membership plan if you cancel in a timely manner as described below. Your membership plan number will appear on your purchase receipt as discussed below in Section 2.

 

WWS no longer sells new annual membership plans. However, if you are an existing annual membership plan holder, your annual plan may automatically renew annually unless canceled by you or terminated by WWS in accordance with these Terms. Existing annual membership plan holders will be notified of annual renewal thirty (30) days in advance. In the absence of cancellation before renewal, the annual membership plan will renew annually until canceled by you or terminated by WWS in accordance with these Terms.

 

1.3 License Plate Reader Technology

WWS uses License Plate Reader technology to validate your membership status when you visit a Woodie’s Wash Shack location.

 

1.4 Single Vehicle Plan

Each purchased EWC membership plan is for a single vehicle only. Resale or transfer of your EWC membership plan to another vehicle or person is expressly prohibited, except as otherwise permitted by these Terms.

 

In the event a vehicle other than the vehicle registered for the membership uses the membership for awash, you will be notified of such unauthorized use. Any unauthorized uses thereafter may be charged at retail value, and such charges may be applied against your Payment Method on file. See Sections 1.7 and1.8 for issues involving sold, lost, or stolen vehicles.

 

1.5 Family Plans

Check with your nearest Woodie’s Wash Shack location for availability and fees. Family Plans allow you to purchase additional membership plans, each for a single vehicle, at a discounted fee under a single membership account.

 

The fee for all membership plans in a Family Plan must be charged to the same Payment Method and must be for the same EWC service package. The Payment Method must be provided to WWS for each additional membership plan purchased under a Family Plan.

 

If the first membership plan purchased following the initial registration of a membership account under a Family Plan is canceled, suspended, deactivated, or terminated for any reason, then the next purchased membership plan will be considered the primary membership plan and will be charged the then current standard fee for such membership.

 

1.6 Lifesaver Program

The Lifesaver Program is available to active police officers, active EMTs and/or paramedics, active firefighters, active medical or healthcare workers, and active or retired military personnel.

 

Members of the Lifesaver Program receive a discount of $5.00 off the monthly EWC rate. To enroll in this program, you will be asked to provide proof of eligibility, such as a photo ID, work ID, or pay stub. Your membership must be registered under the name as it appears on the proof of eligibility. This program is limited to one (1) vehicle per eligible member.

 

1.7 Vehicle Sold

If a vehicle identified with a membership plan is sold, you may transfer the membership plan to another vehicle by using the Woodie’s App “Garage,” visiting any Woodie’s Wash Shack location, or calling a Woodie’s Wash Shack location for assistance.

 

1.8 Vehicle Lost or Stolen

If a vehicle identified with a membership plan is lost or stolen, you must promptly deactivate the vehicle’s EWC membership plan. If you do not do so, others may access the car wash service through your account and may be able to access certain account information.

 

To deactivate a membership plan for a lost or stolen vehicle, use the Woodie’s App “Garage,” visit any Woodie’s Wash Shack location, or call customer support at (855) 559-3355.

 

WWS will not be liable for any services provided or payments collected on such vehicles if WWS is not explicitly notified by you of such loss or theft.

 

1.9 Discounted Introductory Period

If a discounted introductory period is available to you, it will be specified at the time of purchase. The introductory period is intended to allow new and certain former members to try the services at a discounted fee. As a result, the availability, duration, and any other terms for the introductory period may vary as determined by WWS in its sole discretion.

 

At the expiration of any discounted introductory period, WWS will charge the then current fee for your chosen plan on your next billing cycle to your Payment Method, and your membership will automatically renew unless you cancel your membership before the end of the discounted introductory period as set forth below.

 

WWS reserves the right to revoke the discounted introductory period, charge you the then standard fee for the plan you selected, and/or put your account on hold if WWS determines that you are not eligible for the introductory discount.

 

SECTION 2: BILLING, CANCELLATION, AND REFUNDS

2.1 Payment Processing

To purchase an EWC membership plan, you must provide a Payment Method. You authorize WWS to charge the current Payment Method associated with your membership account for your membership plan fees, which will be automatically charged on a monthly basis unless otherwise specified for an existing annual membership plan.

 

You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your membership account, WWS may suspend your access to the service until WWS has successfully charged a valid Payment Method.

 

For some Payment Methods, the issuer may charge you additional fees. Check with your Payment Method service provider for details. WWS has no responsibility or liability if your Payment Method is declined by your financial institution. Payments are processed by WWS’s PCI compliant third party payment processor. For additional information, please see our Privacy Notice.

 

2.2 Billing Cycle

The fee for the EWC membership plan you purchase, and any other charges you may incur in connection with your EWC membership plan, such as taxes, will be charged monthly to your Payment Method on the day of the month on which you signed up for the plan, unless otherwise specified for an existing annual membership plan. Fees are fully earned upon payment.

 

In some cases, your payment date may change. For example, your payment date may change if your Payment Method has not successfully settled or if your membership plan was purchased on a day not contained in a given month, such as the 31st.

 

The charges will appear on your Payment Method receipt as from WWS, together with the respective store number where you purchased your EWC membership plan and your membership plan number.

 

2.3 Updating Your Payment Method

To update your Payment Method, use the Woodie’s App “Garage,” visit any Woodie’s Wash Shack location, or call a Woodie’s Wash Shack location for assistance.

 

Members are not currently able to update membership payment information through the Woodie’s Wash Shack website.

 

WWS may also update information on your Payment Method using information provided by payment service providers, such as the expiration date of your Payment Method. Following any update, you authorize WWS to continue to charge the applicable Payment Method for each membership plan associated with your membership account.

 

2.4 Cancellation by You and Reactivation

You may cancel your EWC membership plan at any time by any of the following methods: (a) calling customer support at (855) 559-3355; (b) visiting any Woodie’s Wash Shack location; or (c) using the “Garage” feature in the Woodie’s App.

 

You must cancel an EWC membership plan at least seven (7) days before it renews in order to avoid automatic billing to your Payment Method for the applicable fee for the next billing cycle.

 

The vehicle identified with the canceled membership plan will continue to have access to the car wash services through the end of its billing period.

 

If you cancel all membership plans associated with your membership account, your account will automatically close at the end of the next applicable billing period.

 

2.5 No Refunds

Paid membership fees are non-refundable, and there are no refunds or credits for partially used membership plan periods. Any refund, discount, or other consideration to some or all members is at the sole and absolute discretion of WWS, in accordance with all applicable law.

 

SECTION 3: EWC MEMBERSHIP ACCOUNT

3.1 Membership Account

The person who registered the EWC membership account and whose Payment Method is charged has access and control over the membership account and is responsible for:(a) any activity that occurs through the membership account; and(b) updating and maintaining the accuracy of the information in the account.

 

To register an EWC membership account, you must be eighteen (18) years of age or older. Individuals under the age of eighteen (18) must use the EWC membership account of their parent or legal guardian pursuant to these Terms.

 

If you submit the personal information of any person other than yourself while registering an account or purchasing additional membership plans, you warrant that you have that person’s permission to provide WWS with that information.

 

3.2 Updating Your Membership Account

To update your EWC membership account, use the Woodie’s App “Garage,” visit any Woodie’s Wash Shack location, or call a Woodie’s Wash Shack location for assistance. You may provide or change your email address, cell phone number, Payment Method, vehicle information, membership plan, or cancellation request, subject to the processes made available by WWS from time to time.

 

3.3 Communication Preferences

WWS will periodically send you information relating to your membership account, including payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, solicitations, and similar communications, in electronic form only. These communications may include emails sent to the email address you provided, or text messages sent to the cell telephone number you provided.

 

By purchasing your membership and accepting these Terms, you explicitly permit WWS to contact you by such methods, and you agree that any notices, agreements, disclosures, or other communications sent to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.

 

3.4 Text Messages

WWS, or third parties with whom WWS contracts, may communicate with you via text messages. Your carrier’s standard message rates may apply to any and all messages you receive from and send to WWS. Other charges may also apply. All charges are billed by and payable to your mobile service provider.

 

WWS will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

 

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, the date, time, and content of your messages, and other information you provide to WWS. WWS may use this information to contact you and provide services you request.

 

By accepting these Terms, you expressly opt in to receiving such messages. Consent to receive such messages is not a condition of making any purchase, and you may revoke such consent by contacting WWS. The number of text messages per month will vary. You can also unsubscribe at any time by texting STOP to the number that appears in your text message.

 

3.5 Compliance with Law

You and anyone for whom you purchase an EWC membership plan agree to use the EWC membership account and membership plans in accordance with all applicable laws, rules, and regulations.

 

WWS may cancel your membership account and membership plans if you, or anyone registered with your membership account, violate these Terms or are engaged in illegal or fraudulent use of the EWC membership account or membership plans.

 

3.6 Termination by WWS

To the maximum extent permitted by applicable law, WWS may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your EWC membership account, any purchased membership plans, and use of the services, without notice or liability.

 

If WWS refuses, suspends, deactivates, or terminates your membership account, you may not register another membership account or purchase another membership plan without the prior written permission of WWS.

 

WWS may, in its sole discretion, suspend, deactivate, or terminate your membership account and plans to protect you or WWS from identity theft or other fraudulent activity.

 

Except as required by applicable law, WWS is not obligated to credit or discount your account for any such refusals, suspensions, deactivations, or terminations.

 

3.7 Account Management

Account management is available for Endless Wash Club members through the Woodie’s App “Garage,” by visiting any Woodie’s Wash Shack location, or by calling a Woodie’s Wash Shack location for assistance. Available account management features may include signing up, changing your membership plan, updating your Payment Method, canceling a membership plan, viewing billing information, and editing profile information, subject to the processes made available by WWS from time to time.

 

SECTION 4: DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

4.1 Disclaimer of Warranties

THE EWC MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WWS DOES NOT GUARANTEE,REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.

 

4.2 Vehicle Suitability and Excluded Items

WWS DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE OR VEHICLES. WITHOUT LIMITING THE GENERALITY OF SECTION 4.3 BELOW, WWS SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGETO YOUR VEHICLE OR VEHICLES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE FOLLOWING ITEMS:

 

  1. Bug shields;
  2. Non operating power antennas;
  3. Loose molding, racks, etc.;
  4. Non factory installed accessories;
  5. After market wheels;
  6. Other pre existing conditions;
  7. All unsecured personal items;
  8. Driver negligence or failure to follow operational signs or instructions;
  9. Electronic running boards;
  10. Left down or open windows;
  11. Automatic windshield wipers that are left on;
  12. Vehicles over seven (7) years old;
  13. Windshield wipers;
  14. Vehicles over 100,000 miles;
  15. Antennas or side mirrors;
  16. Vehicle badging or emblems;
  17. Wheel covers or center caps;
  18. Moonroofs, sunroofs, glass, or bug shields;
  19. Loose or broken parts;
  20. Vehicle molding;
  21. Body damage or scratches;
  22. Collision due to braking or driving in the car wash tunnel;
  23. Non factory installed items;
  24. Body paint damage; and
  25. Loose body parts.

 

4.3 Limitation of Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WWS, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE SHARE HOLDERS, MEMBERS, PARTNERS, DIRECTORS, MANAGER, MANAGING MEMBERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, COLLECTIVELY REFERRED TO AS THE “WWS PARTIES,” BE LIABLE, JOINTLY OR SEVERALLY, TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE WWS PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN ADDITION, THE WWS 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 ONE (1) MONTH PRECEDING THE DATE THE CLAIM AROSE.

 

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE EWC MEMBERSHIP AND STOP ACCESSING THE SERVICES. 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.

 

4.4 Jurisdictional Limitations

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.

 

4.5 Indemnification

YOU HEREBY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE WWS 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) USE OF THE SERVICES IN CONNECTION WITH YOUR VEHICLE, WHETHER BY YOU AND ANY OTHER DRIVER OR PASSENGER OF YOUR VEHICLE; OR(B) YOUR MISUSE OF THE EWC; OR (C) YOUR BREACH OF THESE TERMS

 

WWS RESERVES, AND YOU GRANT TO WWS, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROLOF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

 

SECTION 5: ARBITRATION AGREEMENT, WAIVER OF TRIAL BY JURY, AND WAIVER OF CLASS ACTION

5.1 Applicability of Arbitration Agreement

ANY DISPUTE, CLAIM, OR CONTROVERSY OF ANY NATURE ARISING OUT OF OR RELATING IN ANY WAY TO THE EWC, THESE TERMS, OR THIS ARBITRATION AGREEMENT, INCLUDING WITHOUT LIMITATION THE INTERPRETATION, VALIDITY, SCOPE, OR APPLICABILITY OF THESE TERMS OR THE ARBITRATION AGREEMENT, COLLECTIVELY REFERRED TO AS 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.

 

THIS ARBITRATION AGREEMENT APPLIES TO YOU AND WWS, AND TO ANY OF WWS’S SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS IN INTEREST, AND ASSIGNS.

 

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 CHOOSEAND AGREE TO HAVE ALL DISPUTES AS SET FORTH HERE IN DECIDED THROUGH INDIVIDUAL ARBITRATION.

 

5.2 Disputes Excluded from Arbitration

DISPUTES WHERE THE AMOUNT IN CONTROVERSY IS LESS THAN $10,000.00 AND PLED BY YOU OR WWS IN A SMALL CLAIMS COURT ARE NOT SUBJECT TO ARBITRATION, SO LONG AS THE DISPUTES REMAIN IN SUCH COURT AND ADVANCE ONLY AN INDIVIDUAL, NON CLASS, NON REPRESENTATIVE CLAIM FOR RELIEF.

 

IN THE EVENT OF ANY ACTUAL, ALLEGED, OR THREATENED VIOLATION OF CONFIDENTIALITY OR VIOLATION OF WWS’S OR ITS LICENSOR’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, WWS MAYIMMEDIATELY RESORT TO COURT PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION IN ORDER TO SEEK IMMEDIATE INJUNCTIVE RELIEF WITHOUT POSTING OF A BOND, PROOF OF DAMAGES, OR OTHER SIMILAR REQUIREMENT.

 

THE INSTITUTION OF ANY ACTION FOR INJUNCTIVE RELIEF SHALL NOT CONSTITUTE A WAIVER OF THERIGHT OR OBLIGATION OF ANY PARTY TO SUBMIT ANY CLAIM SEEKING RELIEF OTHER THAN INJUNCTIVERELIEF TO ARBITRATION.

 

5.3 Confidential Proceedings

THE PARTIES EXPRESSLY AGREE THAT ANY AND ALL ACTIONS TAKEN UNDER THE ARBITRATION AGREEMENTAND RELATED PROVISIONS, INCLUDING BUT NOT LIMITED TO ALL FILINGS, ORDERS, JUDGMENTS, AND AWARDS MADE IN ANY ARBITRATION PROCEEDING, ARE CONFIDENTIAL AND MAY NOT BE DISCLOSED TO ANY THIRD PARTY, EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW.

 

5.4 Arbitrator

THE ARBITRATION PROCEEDING WILL BE ADMINISTERED BY JAMS, REFERRED TO AS “JAMS,” UNDER THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (OR, FOR CLAIMS THAT QUALIFY, THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES), TOGETHER WITH THE JAMS CONSUMER ARBITRATION MINIMUM STANDARDS OF PROCEDURAL FAIRNESS, COLLECTIVELY REFERRED TO AS THE “JAMS RULES,” BEFORE A SINGLE ARBITRATOR SELECTED PURSUANT TO THE JAMS RULES. THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM.

 

THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING. ANY FINAL AWARD OR JUDGMENT MAYBE PLED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.

 

THE PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE JAMS RULES, INCLUDING THE JAMS CONSUMER ARBITRATION MINIMUM STANDARDS OF PROCEDURAL FAIRNESS, WHICH LIMIT THE FEES PAYABLE BY A CONSUMER AND REQUIRE WWS TO PAY ALL OTHER SUCH FEES. EACH PARTY SHALL BEAR ITS OWN ATTORNEYS’ FEES AND COSTS, EXCEPT WHERE APPLICABLE LAW PROVIDES OTHERWISE. ANY ARBITRATION PROCEEDING MAY NOT BE CONSOLIDATED OR JOINED WITH ANY OTHER PROCEEDING AND WILL NOT PROCEED AS A CLASS ACTION.

 

5.5 Place and Governing Law

THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR RESIDENCE OR AT ANOTHER LOCATION REASONABLY CONVENIENT TO YOU, UNLESS YOU AND WWS AGREE OTHERWISE IN WRITING. AT YOUR ELECTION, AND TO THE EXTENT PERMITTED BY THE JAMS RULES, THE ARBITRATION MAY BE CONDUCTED BY TELEPHONE, BY VIDEOCONFERENCE, OR ON THE BASIS OF WRITTEN SUBMISSIONS. YOUR ACCESS TO ARBITRATION WILL NOT BE PRECLUDED BY THE LOCATION OF THE ARBITRATION.

 

THE PARTIES ACKNOWLEDGE THAT THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1, ET SEQ., AS MAY BE AMENDED FROM TIME TO TIME, SHALL GOVERN THE INTERPRETATION, ENFORCEMENT, AND PROCEEDINGS PURSUANT TO THIS ARBITRATION AGREEMENT.

 

TO THE EXTENT STATE LAW IS APPLICABLE, THE LAWS OF THE STATE OF FLORIDA SHALL APPLY WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS OR THOSE OF ANY OTHER JURISDICTION.

 

5.6 Survival and Severability

THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF THESE TERMS.

 

EXCEPT AS SET FORTH IN SECTION 5.8 BELOW, IF ANY PORTION OF THIS ARBITRATION AGREEMENT IS DEEMED INVALID OR UNENFORCEABLE THROUGH A FINAL JUDICIAL DETERMINATION, THE ENTIRE ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

 

NO PORTION OF THIS ARBITRATION AGREEMENT MAY BE AMENDED, SEVERED, OR WAIVED ABSENT AWRITTEN AGREEMENT BETWEEN YOU AND WWS.

 

5.7 Time Limitation on Claims

THE PARTIES AGREE THAT THEY MUST INITIATE ARBITRATION WITHIN ONE (1) YEAR AFTER ANY DISPUTE AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED.

 

5.8 Class Action Waiver

YOU AND WWS 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 WWS 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 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 THE ARBITRATION AND MAY BE BROUGHT IN COURT.

 

SECTION 6: MISCELLANEOUS

6.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

 

6.2 Feedback

WWS is free to use any comments, information, ideas, concepts, reviews, techniques, or any other material contained in any communication you may send to WWS, collectively referred to as “Feedback,” including responses to questionnaires or postings to the Woodie’s Wash Shack website or other user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever.

Such purposes may include, but are not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the EWC. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

 

6.3 Customer Support

To find more information about the EWC and its features, or if you need assistance with your membership account, visit https://www.woodieswash.com, visit any Woodie’s Wash Shack location, or call customer support at (855) 559-3355.

 

6.4 Changes to Terms

WWS may, from time to time, change, modify, or otherwise revise these Terms in its sole discretion. Such revisions shall be effective immediately, provided however, for existing members, such revisions shall, unless otherwise stated, be effective the next billing cycle thirty (30) days after being posted at the impacted Woodie’s Wash Shack locations and on the website at https://www.woodieswash.com.

 

6.5 Miscellaneous

WWS may assign its rights and delegate its 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 the prior written consent of WWS, and any such attempted or purported assignment or delegation without the prior written consent of WWS is void.

 

These Terms do not confer any rights, remedies, or benefits upon any person other than you and WWS, except that WWS’s affiliates are third party beneficiaries of these Terms.

 

THESE TERMS, INCLUDING THE PRIVACY POLICY, ARE THE ENTIRE AGREEMENT BETWEEN YOU AND WWS WITH RESPECT TO THE EWC AND SUPERSEDE ANY PRIOR TERMS WITH RESPECT TO THE EWC.

 

WWS’S FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS WILL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY OTHER PROVISION. ANY WAIVER OF ANY PROVISION OF THESE TERMS WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY WWS.

 

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.

 

THE HEADINGS IN THESE TERMS ARE FOR CONVENIENCE ONLY AND DO NOT AFFECT THE INTERPRETATION OF THESE TERMS.

 

THESE TERMS INURE TO THE BENEFIT OF THE SUCCESSORS AND ASSIGNS OF WWS.

 

ANY PROVISIONS OF THESE TERMS THAT ARE INTENDED TO SURVIVE TERMINATION, INCLUDING ANY PROVISIONS REGARDING INDEMNIFICATION, LIMITATION OF WWS’S LIABILITY, OR DISPUTE RESOLUTION, WILL CONTINUE IN EFFECT BEYOND ANY TERMINATION OF THESE TERMS OR OF YOUR EWC MEMBERSHIP.

 

PLEASE PRINT OR OTHERWISE SAVE A COPY OF THESE TERMS, ALL DOCUMENTATION, AGREEMENTS, NOTICES, AND OTHER COMMUNICATIONS FOR YOUR REFERENCE.

 

Revision Date: 8/17/2026