SERVICE PROVIDER
Happy's Car Wash, Inc.309 E IL Route 173, Antioch, IL 60002
("Happy's")
The Client and Happy's agree as follows:
A. SERVICES PROVIDED
Happy's Unlimited Car Wash Club Membership.
B. TERM OF AGREEMENT
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
Client will be billed monthly to the provided credit card for Client's selected Happy's Unlimited Car Wash Club Membership ("Club").
The Client can terminate this Agreement at any time, by stopping in at Happy's Car Wash, Inc. location in Antioch, IL and completing an Unlimited Wash Club Cancellation Form. Or, by completing an Unlimited Wash Club Cancellation Form on-line at our website www.thehappycarwash.com.
Happy's Car Wash, Inc. can terminate this Agreement at any time in the event of non-performance by the Client, defined as non-payment for services provided or actions that are not in the best interests of Happy's.
C. PERFORMANCE
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. The Client understands and agrees that Happy’s hours of operation can change at any time without notice. Happy’s is open every day of the year except official US holidays. Happy’s may be closed in the event of inclement weather as defined by Happy’s.
D. SERVICE Fee
Happy's will bill the Client's provided credit card for the Services provided at the rate of their membership plan per month (the "Service Fee"). The Service Fee can be changed by Happy's at any time with 30 days notice.
A credit card deposit of $0.01 (the "Deposit") is payable by the Client upon execution of this Agreement. This is defined as the Signing Date. This credit card deposit of $0.01 (the “Offer”) is in effect for the first 1,000 Club members only, unless said Offer is extended by Happy’s.
After the first month, Happy's will bill the Client's provided credit card every month on the Signing Date until Services are terminated by the Client.
Client agrees that Happy's Car Wash, Inc. is not responsible for damage to any non-factory items, van ladders, glued or clipped moldings, spoilers, wipers, side view mirrors, exhaust system, cracks in windshield, antennas, driver negligence, vehicle jumping track, pre-existing dents or scratches, and damages to cars that are 5 years old or older.
E. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Illinois.
F. SEVERABILITY
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
G. WAIVER
The waiver by either Party of a breach, default, delay or omission of any provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
Disclaimer:
I hereby authorize Happy’s Car Wash and Detailing Center (“Happy’s”) to perform car wash and detailing services utilizing the necessary and industry-standard materials. The employees of Happy’s may operate the vehicle for purposes of detail services, pick up and/or delivery of vehicle to the customer. Happy’s is primarily responsible for any damage that may occur to the vehicle while at Happy’s place of business, with the customer’s insurance being responsible for any excess. It is also understood that Happy’s will not be held responsible for loss or damage to the vehicle or for articles left in the vehicle in the case of fire, theft or any other cause beyond the control of Happy’s. Happy’s is not responsible for any personal items left in the vehicle.
Engine Clean and Degrease Disclaimer:
I, the Vehicle Owner, agree to allow Happy’s to conduct an industry-standard and customary wash upon my car in which Happy’s will degrease the engine compartment with pressurized water and chemicals and then dry the engine compartment with pressurized air and condition hoses and plastic parts in the engine compartment. I agree to pay the written and agreed-upon fee for this service. Happy’s has advised me that in certain limited occasions the engine clean and degrease process could lead to potentially negative mechanical issues related to the car such as poor performance or no performance. The vehicle owner fully acknowledges and agrees that the owner assumes all risk of engine-related issues relating to the engine clean and degrease process and owner agrees to be fully responsible for said issues and therefore waives any and all claims against Happy’s relating to the engine clean and degrease process. Accordingly, for good and sufficient consideration, the receipt of sufficiency of which is acknowledged, owner releases and discharges Happy’s from any and all claims, demands, and liabilities, whether known or unknown, whether foreseeable or not, relating in any way the engine clean and degrease process.