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Terms and Conditions

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES (“SERVICES”).

BY PURCHASING A MEMBERSHIP, USING OUR CAR WASH SERVICES, OR PROVIDING PAYMENT INFORMATION TO TSUNAMI EXPRESS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES OR PURCHASE A MEMBERSHIP.

These terms include an arbitration agreement and class action waiver (Section 22) that affects your legal rights.

Tsunami Express Intermediate Holdco (Tsunami Express, Company, we, us, or our) reserves the right to modify these terms and conditions at any time without prior notice. Continued use of services constitutes acceptance of changes.

Our soft touch wash is designed to be safe and gentle on your vehicle yet thorough enough to leave it feeling squeaky clean and looking like new. Tsunami Express takes pride in maintaining a safe and high-quality wash experience for all customers.

SERVICES

  1. Right to Refuse Service: Tsunami Express may refuse to wash a vehicle if it has excessive pre-existing damage, is excessively dirty or caked with dirt or debris, could potentially damage our equipment or other vehicles, or if we believe it is unsafe for washing.
  1. Vehicle Restrictions: Our wash cannot accommodate vehicles over 86 inches in height or those with dual wheels. Certain Tsunami Express locations may have additional, specific restrictions.
  1. Video Recording: All vehicles are video recorded while on premises.All video footage is owned by the Company and will not be shared with any third parties except as required by law.
  2. Driver Responsibility: Any damage to our machinery, equipment, or any vehicle due to driver error or negligence will be the driver’s responsibility. This includes damages done to the driver’s vehicle.
  1. Drivers are also required to:
    1. Empty Truck Beds: All debris must be removed from the truck bed before entering the wash. The truck owner or driver is responsible for any damage caused by loose debris.
    2. Lower or Remove Antennas: Tsunami Express is not responsible for damage to or caused by antennas.
    3. Disengage Automatic Functions: This includes wipers, automatic brakes, automatic parking, and more.
  2. Drivers are recommended to:
    1. Fold in Side Mirrors: We strongly recommend folding in all mirrors. Tsunami Express is not responsible for side mirror damage.
    2. Remove Trailer Hitches: We strongly recommend removing trailer hitches.
  1. Limitation of Liability. Tsunami Express’s total liability for any claims shall not exceed the greater of (a) the amount you paid Tsunami Express in the three months before the claim arose, or (b) $100. Tsunami Express shall not be liable for any indirect, incidental, punitive, or consequential damages, whether foreseeable or not.
  2. Liability Disclaimer: TSUNAMI EXPRESS DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE. YOU USE THE SERVICES AT YOUR OWN RISK. By using our wash services, you agree that we are not liable for damage to the following items:
  1. Vehicles over 7 years old, previous damage, manufacturer defects, rust, corrosion, or deterioration.
  2. Antennas, side view mirrors (including H3 mirrors), luggage racks, spoilers, running boards, light bars, bug shields, ladders, trailer hitches, windshields, sunroofs, moonroofs, or any glass components.
  3. 2023 and newer Honda CRV body panels.
  4. Oversized tires & rims, rims with low profile tires, aftermarket wheels or extended valve stems.
  5. All non-factory-installed items (including dealer-installed parts and accessories), loose chrome, loose/glued/clipped items, emblems or trim attached with adhesive, mud flaps, and license plate frames.
  6. Pinstriping, graphics, decals, custom paint, repaints, existing paint chips or scratches, existing damage to windshields or glass windows, clear coat damage.
  7. All personal belongings, items in truck beds or cargo areas, unsecured accessories.
  8. Wiper blades (especially automatic wipers), electronic running boards in lowered position, automatic functions left engaged, driver error or failure to follow instructions, vehicle clearance issues (height over 86 inches, dual wheels).
  9. Damage Reporting: Any damage alleged to be caused by the wash must be reported to a manager on duty before leaving the premises.
  10. Incomplete Claim Processing: Damage claims that remain incomplete for more than 30 days will be automatically closed and considered denied.
  11. Tsunami Express Responsibility: Tsunami Express equipment is top-quality and well-maintained. However rare, malfunctions do happen. We are only responsible for damage caused by equipment malfunctions, and will cover the repair costs if our equipment causes damage, subject to the Liability Disclaimer.
  12. Acceptance of Terms: By using the Tsunami Express wash, you accept these Terms and Conditions.

MEMBERSHIP TERMS

  1. Membership Overview: A Tsunami Express membership is a monthly automatic subscription plan that allows a single registered vehicle to wash up to once a day at any Tsunami Express location.
  2. Payment Method: A credit or debit card must be provided when purchasing a membership plan. Cash or gift cards cannot be used for recurring membership payments.
  3. Automatic Renewal: The credit or debit card used for the membership will be automatically charged every month on the anniversary of the enrollment date (Renewal Date). This is the same day of the month the membership was signed up for.
  4. Renewal Authorization: Signing up for a membership authorizes Tsunami Express to automatically charge the card on file on a recurring monthly basis.
  5. Cancellation Policy: Membership cancellations must be made at least seven business days before the Renewal Date to allow for processing time. Memberships can be managed or cancelled online, at a Tsunami Express location, or by contacting customer support.
  6. Discontinued Memberships: Memberships remain active until the end of the billing cycle following cancellation notice. The membership can be used until the next Renewal Date, after which it will become inactive and will not renew.
  7. Refund Policy: Paid membership fees are nonrefundable. There are no refunds, partial refunds, or credits for partially used or unused membership plans. Refunds or discounts are at the sole discretion of Tsunami Express. Tsunami Express cannot process refunds for transactions older than 120 days.
  8. Payment Decline: If a credit or debit card charge is declined, Tsunami Express reserves the right to reattempt the charge each day for up to ten days after the monthly enrollment date.
  9. Cancellation Due to Misuse: Tsunami Express reserves the right to cancel a membership due to abuse, misuse, failure to follow membership rules, or safety reasons. Membership termination may occur with or without notice, and no refunds will be provided.
  10. Temporary Closures: Tsunami Express strives to operate during posted business hours but may have temporary closures due to inclement weather, holidays, equipment maintenance, or other reasons. No refunds, adjustments, or credits will be given for temporary closures.
  11. Acceptance of Terms: By enrolling in a Tsunami Express membership plan, you accept these Membership Terms and Conditions.

MISCELLANEOUS TERMS

  1. You agree to defend, indemnify, and hold Tsunami Express harmless from any claims, damages, or expenses (including attorney fees) arising from:
    1. Your use or misuse of the Services;
    2. Your violation of these terms;
    3. Your negligent operation of your vehicle; and
    4. Any damage you cause to Tsunami Express’s equipment or other vehicles.

Tsunami Express may assume control of the defense of any such claims.

    1. PLEASE READ THIS SECTION CAREFULLY. BY USING THE SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. Any dispute arising out of or relating to these terms or your use of the Services shall be resolved by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (AAA), rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes disputes about the validity of this arbitration provision.
    2. Class Action Waiver: You and Tsunami Express agree that each party may bring claims only in an individual capacity and not as part of any class or representative action. The arbitrator may not consolidate claims or preside over any class proceeding.
    3. This arbitration provision survives termination of these terms.
  2. Governing Law; Venue. These terms shall be governed by the laws of Delaware without regard to conflict of law principles. The forum for the arbitration shall be Wilmington, Delaware. Any disputes not subject to arbitration shall be resolved in the courts of New Castle County, Delaware.
  3. Electronic Communications. You consent to receive all communications from Tsunami Express electronically via email or text message. Electronic communications satisfy any legal requirement for written notice. You must maintain current contact information and promptly notify Tsunami Express of any changes. Text messages may include account notifications. Standard messaging rates apply. You may opt out of promotional messages but not essential account communications.
  4. Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TSUNAMI EXPRESS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tsunami Express does not guarantee services will always be available or meet your expectations.
  5. Age Requirement. You must be 18 or older to purchase a membership. Minors may use Services only under parental supervision and agreement to these terms.
  6. Privacy. Your privacy is important to us. Please review our Privacy Policy at https://www.tsunamiexpress.com/privacy-policy/, the terms of which are incorporated into these Terms and Conditions by reference.