TERMS AND CONDITIONS: The Buyer (herein called Member) does hereby make application to Speedie Clean Washes, Inc. (herein called SCW, Inc.) for Membership to the Club Program designated by the Member as referenced on this agreement and hereby agrees to comply with and be bound by the terms and conditions, as they currently exist and may from time to time in the future be amended or supplemented. The Member agrees to pay the monthly dues for the Membership selected, which are subject to increase as described below. Membership is valid only for the vehicle enrolled on the agreement. By executing the Membership agreement form you have authorized us to make withdrawals from or apply other related and agreed upon charges to the account you have specified for Membership dues. Returned debit entries are subject to a return check/item charge of $15, or the maximum allowed by state law. Such charges will be automatically deducted from the Member’s account. You further indicate by your signature as Buyer on the agreement, that you are authorized signatory of the account specified for use in the collection of those same dues and fees. You understand that the above authority will remain in force and in effect for the monthly payment amount as indicated on the Agreement, on a month to month basis, or until such time as (1) SCW, Inc. terminates the program or (2) SCW, Inc. receives written notification from you informing us of your intent to terminate the Membership. In any event, SCW, Inc. will act promptly to stop further debit entries within a reasonable period of time herein defined as no longer than 5 days from the date SCW, Inc. receives such written notice. The aforementioned cancellation notification requirements are applicable to all Memberships.
MONTHLY DUES: Will be collected each month regardless of the Member’s usage of the car wash until we are notified, in writing that you wish to cancel the Agreement. Regardless of such cancellation, any outstanding balance of the Membership fee will remain due and payable in accordance with the Agreement. Failure to pay any monthly dues payment within 2 days after the date such payment is due, your Membership privileges may be canceled and you may have to reapply for Membership under new terms and dues SCW, Inc. is then charging new Members. There are no annual maintenance dues.
CANCELLATION: The Member, with written notification and return of the electronic RFID windshield tag issued, may cancel the Agreement at any time prior to midnight of the third business day following the execution date, not including Sundays and holidays and will receive a full refund of all monies paid to SCW, Inc., but limited to the initiation (if any) and first month’s dues, less the value of any washes already taken. After the three days, Members can cancel or change wash plans by notifying SCW, Inc. in writing or by faxing the request to (714) 836-6111 or by email at email@example.com at least 5 days prior to the billing date.
ONE CAR PER MEMBERSHIP: Only the car listed on the Agreement is eligible for the program and MUST have an RFID Membership tag affixed to the front windshield. Damaged tags should be reported to SCW, Inc. immediately. Any attempt to remove the tag will destroy the tag and prevent it from operating. The member will be charged a $3.00 fee for tag replacement due to Member’s actions.
GOVERNING LAW: The laws of the State of California, in which this Agreement is signed, and to the extent preempted by federal law, govern this Agreement.
MISCELLANEOUS: The provisions of this Agreement are several and if any provisions are determined to be illegal or unenforceable the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable unless otherwise prohibited by state law. Our failure to enforce any remedy or provision of this Agreement shall not be construed as a waiver of such remedy or provision, including, but not limited to, yearly increases in monthly dues permitted pursuant to the terms and conditions of this agreement, which can be imposed cumulatively at any time.