Online Single Wash Terms & Conditions

Version 2

PLEASE READ THESE MISTER CAR WASH® ONLINE SINGLE WASH TERMS & CONDITIONS (“TERMS”) CAREFULLY. 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 (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

MCW GC, LLC (“MCW”) offers for sale online single car wash services available at the nationwide network of Mister Car Wash® locations operated by affiliates of MCW (collectively “Mister Car Wash,” “Mister,” “we,” “us,” or “our”). The online sales are offered through the Mister Car Wash® website (www.mistercarwash.com, the “Website”) and the Mister Car Wash® mobile application (“App”) owned by Car Wash Partners, Inc. (“CWP”), an affiliate of MCW. Mister Car Wash® is the registered trademark of CWP.

These Terms & Conditions (“Terms”) govern your online purchase from MCW through the Website or the App of single car wash services represented by a corresponding one-time QR code or barcode either sent to you via email or text or available in your Mister® digital account (“Account”) viewed on the Website or in the App following your purchase (each, a “prepaid wash pass” or “pass”). Mister Car Wash also offers for sale through the Website and the App different Unlimited Wash Club® (“UWC”) membership plans; your enrollment and membership in the UWC is subject to the Unlimited Wash Club® Membership Plan Terms (“UWC Membership Plan Terms”). Use of the App is governed by the Mister Car Wash® Mobile App End User License Agreement (“Mobile App EULA”). Use of the Website is governed by the Mister Car Wash® Website Terms of Service (“Website Terms of Service”).

TERMS

If you purchase single car wash services through the Website or the App, you will be required to submit certain personally identifiable information to MCW and our service providers or licensors. The collection, use, disclosure, and other processing of your personally identifiable information is subject to our Privacy Notice incorporated herein. Please review our Privacy Notice to understand our practices.

As used in these Terms, the “service” or the “services” means the car wash services provided to your vehicle by Mister upon redemption of your pass.

By providing Mister Car Wash a Payment Method (defined below), and either accepting these Terms or otherwise utilizing the services, you agree that you have read and understand these Terms. If you do not agree with these Terms, do not purchase a pass, and do not use the services.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the Website or the App. By making an online purchase of a pass, or using the services, after changes are posted, you agree to those changes.

1. Purchase and Redemption

Car Wash Options

We offer for sale online single car wash services at the service levels described on the Website and the App with each sale represented by a prepaid wash pass. Passes can be redeemed (see “Redemption” below) at any Mister Car Wash® location offering the purchased car wash service level. Not all passes may be redeemed at all locations as certain locations may not offer the service level purchased online. Please confirm with a Mister Car Wash® location that they offer the service level you purchased before you redeem your pass.

Purchase

Each pass purchased will entitle you to a single car wash at the service level purchased.

No Expiration

The passes do not expire. If the price of a service level increases in the future, the pass will still be redeemable for a service level at least equivalent to the service level offered at the time of purchase. Prepaid wash passes may, however, be subject to cancelation as set forth in Section 2 below.

Redemption

To redeem a pass and obtain your purchased car wash service, visit any Mister Car Wash® location that offers the service level purchased and present the corresponding one-time QR code or barcode sent to you via email or text following your purchase (each, a “prepaid wash pass” or “pass”) at the payment kiosk or to the attendant. You can use the “Members Only” lane in addition to the “Self Service” lane to redeem your pass.

Personal Use Only

Each purchased prepaid wash pass is for your personal, non-commercial vehicle only. Resale or transfer of your prepaid wash pass is expressly prohibited. Commercial vehicles, including ride-sharing vehicles, taxis, and limousines, are not eligible for prepaid wash passes. If you have a commercial vehicle, please contact BusinessAccounts@mistercarwash.com for information about a business account.

2. Billing and Cancelation

Charges

The purchase price amount of each prepaid wash pass, and any other charges you may incur in connection with the purchase of a pass, such as applicable taxes, will be charged to your Payment Method. A prepaid wash pass purchased online will be priced according to the city and state entered at the time of purchase or, if you fail to enter a city and state, then according to the nearest Mister Car Wash location. Your prepaid wash pass may be subject to taxes, which will be calculated at the rate applicable to the city and state entered at the time of purchase or, if you fail to enter a city and state, then to the rate applicable to the nearest Mister Car Wash location. The purchase price for each prepaid wash pass is fully earned by MCW upon completion of your online purchase and the purchase price amount will be collected, processed, and charged at that time, regardless of whether or when you redeem your pass. The charges will appear as “Mister Car Wash” on your Payment Method receipt.

Payment Methods

To purchase a prepaid wash pass, either as a guest on the Website or through your Account (see below), you must provide a Payment Method. “Payment Method” means a current, valid, accepted debit or credit card, as may be updated from time to time. You authorize us to charge or debit the current Payment Method for the prepaid wash pass. If the credit or debit card data that you submit is incorrect or invalid, your purchase will not be processed. For some Payment Methods, the issuer may charge you additional fees; check with your Payment Method service provider for details. We have no responsibility or liability if your Payment Method is declined by your financial institution. When you purchase a prepaid wash pass, your credit or debit card is transmitted directly to a third-party payment processor in accordance with applicable Payment Card Industry Data Security Standards.

Mister® Digital Account (“Account”)

You may purchase passes through your Account. You can create an Account by visiting the Website or downloading the App. See our Website Terms of Service and Mobile App EULA. When you set up an Account, you can add, update, or delete a Payment Method to your Account. We may also update information on your Payment Method in your Account using information provided by the payment processors, such as the expiration date of your Payment Method. Following any update, you authorize us to continue to charge for future purchases the applicable Payment Method that you have provided in your Account. You may, at any time, close your Account and/or delete the App. If you close your Account or delete the App, you may still use any purchased, unused passes via the QR code you received via email or text. If you delete the App, your Account will remain active until you close it on the Website. If you close your Account through the Website, you will also be deleting it from the App.

Changes to the Services or Price

Mister Car Wash reserves the right to change car wash service levels or adjust future pricing for prepaid wash passes sold in any manner and at any time as Mister Car Wash may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes for passes or changes to the services will take effect immediately after posting at the Website or the App. If the price of a service level increases in the future, each previously purchased pass will still be redeemable for a service level at least equivalent to the prepaid wash pass as purchased.

Refunds

Prepaid wash passes are nonrefundable and there are no refunds or credits. Any refund, discount, or other consideration to some or all of our customers are at our sole and absolute discretion, in accordance with applicable law.

Interruption in Services

The services offered at each Mister Car Wash location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, or governmental order.

Device Lost or Stolen

If your computer, laptop, mobile telephone or other device containing the prepaid wash pass(es) is lost or stolen or your email or SMS texting application is compromised, you acknowledge that we are not responsible for third party access to or use of prepaid wash passes or access to your Account or the App.

3. Communications

Communication Preferences

We will send you information relating to your purchases (e.g., bar codes, payment authorizations, invoices, changes in Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to the email address you provided or via text messages to the mobile telephone number you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing. You must maintain either a valid email address or mobile telephone number associated with your Account so that we may contact you. To add your email or phone number to your Account, go to the Website or contact us as provided below. See our Privacy Notice.

Text Messages

We may send by automated means transactional communication texts related to your car wash pass purchases. Your mobile carrier’s standard message rates and other charges will apply to any text communication you send or receive. All charges for such text communications are billed by and payable to your mobile carrier. MCW will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your mobile carrier. Maximum number of text communications per month will vary based on your transactions. To opt out of transactional communication texts, other than legal notices, you may text STOP to 26379, the number that appears in your transactional communication texts, or to 737-637-3463, provided you have provided us with a valid email address so that we may contact you. For more information on text messages and data obtained from you via text message, see our Privacy Notice.

We will only send you marketing text messages with your prior express written consent as further set forth in our Privacy Notice. Consent to receive such messages is not a condition of making any purchase. For more information on text messages and the data obtained from you via text message, please see our Privacy Notice.

Restrictions on Website, App, and Passes

You agree to use the Website and the App in accordance with all applicable laws, rules, and regulations. See our Website Terms of Service and Mobile App EULA. We may cancel your prepaid wash passes if you violate these Terms, the Website Terms of Service, or the Mobile App EULA, or are engaged in illegal or fraudulent use of the Website, App, Account, or prepaid passes.

Transferring Account to a New Phone Number

To transfer your Account to a new phone number, log in to your Account and update your phone number in the profile section.

4. Disclaimers of Warranties and Limitations on Liability

THE WEBSITE, THE APP, AND THE SERVICES 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. NEITHER MCW NOR MISTER GUARANTEES, REPRESENTS, OR WARRANTS THAT ALL CAR WASH SERVICES OR LEVELS WILL BE AVAILABLE AT ALL MISTER CAR WASH® LOCATIONS.

NEITHER MCW NOR MISTER CAR WASH REPRESENTS THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE. WITHOUT LIMITING THE GENERALITY OF THE PROVISIONS SET FORTH BELOW, MCW, ON BEHALF OF ITSELF AND MISTER CAR WASH, SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE WITH RESPECT TO THE FOLLOWING ITEMS:

• Pre-existing damage and loose parts
• Negligence (driving, steering, braking, etc.)
• Electric running boards in lowered position
• Aftermarket and non-factory parts
• Antennas (please remove or retract)
• Unsecured personal items
• Racks (roof and rear)
• Windshields

TO THE EXTENT PERMISSALE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CAR WASH PARTNERS, INC., OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“MISTER PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE PREPAID WASH PASS FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT MISTER PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MISTER 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 MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE PREPAID WASH PASS AND 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 CANCELATION 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.

Indemnification

You will indemnify, defend, and hold harmless the Mister 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 misuse of the prepaid wash passes, or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Third-Party Websites

The Website and the App may be accessed by websites and other technology infrastructure not maintained or controlled by MCW. Neither MCW nor Mister is responsible for any such third-party websites or technology outside of its control.

5. Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action

Any dispute, claim, or controversy of any nature arising out of or relating in any way to the use of the Website, the App, the purchased prepaid wash passes, the car wash services, these Terms, or the Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of these Terms or the Arbitration Agreement (hereinafter, collectively, the “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 (the “Arbitration Agreement”). This Arbitration Agreement applies to you and MCW, CWP, and any of their 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 PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.

Disputes Excluded from Arbitration

Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or MCW individually in a small claims court are not subject to arbitration, so long as the disputes remain in such small claims 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 MCW’s or its licensor’s intellectual property or other proprietary rights, MCW may immediately resort to court proceedings in a court of competent jurisdiction as set forth above 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 the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

Confidential Proceedings

The parties expressly agree that any and all actions taken under the Arbitration Agreement and 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 expressly agreed in writing by all parties or otherwise may be required by law.

Arbitrator

The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA Rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

Place and Governing Law

The place of arbitration shall be in Pima County, Arizona, unless otherwise agreed to in writing by all parties to 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 (the “FAA”), 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 Arizona shall apply without regard to conflict-of-laws provisions.

Survival; Severability

This Arbitration Agreement provision will survive the termination of these Terms. Except as set forth in the section titled “Class Action Waiver” below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms, provisions, covenants, and restrictions of this Arbitration Agreement will remain in full force and effect. Otherwise, no portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and MCW.

Time Limitation on Claims

The parties agree that they must initiate arbitration within one (1) year after the party discovered or should have discovered the Dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period or enforcement of this provision contradicts an applicable fundamental public policy; otherwise, the parties agree that the Dispute is permanently barred.

Class Action Waiver

YOU AND MCW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER (OR IN THE CASE OF MCW, THE MISTER PARTIES) 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 MCW 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 a 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.

Initiating Arbitration

If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail, to Mister Car Wash, 222 E. 5th St., Tucson, AZ 85705, Attn: General Counsel. If Mister Car Wash intends to seek arbitration, Mister Car Wash will send a Notice to the email address, current billing address, or cell phone number in your Account or otherwise associated with you. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Mister Car Wash at 222 E. 5th St., Tucson, AZ 85705, Attn: General Counsel. Mister Car Wash will send such copy to the email address, current billing address, or cell phone number in your Account or otherwise associated with you or to your attorney, if you have retained one.

For Disputes asserted by you of $50,000 (US Dollars) or less, you agree to pay the filing fee specified in the rules of the AAA; Mister Car Wash will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For Disputes by you over $50,000 (US Dollars), you will be responsible for the Arbitration Fees. For Disputes asserted by Mister Car Wash, Mister Car Wash will pay Arbitration Fees. The parties agree that the prevailing party may recover Arbitration Fees as costs unless otherwise ruled by the arbitrator.

6. Miscellaneous

Governing Law, Forum Selection, and Jury Waiver

Except as set forth in the Arbitration Agreement section above, all matters relating to these Terms, your Account, or the prepaid wash passes shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of Arizona without regard to choice-of-law principles or conflict-of-laws 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.

Unless you and MCW agree otherwise, if it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court) shall be resolved in the United States District Court for the District of Arizona, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Arizona for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Arizona located in Pima County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and MCW both waive your right to a jury trial, unless such waiver is unenforceable.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes. Each prepaid wash pass is considered a “gift card” for all purposes of Arizona Revised Statutes § 44-7401, et seq.

Feedback

Mister Car Wash is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Website, App, and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the UWC. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

Customer Support

To find more information about prepaid wash passes and the services, or if you need assistance with your Account, go online to mistercarwash.com, visit any Mister Car Wash location, email help@mistercarwash.com, or call 866-254-3229.

Changes to Terms

Mister Car Wash may, from time to time, change these Terms. Such revisions extend only to claims arising after the change date, apply equally to any claims that either party may have against the other, and shall be effective immediately.

Miscellaneous

We may assign our rights and delegate our 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 our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and MCW, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Notice, the Website Terms of Service, and the Mobile App EULA are the entire agreement between you and Mister Car Wash with respect to the Website and the App and any purchase via the Website or the App. Mister Car Wash’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 MCW. 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 MCW and Mister Car Wash. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your use of the Website and the App and any purchase via the Website and the App. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

California Users

Under California Civil Code Section 1789.3, California users of the Website or the App receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

CONTACT US

Please contact us by telephone at 866-254-3229, by email at help@mistercarwash.com, or by mail at 222 E. 5^th St., Tucson, AZ 85705.