Welcome to the Club!

Terms & Conditions

Membership Terms

PURPOSE

Beam & Gleam Express Auto Wash offers the Wash Club (“WC”) that allows members to subscribe for a membership plan specifying a level of car wash service at our Three Rivers, MI location and any future locations not yet determined. The recurring monthly fee depends on the membership plan purchased for each vehicle.

SCOPE

These Membership Terms (“Terms”) govern your purchase of and membership in the WC and use of the services offered through the WC.

OVERVIEW

When you register your membership account and purchase one or more membership plans, we need to collect personally identifying information, which 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 the identified vehicle by Beam & Gleam Express Auto Wash under your purchased WC membership plan.

By providing Beam & Gleam Express Auto 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, cancel your membership plan per the procedure outlined in Section 2.4 “Cancellation by You”, and do not use the services.

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 WC (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

WC Membership Plans and Fees

1.1. Services. We offer the following WC membership plans depending on location: Gleam and Glimmer Wash Membership Plans. For service details and fees, you can visit Beam & Gleam Express Auto Wash online by visiting www.beamandgleam.com. We reserve the right to change our WC membership plans or fees in any manner and at any time as we may determine in our sole and absolute discretion, provided, however, that 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 locations and on the website. The services offered at each 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 a fixed number of services at any Beam & Gleam Express Auto Wash location.

1.2. Auto-Renewal. The WC 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 (“Payment Method”) to Beam & Gleam Express Auto Wash and your acceptance of the Terms as set forth above. 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 agree to these Terms. Your WC membership plan will automatically renew monthly, such that your Payment Method will automatically be charged on a recurring monthly basis until cancelled by you or terminated by us 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.

1.3 RFID Sticker. Beam & Gleam Express Auto Wash will affix a radio frequency identification (RFID) sticker to the vehicle’s front windshield upon enrollment in a membership plan. The membership plan number for the vehicle appears on this RFID sticker. The RFID sticker must be affixed to the vehicle’s windshield each time services are obtained. You agree not to tamper with, copy or share a vehicle’s RFID sticker.

1.4 Single Vehicle, Personal Use Only. Each purchased WC membership plan is for a single, personal, non-commercial vehicle only. Resale or transfer of your WC membership plan or RFID to another vehicle or person is expressly prohibited. Commercial vehicles, including ride-sharing vehicles, taxis, and limousines, are not eligible for the WC. If you have a commercial vehicle, please contact info@beamandgleam.com for information about a business account.

1.5 Family Plans. In select markets (currently unavailable at all locations), a family plan may be available. Check at your nearest Beam & Gleam Express Auto Wash location for availability and fees. This allows 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. The Payment Method must be delivered to Beam & Gleam Express Auto Wash 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 cancelled, suspended, deactivated, or terminated or 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 Vehicle Sold. If a vehicle identified with a membership plan is sold, you may transfer the membership plan to another vehicle by visiting any Beam & Gleam Express Auto Wash location or contacting info@beamandgleam.com.

1.7 Vehicle Stolen. If a vehicle identified with a membership plan is lost or stolen, you must promptly deactivate the vehicle’s WC membership plan, or others may access the car wash service through your account and may be able to access certain details of your account information. To deactivate, visit any Beam & Gleam Express Auto Wash location, email info@beamandgleam.com, or call 269-592-2010.

1.8 Discounted Introductory Period. If a discounted introductory period is available to you, then 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. As a result, the availability, duration, and any other terms for the introductory period may vary as determined by Beam & Gleam Express Auto Wash at its sole discretion. At the expiration of any discounted introductory period, we 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 prior to the end of the discounted introductory period as set forth below. We reserve the right to revoke the discounted introductory period and charge you the then-standard fee for the plan you selected, and/or put your account on hold if we determine that you are not eligible for the introductory discount.

Billing, Cancellation, and Refunds

2.1 Payment Processing. To purchase a WC membership plan, you must provide a Payment Method. You authorize us to charge the current Payment Method associated to your membership account for your membership plan(s) fees, which will be automatically charged monthly. 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, we may suspend your access to the service until we have 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. We have no responsibility or liability if your Payment Method is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. For additional information, please see our Privacy Notice.

2.2 Automatic Billing Cycle. The fee for the WC membership plan you purchase, and any other charges you may incur in connection with your WC membership plan, such as taxes and possible transaction fees, will be charged monthly to your Payment Method on the day of month on which you signed up for the plan. Fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your membership plan was purchased on a day not contained in each month, e.g., the 31st. The charges will appear on your Payment Method receipt as from Beam & Gleam Express Auto Wash together with the respective store number where you purchased your WC membership plan and your membership plan number.

2.3 Updating your Payment Method. To update your Payment Method, visit any Beam & Gleam Express Auto Wash location, or call 269-592-2010. We may also update information on your Payment Method using information provided by the payment service providers, such as the expiration date of your Payment Method. Following any update, you authorize us to continue to charge the applicable Payment Method for each membership plan associated with your membership account.

2.4 Cancellation by You; Reactivation. You must cancel a WC membership plan at least 7 days before it renews to avoid automatic billing to your Payment Method for the applicable fee for the next monthly billing cycle. The vehicle identified with the cancelled membership plan will continue to have access to the car wash services through the end of its billing period. To cancel, visit any Beam & Gleam Express Auto Wash location, email info@beamandgleam.com, or call 269-592-2010. If you cancel all membership plan(s) associated with your membership account, your account will automatically close at the end of the next applicable billing period. To reactivate a closed membership account, visit any Beam & Gleam Express Auto Wash location, email info@beamandgleam.com, or call 269-592-2010.

2.5 No Refunds. Paid membership fees are nonrefundable and there are no refunds or credits for partially used membership plan periods. Any refund, discount, or other consideration to some or all our members are at our sole and absolute discretion in accordance with applicable law.

WC Membership Account

3.1 Membership Account. The person who registered the WC 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 a WC membership account, you must be 18 years of age. Individuals under the age of 18 must use the WC membership account of their parent or legal guardian pursuant to these Terms. If you submit the personal information of any person other than yourself registering an account or purchasing additional membership plans, you warrant that you have that person’s permission to provide us with that information.

3.2 Updating Your Membership Account. To update your WC membership account, visit any Beam & Gleam Express Auto Wash location, email Info@beamandgleam.com, or call 269-592-2010.

3.3 Communication Preferences. We will send you information relating to your membership account (e.g. payment authorizations, invoices, changes in password or 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 cell 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.

3.4 Text Messages. We may communicate with you via text messages. Your carrier’s standard message rates will apply to any message you send us, your receipt of Beam & Gleam Express Auto Wash’s confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider. Beam & Gleam Express Auto Wash 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, and the date, time and content of your messages and other information you provide to Beam & Gleam Express Auto Wash. Beam & Gleam Express Auto Wash may use this information to contact you and provide services you request from Beam & Gleam Express Auto Wash. We do not send you promotional messages via text unless you expressly opt-in to receiving such messages. Consent to receive such messages is not a condition of making any purchase. Maximum number of messages per month will vary. You can unsubscribe at any time by emailing info@beamandgleam.com.

3.5 Compliance with Law. You and anyone for whom you purchase a WC membership plan agree to use the WC membership account and membership plan(s) in accordance with all applicable laws, rules, and regulations. We may cancel your membership account and membership plan(s) if you, or anyone registered with your membership account, violate these Terms, or are engaged in illegal or fraudulent use of the WC membership account or membership plan(s).

3.6 Termination by Beam & Gleam Express Auto Wash. To the maximum extent permitted by applicable law, Beam & Gleam Express Auto Wash may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your WC membership account, any purchased membership plans, and use of the services, without notice or liability. If we refuse, suspend, deactivate, or terminate your membership account, you may not register another membership account or purchase another membership plan without our prior written permission. We may, at our discretion, suspend, deactivate, or terminate your membership account and plans to protect you or Beam & Gleam Express Auto Wash from identity theft or other fraudulent activity. Except as required by applicable law, Beam & Gleam Express Auto Wash is not obligated to credit or discount your account for any such refusals, suspensions, deactivations, or terminations.

3.7 Online Account Management. In select markets, online account management is available for Wash Club members. Members can create an online account that allows them to sign up, change their membership plan, update their Payment Method, cancel a membership plan, view, and print monthly billing invoices, and edit profile information. Online account management is accessible through the main Beam & Gleam Express Auto Wash homepage by visiting www.beamandgleam.com and clicking on “Manage Account” in the navigation links of the website.

Disclaimers of Warranties and Limitations on Liability

4.1 THE WC MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). BEAM & GLEAM EXPRESS AUTO WASH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.

4.2 BEAM & GLEAM EXPRESS AUTO WASH DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). WITHOUT LIMITING, THE GENERALITY OF SECTION 4.3 BELOW, BEAM & GLEAM EXPRESS AUTO WASH SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS:

•Bug shields
•Non-operating power antennas
•Loose molding, racks, etc.
•Non factory installed accessories
•After-market wheels
•Other pre-existing conditions
•All unsecured personal items
•Driver negligence
•Electronic running boards left down
•Automatic windshield wipers left on

4.3 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BEAM AND GLEAM EXPRESS AUTO WASH, OR ITS AFFILIATE OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“B&G AFFILLIATES”) 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 THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT B&G AFFILLIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, B&G AFFILLIATES’ 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 WC MEMBERSHIP 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.

4.4. 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 will indemnify, defend, and hold harmless the B&G AFFILLIATES 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 WC, 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.

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 WC membership plan, these Terms, or this 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 Beam & Gleam Express Auto Wash, and to any of our 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 CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

5.2 Disputes Excluded from Arbitration. Disputes where the amount in controversy is less than US $10,000 and filed by you or Beam & Gleam Express Auto Wash individually 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 Beam & Gleam Express Auto Wash’s or its licensor’s intellectual property or other proprietary rights, Beam & Gleam Express Auto Wash may immediately resort to court proceedings in a court of competent jurisdiction as set forth above 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.

5.3 Confidential Proceedings. The parties expressly agree that 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 otherwise may be required by law.

5.4 Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s 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.

5.5 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, 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 law’s provisions.

5.6 Survival; Severability. This Arbitration Agreement provision 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 a written agreement between you and Beam & Gleam Express Auto Wash.

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 BEAM & GLEAM EXPRESS AUTO WASH 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 Beam & Gleam Express Auto Wash 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.

Miscellaneous

6.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of law’s 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. Beam & Gleam Express Auto 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 Beam & Gleam Express Auto Wash website 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 WC. 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 WC and its features, or if you need assistance with your membership account, go online to www.beamandgleam.com, visit any Beam & Gleam Express Auto Wash location, email Info@beamandgleam.com, or call 269-592-2010.

6.4 Changes to Terms. Beam & Gleam Express Auto Wash may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective the next billing cycle 30 days after being posted at the impacted Beam & Gleam Express Auto Wash locations and on the Beam & Gleam Express Auto Wash website www.beamandgleam.com/terms/.

6.5 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 Beam & Gleam Express Auto Wash, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Policy, are the entire agreement between you and Beam & Gleam Express Auto Wash with respect to the WC. Beam & Gleam Express Auto 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 Beam & Gleam Express Auto Wash. 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 Beam & Gleam Express Auto 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 WC membership. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.